Amendments of the Public Health (Dairy) Regulations (ACT)
Regulations 1972 No. 1
Regulations under the Public Health Ordinance 1928-1966.*
K E N N E T H McCOLL A N D E R S O N , the Minister of State for Health, hereby
| , | make the following Regulations under the Public | Health | Ordinance |
| I | 1 9 2 8 - 1 9 6 6 . |
Dated this fourth day of January, 1972.
KEN A N D E R S O N 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. Regulation 3 of the Public Health (Dairy) Regulations is amended by omitting the words " Sale of Milk " and inserting in their stead the words " Sale of Milk or Cream ".
2. Regulation 4 of the Public Health (Dairy) Regulations is amended—
(a)
by omitting from the definition of " dairyman" in sub-regulation (1 . ) the word "carrying" and inserting in its stead the words " licensed under these Regulations to carry ";
(6 ) by omitting from that sub-regulation the definitions of " licensed " and " milk "; and
(c)
by omitting from that sub-regulation the definitions of " milk shop " and " milk vendor" and inserting in their stead the following definitions:—
" ' milk shop ' means premises used for the retail sale of milk or
cream, but does not include any portion of a factory or dairy;
' milk retailer' means a person who holds a Retailer's Licence
| 1968, No . 5; and 1970, No. 12. |
under the Milk Authority Ordinance 1971; ' milk vendor ' means a person who holds a Vendor's Licence or
Vendor's Permit under that Ordinance;
' milk wholesaler' means a person who holds a Wholesaler's (Importing) Licence or Wholesaler's (Processing) Licence under that Ordinance; ".
3. Regulation 5 of the Public Health (Dairy) Regulations is amended—
(a)
by omitting from sub-regulation (1.) the words "or milk vendor"; and
(b) by omitting sub-regulations ( 2 . ) and ( 3 . ) .
* Notified in the Commonwealth Gazette on 13 January 1972. t Regulations 1957. No. 5, as amended by Regulations 1959, No. 2; 1961, No . 7; 1963, No . 5; 1964, N o . 8;
4. Regulation 6 of the Public Health (Dairy) Regulations is amended— (a) by omitting from sub-regulation (1 . ) the words "or Form 1A"; (b) by omitting from sub-regulation (2 . ) the words " o r milk vendor";
(c)
by omitting from sub-regulation (2.) the words ", unless the appli cant is a person specified in sub-regulation (3 . ) of the last preceding regulation, ";
(d) by omitting from sub-regulation (4 . ) the words " o r milk vendor";
(e)
by omitting from sub-regulation (4.) the words " , or, in the case of a retail milk distributor, a licence which may be in accordance with Form 2A "; and
( / ) by omitting sub-regulation (7 . ) and inserting in its stead the following sub-regulation:—
" (7 . ) The fee payable for a licence as a dairyman is Five dollars,
and the fee payable for the registration of a dairy is Five dollars.".
5 . Regulation 7 of the Public Health (Dairy) Regulations is amended by omitting from sub-regulation (1 . ) the words "factory or" .
6. Regulation 8 of the Public Health (Dairy) Regulations is amended—
(a)
by omitting from sub-regulation (2.) the words "or milk vendor" (wherever occurring); and
(b) by omitting sub-regulation ( 4 . ) . 7. Regulation 9 of the Public Health (Dairy) Regulations is repealed.
8. Regulation 14 of the Public Health (Dairy) Regulations is repealed and the following regulation inserted in its stead:—
" 14. The occupier of a factory shall not sell pasteurized milk, or a substance represented to be pasteurized milk, in a container—
(a) except in a container that is sealed, in accordance with regulation 54 of these Regulations, with a disc, cap or device; (b) unless there are legibly embossed or printed in not less than twelve point lettering— (i) the words ' Pasteurized Milk '; and (ii) its contents by fluid measurement;
(c) unless there is, if the container is a carton, on the carton, or, if the container is a botlle, on the disc, cap or device used to seal the
premises the milk contained in the carton or bottle was pasteurized; bottle, legibly embossed or printed the name of the person on whose and
(d) unless there is, if the container is a carton, legibly embossed on the carton, or if the container is a bottle legibly embossed on the disc, cap or device used for sealing the bottle, in eight point lettering a figure or figures indicating the day of the month of the year on which the milk was pasteurized.". 9. Regulation 16 of the Public Health (Dairy) Regulations is amended—
(a)
by inserting in sub-regulation (1.), after the word "unless", the words " there is legibly embossed on the disc, cap or device used for sealing the container or there is legibly embossed or printed on the container, in eight point lettering, a figure or figures indicating the day of the month of the year on which the cream was placed in the container and "; and
(b) by omitting paragraph (ba) of that sub-regulation.
10. Regulation 19 of the Public Health (Dairy) Regulations is amended by omitting from sub-regulation (5.) the words " O n e p o u n d " and inserting in their stead the words " Five dollars ".
1 1 . Regulation 36 of the Public Heal th (Dairy) Regulations is amended by omitting the words " or milk v e n d o r " (wherever occurring) and inserting in their stead the words " , milk wholesaler or milk retailer ".
12. Regulation 37 of the Public Health (Dairy) Regulations is repealed and the following regulation inserted in its s:ead: —
" 3 7 . — ( 1 . ) A person shall not engage in the carriage or delivery of milk or cream unless the vehicle used by him lor that car r iag j or delivery—
(a) is capable of being effectively and readily cleaned:
(b)
is so constructed and maintained as to protect the milk or cream carried in it from dust, flies, other insects and any other thing that might render the milk or cream unwholesome or injurious to health; and
(c) is kept clean and in good repair.
" (2 . ) A person shall not engage in the carriage or delivery of milk or cream as a milk wholesaler in the course of his business unless the vehicle used by him for that carriage or delivery is so constructed or equipped that the milk or cream carried in it is kept at a temperature of not more than forty degrees Fahrenhei t .
" (3 . ) A person shall not, in the course of the business carried on by him, engage in the carriage or delivery of milk or cream between six o'clock in the morning of a day and six o'clock in the evening of the same day unless—
(a) he is a licensed dairyman engaged in the carriage or delivery of milk or cream in the course of his business; or (b) the vehicle used by him for that carriage or delivery is so constructed o r equipped that the milk or cream carried in it is kept at a tempera ture of not more than fifty deg-ees Fahrenhei t .
" (4.) A person shall not, in the course of the business catr icd on by him, engage in the carriage or delivery of milk or cream unless the vehicle used by him for that carriage or delivery has conspicuously painted, and maintained, on both sides of the vehicle in letters not less than three inches in height—
(a) the name of the person; and
(b) if he is a milk wholesaler, the words ' licensed milk wholesa ler ' , if lie is a milk vendor, the words ' licensed milk vendor ', if he is a milk retailer, the words ' licensed milk retailer ', or, if he is a dairyman,
the words ' licensed dai ryman ', as the case requires.
" (5.) A person shall not use the part of the vehicle used for carrying the milk or cream for the carriage of any substance or thing other than dairy products and fruit juices.
" (6 . ) The last three preceding sub-regulations do not apply to or in relation to a milk retailer who delivers milk or crcuw as pa t of a sale of groceries.".
| 13 . After regulation 44 of the Public Health (Daily) Regulations the following regulation is | inse r ted :— |
" 4 4 A . — ( 1 . ) The occupier of a factory into which imported packaged milk or cream is brought shal l—
(a)
record in writing the time of arrival of the milk or ceam at the factory; and
(b)
record in writing the temperature of the milk or cream on arrival at the factory.
" (2 . ) The occupier of the factory shall keep in the factory, for a period
of three months after the day on which the milk or cream arrived at the factory—
(a) the records referred to in the last preceding sub-section;
(b) records stating the temperature recorded by mechanical device at each stage of the pasteurizing process, the pasteurizer used, the address v. here it was used and the day of pasteurization; and (c) records identifying each batch of milk or cream so brought into the factory.".
14. Regulation 46 of the Public Heal th (Dairy) Regulations is amended by inserting after the word " factory " the words " at which milk is treated ".
15. Regulation 47 of the Public Health (Dairy) Regulations is amended—
(a) by inserting after the word " factory " the words " at which milk is t reated "; and (b) by adding at the end thereof the following sub-regulation: — " (2.) The occupier of a factory shall not store milk or cream elsewhere than in a place so constructed or equipped that the milk or cream is kept at a temperature of not more than forty degrees Fahrenhei t ." .
16. After regulation 48 of the Public Heal th (Dairy) Regulations the follow ing regulation is inserted:—
" 48A . A person shall not install a coin-operated machine or other appliance from which milk or c r e a m may be automatically sold, or sell milk or cream by means of such a machine or appliance, unless—
(a) the machine or appliance is so constructed and maintained as to protect the milk or cream in it from the direct rays of the sun, or from dust, flies or other insects and any other thing that might render the milk or cream unwholesome or injurious to health; (b) the machine or appliance is so located as to be away from fumes or gases that might render the milk or cream unwholesome or injurious to health; (c) the milk or cream at each sale by means of the machine or appliance is contained in a separate scaled container; (d) there forms part of the machine or anpliance a thermometer that shows clearly to persons using the machine or appliance the air temperature of the s 'orage compar tment for the milk or cream, being
a the imometer that is accurate to within four degrees Fahrenhei t ; (e) except during, and thirty minutes after, filling or servicing, the air temperature of that storage compar tment for the milk or cream is kept at a temperature of not more than forty degrees Fahrenhei t ; and ( / ) the name and address of the person who sells milk or cream by means of the machine or appliance is painted in a conspicuous place on the exterior of the machine or appliance in letters not less than three inches in height.".
17. Regulation 51 of the Public Heal th (Dairy) Regulations is amended by omitting the words " or milk vendor " (wherever occurr ing) and inserting in their stead the words ", milk retailer, milk vendor or milk wholesaler ".
18. Regulation 51A of the Public Health (Dairy) Regulations is amended—
(a)
by omitting from sub-regulation (1.) the words ''retail milk dis tributor " and inserting in their stead the words " milk vendor ":
(b) by omitt ing from that sub-regulation the word " r e g i s t e r e d " ; and
(c) by omitting from sub-regulation (2.) the words " retail milk distri
butor " and inserting in their stead the words " m i l k v e n d o r " .
19. Regulation 53 of the Public Health (Dairy) Regulations is amended by omitting from paragraph (e) the figures " 38 " and inserting in their stead the word " forty " .
20. Regulation 54 of the Public Health (Dairy) Regulations is amended—
(a) by omitting the words " bottled or placed in cartons " and inserting in their stead the words " placed in containers "; (b) by omitting paragraph (a) and inserting in its stead the following " (a) a container in a dirty, damaged or obviously offensive con
dition is not filled with milk or c ream; " ;
(c) by omitting from paragraph (b) the words "a dirty, damaged or torn carton, or a carton " and inserting in their stead the words " a container "; (d) by omitting paragraph (c) and inserting in its stead the following " ( c ) milk is not placed in a container except by means of an
approved mechanical filler;";
(p) by omitting from paragraphs id), ye), ( /) and (/;) the words " bottle or c a r t o n " (wherever occurr ing) and inserting in their
stead the word " container ";
( / ) by omitting from paragraph ( / ) the word " c a r t o n " (first occurring) and inserting in its stead the word " container "; and
(g) by omitting from paragraph (/;) the words " bottles or cartons " and inserting in their stead the word " containers ". 21. Regulation 55 of the Public Health (Dairy) Regulations is amended—
(a) by omitting from sub-;egulation (2.) the words "is bottled or placed in c a r t o n s " and inserting in their stead the words " is placed in cans "; and (b) by omitting from sub-regulation (4.) the words " cartons shall ensure that a bottle or carton, as the case may be " and inserting in their stead the words " containers shall ensure that a bottle ".
22 . Regulation 58 of the Public Heal th (Dairy) Regulations is amended by omitting the words " bottles or cartons " and inserting in their stead the word " containers ".
| 2 3 . Regulation 61 of the Public Heal th (Dairy) Regulations is amended by omitt ing the words " bottles or cartons " and inserting in their stead the word |
24. Regulation 63 of the Public Health (Dairy) Regulations is amended—
(a)
by omitting the words " or milk vendor " and inserting in their stead the words " , milk wholesaler, milk retailer, milk vendor or the holder of a Vending Machine Licence granted under section 29
of the Milk Authority Ordinance 1971 "; (b) by omitting from paragraph (c) the words " , factory or milk shop ";
(c) by omitting paragraph (d)\ (d) by adding at the end of paragraph (/;) the word " and "; and
(e) by omitting paragraphs (i) and (/) and inserting in their stead the
following p a r a g r a p h : — " (/) having been produced in the Terr i tory, has not been obtained
from a registered dairy herd.".
25 . Regulation 66 of the Public Heal th (Dairy) Regulations is amended by omitting the words " or milk vendor " (wherever occurring) and inserting in their stead the words " , milk retailer, milk vendor or milk wholesa ler" .
26 . Regulation 67 of the Pubiic Health (Dairy) Regulations is amended by omitting the wcvds " o r milk v e n d o r " (wherever occurr ing) and inserting in their stead the words " , milk retailer, milk vendor or milk wholesaler ".
27. Regulation 78 of the Public Heal th (Dairy) Regulations is repealed and the following regulation inserted in its s t e a d : —
" 7 8 . — ( 1 . ) A milk vendor shall not supply milk or cream in a container unless the conta iner—
(a) has been filled with milk or cream at premises at which a milk wholesaler is authorized by his licence to carry on business; and (b) is supplied to the customer in the sealed state in which it leaves the factory.
" (2 . ) A person shall not sell or supply milk or cream in a container that is dirty or damaged." .
2 8 . Regulations 82 and 83 of the Public Health (Dairy) Regulations are repealed and the following regulations inserted in their s t e a d : —
" 82. A person shall not engage in the retail distribution of milk or cream from a vehicle to houses or flats or both, except between the hour of six o'clock in the evening of one day and the hour of six o'clock in the morning of the next succeeding day.
" 8 3 . — ( 1 . ) A person shall not sell milk after the expiration of three days after the date on which it has been pasteurized.
" (2 . ) A milk retailer shall, from the time any milk is received by him and until the time the milk is sold by him cause the milk to be kept at a temperature not exceeding forty degrees Fahrenhei t ." .
29 . Regulation 84 of the Public Heal th (Dairy) Regulations is repealed.
30. Regulations 85 and 86 of the Public Health (Dairy) Regulations are
repealed and the following regulations inserted in their s t e a d : — " 85. A milk retailer or milk wholesaler shall not cleanse, wash, sterilize, keep or store a container or u'ensil used in connexion with the storage or sale of milk or cream except on the premises at which he is authorized by his licence to carry on business.".
" 86. A person shall not, on a street or in a public place, transfer milk or cream from one container to another container." .
3 1 . Par t VI.\. of the Public Health (Dairy) Regulations is repealed and the following Part inserted in its s tead:—
" P A R T V I A . — S A L E O F M I L K OR O E A M T H A T H A S N O T B E E N P A S T E U R I Z E D .
" 8 6 A . — ( 1 . ) A person shall not sel l— (a) milk unless it is pasteurized milk; or
(b) cream unless it is pasteurized cream.
" (2 . ) The last preceding sub-regulation does not apply to a pe rson—
(a) who is, lor the time being, authorized by notice in writing by the Director-General to sell milk or cream that has not been pasteurized; and (b) who sells milk or cream in accordance with the conditions (if any) specified in the notice.". 32. Regulation 88 of the Public Health (Dairy) Regulations is amended—
(a) by inserting in paragraph (c) of su'o-reguiation (1.), after the word " substance ", the words " , or any appliance or container,"; and {b) by omitting from sub-regulation (2 . ) the words " the proprie tor of a factory, a da i ryman or a milk vendor " and inserting in their stead the words " a dai ryman, milk retailer, milk vendor or milk wholesaler ".
3 3 . Regulation 98 of the Public Heal th (Dairy) Regulations is amended by omitt ing the words " milk vendor, da i ryman or person employed by a milk vendor or da i ryman " and inserting in their stead the words '' dai ryman, milk retailer, milk vendor, milk wholesaler or a person employed by such a person ".
34. Regulation 100 of the Public Health (Dairy) Regulations is amended—
(a) by omitting the words " dairyman or milk vendor " and inserting in their stead the words " dairyman, milk retailer, milk vendor or milk wholesaler "; and (b) by adding at the end thereof the following sub-regula t ion:— " (3.) In a prosecution for an offence against these Regulations, evidence that a substance was represented, or in any way held out, to be milk or cream shall, unless the contrary is proved, be deemed to be evidence that the substance was milk or cream, as the case may be ." .
35. Regulation 104 of the Public Health (Dairy) Regulaions is amended—
(a)
by omitting the words " Fifty pounds " and inserting in their stead the words " One hundred dollars "; and
(b)
by omitting the words " F i v e p o u n d s " and inserting in their stead the words " Ten dollars ".
| 36. The Schedule to the Public Health (Dairy) Regulations is amended by omitting Forms 1, 1A, 2, 2A and 3 and inserting in their stead the following | FORM 1 | Regulation 6. |
AUSTRALIAN CAPITAL TERRITORY
Public Health Ordinance 1928-1966
PUBLIC HEALTH (DAIRY) REGULATIONS
APPLICATION FOR REGISTRATION OF DAIRY A N D FOR LICENCE AS A
D A I R Y M A N
The Director-General of Health:
| I, | , hereby make application for the |
| registration of the dairy situated at | and for a licence |
| as a dairyman and forward herewith the sum of | , being |
| the prescribed fee for the year ending on the thirty-first day of December, 19 |
Signature
Date
FORM 2 Regulation 6. AUSTRALIAN CAPITAL TERRITORY
Public Health Ordinance 1928-1966
PUBLIC HEALTH (DAIRY) REGULATIONS
LICENCE AS A DAIRYMAN
This licence authorizes to carry on the business of
dairyman under and subject to the Public Health Ordinance 1928-1966, and Regulations under that Ordinance, on and after the day of ,
19 , to and including the thirty-first day of December, 19 , unless this licence is sooner cancelled in accordance with those Regulations.
Date
Director-General of Health.
FORM 3 Regulation 6. AUSTRALIAN CAPITAL TERRITORY
Public Health Ordinance 1928-1966
PUBLIC HEALTH (DAIRY) REGULATIONS
CERTIFICATE O F REGISTRATION OF DAIRY
I hereby certify that, in pursuance of the Public Health (Dairy) Regulations, the premises
situated at in the Australian Capital Territory and occupied by have, subject to those Regulations, been registered as a dairy to and including the thirty-first day of December, 19
Date
Director-General of Health.
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