Amendments of the Public Health (Dairy) Regulations (ACT)

Regulations 1975 No. 17

Regulations under the Public Health Ordinance 1928-1975.*

I, D O U G L A S N I X O N E V E R I N G H A M , the Minister of State for Health, hereby

make the following Regulations under the Public Health Ordinance 1928-1975.

Dated this first day of September, 1975.

D . E V E R I N G H A M

Minister of State for Health.

A M E N D M E N T S OF THE PUBLIC HEALTH ( D A I R Y ) REGULATIONSt

1 . These Regulations shall come into operation on 6 September 1975.

2 . Regulation 3 of the Public Heal th (Dai ry) Regulations is repealed.

3.   Regulation 4 of the Public Health (Dairy) Regulations is amended—

(a) by inserting in sub-regulation (1), after the definition of " approved ", the following definit ion:—

" ' A u s t r a l i a n Standard 1 0 9 5 ' means the publication issued by the

Standards Association of Australia and entitled ' Australian Standard 1095—Methods of Microbiological Examinat ion of Dairy Products and for Dairy Pu rposes ' ; " ;

(b) by omitting from sub-regulation (1) the definition of "cream" and substituting the following definition:—•

" ' cream ' means that portion of milk in which milk-fat is so con­ centrated that a given mass of that portion of milk contains not less than 35 parts per centum by mass of milk-fat;";

1968. No. 5; 1970, No . 12; and 1972, Nos. 1 and 10.

(c)	by omitting from the definition of " cream mixture" the word " volume " and substituting the word " mass ";
(d)	by inserting in sub-regulation (1), after the definition of "infectious d isease" , the following definitions: —

" ' light c r e a m ' means that portion of milk in which milk-fat is so concentrated that a given mass of that portion of milk contains not less than 18 parts per centum, and not more than 25 parts per centum, by mass of milk-fat;

" ' m i l k ' means cow's milk in liquid or frozen form;";

• Notified in the Australian Government Gazette on 5 September 1975.
t Regulations 1957. No. 5, as amended by Regulations 1959, No . 2; 1961, N o . 7; 1963, No. 5: 1964, No . 8;

(e) by omitting the definitions of " milk retailer ", " milk vendor " and " milk wholesaler " and substituting the following definitions:—

" ' milk re ta i le r ' means a person, other than a milk vendor, who

carries on the business of selling milk by retail;

" ' milk v e n d o r ' means a person who holds a Vendor 's Permit or

a Vendor ' s Licence under the Milk	Authority	Ordinance
1971-1975;

" ' milk wholesa ler ' means a person who carries on the business

of selling milk by wholesale;";

(f)	by inserting in sub-regulation (1), after the definition of "recon­
stituted c r e a m " , the following definit ion:—

" ' reduced c r e a m ' means that portion of milk in which milk-fat is so concentrated that a given mass of that portion of milk contains not less than 25 parts per centum, and not more than 35 parts per centum, by mass of milk-fat;"; and

(g) by adding at the end thereof the following sub-regulat ions:—

" (4 ) These Regulations apply in relation to reduced cream and light cream as they apply in relation to cream.

" (5 ) For the purposes of these Regulations, a substance does not

cease to be milk by reason only that a substance has been added

to the first-mentioned substance.".

4.   Regulation 10 of the Public Health (Dairy) Regulations is amended—

(a ) by omitting sub-regulation (5 ) and substituting the following

sub-regulat ions:—

" (5 ) Raw milk shall have a colony count not exceeding 150,000
per millilitre and a coliform count not exceeding 100 per millilitre.

" (5A) The colony count and coliform count of milk shall be ascertained by means of the pour plate methods in accordance with Australian Standard 1095.";

(b) by omitting from sub-regulation (6) the word "Milk" and sub­

stituting the words " Raw milk "; and

(c ) by omitting sub-regulation (7 ) and substituting the following

sub-regulation:—•

" (7 ) Raw milk shall have a thermoduric bacteria count not exceeding 30,000 micro-organisms per millilitre as ascertained by means of a thermoduric bacteria count test carried out in accord­ ance with Australian Standard 1095.".

5 . Regulation 11 of the Public Health (Da i ry ) Regulations is amended by

omitting sub-regulation (3 ) and substituting the following sub-regula t ion:—

" (3 ) When subjected to a phosphatase test carried out in accordance with Australian Standard 1095, pasteurized milk shall give a result not exceeding 10 micrograms of para-nitro-phenol." .

6. ( 1 ) Regulation 13 of the Public Heal th (Dai ry) Regulations is amended by omitting sub-regulations ( 2 ) , (3) and (4) and substituting the following sub-regulat ions:—

" (2 ) Subject to sub-regulation ( 3 ) , cream, reconstituted cream, thickened cream, prepared cream and cream mixture shall not contain preservative or any foreign substance.

" ( 3 )	Notwiths tanding sub-regulation (2 ) —
(a)	thickened cream or cream mixture does not fail to comply with the s tandard required by these Regulations by reason only that it conta ins—

(i) sugar;
(ii) sucrate of lime;
(iii) a preparat ion of rennin; or

(iv)    not more than one part per centum by mass of gelatine or another approved stabilizing substance; and

(b) whipped cream does not fail to comply with the standard required by these Regulations by reason only that it contains traces of nitrous oxide gas used in its preparat ion.

" (4 ) Reconstituted cream, thickened cream and prepared cream shall con­ tain not less than 35 parts per centum by mass of milk fat.".

(2) Regulation 13 of the Public Heal th (Dai ry) Regulations is amended by

omitting sub-regulations (7 ) and (8 ) and substituting the following sub-

regula t ions :—

" (7 ) Cream and cream products (other than ultra-heat-treated cream, sour cream or unpasteurized c ream) shall have a colony count not exceeding 50,000 per millilitre and a coliform count not exceeding 10 per millilitre.
" ( 8 ) The colony count and coliform count of cream and cream products shall be ascertained by means of the pour plate methods in accordance with Australian Standard 1095.

" (9 ) Cream shall not contain more than .002 international unit of penicillin

per millilitre as ascertained by means of the disc assay method in accordance

with Australian Standard 1095.

" (10) When subjected to a phosphatase test carried out in accordance with Australian Standard 1095, pasteurized cream shall give a result not exceeding 10 micrograms of para-nitro-phenol.".

7 . The following regulation is inserted in Part III of the Public Health (Dai ry) Regulations after regulation 1 8 : —

" 1 8 A . (1 ) In this regulation, ' cream ' includes reconstituted cream, thickened cream, prepared cream and cream mixture.

" ( 2 ) A person shall not bring cream into the Terri tory for sale in the Terri tory for human consumption unless the cream has been prepared on premises registered under the law of a State or Terri tory relating to the regis­ tration of premises used for the processing or handling of milk or cream.

Penal ty:  $200.

" ( 3 ) A person shall not bring cream into the Terri tory for sale in the

Terr i tory for h u m a n consumption unless—

(a) the vehicle in which the cream is transported to the Territory com­ plies with sub-regulation ( 4 ) ; and

(b ) the vehicle is clean and in good repair.

Penal ty :  $200.

" (4 ) A vehicle complies with this sub-regulation if the vehicle—

(a ) is capable of being effectively and readily cleaned;

(b) is so constructed and maintained as to protect cream carried in the

vehicle from dust, flies, other insects and any other thing that might render the cream unwholesome or injurious to health; and

(c) is so constructed or equipped that the temperature of cream carried in the vehicle does not exceed 4 degrees Celsius.

" (5 ) Fo r the purposes of this regulation, c ream brought into the Terr i tory shall be taken to be brought into the Terri tory for sale in the Terri tory for human consumption unless the contrary is proved.".

8 . Regulation 63 of the Public Health (Da i ry ) Regulations is amended by

omitting all words to and including the figures " 1971 " and substituting the

words " A person ".

9 . The Public Heal th (Da i ry ) Regulations are further amended as set out

in the Schedule.

1 0 . A licence or certificate granted or given under the Public Health (Da i ry ) Regulations as in force immediately before 6 September 1975 has, on and after that date, the same force and effect as if—

(a)	these Regulations had been in force when the licence or certificate was granted or given; and
(b)	the licence or certificate had been granted or given under the Public Heal th (Da i ry ) Regulations as amended by these Regulations.

SCHEDULE Regulation 9

Provision amended Omit— Insert—

Sub-regulation 4 (1), the Director-General (wherever Commissioner

definition of "approved" occurring)

Sub-regulation 4 (1), the Director-General Commissioner

definition	of	"authorized
officer"

Sub-regulation 6 (2)	. .	Director-General	Commissioner
Sub-regulation 6 (3)	. .	Director-General	Commissioner
Sub-regulation 6 (4)	. .	Director-General	Commissioner
Sub-regulation 6 (5)	. .	Director-General	Commissioner
Sub-regulation 7 (1)	. .	Director-General	Commissioner
Sub-regulation 7 (2)	. .	Director-General	Commissioner

Regulation 18 . . . . Director-General Commissioner

Sub-regulation 19 (1) . . Director-General Commissioner

Sub-regulation 19 (3) . . Director-General Commissioner

Sub-regulation 19 (4) . . Director-General (wherever Commissioner

occurring)

Regulation 24	. .	. .	Director-General	Commissioner
Sub-regulation 38 (1)	. .	Director-General	Commissioner
Sub-regulation 40 (7)	. .	Director-General	(wherever	Commissioner

occurring)

Sub-regulation 40 (9) . . Director-General (wherever Commissioner

occurring)

Sub-regulation 47 (1)	. .	Director-General	Commissioner
Sub-regulation 55 (3)	. .	Director-General	Commissioner

Regulation 59 . . . . Director-General Commissioner

Sub-regulation 60 (1) . . Director-General (wherever Commissioner

occurring)

Regulation 65 . . Director-General Commissioner

Regulation 66 . . Director-General (wherever Commissioner

occurring)

Sub-regulation 67 (2) Director-General Commissioner

Regulation 69 . . . . Director-General (wherever Commissioner

occurring)

Regulation 70 . . . . Director-General (wherever Commissioner

occurring)

Regulation 71	. .	Director-General	Commissioner
Sub-regulation 86A (2)	. .	Director-General	Commissioner

Sub-regulation 105 (1) . . Director-General Commissioner

Sub-regulation 105 (3)	. .	Director-General	Commissioner
The Schedule, Form I	. .	The Director-General of Health	The Commissioner, Capital

Territory	Health	Com­
mission

The Schedule, Form 2 . . Director-General of Health Commissioner,

Capital Ter­

ritory Health Commission

The Schedule, Form 3 . . Director-General of Health Commissioner, Capital Ter­

ritory Health Commission

The Schedule, Form 4 The Director-General of Health The Commissioner, Capital

Territory	Health	Com­
mission