Dairy Produce Act of 1904 (4 Edw VII No. 18) (Qld)

DAIRY PRODUCE. 4 Enw. VII. No. 18, 1904. Dairy Produce Act. 8683 DAIRY PRODUCE. An Act to Provide for the Registration and Inspec- 4 Edw. VII. tion of Dairies and other Premises where T~ oD~ ~ ~ Y Dairy Produce is Prepared or Manufactured, PRg~~ ~ ~/ CT and to Regulate the Manufacture, Sale, and Export of Dairy Produce. [ASSENTED TO 17TH DECEMBER, 1904.J B E it enacted by the King's Most Excellent Majesty, by and with the advice and consent of the Legis- lative Oouncil and Legislative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows : - 1. rrhis Act may be cited as "The ])airy Produce Short title Act of 1904," and shall commence and take ~ffect on and : ! ~ ~ : ~ nt of from the first day of April, one thousand mne hundred Act. and five. 2. In this Act, unless the context otherwise indi- Interpretation ~ ates, the following terms have the meanings set against of terms. them respectively, that is to say :- " Butter-fat "-The pure fat of milk; Butter·fat. "Oondensed milk "-Milk condensed or concen- Condensed trated by any method whatsoever; milk. " Oonveyance" includes every description of cart, Conveyance. waggon, truck, or other vehicle; " Oream"-The product of whole milk obtained by Cream. centrifugal separation or other process; " Dairy" includes land, premises, and buildings Dairy. used in connection with the production of milk, and also any premises where cream is separated for the purpose of being supplied to a factory; " Dairy-house" -Any place or room used in a Dairy-house. dairy as a separator-room, milkroom, or room for the storage of dairy produce; "Dairy produce"-Milk, cream, butter, cheese, Dairy condensed milk, and any other product of milk produce. or cream; "Disease"-Any disease in human beings or stock Disease. mentioned in the First Schedule to this Act, Schedule I. and any disease of an infectious or contagious nature likely to contaminate dairy produce which the Governor in Oouncil may by. Order in Oouncil bring under this Act;

8684. Expert. Factory. Grading. Inspector. Mark. Milkshop. Minister. Owner. Paokage. Prescribed. Pure milk•. Regulations. Separated milk. Stock. DAIRY PRODUOE. Dairy p,roallctJ Act. 4 EDw. VII. No. 18, " Expert "-A person approved by the M.inister ro carry out microscopical or bacteriological or- analytical examinations for the purposes of this Act; " Factory "-Any building or place where .butter,. cheese, or condensed milk is prepared or manu- factured; "Grade or Grading"-The classification of dairy produce according to quality; "Inspector"-An inspector appointed under this Act; "Mark" includes any brand or stamp; " Milkshop"-Any building or place or any stall or vehicle in which milk is sold 01' exposed or offered for sale by retail and is the only or principal product so retailed; " Minister "-The Secretary for Agriculture or other Minister of the Crown charged with the ad- ministration of this Act; " Owner"-The owner, whether jointly or severally; the term includes the owner's agent or manager; and in the case of a company, ~ he manager, secretary, or other principal officer thereof; when applied to premises, the term includes the person having the charge, management, or control of the same, " Package" includes cask, keg, crate, can, box, case, wrapper, tin, and any other receptacle Ol~ covering; "Prescribed"-Prescribed by this Act or by the Regulations; " Pure milk "-The whole of the milk, including the strippings, drawn at the time of milking; the term does not include milk which contains less than 3 per centum of butter';fat or less than 8'5 per centum of solids other than butter- fat, or is mixed with any preservative or chemical or colouring matter of' any kind what- soever; " Regulations':-Regulations made under this Act; " Separated milk "-Milk of whole milk after the cream has been separated, and which does not contain any added preservative or colouring matter; "Stock"-Stock within the meaning of the laws reJating to diseases in stock;

DAIRY PRODUCE. 868& 1904. Dairy Produce Act. "This Act"-This Act and any Regulations made This Act. thereunder. 3. (1.) This Act shall be in force in such districts Application as the Governor in Council shall from time to time declare of Act. by Order in Oouncil. (2.) This Act shall not be applicable to any case where dairy produce is intended for the use of any owner for consumption on his premises, and is not sold or offered or exposed for sale to the public. (3.) This Act shall not be taken to rep~ al or limit the operation of the provisions of any Act with respect to the sale of food in a pure and sound state: Provided that, with respect to any district assigned to an inspector under this Act, the provisions of " PhI? Health Act Arnendment Act oflS86"* shall be suspended, and so long as such district remains so assigned any By-laws of Local Authorities made under the authority of such provisions shall be likewise suspended. 4. (1.) The Governor in Oouncil may from time to Inspectors, t l · IDe appO . lll t SUC h l . llSpeC t ors an d 0 ffi cers as may b e neces- experts ' &c, sary for the effectual execution of this Act. The Governor in Oouncil may, by Order in Oouncil, assign districts to any inspector or inspectors. (2.) No inspector shall, by himself or his partners, have any interest directly or indirectly in any factory. dairy, or milkshop, or any place where dairy produce is dealt with or sold, or in any trade or business connected therewith. Every inspector who violates this provision shall be dismissed by the Minister, alId shall be disqualified for reappointment. (3.) The Minister may, by writing under his hand, approve of competent persons to carry out microscopical or bacteriological or analytical examinations for the purposes of this Act. 5. (1.) Premises used as a dairy or factory or milkshop Registra;tion shall be registered under this Act. of premIses. (2.) The premises shall be registered within three months after they are so used, or in the case of premises so used at the commencement of this Act before the first day of July, one thousand nine hundred and five. (3.) Subject to this Act, a registration when first granted shall remain in force until the fourteenth day of April in the year next ensuing, and shall be renewed on or before the fourteenth day of April in each year. .. 50 Vie. No. 21, 8upra, page 861.

8686 DAIRY PRODUCE. Dairy Produoe Act. 4 EDw. VII. No. 18, (4.) The following provisions shall apply with respect to the annual fee payable for registration ;- In the case of a dairy, the fee shall be based on the average number of cows milked by the owner during the month of March last preceding the date of the application, or, where registration is granted for the first time, on the number of cows being milked on the day when the application is made, and shall be as follows ; - If such number does not exceed five, no fee shall be payable; If such number exceeds five, the fee shall be at a rate for each cow to be fixed from time to time by the Minister, but in no case exceeding threepence for each cow; Provided that the minimum fee shall be two shillings and six- pence; Provided further that the total amount of the fee payable hereunder shall be reduced by the amount of any sum paid by the owner of the dairy in respect of his cows by way of assessment under "The ])iseases in StockAct of 1896."* In the case of a factory, the fee shall be one pound; but no fee shall be payahle in respect of a factory situated upon premises which are registered as a dairy under this Act. In all cases where registration is granted for the first time, if the currency of such registration will be less than a year a proportionate reduction in the fee shall be allowed. (5.) Application for registration or renewal thereof shall be made by the owner in prescribed form to the nearest clerk of petty sessions, and shall be accompanied by the prescribed fee, and in the case of a dairy shall also be accompanied by a declaration of the owner as to the average number of cows milked during the month of March last preceding, or the number being milked at the time of the application, as the case may require. In the case of a factory the application for registration shall be accom- panied by a statement showing the marks used by such factory upon the dairy produce manufactured therein. Such marks, together with any other marks which may from time to time be used by such factory, may be registered by the Minister, and no factory shall use or permit to be used upon dairy produce of its manufacture any mark which is not so registered, and no factory shall use or permit to be used any mark so registered upon dairy * 60 Vie. No. 1, supra, page 6109.

DAIRY PRODUCE. 8687 1904. Dairy Produce Act. produce not manufactured by such factory. Upon receipt of such application, and upon being satisfied that the requirements of this Act have been complied with, the Minister shall cause a certificate of registration or renewal, :as the case may be, to he issued to the applicant. (6.) Any person who in contravention of this Act uses any premises as a dairy or factory, witho"!lt holding a subsisting certificate of registration for the same, shall be liable to a penalty not exceeding five pounds; but the use as a dairy or factory of premises in respect of which an application for registration has been duly m.ade and has not been refused by the Minister shall not be deemed a -contravention of this Act. 6. For the purposes of this Act with respect to Inspector to ~ tock on any dairy, every inspector shall have and may ~ ~ : : ~ ~ s; : : ~ xercise all or any of the powers of and shall be deemed to diseased 10 be an inspector appointed under" The J)iseases in Stock stock. +!-ct of 1896."* In any case where stock have been llestroyed under the provisions of this Act the owner shall teceive compensation from the fund created under this .f\.ct, if upon .post-mortem examination hy a qualified person such stock are found to be free of the diseflses $pecified in Schedule 1. of this Act. Schedule I. : 7. (1.) Subject to this Act, an inspector may at all Inspection of Jreasonable times- dairies, &c. (i.) Enter and inspect any dairy or factory or milk- shop, or any warehouse or store or shop where dairy produce is stored or for sale, and all dairy produce, and all stock and all utensils, machinery, apparatus, and works thereat or therein; 1 (ii.) At any dairy or factory or milkshop take samples of dairy produce, or water supplied to stock or used in connection with dairy produce; (iii.) Enter and inspect any cooling ,chamber or conveyance or ship used for the storage or carriage of dairy produce; (iv.) Open any package which contains, o~ is suspected to contain, dairy produce, for thlj) purpose of I inspection or taking samples. I (2.) The inspector may deliver or send any sample of dairy produce or water to an expert for examination, ann lhe expert shall upon receipt of the sample, with all con- venient speed, examine the same, and give to the inspector 60 Vic. No. 1, supra, page 6109.

8688 DAIRY PRODUCE. Dairy Produce Act. 4 EDW. VII. No. 18, a certificate of the result of the examination in the form Sc.hedule II. in the Second Schedule to this Act, or to the like effect. When dairy unclean, &c. 8. If after inspection an inspector is satisfied that- (i.) Any dairy or factory or milkshop is in an unclean or unwholesome condition; or (ii.) Any utensil. machinery, apparatus, or work at a dairy or factory or milkshop is in an unclean or unwholesome condition or is otherwise unfit for the purposes of dairy produce; or (iii.) Any stock at a dairy are diseased; or (iv.) Any person is affected with disease so that any dairy produce is likely to be contaminated; or (v.) The water used in connection with a dairy is impure or unwholesome; or (vi.) Any cooling chamber or conveyance used for the storage or carriage of dairy produce is in an unclean or unwholesome condition or is· otherwise unfit for the purposes of dairy produce; he may, by order in writing under his hnnd, addressed to the owner of the dairy or factory or milkShop, or of the cooling chamber or conveyance, or to the consignor of the dairy produce, as the case may be, without further name or description: (a) Order such dairy or factory or milkshop, and all such utensils, machinery, apparatus, or' works, or all such cooling chambers, or con- veyances, as the case may be, to be forth- with cleansed, disinfected, and rendered wholesome to his satisfaction; (b) Order the supply of water to be discontinued,. and a supply of pure water to be used; (0) With respect to stock exercise all or any of the powers conferred upon him; (d) Order the removal or isolation of any person affected with disease of an infectious or con- tagious nature likely to contaminate dairy produce: Provided that the inspector shall first obtain the certificate ot the health officer of the district in which the premises are situated, or of some legally qualified medical practitioner, that the disease with which such person is affected is a disease affecting human beings within the meaning of this Act;

DAIRY PRODUCE. 8689 1904. Dairy Produce Act. (e) Forbid any utensils, machinery, apparatus, or work, or any cooling chamber or conveyance .to be used for the purposes of dairy produce, either wholly or until any defects have been remedied to his satisfaction, or for such time as he thinks necessary; (1) Forbid the removal from a dairy or factory of any dairy produce for such time as he thinks necessary. 9 If:1n inspector is satisfied that- Oondemna. (i.) Any dairy produce inspected by him is unfit for tion. the food of man; (ii.) Any dairy produce is being or has been removed, sold, or delivered contrary to this Act, he shall by order condemn the same. All dairy produce which has been condemned shall be disposed of in manner prescribed. 10. The inspector shall as soon as may be make aInspectorto report to the Minister of all orders made by him under report orders. this Act. 11. Ally person who thinks himself aggrieved by any :tp~eal to order or decision of an inspector other than an order to JustIces. cleanse or to remove or isolate any person affected with disease, or a decision in respect of grading, may appeal therefrom to a Police Magistrate sitting in petty sessions on giving to such inspector the prescribed notice in writing of his intention so to do. Such Police Magistrate shall hear and determine the matter of the appeal, and his decision shall be final, and shall be enforced as if it were an order made for a breach of duty, under" The Justices. A.ct of 1~ 86. " * The costs of and occasioned by any such appeal shall be determined by the Police Magistrate, who may, in his discretion, order that the same shall be paid by either party. 12. Every owner of a dairy when disease appears in ~wners ~ o any stock at the dairy, and every owner of a dairy od~ : : a! ~ tlCe of factory when any person is found upon the premises to be affected with disease, or may reasonably be suspected to be so infected, shall forthwith after discovering the facL give notice thereof to the nearest inspector. The owner of the dairy shall also forthwith draft out and continue to keep separate all such diseased stook from .. 50 Vie. No. 17, 8upra, page 1030.

8690 DAIRY PRODUCE. flair.V PI'oduce Act. 4 EDw. VII. No. 18, the stock not suffering from disease, and shal1 not mix the dairy produce obtained from such stock with other dairy produce, or sell or use, or cause to be sold' or used, the same in any way for the food of man or of any animal. The owner of the dairy 01' factory shall also, as far as practicable, isolate, and keep isolated, all persons so affected with disease, or reasonably suspected to be so infected. Owner to 13. Forthwith upon the request of an inspector, every finufronrimshation owner of a milk shop and every milk vendor shall furnish to inspector. to the inspector a list of the persons supplying dairy pro- duce to such owner. Moreover, every such person shall give to the inspector any personal assistance and informa- tion which he is capable of giving to aid the inspector in discovering the cause of any defect or deterioration in dairy produce. Structural 14. (1.) Every separator-room, milkroom, and room 3& c r . ran g ements, used for the storaO ~ 'e of dair . v . produce shall be well venti- lated and so constructed as to be capable of thorough cleansing.. It shall not be used for any other purpose than that of storing dairy produce and utensils. Every such room shall be limewashed or otherwise treated with approved disinfectant at least once in every four months. (2.) Every creamery and factory shall have impervious water-tight floors, shall be well ventilated and effectively drained, and shall be thoroughly disinfected as often as may be prescribed. 'fhe term " creamery" means a building or place to which milk is brought from more than one dairy farm by the several owners of the milk for the purpose of being separated there. (3.) Every cheesemaking-room or maturing-room shall be well ventilated. All whey shall be forthwith removed to a distance therefrom of at least one hundred feet, or shall be sterilised by steam or rendered innocuous by proper treatment in an approved septic tank, or by such other means as may be prescribed. Contamina, : ~ ~ ! ~ om manure, &c. 15. (1.) No person shall keep pigs in sties or place· or use any manure heap within a distance of one hundred and fifty feet from any dairy.house or factory, or erect or use any place as a dairy-house or factory within a distance of one hundred and fifty feet from any piggery, manure- heap, or offensive stagnant water. r

DAIRY PRODUCK 8691 1904. Dairy Produce Act. No person shall place or use any fowlhouse within fifty feet from any dairy-house or factory, or erect or use any place as a dairy-house or factory within a distance of fifty feet from any fowlhouse: Provided that where in any case the inspector is satis- fied that the physical characteristics of the premises require that any piggery, manure heap, or fowlhouse thereon should be placed in a certain specified position he may, by special permit, authorise the same to be so placed and used, notwithstandin~ such position may be at a less distance from the dairy-house or factory than is herein prescribed. (2.) No cesspit shall be permitted to exist upon any dairy, and no factory shall be placed within one hundred and fifty feet from any cesspit. (3.) No person shall permit any drainage from any piggery or stockyard to be or flow within a distance of one hundred and fifty feet from any dairy-house or factory unless in a drain properly cemented. ! 16. (1.) N 0 d~jry produce intended for sale or supply Storage. for profit shall be Ideposited or kept in any room used for domestic purposes pr in any place which might cause such produce to be unVllholesome or injurious to health, or in any place where goods or other materials likely to taint such produce or c~ ntaminate it, with disease are kept or permitted to be. ! (2.) No persol shall sen or offer or expose for sale any dairy produce ~ kvhich has been kept in contravention of this section. I 17. No person shall sell or s u p p l Y - S a l e orsupply ( 1 . . ) Anyda' Iry produce condemnedyban'Inspector; oofr uconnsoduemndned (ii.) Any milk or cream which is unfit for the food dairy produce. of man; (iii.) Any milk or the cream from any milk which has been drawn from a cow that is known to or suspected by such person to be diseased, or that has been isolated in pursuance of this Act, or that has calved within six clear days before the day on which the milk was drawn from her; (iv.) As milk anything which is not pure milk, unless it is sold or supplied to a creamery or factory on an agreement providing for a butter-fat test;

8692 DAIRY PRODUCE. Dairy Produce Act. 4 Enw. VII. No.lS, (v.) As milk anything which is not pure milk, unless it is and is sold or supplied as separated milk, and such person at the time of such sale or supply states, and if required states in writing, to the person to whom such milk is sold or supplied that such milk is separated milk; (vi.) Any condensed milk which contains less than 9 per centum of butter-fat and 24 per centum of solids other than butter-fat, unless it is sold or supplied as condensed separated milk, and every packag-e containing it, whether sold or supplied wholesale or retail, is marked "con- densed separated milk" in capital letters not less than half an inch square; or (vii.) Any butter which contains less than 80 per centum of butter-rat or more than 16 per centum of water. Adulteration. 18. (1.) No person shall mix with or add to, or use in the manufacture of, dairy produce any extraneous ingredient of any description: Provided that, subject to the Regulations, nothing herein shall prevent pure sugar, common salt, or any harmless coagulative or colouring ingredient or antiseptic or preservative preparation allowed by or under ". The HealthAct of 1900"* from being mixed with or added to or used in the manufacture or dairy produce. (2.) No person shall sell or supply or offer or expose for sale any dairy produce in respect of which any ingre- dient has been mixed, added, or used in contravention of thi.. section. B-rading for 19. It shall not be lawful to export beyond ·the export. Oommonwealth any dairy produce, the produce of the State, until the same has been inspected, graded, and marked under this Act; and no butter shall be shipped at a hig-her temperature than forty degrees. Grading 20. Save as last aforesaid, nothing in this Act shall . wcohmenpunlsootry. oblige any person to cause any dairy produce to be graded, but if required to be inspected and graded it shall be subject to this Act, and shall not be marked as inspected unless all the provisions thereof have been complied with in respect to such produce and the packages in which it is contained. * 64 Vie. No. 9, supra, page 7261.

DAIRY PRODUOE. 8693 1904. ])airy Produce Act. 21. Dairy produce required to be inspected and All products graded shall be graded according to quality, and shall be ~ ~ s~ ~ ~ ~ : ~ ~ ~ c. marked by the inspector, according' to the classes into which it has been graded, with the prescribed marks. 22. Everv person who with a fraudulent intention- Certain (1 . . ) AI t " ers or 0 blI' terates, who 11 y or partI . a 11' y, or farcatsu.dulent causes to be altered or obliterated, an inspector's mark or any registered factory mark on any dairy produce which has been inspected, or on any package containing any such produce; (ii.) Counterfeits any such mark, or places on any dairy produce or package any mark purporting to be the mark of an inspector or of the manu- facturer or packer, either with the proper marking' instruments of sueh inspector, manu- facturer, or packer, or with counterfeit imita- tions ; (iii.) Empties, or partially empties, any package, marked after inspection in order to put into the same any dairy produce, of the same or any other kind, not contained therein at the time of such inspection; (iv.) Uses for the purpose of packing dairy produce any old package without effacing all previous marks thereon, shall be liable to a penalty not exceeding one hundred pounds. 23. Every person who, being in the employ of any Offences by manufacturer or packer of dairy produce- employees. (i.) Hires or lends the marks or marking instru- ments of his employer to any person; (ii.) Connives at or is privy to any fraudulent evasion of this Act with respect to any such marks, shall be liable to a penalty not exceeding fifty pounds. 24. Every inspector who- 0ffences by ( 1 . . ) HH' eS out or 1 ends h I ' S markm' g m. st rument s t 0 mspector. any person; (ii.) Gives any certificate of inspection without having personally performed the inspection, or any wilfully false or untrue certificate;

8694 DAIRY PRODUCE. Dairy Produce Act. 4 Enw. VII. No. 18, (iii.) Connives at or is privy to any evasion of this Act, shall be liable to a penalty not exceeding one hundred pounds, and shall forfeit his office and be disqualified from ever after holding the same. Offences. 25. Every person who- (1) Sells, or exposes for sale, or prepares, manu- factures, exports, or supplies, any dairy produce in contravention of this Act; (2) Resists or obstructs an in&pector or expert in the course of his duty; (3) Refuses to give information or gives false information in answer to any inquiry made by an inspector or expert in the course of his duty; (4) Refuses or neglects to obey the order of an inspector; (5) Refuses or neglects to give any notice prescribed by this Act: shall be liable to a penalty not exceeding ten pounds. If any owner refuses or neglects to obey the order or any part of the order of an inspector, a Police Magistrate sitting in petty sessions, upon the complaint of such inspector~ may make an order directing the inspector to carry out the work at the expense of the owner, and the inspeetor shall cause the work to be carried out accordingly, and may recover from the owner the expense of doing the work by action in any court of competent jurisdiction. All such expenses shall also be and remain a first charge upon the dairy, factory, or dairy produce, notwithstanding any change that may take place in the ownership of them or any of them. The remedies conferred by the foregoing provisions shall be in addition to the powers conferred upon a Police Magistrate under section eleven of this Act. Regulations maybe made. Officers. 26. The Governor in Council may from time to time make Regulations with respect to all or any of the following matters, that is to say- (1) 'rhe powers and duties of inspectors, experts~ and officers; the conditions upon which and manner in which samples of dairy produce or water may be taken, and the mode of dealing with the same; the qualifications of inspectors and officers, and requiring that before appoint- ment they shall give by examination or other- wise satisfactory evidence of their competency;

DAIRY PRODUCE.• 8695 1904. Dairy Produce .Act. (2) The conditions on which dairies and factories Regis~r! 1tion " may be registered, anu the registration of the of daIrIes, &c. same: Provided that in the case of any class of uairies or factories which, by rAason of their situation in a town or their small output of milk or butter or other special circumstances, may be properly regulated without requiring a strict compliance with all the provisions of this Act, such conditions may be prescribed for the registration of such premises as in the opinion of the Governor in Oouncil will sufficiently ensure the proper regulation of the same; (3) The cleansing and disinfection of dairies and Construction, factories and milkshops , and of utensils '& vcentilation, machinery, apparatus, and works thereat or . therein; the ventilation and drainage of dairies and factories, and the situation of sanitary con- veniences thereat; and the precautions to be taken against the introduction or spread of disease thereon ; (4) The situation of pigsties and the keeping of Bwine. swine at dairies or factories; (5) The inspection of chambers and conveyances Inspecting used, or intended to be used, for the storage or ~ : . veyances, carriage of dairy produce, and the cleansing and disinfection of the same; (6) ffhe use and treatment of diseased or suspected Diseased stock at dairies; the application or making of stock. any test for the detection of disease in stock; the mode of determining the amount of com- pensation to be paid for stock destroyed; (7) The aeration and cuolinO b ' of dair • y produce· , Aeration, &c. (8) The use of preservatives and colouring matters Preservatives, for dairy produce; &c. (9) The disposal of condemned dairy produce; Condemned produce. (10) The inspection and grading of dairy produce; Grading. the description of the marks to be used by inspectors; the names or designations to be given to various grades; the grading of cream at factories and at cream depots; the con- ditions on which the testing of cream may be made for the information of cream-suppllers ; (11) The qualifications and examination of persons Testing. employed in the testing of cream and mP.k at factories and creameries; the conditions on I

8696 ,DAIRY PRODUCE. Dairy Produce Act. 4 EDw. VII. No. 18, Marks, &c. Forms, &c. Expenses; fees. Generally. which certificates of competency may be issued or revoked, and requiring the employment of competent persons as cream and milk testers; (12) The registration of marks used by owners for dairy produce; (13) The form of any notice, certificate, or other document under this Act; the time within which any notice must be given; (14) The payment and recovery of expenses in respect of dairies, factories, milkshops, dairy produce, and stock; the imposition and collec- tion of fees for defraying the expenses of carrying this Act into effect; the imposition and collection of fees payable by owners of dairy produce for certificates given in respect of grading by points and other matters; (15) Any other matters necessary for the efficient administration of this Act. The Regulations may impose a penalty not exceeding ten pounds for any breach thereof. All such Regulations shall, on being published in the Gazette, have the full force of law, and copies thereof shall be laid before Parliament forthwith, if then sitting, and if not then sitting, within fourteen days after the commencement of the next ensuing session. If either House of Parliament within the next thirty days after any Regulations have been so laid before such House resolves that such Regulations or any of them, ought to be annulled, the same shall after the date of such resolution be of no effect, without prejudice to the validity of anything done in the meantime under such Regulations or to the making of any new Regulations. Tru~ t account 27. All fees, penalties, and other moneys received tfroarti a o d n minis-; or recovered under this Act shall be paid into a trust purposes. account, and shall be applied by the Minister solely for the purpose of administering this Act. Penalties. 28. Any person who by any act or omission is guilty of any contravention of this Act for which no specific penalty is provided shall be liable to a penalty not exceed- ing ten pounds. . All proceedings in respect. of penalties for offences against this Act maybe heard and determined :in a summary way by and before a Police Magistrate sitting in petty 'Sessions. . I

DAIRY PRODUCE. 8697 ];904. Dairy Produce Ad. 29. In any legal proceeding under this Act- Evidence. (i.) The production of a certificate purporting to be a certificate given for any of the purposes of this Act shall be sufficient prima facie evi-dence of the facts therein stated; (ii.) ':rhe production of the Gazette containing a notification of the appointment of any person as an inspector shall be sufficient evidence of such appointment; (iii.) The onus of proof that any dairy produce was not exposed or offered for sale or was not intended for the food of man shall be upon the party charged. 30. No person who, not being of European descent or Certain an aboriginal native oE Australia, has not. first obtained in : ~ ~ ~ ~ ted. the prescribed manner a certificate that he is able to read and write from dic~ ation words in the English language shall be employed in any dairy or factory registered under the provisions of this Act. 31. In this section the word" owner" means, without Weekly limiting the meaning assigned to the word by section two ; o~ lfS~ ~ ~ : ; y of this Act, every owner of a dairy or milkshop and every duty. vendor of milk. If any person employed by an owner is required by such owner to work on Sunday afternoon such employee shall have a half-holiday from the hour of noon on some week day of each week. Any such owner who fails to give such half-holiday to such employee shall for each offence be liable to a penalty not exceeding five pounds. Any contract or agreement between an owner and employee which, if it were valid, would have the effect of disentitling the employee to the benefit of this section shall to that extent be void and inoperative. SCHEDULE 1. Section 2. LIST OF DISEASES. In Human Beings- Diphtheria, Scarlet }'ever, Skin Diseases, Smallpox, Tuberculosis, Typhoid Fever. In Stock- Abscesses, Anthrax, Cancer, Mammitis (Udder and Teat In- Section 6. fiammation), Pleuro-pneumonia, Tuberculosis.

8698 DAIRY PRODUCE-DISTRESS. Legal Process Restriction. 4 EDw. VII. No. 15, Section 7. SCHEDULE II. CERTIFICATE OF EXPERT. " The Dairy Produce Act of 1904." To [name of inspector J. I, the undersigned, do hereby certify that I received on the day of from [name of inspector] a sample of dairy produce, namely [name article] [or water] for examination, and have examined the same, and declare the result of my examination to be as follows :- [Insert particulars ()f examination.] I am of opinion that [state whether or not an,V chan.'1e has taken place in the constitution of the article which would interfere with the examinatiolb. ] I am or opinion that [state whether 8'lmpZe does or does not contain foreign in.'1redients or is or is not sound and of good quality J. Dated at , thi8 day of . , 19 . A..B, Expert. DISTREPS. 4:E N d o w . . 1 V 5. II. An Act to Exempt Personal Property (to a limited THE LEGAL PROCESS RESTRICTION ACT OF 1904. amount) from Seizure and Sale under Legal Process. [ASSENTED TO 14TH DECEID3ER,1904.J B E it enacted by the King's Most Excellent Majesty, by and with the advice and consent of the Legis- 18:tive Oouncil and Legislative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows :- Short title. 1. This Act may be cited as "The Legal Froaess Restriation .dat of 1904." Sewi~ g 2. After the passing of this Act, it shall not be lawful ~ ; ~ ~: ~ ~ing to distrain any sewing machine, type-writing machine, or machines, and mangle, the property of or under hire to any female emxaenmgpletsfrom person, f' or any ren t c 1 a · Ime d I ' n respec t 0 fth e premI.ses or distr~88 in place in which such sewing machine, tvpe-writing machine, certam cases. or mangIe may be: P rOVl· ded that a v nyone such person shall not be entitled to have more than one sewing machine, one type-writing machine, or one mangle pro- tected from distress under the provisions of this section. The exemption provided by this section shall be in addition to and not in suhstitution for any exemptiou from distress provided by any other provision of this Act or of any other Act.