Dairies Supervision Act (1886 No 22a) (NSW)

No. XVII

An Act to establish Sani tary Regula t ions in

respect of the Product ion and Distr ibut ion

of Milk. [30*7* September, 1886,]

BE i t enacted by t h e Queen ' s Mos t Exce l l en t t h e advice and consent of t he Legislat ive Council and Legis la t ive

Majesty by a n d wi th

Assembly of N e w South W a l e s in P a r l i a m e n t assembled and by the

au thor i ty of t he same as follows :—

1. This A c t m a y be cited for all purposes as t h e " Dair ies

Supervision A c t " I t shall come into force in t he Met ropol i t an Police

Distr ic t as defined in t h e Schedule on t h e passing thereof Provided

t h a t t h e Governor shal l by proclamat ion in t he Gazette have power from t ime to t ime to ex tend its provisions to any other port ions of th i s Colony described in such proclamat ion from such dates respectively as shal l be there in named .

2. Subject to t h e provisions hereinaf ter conta ined the local

author i t ies	charged	w i t h	t he admin is t ra t ion	of th is A c t	shall be	as
fol low—

(i) W i t h i n t h e boundar ies of t h e City of Sydney t h e Munic ipa l

Council of t h a t ci ty

(m)

( n ) W i t h i n t h e l imits of a n y o ther Munic ipa l i ty or por t ion

thereof t he Council thereof

( i n ) I n any place where the re shall be no Munic ipa l i ty t h e Police Magis t ra te or senior Police Officer of t h e police district in which such place is s i tuate

A n d in each case t h e l imits w i th in which such Mun ic ipa l Counci l or

Police Magis t ra te shall respectively have au tho r i t y as	aforesaid shall
cons t i tu te a distr ict for t he purposes of th i s	Ac t .

3. I t shall be t h e d u t y of t h e local au thor i ty in each such

dis t r ic t—

(i)   To keep a register of the names and addresses of all dairymen and milk-vendors selling or supply ing mi lk wi th in the i r respect ive distr icts and of all dairy-premises and milk-s tores used from t i m e to t ime b y each of t h e m for t h e product ion

deposit or d is t r ibut ion of such milk .
(n)	To strike off such register the names and addresses of all

persons who shall have ceased or become disqualified as hereinafter provided to carry on the business of da i rymen or

mi lk-vendors .

(iii)  To keep such register open at all reasonable times for inspection by the Board of Health or its officers and to furnish any extracts from the same that it may require.

(iv)    TO inspect all such dairy-premises and milk-stores and the

cattle appliances and utensils therein used for the production or distribution of milk at the times prescribed in any regu­ lations for the time being in force under this Act and to enter the date and result of every such inspection in the register.

(v)  To furnish in the month of January of each year to the Board of Health a report of their or his proceedings under this Act during the preceding twelve months in such form as may be prescribed by any regulation for the time being in force under this Act.

4. The local authority in each such district shall have the

following powers in addition to any other powers in this Act conferred
viz.—

(i)    To enter or authorize the entry at all resonable times into or upon any dairy-premises or milk-store for the purpose of making any inspection by this Act authorized to take away samples of the milk there found and of the water of any well or other source of water supply therein or thereon for the purpose of examination or analysis only.

( I I )    To require any dairyman or milk-vendor by notice in writing to cleanse and maintain in a sanitary condition his dairy-premises or milk-store and any utensils therein used as aforesaid.

(iii) To require any dairyman; or milk-vendor by notice in writing after the consent of the Board of Health shall have been obtained for that purpose to close any well or other source of water supply in or on his dairy-premises or milk- store or used in connection therewith which is so polluted or unwholesome as to be unfit for human consumption and to

wholly discontinue the use of the water thereof for any

purposes whatsoever for such period as the said Board shall direct or to till up the said well or source of water supply and keep the same so filled up.

(iv)  TO refuse or cancel the registration of any dairyman or milk-vendor in respect of any dairy-premises or milk-store which is in an unsanitary condition or in which the provisions

for lighting ventilation drainage lavatory and privy accom­
modation or water supply are not such as are necessary for health or for the cleanliness of the appliances and utensils
used therein or for the protection of any milk therein against
infection or contamination.

5. Every dairyman and milk-vendor engaged in the sale or supply of milk in any district at the time of this Act coming in force therein shall within three months of such time and every dairyman and milk-vendor thereafter commencing to engage in such sale or supply shall before so commencing apply to the persons or person hereinbefore authorized in that behalf to cause to be entered on the register for that district his name and place of residence and the locality of every dairy-premises and milk-store used or to be used by him and thenceforward from time to time any change of such residence or discontinuance by him to use any former or commencement by him to use any other dairy-premises or milk-store and immediately upon such registration and whilst the same continues in force shall in some conspicuous place affix to and maintain upon every dairy-premises or milk-store in respect of which he is so registered and to and upon every cart or other vehicle used by him for the distribution of milk in legible letters his name and the words "registered dairyman" or
" registered milk-vendor" as the case may be.

6. I t shall no t he lawful for any person to sell or supply mi lk in a n y distr ict if his n a m e and place of residence and every dairy- premises and milk-s tore used for the purpose of t he product ion deposit or d is t r ibut ion of a n y such mi lk are no t entered u p o n t h e regis ter for

t h a t dis t r ic t Provided t h a t persons engaged in t he sale or supply of

mi lk in any distr ict a t t h e t ime	of th is A c t coming in to force the re in
shall no t be affected by the provisions of th is section u n t i l after	t he

lapse of th ree m o n t h s from such t ime .

7. On the appearance of a n y case of infectious disease in any dairy-premises or milk-store w i th in a district t he householder or occupier or if the re be no such householder or occupier t he owner of such premises or store and also t he medical p rac t i t ioner a t t end ing t h e case shall immedia te ly repor t in wr i t i ng such case to t h e proper au thor i t ies in m a n n e r following t h a t is to say if t h e case occur wi th in t h e City of Sydney t h e n t h e reports of t h e case shall be delivered to t he officer in charge a t t h e neares t or a n y police s tat ion wi th in such distr ict or to t h e Secretary of t h e Board of H e a l t h and if t h e case occur beyond t h e City of Sydney t h e n the reports shall be delivered to t h e neares t Officer of Pol ice Clerk of P e t t v Sessions or to t h e Gove rnmen t Medica l Officer of t h e distr ict wi th in which the case has occured.

8. W h e n e v e r i t shall appear to a local au thor i ty or be certified

to such au tho r i t y b y two legal ly qualified medical prac t i t ioners t h a t

t h e spread of infectious disease is in the i r opinion a t t r ibu tab le to t h e

m i l k supplied by a n y da i ryman or mi lk-vendor t he local au thor i ty

m a y requ i re such da i ryman or mi lk-vendor to furnish for thwi th upon demand a full and complete list of t h e names and addresses of all his cus tomers and to give such assistance to discover t he residence of all or a n y of t h e m as t h e au thor i ty m a k i n g the inqu i ry may deem necessary and every such da i ryman or mi lk-vendor shall for t he purposes of such i nqu i ry only be deemed to be wi th in t h e district of the au thor i ty m a k i n g the i n q u i r y whe the r he is ac tua l ly res ident wi th in the i r dis tr ict or wi th in some other proclaimed distr ict or outside any proclaimed distr ict .

9. N o person wi th in any distr ict following t h e t rade of a dairy- fa rmer cowkeeper d a i r y m a n or purveyor of mi lk or be ing the occupier of a milk-s tore or mi lk-shop shall knowing ly allow any person suffering from an infect ious disease or h a v i n g recent ly been exposed to infection f rom a person so suffering to m i l k cows or to hand le vessels used for con ta in ing mi lk or in any way to t a k e p a r t or to assist in t h e

conduct of t he t r ade or business of t he dai ry-farmer cowkeeper dairy­
m a n or purveyor of mi lk or occupier of a n y milk-s tore or mi lk-shop

as far as regards t he p roduc t ion dis t r ibut ion or storage of mi lk u n t i l

h e shal l have shown to t he satisfaction of t he local au thor i ty t h a t all danger of communica t ion of infection to t h e mi lk or of i t s con tamina­ t ion has ceased.

10.    I t shall no t be lawful in a n y dis t r ic t for a n y person to store

keep or deposit any mi lk in any room used for sleeping or dwel l ing in or in a n y o ther place or way calcula ted to render such mi lk u n ­ wholesome or injurious to hea l th or to sell or supply any mi lk which shal l have been produced from any diseased an imal or which shal l have been in any place or way exposed to infection from any person suffering from any infectious disease or which shall have been u p o n or in a n y dairy-premises or milk-s tore from which t h e sale of mi lk has been directed to be discont inued on account of infectious disease as provided in section four of this Ac t .

1 1 . E v e r y person who shall wilfully disobey or act in violation

of a n y of t h e provisions conta ined in ei ther of t h e last six p reced ing sections or shal l resist or wilfully obs t ruc t any person in t he laAvful exercise of anv of t he powers conferred unde r section four of t h i s

A c t

Act or shall w i t h o u t lawful excuse neglect or disobey any requi re ­ m e n t made unde r t h e provisions of section four hereof or shall neglect or refuse to obey any order or direct ion of t he Board of H e a l t h or any local au thor i ty made under t h e said section wi th in t h e t ime l imited in t h a t behalf by such order or direction such person shall for every such offence be l iable to a pena l ty no t exceeding t w e n t y pounds .

12. The Governor on t h e recommendat ion of Board of H e a l t h

shall as soon as pract icable after t h e pass ing of th i s A c t declare w h a t

are infect ious diseases for t he purposes of this A c t and m a y	thereaf ter
from t ime to t ime add to a l ter or a m e n d such declarat ion as m a y	seem

necessary or advisable A n d the Board of H e a l t h shall for thwith furnish a copy of each such declara t ion and of each such addit ion

a l te ra t ion or a m e n d m e n t to every local au thor i ty .

13 . Al l informations for offences agains t th i s A c t m a y be heard
and de te rmined and all penal t ies under th is A c t may be imposed by

any St ipendiary or Police Mag i s t r a t e in a s u m m a r y way on t h e com­

pla in t of any local au tho r i t y or officer thereof Provided t h a t where

such local au thor i ty shall be a Police Magis t ra te any two Jus t ices b u t

no t such Police Magis t r a t e shal l have jur isdict ion to adjudicate upon

t h e h e a r i n g of such compla in t Provided a lways t h a t a n y person aggrieved by any adjudication of such Magis t ra te or Jus t i ces m a y appeal theref rom to t he n e x t Cour t of Genera l Sessions held w i th in t he district where the adjudicat ion Avas had or neares t the re to A n d such appeal and the par t ies thereto shall be governed by the provisions r egu la t i ng appeals contained in sections four hundred a n d for ty—four

h u n d r e d and for ty-one—four hundred andfo r ty - two—and four h u n d r e d

a n d for ty- three of t h e " Cr iminal L a w A m e n d m e n t Ac t of 1883 " Provided fur ther t h a t in all cases where t he local au thor i ty is a M u n i ­ cipality t he fine shall be paid to t he Munic ipa l i ty where in t he offence

is commit ted .

14. The Board of H e a l t h shall have power to requi re t h e local

au thor i ty in any distr ict to proceed wi th t he execut ion of a n y power conferred or t h e performance of any d u t y imposed by this A c t wi th in t h e said distr ict and wi th in tin; t ime l imited by the Board in t h a t behalf and in case such r equ i remen t shal l w i thou t lawful excuse be neglected or disobeyed it shall be lawful for t he said Board itself to execute t he said power or per form the said d u t y and to recover in an action of debt in any Cour t of competen t jur isdict ion t he expenses the reby incur red toge ther

w i th t he costs of such act ion agains t t he au tho r i t y or person	so
neglec t ing or disobeying.

15. I t shal l be lawful for the Governer upon t h e recommen­

dat ion of the Board of H e a l t h to issue from t ime to t ime regula t ions

subject to t h e provisions of th i s A c t for t h e	purpose	of ca r ry ing	the
same into effect.

16. The following expressions in inver ted commas w h e n occur-
ing in this A c t or any regula t ion the reunder shall for t he purposes

thereof bear t h e mean ings hereinaf ter respectively assigned to t h e m

unless inconsis tent wi th t h e con tex t viz .—

" The G o v e r n o r " — T h e Governor wi th t he advice of t h e Execu t i ve

Counci l .

" Board of H e a l t h " — T h e Board of H e a l t h as cons t i tu ted unde r t he

au thor i ty of t he " I n f e c t i o u s Disease Supervision Act 1 5 8 1 . "

" D i s t r i c t " — A n y Dis t r ic t const i tu ted unde r the au thor i ty of th i s

A c t for t h e purposes thereof.

" Da i ry -p remises"—Any bui ld ing shed land or place used for the

s tal l ing grazing feeding or mi lk ing of ca t t le for t h e purpose of p roduc ing mi lk to be sold or supplied or any bu i ld ing or place used for the purpose of deposi t ing or s tor ing mi lk w h e n so produced.

" Milk-

" Mi lk - s to r e "—Any bui lding shed or stall used for t he purpose of

depositing s tor ing or exposing mi lk for t he purpose of sell ing

or disposing thereof.

" D a i r y m a n " — T h e Occupier of any dairy-premises as herein­

before defined or any person engaged in t he product ion of
mi lk for sale or supply for profit to other persons.

" Mi lk -vendor"—The Occupier of any milk-s tore as hereinbefore defined or any person engaged in t he storage or d is t r ibut ion of mi lk for sale or supply to o ther persons.

" R e g i s t e r " — T h e regis ter	of	da i rymen	and	milk-vendors and of
dairy-premises and	milk-s tores	k e p t	unde r	t he au thor i ty of

this Act .

S C H E D U L E .

The nor th-cas t port ion of the county of Cumber land bounded on the nor th by the H a w k e s b u r y River from the sea a t B r o k e n Bay to Cowan Creek on the west by t he

wes te rn boundar ies of the parishes of B r o k e n Bay and Gordon to L a n e Cove by L a n e Cove to the Bar rama t t a River bv t h a t river upward and by the western boundaries of the par ishes of Concord and Sa in t George to George ' s River on the south by t h a t river and the south shore of Botany Bay to Capo Solander on t he ettst by the sea to Broken Bay aforesaid including all the islands in t h e H a r b o u r of P o r t Jackson and the Bar ramat ta River .