Dairies Supervision Act 1901 (NSW)
Act No. 46, 1901.
An Act to consolidate enac tments regu la t ing the product ion, manufacture, and distr ibu t ion of milk, cream, but ter , and cheese. [8th November, 1901.]
| Assembly of N e w Sou th "Wales in Pa r l i amen t assembled, and by the t he advice and consent of the Legislat ive Council and Legislat ive au thor i ty of t h e same, as follows :— | BE it enacted, by t he K ing ' s Most Exce l l en t Majesty, by and with | |
| 1. (1) This Ac t may be cited for all purposes as the " Dairies Supervis ion Act , 1 9 0 1 , " and shall be in force in the met ropol i tan police distr ict , as defined in t he Second Schedule, and to any other port ions of N e w South W a l e s to which the appl icat ion of the Dair ies Super | ||
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| (2) The Governor m a y by proc lamat ion in t he Gazet te ex tend the provisions of th is Act to any o ther por t ions of N e w South Wales described in such proclamat ion as from the da te there in named. 2. (1) The several enac tmen t s ment ioned in t he First Schedule | ||
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(2)
(2) Al l local au thor i t ies a n d distr icts duly const i tu ted, and
all persons appoin ted by v i r tue of t he provisions of a n y A c t he reby repealed, and exis t ing or holding office as t h e case m a y he a t the commencemen t of this Act , shal l be deemed to have been cons t i tu ted or appointed hereunder .
(3) Al l rules of Cour t and regula t ions m a d e unde r the
au thor i ty of any Ac t hereby repealed, and be ing in force a t t he commencemen t of this Act , shal l be deemed to have been made under
t h e au thor i ty of th i s Act . (4) Any regis trat ion du ly effected under the provisions of any A c t hereby repealed, and in force a t t he commencemen t of th is Ac t , shall for t he purposes of this A c t be deemed to have been made here under .
(5) Al l proc lamat ions and declarat ions made under t he au tho r i t y of e i ther of t he Ac t s hereby repealed and in force at t he commencemen t of this Ac t shal l have the same force and effect as if t he said Acts had not been repealed.
3. I n this Act or any regula t ion the reunder t he following
expressions shall , if not inconsis tent w i th t h e subjec t -mat te r or contex t ,have t he respective meanings hereby assigned to t hem, t h a t is to say :—
" Board of hea l th " — T h e board of hea l th as cons t i tu ted unde r the au thor i ty of t h e Infec t ious Diseases Supervision Act , 1881 .
" D a i r y - p r e m i s e s " — A n y bui lding, shed, land or place used for t h e s ta l l ing, graz ing , feeding or mi lk ing of ca t t le for t he purpose of p roduc ing mi lk or c ream to be sold or supplied for profit, or a n y bu i ld ing or place used for t h e purpose of deposi t ing or s tor ing mi lk or c ream w h e n so produced.
" D a i r y m a n " — T h e occupier of a n y dairy-premises as hereinbefore defined, or any person engaged in t h e product ion of mi lk or c ream or in t h e m a n u f a c t u r e of b u t t e r or cheese for sale or supply for profit.
" Dis t r ic t " — A n y distr ict cons t i tu ted unde r t he au thor i ty of th is
A c t for t he purposes thereof.
" Fac to ry " — A n y bui lding, shed, or place used in connect ion wi th t h e m a n u f a c t u r e of b u t t e r or cheese for sale or supply for profit.
" Milk-s tore " — A n y bui ld ing , shed or s tal l used for t h e purpose of deposi t ing, s toring, or exposing mi lk or c r eam for t h e
purpose of selling or disposing thereof.
" M i l k - v e n d o r " — T h e occupier of any mi lk-s tore as hereinbefore
defined, or any person engaged in t he s torage or d is t r ibut ion of mi lk or c ream for sale or supply for profit.
" R e g i s t e r " — T h e regis ter of da i rymen, milk-vendors , and o ther persons, and of dairy-premises , mi lk-s tores , and factories,
kep t u n d e r t h e a u t h o r i t y of th i s Ac t .
| 4. Subject to t he provisions hereinaf ter contained, t h e local au thor i t ies charged with t he adminis t ra t ion of | this A c t shall he as |
| fo l lows: — |
(1) W i t h i n t h e boundaries of t he city of Sydney, the munic ipa l council of t h a t city.
(2) W i t h i n t he l imits of any other munic ipa l i ty or port ion thereof, t he council thereof.
(3) In any place where there is no munic ipa l i ty the police magis
t r a te or senior police officer of t he police; distr ict in which such
place is s i tuate .
And in each case t h e l imits wi thin which munic ipa l council or police mag i s t r a t e respectively have au thor i ty as aforesaid shall cons t i tu te a distr ict for t he purposes of th i s Act .
5. I t shall be the du ty of t he local au thor i ty in each such
dis t r ic t—
(1) To keep a register of the names and addresses of all da i rymen and mi lk-vendors sell ing or supply ing mi lk or c ream, or m a n u f a c t u r i n g b u t t e r or cheese wi th in such district, and of all dairy-premises , milk-stores, and factories used by each of t hem.
(2) To s tr ike off such regis ter t h e names and addresses of all persons who have ceased or become disqualified as hereinafter provided to carry on the business of da i rymen or milk- vendors.(3) To keep such regis ter open a t all reasonable t imes for inspec t ion by t h e board of hea l th or i ts officers, a n d to furnish any ex t rac t s from the same t h a t such board or i ts officers m a y requ i re .
(4) To inspect all such dairy-premises , milk-stores , and factories, and the cat t le , appl iances , a n d utensi ls there in used for t he product ion or d is t r ibut ion of milk or cream, or t he manufac t u r e of b u t t e r and cheese, a t t he t imes prescribed in any
regula t ions u n d e r th is Act , and to enter the da te and result of every such inspection in t he register .
(5) To furnish in t he m o n t h of J a n u a r y each year to t he board of hea l th a report of their or his proceedings under this A c t dur ing t h e preceding twelve mon ths in t he form prescribed by any regula t ion under this Act .
6. The local au thor i ty in each such distr ict shall have the following powers in addi t ion to any o ther powers in th is Act conferred, v iz .—
(1)
To enter or author ise t he en t ry a t all reasonable t imes in to or upon any such dairy-premises, milk-s tore , or factory for t he purpose of m a k i n g any inspection by th is A c t authorised, and to t ake away samples of t h e milk or cream, b u t t e r or cheese,
2 B the re t he re found, and of t he wa te r of any well or o ther source of water supply therein or thereon, for the purpose of examina t ion or analysis only.
(2) To requi re any da i ryman or mi lk-vendor , by notice in wr i t ing , to cleanse and main ta in in a sani tary condit ion his dairy- premises, mi lk-s tore , or factory, and any utensi ls there in used as aforesaid. (3) W i t h t he consent of the board of hea l th and by notice in wr i t i ng to require any da i ryman or mi lk-vendor to close any well or o ther source of water supplied in or on his dairy- premises, mi lk-s tore , or factory, or used in connect ion the re wi th , which is so pol luted or unwholesome as to be unfit for h u m a n consumpt ion , and to wholly discont inue t he use of t he wa te r thereof for any purposes whatsoever for such period as t he said board shall direct , or to fill u p t he said well or source of wa te r supply and keep the same so filled up .
(4)
To refuse or cancel t he regis t ra t ion of any d a i r y m a n or milk- vendor in respect of any dairy-premises , milk-s tore , or factory which are in an insani tary condit ion or in which the pro visions for l igh t ing , vent i la t ion, d ra inage , lavatory and pr ivy accommodat ion or water supply are no t such as arc necessary for hea l th or for the cleanliness of the appl iances and utensi ls used there in , or for the protect ion of any milk, c ream, bu t te r ,
or cheese there in aga ins t infection or con tamina t ion .
7. (1) Eve ry da i ryman or mi lk-vendor shall, before commenc ing
to engage in t h e sale, supply, or m a n u f a c t u r e of mi lk , cream, bu t t e r , or
cheese in a n y district , apply to t h e persons here inbefore au thor ised in t h a t behalf to cause to be entered on the regis ter for t h a t dis tr ict his n a m e a n d address and the locality of every dairy-premises , milk-s tore , or factory to be used by h im, and thenceforward any -change of such address or d iscont inuance by h im to use any former or commencemen t b y h i m to use any other dairy-premises, mi lk-s tore , or factory, and immedia te ly u p o n such regis t ra t ion, and whi ls t t he same cont inues in force, shall in some conspicuous place affix to a n d ma in t a in upon every dairy-premises, mi lk-s tore , or factory in respect of which he is so registered, and to and upon every car t or other vehicle used by h im for t he dis t r ibut ion of mi lk , cream, bu t te r , or cheese in legible le t te rs his
n a m e and the words " reg is te red d a i r y m a n " or " reg i s te red mi lk -vendor , " as the case may be.
(2) Such regis t ra t ion shal l be m a d e annua l ly , and shal l have
effect un t i l the thir ty-f irs t day of December in t h e year in respect of
which t h e regis t ra t ion was made . 8. I t shall not be lawful for any person to sell or supply for
profit m i lk or c ream, or to m a n u f a c t u r e for sale or for supply for profit
cheese
cheese or b u t t e r in any distr ict if his n a m e and address, and the locali ty of every dairy-premises, milk-store, or factory, used by h im are not entered upon the register for t ha t distr ict .
9. On the appearance of any case of infectious disease in any dairy-premises, mi lk-s tore , or factory within a district , t he householder or occupier, or if the re be no such householder or occupier, t h e owner of such premises , store, or factory, and also the medical pract i t ioner a t t end ing the case, shall immedia te ly report in wr i t ing such case to the proper author i t ies in m a n n e r fo l lowing : t h a t is to say, if t he case; occur wi th in t he city of Sydney then the repor ts of the case shall be delivered to t he officer in charge a t the neares t police station wi thin such distr ict or to the secre tary of the board of heal th , and if (he cast- occur beyond the city of Sydney then the reports shall be delivered to t h e neares t officer of police, clerk of pe t ty sessions, or to the G o v e r n m e n t medical officer of t he district wi thin which the case has occurred.
10. W h e n e v e r it appears to a local au thor i ty , or is certified to
such au thor i ty by two legally qualified medical pract i t ioners , t h a t t he spread of infectious disease is in the i r opinion a t t r ibu tab le to the mi lk suppl ied by any da i ryman or milk-vendor , t h e local au thor i ty may requ i re such da i ryman or mi lk-vendor to furnish fo r thwi th a full and comple te list of t he names and addresses of all his customers , and to give such assistance to discover the residence of all or any of t h e m as t he au thor i ty m a k i n g the inqui ry may deem necessary, and every such da i ryman or mi lk-vendor shal l comply with every such r equ i r emen t
| w h e t h e r | ac tua l ly | resident | the re | or | not . |
11. N o da i ryman or mi lk-vendor shall knowing ly allow any person suffering from any infectious disease or hav ing recent ly been exposed to infection from a person so suffering, to mi lk cows or to hand le vessels used for con ta in ing milk, cream, bu t te r , or cheese, or in any way to t ake par t or to assist in the conduct of t he t rade or business of such da i ryman or mi lk-vendor as far as regards t he
product ion , dis t r ibut ion, or s torage of milk, cream, bu t te r , or cheese
un t i l he has shown to the satisfaction of t he local au thor i ty t h a t all
danger of communica t ion of infection to the milk, cream, bu t te r , or
cheese or of i ts con tamina t ion has ceased.
12. I t shall no t be lawful in any distr ict for any da i ryman, or mi lk-vendor to store, keep, or deposit any milk , cream, but ter , or cheese in any room used for sleeping or dwel l ing in or in any other place or way calcula ted to render such milk, cream, bu t t e r , or cheese unwholesome or injur ious to hea l th or to sell or supply any mi lk , cream, but ter , or cheese which has been produced from any diseased an imal or which has been in any place or way exposed to infection from any person suffering from any infectious disease or which has been upon or in any dairy-premises, milk-store, or factory in respect of w h i c h the regis t ra t ion has been cancelled unde r section six of th is
| Act . | 13. |
13. Eve ry person w h o —
(a)
wilfully disobeys or acts in violation of any of the provisions contained in any of t he las t six preceding sections ; or
(b)
resists or wilfully obstructs any person in the lawful exercise of any of t he powers conferred unde r section six of th is
A c t ; or (c)
without lawful excuse neglects or disobeys any requirement made under the provisions of section six hereof ; or
(d)
neglects or refuses to obey any order or direction of the board of hea l th or any local au tho r i t y m a d e unde r the said section wi th in t h e t ime l imited in t h a t behalf by such order or, direction ;
shal l for every such offence be liable to a pena l ty not exceeding
t w e n t y pounds .
14. The Governor , on the recommenda t ion of t he board of hea l th , m a y from t ime to t ime declare w h a t are infectious diseases for t he purposes of th is Act , and m a y add to, a l ter , or amend such declara t ion or any declarat ion m a d e under a n y Act hereby repealed as m a y seem necessary or advisable. A n d t h e board of hea l th shall for thwi th furnish a copy of each such declara t ion a n d 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 .
15. A l l offences aga ins t th i s A c t m a y be prosecuted on t h e
complaint of any local au thor i ty or officer thereof.
W h e r e such local au tho r i t y is a police magis t ra te he shall not
adjudicate u p o n the hea r ing of such complaint . I n all cases where the local au thor i ty is a munic ipa l i ty t he fine shal l be paid to t h e munic ipa l i ty where in t h e offence is commit ted . 16. The board of hea l th shall have power to requi re t h e local au thor i ty in any district to proceed wi th t he execu t ion of any power conferred or t h e performance of any d u t y imposed by this Ac t wi th in t he said district and wi th in t h e t ime l imited by the board in t h a t behalf,
and in case such r equ i r emen t is, wi thou t lawful excuse, neglec ted or
t h e said du ty , and recover in a n act ion of debt in any Cour t of com disobeyed, t he said board m a y itself execu te the said power or perform pe ten t jur i sd ic t ion t he expenses the reby incur red , toge the r w i th t he
costs of such ac t ion agains t t he au tho r i t y or person so neg lec t ing or disobeying. 17. (1) The Governor m a y upon t h e recommenda t ion of the board of hea l th issue regula t ions subject to t he provisions of this Act for the purpose of ca r ry ing the same in to effect, and penal t ies no t exceeding in any case twen ty pounds may be imposed in any such regula t ions for any breach of t h e same.
(2) A n y such pena l ty shal l be deemed to be a pena l ty
imposed by th is Act .
S C H E D U L E S .
S C H E D U L E S .
F I R S T S C H E D U L E .
Reference to Act. Title of Act, Extent of repeal.
| 50 Vic. N o . 17 | .. | Dair ies Supervision Ac t | ... | The whole. |
| GO V i c N o . :38 | ... | Publ ic | H e a l t h | Act , | 189G | The whole of P a r t |
| I X . |
S E C O N D S C H E D U L E .
The nor th -eas t por t ion of t he 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 Broken Bay to Cowan Creek ; on the west by t he western boundaries of the parishes of Broken Bay and Gordon to L a n e Cove, by Lane Cove to t he P a r r a m a t t a River by t h a t River upward, and by the western boundar ies of t he par ishes of Concord and Saint George to George 's River ; on the south by tha t river and the south shore of Bo tany Bay to Cape So lande r ; on the east by t he sea to Broken Bay aforesaid, inc luding all t he islands in t he H a r b o u r of Po r t Jackson and the
| Pa r r am a t t a | River. |
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