IE
S.I. No. 148/1938 - Milk and Dairies (Special Designations) Regulations, 1938.
Table of Provisions (32)
Statutory Text (32 Articles)
1. The annual fee for a dealer's licence shall be five shillings.
2. The annual fee for any licence not being a dealer's licence, shall be determined by adding together whichever of the following amounts are appropriate to such licence, that is to say :—
£
s.
d.
(a) For each dairy at which milk may be produced or pasteurised by the holder for sale under the licence ... ... ...
2
0
0
(b) Where no bottling premises has been mentioned in any other licence issued to the same applicant, in force or to be in force during the same period and relating to the same special designation
(i) for the first bottling premises mentioned in the licence for which the annual fee is being determined ... ... ... ... ... ... ...
1
0
0
(ii) for any other bottling premises so mentioned after the first ... ... ... ... ... ...
0
5
0
(c) Where any bottling premises has been mentioned in another licence issued to the same applicant, in force or to be in force during the same period and relating to the same special designation:for each bottling premises mentioned in the licence for which the annual fee is being determined ... ... ... ... ... ... ...
0
5
0
Given under the Hand and Seal of the Minister for Local Government and Public Health this 13th day of May, One Thousand Nine Hundred and Thirty-eight.
(Signed) SEÁN T. O CEALLAIGH,
Minister for Local Government and Public Health.
The Minister for Agriculture hereby concurs with the foregoing regulations.
(Signed) SÉAMUS O RIAIN,
Minister for Agriculture.
The Minister for Finance hereby approves of so much of the foregoing regulations as relates to fees.
(Signed) SEÁN MAC ENTEE,
Minister for Finance.
3. ............................................................ ....
............................................................ ....
The Minister for Local Government and Public Health hereby extends the licence referred to above as the original licence so as to entitle the above-named dairyman being the holder of the original licence to sell milk which has been bottled by him at the additional premises specified above.
This licence comes into force on the...............................day of.....................................19......, and will continue in force while the original licence continues in force and will then expire.
Given under the Official Seal of the Minister for Local Government and Public Health this.........day of....................., One Thousand Nine Hundred and........................
Signed............................................................ .......... (Note 2)...............................................
NOTES ON FORM S.D. 6.
(Not to appear on the Licence).
NOTE 1.—Here insert either "Highest Grade Milk", "Standard Milk", or "Pasteurised Milk".
NOTE 2.—The licence should be signed by the Minister or by an Officer duly authorised for that purpose by the Minister.
FORM S.D. 7.
MILK AND DAIRIES (SPECIAL DESIGNATIONS) REGULATIONS, 1938.
DEALER'S LICENCE.
(........................ (Special Designation) ..........................)
(Note 1.)
Serial Number...........................
Name of Sanitary District:............................................................ ................
Name and Address of Dairyman:............................................................ .....
............................................................ ............................................................ .......................
The.................................(Note 2).................................in exercise of the powers vested in them by the above named regulations hereby license the above-named dairyman to sell milk in the above-named sanitary district under the special designation........................(Note 1)........................if, such milk has not been........................(Note 3)........................or bottled by such dairyman but has been purchased by such dairyman under the said special designation
This licence is not transferable and is subject to the terms and conditions prescribed in the above-named regulations.
This licence comes into force on the...............day of.............................. and will continue in force, unless previously revoked or suspended until the 31st day of December, 19......
Given under the Official Seal of the........................ (Note 2) ........................this...............day of........................... One Thousand Nine Hundred and........................
Signed........................................................... (Note 4) ........................................................
NOTE.
(To appear on the licence.)
Where milk is sent by the dairyman from any premises in a vehicle which is his property or under his control for delivery or sale from such vehicle to a purchaser it is regarded as having been sold at such premises.
NOTES ON FORM S.D. 7.
(Not to appear on the licence.)
NOTE 1.—Here insert either "Highest Grade Milk", "Standard Milk", or "Pasteurised Milk".
NOTE 2.—Here insert the full title of the licensing authority.
NOTE 3 —Here insert either "produced" or "pasteurised."
NOTE 4.—The licence should be signed here by the Chief Executive Officer of the licensing authority.
ARTICLE 29.
FOURTH SCHEDULE.
ANNUAL FEES FOR LICENCES.
4. A vessel or appliance which has been in contact with milk which the holder of the licence is not entitled to sell under the special designation shall not be allowed to come into contact with milk which has been pasteurised and is to be sold under the said special designation until such vessel or appliance has been thoroughly cleansed and scalded.
5. Wherever by reason of any regulation made under the Act or of any of these conditions it is necessary in the course of production or treatment of milk which may be sold under the special designation to scald any vessel or appliance such scalding shall be effected in such a manner as to sterilise such vessel or appliance and, unless the licensing authority otherwise permits, such scalding shall be effected by means of steam under pressure.
6. No milk shall be sold under the special designation to which any colouring matter has been added or which has been treated in any manner likely to affect its nature or qualities injuriously.
7. Every vessel in which milk sold or to be sold under the special designation is transported or in which milk is sold under the special designation shall be clearly labelled or marked with—
(
a
) The name and address of the dairyman by whom it was filled, and
(
b
) The day of the week on which the milk was pasteurised, and
(
c
) The words "Pasteurised Milk".
8. Every vessel from which milk is taken for sale by retail shall be clearly labelled or marked with the words "Pasteurised Milk".
9. Where the milk is sold in bottles the following conditions shall apply that is to say:—
(1) Every bottle used shall be of a type approved by the licensing authority and shall be securely closed, after being filled, by means of a sterile cap, lid or other device approved by the licensing authority.
(2) On every bottle used, or on the cap, lid or other closing device of such bottle the following words, and no other words shall be clearly inscribed, that is to say:—
(
a
) The name and address of the dairyman by whom the bottle was filled.
(
b
) The day of the week on which the milk was pasteurised.
( c )
The words "Pasteurised Milk".
10.—(1) For the purposes of this condition a sample may be taken either—
(
a
) from any milk under the control of the holder of the licence which he is entitled to sell under the special designation; or
(
b
) from any milk which the holder of the licence has placed in a bottle or other container for the purposes of sale under the special designation, if such bottle or other container has not been opened after being filled and before such sample is taken.
(2) Every sample of milk taken for the purposes of this condition shall be taken in the manner prescribed by the Act and any regulations made thereunder for the taking of a sample of milk by a sampling officer in exercise of the powers conferred on him by Part VIII of the Act, except that any provision of the said Part VIII requiring the sampling officer to divide the sample into two parts and to deliver or send one of such parts to the seller or consignor or his agent shall not apply.
(3) The milk to be sold under the special designation shall be so produced and treated that any sample taken for the purposes of this condition on being tested by a person approved by the Minister in accordance with directions issued by the Minister from time to time, shall be found to contain not more than 100,000 bacteria per cubic centimetre.
ARTICLE 27.
THIRD SCHEDULE.
FORMS OF LICENCES.
FORM S.D.1.
MILK AND DAIRIES (SPECIAL DESIGNATIONS) REGULATIONS, 1938.
PRODUCER'S LICENCE.
(.......................... Special Designation .................................)
(Note 1).
Serial Number........................
Name and Address of Dairyman
............................................................ ...........................
............................................................ ...........................
............................................................ ...........................
Dairies at which milk may be produced
10. Once at least in every year at such time as the Minister shall direct the holder of the licence shall arrange for the taking of a bulk sample of the milk of the entire herd by a veterinary surgeon nominated or approved by the Minister and for the examination of such sample biologically for the presence of tubercle bacillus; and shall furnish a certificate of such test to the licensing authority with all convenient speed.
11. No milk shall be sold by virtue of the licence without the consent of the licensing authority unless during the period between the making of the application on which the licence was granted and the coming into force of the licence the foregoing conditions (except Conditions 7 and 8) have been complied with as if the licence had been in force during the said period.
SECTION B.
Applicable to all Licences.
12. A vessel or appliance which has been in contact with milk which the holder of the licence is not entitled to sell under the special designation Highest Grade Milk or Standard Milk shall not be allowed to come into contact with milk which is to be sold under the special designation Standard Milk until such vessel or appliance has been thoroughly cleansed and scalded.
13. Wherever by reason of any regulation made under the Act or of any of these conditions it is necessary in the course of production or treatment of milk which may be sold under the special designation Standard Milk to scald any vessel or appliance such scalding shall be effected in such a manner as to sterilise such vessel or appliance and, unless the licensing authority otherwise permits, such scalding shall be effected by means of steam under pressure.
14. No milk shall be sold under the special designation Standard Milk which has been heated (except for consumption as hot milk) or which has been treated in any other manner likely to affect its nature or qualities injuriously, or to which any colouring matter has been added.
15.—(1) No milk shall be sold under the special designation Standard Milk otherwise than in bottles or in unventilated sealed containers of a capacity not less than one gallon marked or labelled in accordance with these conditions, unless such milk is sold for consumption on the premises in which it is sold.
(2) No milk shall be sent from the dairy in which it is produced or from any other premises for the purposes of sale under the said special designation, except in bottles or in unventilated sealed containers of a capacity not less than one gallon marked or labelled in accordance with these conditions.
(3) Every unventilated sealed container such as is referred to in this condition shall be clearly labelled or marked with
(
a
) the name and address of the dairyman by whom it was filled;
(
b
) the day of the week on which the milk was produced;
(
c
) the word "morning" or the word "evening" according to the time of the milking at which the milk was produced;
(
d
) the words "Standard Milk".
15. As soon as any cow of the herd has been milked the milk shall be cooled without any delay, except such delay as may be necessary to remove the milk from the cowshed or other milking place and to strain the milk, to a temperature not higher than 60° Fahrenheit, by means of cooling apparatus which has been approved by the licensing authority.
16. Where the milk is sold in bottles the following conditions shall apply, that is to say:—
(1) Every bottle used shall be of a type approved by the licensing authority and shall be securely closed, after being filled, by means of a sterile cap, lid or other device approved by the licensing authority.
(2) On every bottle used, or on the cap, lid or other closing device of such bottle the following shall be clearly inscribed, that is to say
(
a
) The name and address of the dairyman by whom the bottle was filled.
(
b
) The day of the week on which the milk was produced.
(
c
) The words "Standard Milk".
(3) In addition to the words referred to in the foregoing paragraph the word "morning" or the word "evening" (according to the time of the milking at which the milk was produced) may be marked on a bottle or on the cap, lid or other closing device of a bottle.
(4) No words except the words referred to in this condition may be marked or inscribed on a bottle or on the cap, lid or other closing device of a bottle.
17. For the purposes of these conditions a sample may be taken either
(
a
) from any milk under the control of the holder of the licence which he is entitled to sell under the special designation Standard Milk; or
(
b
) from any milk which the holder of the licence has placed in a bottle or other container for the purposes of sale under the said special designation, if such bottle or other container has not been opened after being filled and before such sample is taken.
18.—(1) Every sample of milk taken for the purposes of this condition shall be taken in the manner prescribed by the Act and any regulations made thereunder for the taking of a sample of milk by a sampling officer in exercise of the powers conferred on him by Part VIII of the Act, except that
(
a
) any provision of the said Part VIII requiring the sampling officer to divide the sample into two parts and to deliver or send one of such parts to the seller, or consignor or his agent shall not apply, and
(
b
) save for the purpose of complying with paragraph (5) of this condition the sample shall not at any time be packed in ice.
(2) All milk which the holder of the licence is entitled to sell under the special designation Standard Milk shall be so produced and treated that any sample taken for the purposes of this condition shall satisfy within the meaning of this condition the following tests, which tests shall be carried out by persons approved by the Minister in accordance with directions issued by the Minister from time to time, that is to say—
(
a
) a methylene blue reduction test;
(
b
) a test for coliform bacillus.
(3) The tests of any sample of milk mentioned in this condition shall not be begun before the time specified for such sample in the following table or after the expiration of 18 hours from such time:—
TABLE.
Where the sample is a sample of milk produced at a morning milking and is taken not later than 5 p.m. on the day of such milking.
5 p.m. on the day of production.
Where the sample is a sample of milk produced at an afternoon milking and is taken on the day of such milking or not late than 10 a.m. on the day immediately succeeding such day.
10 a.m. on the day after the day of production.
Any other sample of milk ... ... ...
Four hours after the taking of the sample.
(4) During the period between the taking of a sample of milk and the time mentioned in the table in paragraph (3) of this condition the sample shall be kept at atmospheric (shade) temperature.
(5) Where the tests of a sample of milk are not begun at the time mentioned in the table in paragraph (3) of this condition the sample shall be cooled at such time to a temperature between 32° Fahrenheit and 40° Fahrenheit and kept at such a temperature until the tests are begun.
(6) A sample of milk taken on any date from the 1st day of May to the 31st day of October shall be deemed to have satisfied the methylene blue reduction test if it fails to decolourise the methylene blue within 4 ½ hours, and a sample of milk taken on any date from the 1st day of November to the 30th day of April shall be deemed to have satisfied the said test if it fails to decolourise the methylene blue within 5½ hours.
(7) The test for coliform bacillus shall be carried out on one hundredth part of a cubic centimetre of the sample and a sample shall be deemed to have satisfied such test if no coliform bacillus is found in such portion.
19.—(1) Every sample of milk taken for the purposes of this condition shall be taken in the manner prescribed by the Sale of Food and Drugs Acts, 1875 to 1936, and any regulations made thereunder for the taking of a sample of milk for the purposes of the said Acts, except that
(
a
) any provision of the said Acts requiring the person taking such sample to divide such sample into three parts and to deliver one part to the seller or his agent and to retain one part shall not apply and
(
b
) the sample may be of any amount not less than one half pint, and
(
c
) the sample may be taken by means of a dipper of a capacity not less than one half pint.
(2) All milk which the holder of the licence is entitled to sell under the special designation Standard Milk shall be so produced and treated that any sample taken for the purposes of this condition shall be found to contain not less than 3.5 per cent. of milk fats.
PART III.
PASTEURISED MILK.
SECTION A.
Applicable only to pasteurisers' licences.
18. Wherever by reason of any regulation made under the Act or of any of these conditions it is necessary in the course of production or treatment of milk which may be sold under the special designation Highest Grade Milk to scald any vessel or appliance such scalding shall be effected in such a manner as to sterilise such vessel or appliance and, unless the licensing authority otherwise permits such scalding shall be effected by means of steam under pressure.
19. No milk shall be sold under the special designation Highest Grade Milk or under the special designation Standard Milk which has been heated (except for consumption as hot milk) or which has been treated in any other manner likely to affect its nature or qualities injuriously, or to which any colouring matter has been added.
20.—(1) No milk shall be sold under the special designation Highest Grade Milk or the special designation Standard Milk otherwise than in bottles or in unventilated sealed containers of a capacity not less than one gallon marked or labelled in accordance with these conditions, unless such milk is sold for consumption on the premises in which it is sold.
(2) No milk shall be sent from the dairy in which it is produced or from any other premises for the purposes of sale under either of the said special designations, except in bottles or in unventilated sealed containers of a capacity not less than one gallon marked or labelled in accordance with these conditions.
(3) Every unventilated sealed container such as is referred to in this condition shall be clearly labelled or marked with
(
a
) the name and address of the dairyman by whom it was filled;
(
b
) the day of the week on which the milk was produced;
(
c
) the word "morning" or the word "evening" according to the time of the milking at which the milk was produced;
(
d
) the special designation under which the milk is to be sold
20. Application for producer's licence (Standard Milk).
21. When the milk is sold in bottles the following conditions shall apply, that is to say:—
(1) Every bottle used shall be of a type approved by the licensing authority and shall be securely closed after being filled by means of a sterile cap, lid or other device approved by the licensing authority.
(2) On every bottle used, or on the cap, lid or other closing device of such bottle, the following shall be clearly inscribed, that is to say
(
a
) The name and address of the dairyman by whom the bottle was filled.
(
b
) The day of the week on which the milk was produced.
(
c
) The special designation under which the milk is to be sold.
(3) In addition to the words referred to in the foregoing paragraph the word "morning" or the word "evening" (according to the time of the milking at which the milk was produced) may be marked on a bottle or on the cap, lid or other closing device of a bottle.
(4) No words except the words referred to in this condition may be marked or inscribed on a bottle or on the cap, lid or other closing device of a bottle.
22. For the purposes of these conditions a sample may be taken either—
(
a
) from any milk under the control of the holder of the licence which he is entitled to sell under the special designation Highest Grade Milk; or
(
b
) from any milk which the holder of the licence has placed in a bottle or other container for the purposes of sale under the said special designation, if such bottle or other container has not been opened after being filled and before such sample is taken.
23.—(1) Every sample of milk taken for the purposes of this condition shall be taken in the manner prescribed by the Act and any regulations made thereunder for the taking of a sample of milk by a sampling officer in exercise of the powers conferred on him by Part VIII of the Act, except that
(
a
) any provision of the said Part VIII requiring the sampling officer to divide the sample into two parts and to deliver or send one of such parts to the seller, or consignor or his agent shall not apply, and
(
b
) save for the purpose of complying with paragraph (5) of this condition the sample shall not at any time be packed in ice.
(2) All milk which the holder of the licence is entitled to sell under the special designation Highest Grade Milk shall be so produced and treated that any sample taken for the purposes of this condition shall satisfy within the meaning of this condition the following tests, which tests shall be carried out by persons approved by the Minister in accordance with directions issued by the Minister from time to time, that is to say—
(
a
) a methylene blue reduction test ;
(
b
) a test for coliform bacillus.
(3) The tests of any sample of milk mentioned in this condition shall not be begun before the time specified for such sample in the following table or after the expiration of 18 hours from such time:—
TABLE.
Where the sample is a sample of milk produced at a morning milking and is taken not later than 5 p.m. on the day of such milking.
5 p.m. on the day of production.
Where the sample is a sample of milk produced at an afternoon milking and is taken on the day of such milking or not later than 10 a.m. on the day immediately succeeding such day.
10 a.m. on the day after the day of production.
Any other sample of milk ... ... ...
Four hours after the taking of the sample.
(4) During the period between the taking of a sample of milk and the time mentioned in the table in paragraph (3) of this condition the sample shall be kept at atmospheric (shade) temperature.
(5) Where the tests of a sample of milk are not begun at the time mentioned in the table in paragraph (3) of this condition the sample shall be cooled at such time to a temperature between 32° Fahrenheit and 40° Fahrenheit and kept at such a temperature until the tests are begun.
(6) A sample of milk taken on any date from the 1st day of May to the 31st day of October shall be deemed to have satisfied the methylene blue reduction test if it fails to decolourise the methylene blue within 5 hours, and a sample of milk taken on any date from the 1st day of November to the 30th day of April shall be deemed to have satisfied the said test if it fails to decolourise the methylene blue within 6 hours.
(7) The test for coliform bacillus shall be carried out on one hundredth part of a cubic centimetre of the sample and a sample shall be deemed to have satisfied such test if no coliform bacillus is found in such portion.
24.—(1) Every sample of milk taken for the purposes of this condition shall be taken in the manner prescribed by the Sale of Food and Drugs Acts, 1875 to 1936, and any regulations made thereunder for the taking of a sample of milk for the purposes of the said Acts, except that
(
a
) any provision of the said Acts requiring the person taking such sample to divide such sample into three parts and to deliver one part to the seller or his agent and to retain one part shall not apply, and
(
b
) the sample may be of any amount not less than one half pint, and
(
c
) the sample may be taken by means of a dipper of a capacity not less than one half pint.
(2) All milk which the holder of the licence is entitled to sell under the special designation Highest Grade Milk shall be so produced and treated that any sample taken for the purposes of this condition shall be found to contain not less than 3·5 per cent. of milk fats.
PART II.
STANDARD MILK.
SECTION A.
Applicable only to Producers' Licences.
23. Appeal against refusal of dealer's licence.
24. Revocation, etc., of licence by Minister.
25. Revocation, etc., of dealer's licence by sanitary authority.
26. Appeal against revocation or suspension of dealer's licence.
27. Form of licence.
28. Duration of licence.
29. Fee for licence.
30. Application of Milk and Dairies Regulations, 1936.
FIRST SCHEDULE.
General conditions to which licences are subject.
SECOND SCHEDULE.
Special conditions to which licences are subject.
PART I.
Highest Grade Milk.
PART II.
Standard Milk.
PART III.
Pasteurised Milk.
THIRD SCHEDULE.
Forms of licences.
FOURTH SCHEDULE.
Annual fees for licences.
STATUTORY RULES AND ORDERS.
1938. No. 148.
MILK AND DAIRIES (SPECIAL DESIGNATIONS) REGULATIONS, 1938.
The Minister for Local Government and Public Health in exercise of the powers conferred on him by
Sections 31
and
35
of the
Milk and Dairies Act, 1935
, with the concurrence of the Minister for Agriculture and in exercise of the further power conferred on him by Sections 15 and 36 of the said Act with the approval of the Minister for Finance hereby makes the following regulations, that is to say:—
1 Citation.
1.
These regulations may be cited as the Milk and Dairies (Special Designations) Regulations, 1938.
2 Interpretation.
2.
The
Interpretation Act, 1937
, applies to these regulations.
3 Definitions.
3.
In these regulations the following words and expressions shall have the meanings hereby assigned to them, that is to say:—
"The Act" means the
Milk and Dairies Act, 1935
.
"The Minister" means the Minister for Local Government and Public Health.
"Licence" means a special designation licence granted under these regulations.
"Licensing authority" means in relation to any application for the grant of a licence the authority empowered by these regulations to grant such licence, and in relation to any licence which has been granted means the authority by which the licence was granted.
"Milch cow" means a cow kept for milking purposes;
"Herd" means the milch cows in respect of which any licence has been applied for or granted, as the case may be, and includes any bovine animal for the time being kept in contact with such cows.
"The producer" when used in relation to any milk means the dairyman owning or having control of the herd from which such milk has been or is to be obtained, and the word "produce" and other cognate words and expressions shall be construed accordingly.
"Bottle" means any closed receptacle of a capacity not exceeding one quart.
To "bottle" milk means to put milk into a bottle for the purposes of sale therein.
"Clinical examination" means a clinical examination carried out by a veterinary surgeon nominated or approved by the Minister in accordance with any directions issued by the Minister from time to time, and "veterinary surgeon's certificate" means a certificate in a form directed by the Minister signed by the person who has made such a clinical examination certifying the result thereof.
"Prescribed tuberculin test" means a test made with such tuberculin and in such manner as the Minister may direct from time to time by a veterinary surgeon nominated or approved by the Minister, and "certificate of a prescribed tuberculin test" means a certificate in a form directed by the Minister signed by the person making the test certifying the result thereof.
4 References to the sale of milk.
4.
—(1) References in these regulations to the sale of milk shall be construed as references to the sale of milk for human consumption in the form of whole milk and in no other form.
(2) Where milk is sent by a dairyman from any premises in a vehicle which is the property or under the control of such dairyman for delivery or sale from such vehicle to a purchaser such milk shall be deemed for the purposes of these regulations to be sold at such premises.
5 Service of notices.
5.
—(1) Where a notice is required by these regulations to be served on any person such notice shall be addressed to such person and shall be served on such person in some one of the following ways, that is to say:—
(
a
) by delivering it to such person;
(
b
) by leaving it at the address at which such person ordinarily resides;
(
c
) by sending it by post in a prepaid registered letter addressed to such person at the address at which he ordinarily resides.
(2) For the purposes of this Article a company registered under the Companies Acts, 1908 to 1924, shall be deemed to be ordinarily resident at its registered office, and every body corporate and every unincorporated body shall be deemed to be ordinarily resident at its principal office or place of business.
6 The special designations.
6.
The following designations shall be special designations for the purposes of Part IV of the Act, that is to say:—
(1) Highest Grade Milk.
(2) Standard Milk.
(3) Pasteurised Milk.
7 Producer's licence.
7.
—(1) Subject to the provisions of these regulations the Minister may grant to any person a licence (in these regulations referred to as a "producer's licence") entitling the holder of the licence to sell milk under the special designation to which the licence relates if,
(
a
) such milk has been produced by such holder from a herd in a dairy specified in the licence, and
(
b
) such milk has not been bottled except at such premises (if any) as are specified for that purpose in the licence.
(2) A producer's licence may relate to the special designation Highest Grade Milk or to the special designation Standard Milk but shall not relate to the special designation Pasteurised Milk.
8 Additional producer's licence.
8.
—(1) On the application of the holder of a producer's licence (in this Article referred to as "the original licence") the Minister may grant to such holder an additional licence extending the original licence in either or both of the following ways, that is to say:—
(
a
) by entitling such holder to sell milk which has been produced by him from a herd in a dairy not specified for that purpose in the original licence;
(
b
) by entitling such holder to sell under the original licence milk which has been bottled at one or more premises not specified for that purpose in the original licence.
(2) Every additional licence granted under this Article shall continue in force while the original licence continues in force and shall then expire.
9 Pasteuriser's licence.
9.
—(1) Subject to the provisions of these regulations the Minister may grant to any person a licence (in these regulations referred to as a "pasteuriser's licence") entitling the holder of the licence to sell milk under the special designation Pasteurised Milk if,
(
a
) such milk has been pasteurised by such holder in a dairy specified in the licence, and
(
b
) such milk has not been bottled except at such premises (if any) as are specified for that purpose in the licence.
10 Additional pasteuriser's licence.
10.
—(1) On the application of the holder of a pasteuriser's licence (in this Article referred to as "the original licence") the Minister may grant to such holder an additional licence extending the original licence in either or both of the following ways, that is to say:—
(
a
) by entitling such holder to sell under the original licence milk which has been pasteurised by him in a dairy not specified for that purpose in the original licence;
(
b
) by entitling such holder to sell under the original licence milk which has been bottled at one or more premises not specified for that purpose in the original licence.
(2) Every additional licence granted under this Article shall continue in force while the original licence continues in force and shall then expire.
11 Milk bottler's licence.
11.
—(1) Subject to the provisions of these regulations the Minister may grant to any person a licence (in these regulations referred to as a "milk bottler's licence") entitling the holder of the licence to sell under the special designation to which the licence relates milk bottled by him at premises specified in the licence if, such milk has not been produced or pasteurised by such holder but has been purchased by such holder under such special designation.
(2) A milk bottler's licence may relate to any special designation.
12 Additional milk bottler's licence.
12.
—(1) On the application of the holder of a milk bottler's licence (in this Article referred to as "the original licence") the Minister may grant to such holder an additional licence extending the original licence by entitling such holder to sell milk which has been bottled by him at premises not specified for that purpose in the original licence.
(2) Every additional licence granted under this Article shall continue in force while the original licence continues in force and shall then expire.
13 Dealer's licence.
13.
—(1) Subject to the provisions of these regulations the sanitary authority of a sanitary district may grant to any person a licence (in these regulations referred to as a "dealer's licence") entitling the holder of the licence to sell milk under the special designation to which the licence relates at any premises in such sanitary district which are for the time being approved for that purpose by the sanitary authority or the Minister if such milk has not been produced or pasteurised or bottled by such holder but has been purchased by such holder under such special designation.
(2) A dealer's licence may relate to any special designation.
(3) Before a dairyman who is the holder of a dealer's licence granted by the sanitary authority of one sanitary district, carries on in any other sanitary district, any portion of his business which relates to the sale of milk by virtue of such licence, under the special designation to which such licence relates, such dairyman shall notify the sanitary authority of such other sanitary district that he holds such dealer's licence and shall furnish such particulars of such licence as may be required from him.
14 Grant of licences to sanitary authorities.
14.
The Minister may grant to a sanitary authority which proposes to sell milk under a special designation in pursuance of Section 62 of the Act a licence in such form as the Minister shall from time to time direct and subject to such conditions as the Minister shall impose entitling such sanitary authority to sell milk under such special designation, and the provisions of these regulations (except this Article) shall not have effect in relation to such a licence.
15 Sale of milk as Standard Milk under licence relating to Highest Grade Milk.
15.
The holder of a licence relating to the special designation Highest Grade Milk may sell milk by virtue of such licence under the special designation Standard Milk if, and only if, such milk is milk which such holder is entitled to sell under the special designation Highest Grade Milk by virtue of such licence, and (in the case of a dealer's licence) such milk is sold in the sanitary district in which such holder is entitled to sell milk under the special designation Highest Grade Milk by virtue of such licence.
16 Provisions in relation to notices and advertisements.
16.
—(1) If the holder of a license relating to any special designation sells milk by retail as part of his ordinary business under no special designation he shall not in any notice or advertisement in or on any vehicle or premises used by him in connection with his business insert any reference to the sale of milk under such special designation unless he includes also a reference to milk without any special designation in letters not less conspicuous and of approximately equal size.
(2) If the holder of a licence relating to the special designation Highest Grade Milk sells (otherwise than by virtue of such licence) milk by retail as part of his ordinary business under any other special designation he shall not in any notice or advertisement in or on any vehicle or premises used by him in connection with his business insert any reference to the sale of Highest Grade Milk unless he includes also a reference to such other special designation in letters not less conspicuous and of approximately equal size.
(3) If the holder of a licence relating to the special designation Standard Milk sells milk by retail as part of his ordinary business under the special designation Pasteurised Milk he shall not in any notice or advertisement in or on any vehicle or premises used by him in connection with his business insert any reference to the sale of Standard Milk unless he includes also a reference to Pasteurised Milk in letters not less conspicuous and of approximately equal size.
17 Notification of registration.
17.
—(1) Every application to the Minister for a licence shall state every premises in respect of which the applicant is registered in the register of dairymen kept under the Act by the sanitary authority of a sanitary district.
(2) If a dairyman, being the holder of a licence granted to him by the Minister, is at any time after such grant registered in a register of dairymen kept under the Act by the sanitary authority of a sanitary district, in respect of any premises being premises in respect of which such dairyman was not registered at the time of such grant such dairyman shall notify the Minister of such registration, and such dairyman shall not before such notification carry on in such premises any portion of his business which relates to the sale of milk by virtue of such licence under the special designation to which such licence relates.
18 Applications for licences generally.
18.
Every application for a licence shall be made in writing to the licensing authority.
19 Application for producer's licence (Highest Grade Milk).
19.
—(1) The applicant for a producer's licence, other than a licence in renewal of an existing licence, relating to the special designation Highest Grade Milk shall comply with the following provisions, that is to say:—
(
a
) He shall furnish the Minister with a certificate of a prescribed tuberculin test, carried out not more than one month before the date of the application, of every animal of the herd which is not less than six months old at the date of the application.
(
b
) He shall furnish the Minister with a veterinary surgeon's certificate of a clinical examination of every animal of the herd carried out not more than one month before the date of the application.
(
c
) He shall satisfy the Minister that any animal certified as not having passed the said prescribed tuberculin test, and any animal certified as showing evidence of any disease or condition which is likely to cause the milk of the herd to be injuriously affected has been removed or isolated from such herd as the case may require.
(2) In the case of any application for a producer's licence made before the coming into operation of Part IV of the Act the Minister may dispense with compliance with this Article if he is satisfied that the animals of the herd have already been subjected to tuberculin tests and clinical examinations over a sufficient period and that adequate precautions have been taken against infection with tuberculosis and any other disease or condition which is likely to cause the milk of the herd to be injuriously affected.
20 Application for producer's licence (Standard Milk).
20.
The applicant for a producer's licence relating to the special designation Standard Milk, shall furnish the Minister with a veterinary surgeon's certificate of a clinical examination, carried out not more than one month before the date of the application, of every milch cow of the herd and shall satisfy the Minister that any cow which has been certified as showing evidence of a disease or condition which is likely to cause the milk of the herd to be injuriously affected has been removed or isolated from such herd as the case may require.
21 Conditions to which licences are subject.
21.
—(1) Every licence shall be in compliance with these regulations and subject to the general conditions set out in the first schedule to these regulations.
(2) In addition to the said general conditions every licence shall be subject to the special conditions set out in the second schedule to these regulations and appropriate to such licence.
(3) No milk shall be sold under the special designation to which a licence relates, in respect of which any condition to which such licence is subject has not been complied with.
22 Duty of licensing authority to which application is made for a licence.
22.
—(1) A licensing authority shall refuse an application for a licence unless it is satisfied that the applicant for such licence is a fit and proper person to be the holder of a licence, and that the arrangements made by the applicant for the production, storage, treatment and distribution (as the case may be) of the milk to be sold by virtue of such licence are such as to comply with the conditions subject to which the licence may be granted; and that, if such licence is granted to the applicant, having regard to the nature of the milk (if any) being produced or sold (as the case may be) at the time of such application and to every other relevant circumstance, the milk to be sold by virtue of such licence is likely to comply with such conditions.
(2) A licensing authority may refuse an application for a licence on the ground that the applicant has been convicted of an offence under the Act or under the Sale of Food and Drugs Acts, 1875 to 1936, in relation to the sale of milk.
(3) Except in the cases mentioned in the foregoing two paragraphs, the licensing authority to which an application for a licence is duly made shall grant a licence to the applicant in accordance with such application.
(4) Whenever a licensing authority decides to refuse an application for a licence such licensing authority shall serve notice of such decision on the applicant with all convenient speed.
23 Appeal against refusal of dealer's licence.
23.
—(1) Where the licensing authority decides to refuse an application for a dealer's licence the applicant may, within fourteen days, of the service of notice of such refusal appeal to the Minister against such refusal.
(2) On an appeal to the Minister under this Article against the refusal of a licence the Minister may, as he shall think proper, either confirm the refusal or direct the licensing authority to grant such licence.
(3) The licensing authority shall comply with any direction to grant a licence given by the Minister under this Article.
(4) For the purposes of an appeal under this Article any reference in these regulations to the satisfaction or to the approval of the licensing authority shall be treated as if it were a reference to the satisfaction or to the approval of the Minister (as the case may be).
(5) When the Minister decides an appeal under this Article he shall cause notice of his decision to be served on the appellant and on the licensing authority from whose decision such appeal was made.
(6) The decision by the Minister of an appeal under this Article shall be final.
24 Revocation, etc., of licence by Minister.
24.
—(1) The Minister may, subject to the provisions of this Article, suspend any licence for a specified period.
(2) The Minister may, subject to the provisions of this Article, at any time revoke a licence granted by him.
(3) The Minister may by order, subject to the provisions of this Article, at any time revoke a dealer's licence and may by the same or a subsequent order direct that no dealer's licence shall be granted by the same or (if he thinks fit) any other sanitary authority to the holder of such revoked licence.
(4) A sanitary authority shall not grant a dealer's licence to any person in contravention of a direction given by the Minister under the next preceding sub-article unless and until such direction has been withdrawn by order of the Minister.
(5) The Minister shall not suspend or revoke a licence by reason only of any milk being found not to satisfy the requirements of any condition in regard to bacterial content or quality after such milk has left the custody and control of the holder of the licence, if the Minister is satisfied that such failure was due to circumstances arising after such milk had so left the custody and control of such holder and without any default of such holder or his servants or agents.
(6) Where the Minister revokes or suspends a licence under this Article he shall serve with all convenient speed on the holder of such licence notice of such revocation or suspension and such revocation or suspension shall not take effect until the service of such notice.
25 Revocation, etc., of dealer's licence by sanitary authority.
25.
—(1) The licensing authority may, subject to the provisions of this Article, suspend for a specified period or revoke a dealer's licence in any of the following circumstances, that is to say:—
(
a
) if the holder of the licence has been convicted of an offence under the Act or under the Sale of Food and Drugs Acts, 1875 to 1936, in relation to the sale of milk;
(
b
) if the licensing authority is of opinion that such holder is no longer a fit and proper person to be the holder of a licence;
(
c
) if the licensing authority is of opinion that such holder has failed to comply with any of the conditions to which such licence is subject;
(
d
) if the licensing authority is of opinion that the grant of the licence was procured by fraud or by misrepresentation, whether fraudulent or innocent.
(2) The licensing authority shall not suspend or revoke a dealer's licence by reason only of any milk being found not to satisfy the requirements of any condition in regard to bacterial content or quality after such milk has left the custody and control of the holder of the licence, if the licensing authority is satisfied that such failure was due to circumstances arising after such milk had so left the custody and control of such holder and without any default of such holder ox his servants or agents.
(3) Where the licensing authority decides to suspend or revoke a dealer's licence they shall serve with all convenient speed on the holder of such licence notice of such decision.
(4) A decision of the licensing authority to suspend or revoke a dealer's licence shall not take effect until fourteen days have elapsed from the service on the holder of such licence of the notice of such decision or, in the case of an appeal under these regulations against such decision notice of which has been given to the licensing authority within such fourteen days, until the service on the holder of such licence of notice of the Minister's decision of such appeal.
26 Appeal against revocation or suspension of dealer's licence.
26.
—(1) Where the licensing authority decide to suspend or revoke a dealer's licence, the holder of such licence may within fourteen days of the service on him of notice of such decision and after giving notice to the licensing authority appeal to the Minister against such decision.
(2) On an appeal to the Minister under this Article against the revocation of a licence the Minister may, as he shall think proper, either confirm or annul such revocation or substitute therefor suspension for such period as he shall think proper.
(3) On an appeal to the Minister under this Article against the suspension of a licence the Minister may, as he shall think proper, either confirm or annul such suspension or reduce or extend the period thereof.
(4) For the purposes of an appeal under this Article any reference in these regulations to the satisfaction or to the approval or to the opinion of the licensing authority shall be treated as if it were a reference to the satisfaction or to the approval or to the opinion of the Minister (as the case may be).
(5) When the Minister decides an appeal under this Article he shall cause notice of his decision to be served on the appellant and on the licensing authority from whose decision such appeal was made.
(6) The decision by the Minister of an appeal under this Article shall be final.
27 Form of licence.
27.
Every licence shall be in the form set forth in the third schedule to these regulations appropriate to such licence.
28 Duration of licence.
28.
—(1) Every licence other than an additional licence shall continue in force until the 31st day of December next after the date on which the licence comes into force (unless before that day such licence is revoked or suspended) and, subject to the provisions of the next following sub-article, shall then expire.
(2) If an application is made for a new dealer's licence in renewal of an existing dealer's licence which is in force at the date of such application and the licensing authority decide to refuse such application such existing dealer's licence shall continue in force for fourteen days after the service on the holder of such existing dealer's licence of notice of such decision but if before the expiration of such fourteen days an appeal is made against such refusal and such holder has paid to the licensing authority a fee for such continuance equal to one quarter of the annual fee for such licence, such licence shall continue in force until the determination of such appeal.
(3) If a new dealer's licence is granted by the licensing authority to the holder of an existing dealer's licence which has been continued in force by virtue of the next preceding sub-article after the 31st day of December in any year the fee for the continuance in force of such licence paid by such holder to the licensing authority under the said sub-article shall be allowed as a credit against any fee payable by such holder in respect of such new dealer's licence.
29 Fee for licence.
29.
—(1) The annual fee for any licence shall be the amount determined for such licence under the fourth schedule to these regulations.
(2) The fees payable to licensing authorities in respect of the grant of licences shall be as follows, that is to say:—
(
a
) where the licence comes into force before the 1st day of April—the annual fee for the licence;
(
b
) where the licence comes into force after the 31st day of March but before the 1st day of July—three-quarters of such annual fee;
(
c
) where the licence comes into force after the 30th day of June but before the 1st day of October—one half of such annual fee;
(
d
) where the licence comes into force after the 30th day of September—one-quarter of such annual fee.
(3) No licence shall be granted by a licensing authority until the fee prescribed by this Article has been paid.
(4) Every fee for a licence paid to a sanitary authority shall be utilised by such sanitary authority in defraying the expenses incurred by such sanitary authority under the Public Health Acts, 1878 to 1931, or where such sanitary authority is a rural sanitary authority, in defraying so much of such expenses as are general expenses within the meaning of Section 232 of the Public Health (Ireland) Act, 1878.
30 Application of Milk and Dairies Regulations, 1936.
30.
Sub-article (2) of Article 39 and sub-article (4) of Article 41 of the Milk and Dairies Regulations, 1936, shall have effect in relation to any sale container or other receptacle which has been filled with milk for the purposes of sale under the special designation Pasteurised Milk, with the modification that such sale container or other receptacle shall be marked with the day of the week on which such milk was pasteurised in lieu of the day of the week on which such milk was produced.
ARTICLE 21.
FIRST SCHEDULE.
GENERAL CONDITIONS TO WHICH LICENCES ARE SUBJECT.
STATUTORY RULES AND ORDERS. 1938. No. 148.
MILK AND DAIRIES (SPECIAL DESIGNATIONS) REGULATIONS, 1938.
ARRANGEMENT OF ARTICLES.