Bread Act 1891 (SA)

ANNO QUINQUAGESIMO QUARTO ET QUINQUA-

GESIMO QUINTO

A.D. 1891.

[Assented to, Decetnber ~ p t h, 1891 .l

HEREAP it is expedient to prevent frauds in the making and m=ble.

sale of bread in South Australia-Be it therefore Enacted

by the Governor of the Province? of South Australia, with the advice and consent of the Legislative Council and House of Assembly of the said province, in this present Parliament assembled, as follows:

1, This Act may be called " The Bread Act, 1891," Title of A C ~.

2, An Ordinance No. 10 of 1845, intituled " An Ordinance to Repeal.

regulate the Salc of Bread in South Australia," is hereby repealed.

3, The expression '' Standard Weight," when used in this Act Interpretation.

in reference to bread, shall mean a loaf of the full weight of one

pound or two pounds, avoirdupois weight.

4, All bread made for sale, or sold, or exposed for sale, shall be Bread for d e to be

made of pure and sound flour or meal of wheat, barley, rye, oats, ,&redi8n~ody.	made of certain
buckwheat, Indian corn, peas, beans, rice, or potatoes, or any of them, and with any common salt, pure water, eggs, milk, barm, leaven, potato or other yeast, and mixed in such proportions ss may be thought fit, and with no other ingredient or matter whatsoever.

5. The several sorts of bread which shall be made for sale, or B=eadtobe well

sold, or exposed for sale, shall be well made and in their several "8de.

and respective degrees according to the quality of the meal or flour

A-630 whereof

54' & 55' VICTORIA?, NO. 530.

The BY-ead A c t. 1 891.

whereof the same ought to be made; and no alum, or mixture in which alum shall be an ingredient, or any other mixture or ingredient whatsoever, other than and except as hereinbefore men- tioned, shall be put into or in anywise used in making bread for

sale, under any color or pretence whatsoever; and every person

who shall offend in the premises shall, on conviction of every such

offence, forfeit and pay my sum not exceeding Ten Pounds.

*

Standard wheaten

bread. 6, All bread made for sale of the flour of wheat, which flour

without any mixture or division shall be the whole produce of the grain, the bran or hull thereof only excepted, and which shall weigh two-third parts of the weight of the wheat whereof it shall be made, shall be called standard wheaten bread.

Household wheaten	7, All wheaten bread made for sale of any meal or flour of an inferior quality to the flour used for standard wheaten bread as hereinbefore directed, shall be called household wheaten bread; and every loaf of such bread shall be marked with a large Roman 13.
bread.

Mixed bread. 8, All bread made for sale wholly or partially of the meal or flour

of any corn or grain other than wheat, or of the meal or flour of any peas, beans, or potatoes, shall be called mixed bread; and every loaf of such bread shall be marked with a largc Roman M.

Penalty for not

marking household Q, Every person who shall makc for sale, or sell or expose for

or mixed bread.	sale, any household wheaten brcad or any mixed bread without being respectively marked as hereinbefore is directed, shall on conviction forfeit and pay a sum not exceeding Forty Shillings.
Bread to be sold by
weight.	10, All bread (other than rolls or French rolls under the weight of four ounces) shall be of standard weight, and in case any seller shall sell or cause to be sold any such bread other than of standard weight, he shall for every such offence forf'eit and pay any sum not exceeding Forty Shillings.
Penaltv on bukors	11, Every seller of bread shall use the avoirdupois weight of time use any other than the avoirdupois weight and the several gradations of the same, he shall for every such offence forfeit and pay any sum not exceeding Five Pounds nor less than Five Shil- lings.

using i n y other than sixteen ounces to the pound.

the avoirdupois	If any such seller shall at any
weight.
Bakers to provide in

their shops beams, 12, Every seller of bread shall cause to be fixed in some con-

raightB, spicuous part of his shop Gn or mar the counter a beam and scales

$0. with mower wciehts, or other sufficient balance. in order that all V ,

breadLth&e sold may frorn time to time be weighed in the presence of the buyer thereof, except as aforesaid. And in case any such seller shall neglect to fix such beam and scales or other sufficient balmce in manner aforesaid, or shall have or use any incorrect or false beam, scales, balance, or weight, then and in every such case he shall for every such offence forfeit and pay any sum not exceeding Five

Pounds, 13. Every

5 4 O & 55' VICTORIAZ, No. 530.

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The Bread A c t. 1 8 9 1.

13, Every seller of bread, and every journeyman, driver, servant,

Pmona dehvering by

cart, &C., to b e

or other person cmployed by such seller of bread, who shall	beams, scales, and.
carry out bread for sale or delivery, shall constantly carry a correct	weights, &c.
beam and scales with proper weights or other sufficient balance in order that all bread sold or delivered by every such seller, journey- man, driver, servant, or other person may from time to time and when thereunto required by the buyer or his servant be weighed in his presence. And if any such sellcr, journeyman, driver, servant, or other person shall at any time carry outw and deliver any bread without being provided with such beam and scales with proper weights or other sufficient balance, or shall carry any incorrect or false beam, scales, balance, or weight. or shall at any time refuse to weigh any bread purchased or delivered in the presence of the person buying or receiving the same, then and in every such case every such seller, j ourneyinan, driver, servant, or other person shall for every such offence forfeit arid pay any sum not exceeding Five Pounds.

14, Any person who shall sell or suffer to be sold to any baker	Selling b m d made of
unwholesome flour,

or confectioner impure, uusound, or unwholesome flour, and any

&c.

baker or i:onfectioner who shall wilfully or knowingly have upon the premises used by him as such baker or confectioner any such flour, or who shall sell or offer to sell any bread or dough for bread or biscuit, or confectionery containing any such flour, shall on con- viction forfeit and pay any sum not exceeding Twenty Pounds; and, upon conviction, such bread, dough, biscuit, confectionery, or flour shall be liable to be seized, confiscated, and destroyed.

15, If any person shall put into any corn, meal, or flour, which

Penalty for adul-

terating meal or flour,

shall be ground, dressed, bolted, or manufactured for sale, either at	or selling flour of one
thc time of grinding, dressing, bolting, or manufacturing the same,	sort of corn as the
or at any other time, any iugredient or mixture whatever, not	flour of another.
being the produce of the corn or grain which shall be so ground, or if any person shall knowingly sell or offer for sale, either separately or mixed, any meal or flour of one sort of corn or grain as the meal or flour of any other sort of corn or grain, or any ingredient
whatsoever mixed with the meal or flour so sold or offered or exposed	for sale, then and iu every such case every person so offending shall,
on conviction, forfeit and pay for every such offence any sum not exceeding Twcnty Pounds: Provided that nothing herein contained shall apply to any ingredient, article, or material employed or used for cleansing or pres"erving such corn or grain from smut or other discase, weevil, or otlm insect or impurity, so as every such ingredient, article, or material so employed or used be carefully and effectually removed from such corn or grain before the same shall be ground.

constable authorised by any warrant under the hand of a Justice, may be searched. 16. I t shall be lawful for any Justice of the Peace, and for any Bakers' shops, h,,

and for any sanitary or other inspector duly appointed by the mayor and council of any municipality, or the chairman and council of any district council, at any time in the daytime to enter any house, mill, shop, stall, bakehouse, bolting-house, pastry-ware-

house

54' & 55" VICTORIE, No. 530.

The Bread Act. - 189 1.

house, outhouse, or ground of or belonging to any miller, meal- man, baker, confectioner, or other person who shall grind grain, or dress or bolt meal or flour, or make bread or confectionery for reward or sale; and to search for any mixture or ingredient, not the genuine produce of the grain, such mcal or flour shall import or ought to be, which may have been mixed up with or put into any mcal or flour in the possession of such miller, mealman, baker, or con- fectioner, either in the grinding of any grain a t the mill or in the dressing, bolting, or manufacturing thereof.

Adulterated meal,

fiour, &C., may be 17. If upon any such search and examination it shall appear that

qaized. any such meal, flour, dough, or bread so found shall have been so adulterated, or if any mixture or ingledient shall be found upon the premises which shall appear to be kept there in order to be used in the adulteration of meal, flour, or bread, then and in every such case it shall be lawful for every such Justice of the Peace, or constable authorised as aforesaid, or $or any sanitary inspector or other inspec- tor, to seize and take any such meal, flour, dough, bread, ingredients, and mixtures, to be dealt with as hereinafter provided.

Penalty for having	18. Every miller, mealman, baker, or confectioner, in whose
in@diQntB

adulteration for of bread. house, mill, shop, stall, bakehoose, bolting-house, pastry-warehouse,

outhouse, ground, or possession, any mcal, flour, dough, or bread, adulterated with any mixt~lre or ingredient other than allowed by this Act, or who shall have upon his premises any ingredient or mixture which shall, after due examination, be adjudged by a Special Magistrate or two or more Justices of the Peace to have been deposited there for the purpose of adulteration, shall, on conviction, forfeit and pay for every sic11 offence m y sum not exceeding Forty Shillings for the first offence, Five Pounds for the second offence, and Ten Pounds for every subsequent offence; and on any such conviction such meal, flour, dough, bread, mixture, or ingredient, may be ordered to be destroyed, or otherwise dealt with as such Magistrate or Justices may thidk fit.

P~nalty for obstruct- 19, If any person shall wilfully obstruct or hinder any such

ing search.	search as hereinbefore is authorised to be made, or the seizure of any meal, flour, dough, or brcad, or of any ingredient or mixture which shall be found on any such search and shall be deemed to have been kcpt with intent to adulterate any meal, flour, dough, or bread, the person so offending shall, on conviction of every such offence, forfeit and pay any sum not exceeding Ten Pounrls.
penalties.

Appropriation of 2( l. All moneys received for penalties imposed for ofinces against

this.	Ict shall Be paid to the Treasurer on behalf of Her Majesty,
Her	leirs and successors, for the public uses of the said province, and
in sl	pport of the Government thereof, except moneys received in
respf	:t of any offence or breach of thc Act committed within the
limit	l of any Corporation or District Council, in which case the same

. shall bc paid over to the Corporation or District Council within

W hos	: limits such offence was committed, for the use of the said
corp	nation or District Council, 21. No

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The Bread A c t. 1 8 9 1,

21. No information for the recovery of any ~enalty, or rosec cut ion Time +thin which

for any offence against the provisions of this Act, shall be commenced (lOmmend,

proceehge may be

or prosecuted unless within one month from the date of the happen-

ing of the cause of action.

22. All proceedings for thc recovery of any pccuniary penalty summary pmceaure.

by this Act imposed for any omissions, defaults, acts, or offences shall be had and taken, and may be heard and determined in a summary way, by any Special Magistrate or two Justices of the Peace of the said province, under the provisions of Act No. 6 of 1850, " The Justices ' Procedure Amendment Act, 1883-4," or of any other Act for the time being in force relating to the duties of Justices of the Peace with respect to summary convictions and orders, and all convictions and orders may be enforced as in such Act is or shall be provided; and the Special Magistrate or Justices of the Peace may' also, in case any penalty is Lposed, order the defendant, in default of payment thereof, to be imprisoned, with or without hard labor, for any period not exceeding six months.

23, There shall be an appeal from any conviction by any Special * P P ~.

Magistrate or Justices for any offence against this Act, or from any order dismissing any information or complaint, which appeal shall be to the Local Court of Full Jurisdiction nearest to the piace where such conviction or order was made, and the proceedings on such appeal shall be conducted in manner provided for appeals to Local Courts by the said Act, No. 6 of 1850, or any Act for the time being in force regulating such appeals; and the Local Court hearing such appeal may make such order as to the payment of the costs of appeal as i t shall think fit, although such costs may exceed Ten Pounds.

24, This Act shall come into force and take effect from a day to Commencement.

be fixed by the Governor by Proclamation in the Government Gazette.

In the name and on behalf of Her Majesty, I hereby assent to

this Bill.

KINTORE, Governor.

SCHEDULE

54' & 55O VICTORIW, No. 530.

The Bread A c t. 1 8 9 1.

SCHEDULE,

Section 2.

Date of Aat. Title of Act.

No. 10 of 1646. An Ordinance to regulate the sale of The whole.

Bread in South Australia.

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Adelaide : By authority, C. E. BILIBTQW, Government Printer, Nmth4wmce,