Dairy Produce Act of 1920 (10 Geo v No. 15) (Qld)

CONSTITUTION.-DAIRY PRODUCE. ss. 1,2. 10 GEO. V. No. 15, 1920. Dairy Produoe Act. Oarried forward DEPAltTME'.NT OF MIlI'ES. For State Coal Mines :For State Iron and Steel Works ... In Aid of Mining For Southern Division For Central Division For Northern Division RAILWAYS. Sum. not ,exceeding £ 8. d. .,. £14,287 4 6 4,501 4 8 ° 4,491 14 1 10,000 0 ° ... 118,659 16 5 ... 90,810 10 ... 304,nH 9 8 TOTAL SUPPLEMENTARY CHARGES UPON MONEYS TO THE CREDIT OF THE LOAN FUND ACCOUNT £547,523 19 4 9079 CO-OPERATIVE AGRICULTURAL PRODUCTION. See AGRICULTURE. CROWN LAND. See LAND, CROWN. DAIRY PRODUCE. An Act to Regulate Dairy Produce, and for other 10 Geo. V. No.15. incidental purposes. THE DAIRY PRODUCE ACT OF 1920. [ASSENTED TO 10TH FEBRUARY, 1920.] 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 P&rliament assembled, and by the authority of the same, as follows : - 1. This Act may be cited as "The Da£ry Produce Actthort title. Of 1920." 2. *" The Da£ry Produce Acts, 1904 to 1911," are Repeal. repealed: * 4 Edw. VII. No. J8 and amending Acts, supra, pages 559 and 5122.

\ 9080 s. 3. DAIRY PRODUCE. DairyProduceAct. 10 GED. V. No. 15, Provided that, without limiting the operation of '*" The Acts Shortening Acts" - (a) All orders and notifications made and pub- lished all appointments made all regulations and forms made and promulgated all districts constituted and all things done or purporting to be done under the said repealed Acts and generally all acts of authority originated under the said repealed Acts and in force or subsisting at the passing of this Act, shall continue in full force and effect, and shall, so far as is consistent with this Act, be deemed to have been made, published, promulgated, constituted, done, and originated under and for the purposes of this Act ; (b) All matters and proceedings commenced under the said repealed Acts, and pending. or in progress at the passing of this Act, may be continued, completed, and enforced under this Act. Interpreta- 3. In this Act, unless the context otherwise indicates, ~ ~ dw. VII. the fo~ owing ter~ s_ have the meanings set against them No. 18, s. 2. respectIvely, that IS to say : - Approved. "Approved "-Approved under this Act, or by the- Minister, or by a State officer deputed by him either generally or for any particular purpose; Butter-fat. " Butter-fat"-The pure fat of milk; Cheese. "Cheese"--The solid product obtained by co- agulating the caseinogen of milk by means of approved rennets, pepsins, or acids, with or without the addition of ripening ferments or approved seasoning ingredients; Cold store. "Cold store"-Premises approved as a cold store for the examination, grading, marking, weigh- ing, storage, and delivery of dairy produce; Condensed milk. "Condensed milk"-Milk condensed or concen- trated by any method whatsoever; Conveyance. "Conveyance" includes every description of car, cart, carriage, conveyance, wagon, truck, rail- way or tramway vehicle, or other vehicle, also any ve~ sel; • 31 Vie. No. 6 and 3 Edw. VII. No 10, 8upra, pages 15 et 8eq.

DAIRY PRODUCE. s.3. 9081 1920. Dairy Proditce Act. "Cream"-The product of whole milk obtained Cream. by centrifugal separation or other method; ~ ' Dairy" includes land, premises, and buildings Dairy. used in connection with the production of milk or cream; "Dairy-house"-Any room or place used in a Dairy-house. dairy as a separator-room. milk-room, or room for the storage of dairy produce or dairy utensils; "Dairy produce"-Milk, cream, butter, che~ e, Dairy condensed milk, dried milk in any form, and produce. any other product of milk or cream; "Dairy produce premises"-A cold store, dairy, Dairy depot, factory, milkshop, and any place wher~ prod~ ce dairy produce is deposited, treated, dealt with, premIses. or sold; "Depot"-Any building, structure, place where Depot. milk or cream is deposited for the purPose of weighing; sampling, testing, or grading, pend- ing consignment; . "Disease"-Any disease in human beings or stock Disease. mentioned in the First Schedule to this Act, Sch. 1. and any disease of an infectious or contagious . nature likely to contaminate dairy produce which the Governor in Council may by Order in Council bring under this Act; "Expert "-A State officer appointed as an expert Expert. under this Act ; "Factory"-Any building, structure, or place Factory. where butter, cheese, condensed milk, dried milk, or other product of milk is prepared or manufactured; "Grading" (with its derivatives)-The classification Grading. of dairy produce according to quality; "Health Acts"-*" The Health Act Amendment ActH:ealth Acts. of 1886" and "The Health Acts, 1900 to 1917," and any Act amending or in substitu- tion for those Acts or any of them; "Inspector"-An inspector appointed under this Inspector. Act; * 50 Vic. No. 21, SUP! a, page 885, and 64 Vie. No. 9 and amending Acts, 8upra, page 7735. C

9082 S.3. DAIRY PRODUCE. DairyProduceAct. 10 GEO. V. No. 15, Mark. Milking shed . Milkshop. Minister. Owner. Package. Prescribed. Pure milk. Registered. Regulations. Sale. Separated milk. "Mark" includes any brand, stamp, or classifica- tion mark; "Milking shed"-An approved structure wherein cows are gathered for the purpose of milking; "l\Iilkshop"-Any building, structure, or place or any stall or conveyance in which milk is sold by retail; "Minister"-The Secretary for Agriculture an~ Stock or other Minister of the Crown charged for the time being with the administration 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, the manager, secretary, or other principal officer thereof: so far as relates to any premises whatsoever, 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 every other receptacle, container, or covering; " Prescribed "-Prescribed by this Act ; "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 the prescribed percentage of butter- fat or less than the prescribed percentage of solids other than butter-fat, or is mixed with' any preservative or chemical or foreign matter of any kind whatsoever; " Registered"-Registered under this Act; "Regulations"-Regulations made under this Act; "Sale" (with its derivatives) includes barter and exchange and supply for profit, and also offer- ing or attempting to sell or receiving for sale or having in possession for sale or exposing for sale or sending forwarding or delivering for sale or causing or suffering or allowing to be sold offered or exposed for sale, and refers only to selling for the food of man; "Separated milk"-Milk of whole milk after the . cream has been separated,. and to which nothing has been added;

DAIRY PRODUCE. ss. 4-6. 9083 1920. DairyProduceAct. "Stock"-Stock within the meaning of the laws Stock. relating to diseases in stock ; " This Act "-This Act and any Orders in Council This A:ct. and regulations made thereunder; "Under Secretary"-The Under Secretary of the Under Department of Agriculture and Stock, Bris- Secretary. bane; " Vessel" includes a ship and· boat and every kind Vessel. of vessel used in navigation. 4. (1.) This Ar>t shall be in force in such districts as Applica.tion the Governor in Council shall from time to time declare ~ f~ ~ : VII. by Order in Council. No. 18, s. 3. With respect to every such district the provisions of the Health Acts and any regulations or by-laws made thereunder relating to dairy produce premises shall be suspended. (2.) Provided that- (i.) 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 distributed or sold; (ii.) This Act shall not be taken to repeal or limit the operation of the provisions of any Act with respect to the sale of food in a pure and sou , nd sta , te. 5. (1.) The Governor in Council may from time to Inspectors, time appoint such inspectors, experts, and other officers as ~ ~ per~ , &c. may be necessary for the effectual execution of this Act. . s.. (2.) No inspector, expert, or officer shall, by himself or his partners, have any interest directly or indirectly in any dairy produce premises, or in any trade or business connected therewith. Every inspector, expert, or officer who violates this provision shall be dismissed by the Minister, and shall be disqualified for reappointment. (3.) Every inspector under this Act shall, for the purposes of this Act, have all the powers and functions of an inspector under the Health Acts. 6. (1.) All dairy produce premises shall be registered Registration under this Act. of premises. lb. s. 5. (2.) Subject to this Act-- (a) A regist,ration of a dairy, when granted, shall remain in force without limit of time;

ss. 7, 8. DAIRY PRODUCE. DairyProduceAct. 10 GEO. V. No. 15, (b) In all other cases, a registration when first granted shall remain in force until the thirty- first day of December next ensuing, and shall be renewed on or before the first day of January in each year. (3.) The annual fee payable for registration shall be in accordance with the following scale:- £ 8. d. Cold store .. 100 Depot 050 Factory 100 In the case of a dairy or milkshop no fee shall be payable. (4.) In all cases application for registration, and in all cases (except dairies) application for renewal of registration, shall be made by the owner in the pre- scribed manner accompanied by the prescribed fee (where. a fee is payabJe). (5.) Any person who uses any premises as dairy produce premises, unless or until the same is registered under this Act, shall be liable to a penalty not exceeding five pounds. (6.) No dairy produce premises shall continue to be registered unless all the requi.rements of this Act relating to the premises are satisfactorily complied with and observed. (7.) When any person ceases to use any registered premises as a dairy produce premises he shall so notify in writing to the Under Secretary. in the manner pre- scribed, and thereupon the registration of such premises shall be cancelled. If such person fails to so notify he shall be liable to a penalty not exceeding one pound. Inspector to 7. With respect to stock on any dairy, every ~ ~ : ~ !~ ; :~ : inspe?tor for the purposes of this Act shall have and may to diseased eXerCISe all or any of the powers of and shall be deemed ~ t~ : ~ . VII to be an inspector appointed under the laws in force for No. 18, s. 6: the time being relating to diseases i.n stock, and the provisions of those laws shall apply accordingly. Inspection of 8. (1.) Subiect to this Act, an inspector may at any l p b re . m s. Is 7 e . s, &c. reasonable time- (i.) Enter and inspect any dairy produce premises or conveyance, or any shop, store, premises, or place where stock are depasturing or where

DAIRY PRODUCE. s.9. 1920. DairyProduceAct. dairy produce or any ingredients or materials use~ in the preparation manufacture or packing of the same may be stored or for sale, and all dairy produce and ingredients and materials, and all .stock and all utensils, machinery, apparatus, and 'works thereat or therein and any water supplied to stock or used in con- nection with dairy produce; and if he thinks fit take samplf's of dairy produce or any such ingredients materials or water; (ii.) Enter and inspect any cooling chamber or conveyance used for the storage or carriage of dairy produce; (iii.) Open or order to be opened any package which contains, or is suspected to contain, dairy produce, or any ingredients used in the pre- paration or manufacture of the same, for the purpose of inspection or taking .samples of dairy produce or ingredients or any materials. (2.) The inspector may deliver or send any sample of dairy produce ingredient material or water to an expert for examination, and the expert shall upon receipt of the sample, with all convenient speed, examine the same, and give a certificate of the result of the examination in the prescribed form. 9. If after inspection an inspector is satisfied that- Whe~ (i.) Any dairy is so situated that the area within ~ ~ ~ fe: ~ ~ &c. t cl haeI · ryfeI . nSc I eesssotfhatnheonperaocpreer;tyorconstitu , ti N ng th o e 4 . Ed1w8. , s V . I8I.. (ii.) Any dairy produce premises or cooling chamber or conveyance, or any utensil machinery apparatus or work is in an unclean or unwhole- some condition or is otherwise unfit or defectjve 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 ~ ny dairy produce premises is impure or unwholesome; or (vi.) Any ingredients or materials are prohibited or are otherwise unfit; he may, by order in writing under his hand addressed to

9086 S.9. DAIRY PRODUCE: Dairy Produce Act. 10 GEO. V. No. 15, the owner of the dairy produce premises, cooling cham- ber, or conveyance, or his agent, or to the consignor or owner of the dairy produce ingredients or materials or his agent, as the case may be, without further name or description- (a) In the case of a dairy to which paragraph (i.) hereof applies, order the dairy to be closed; (b) Order such dairy produce premises, cooling chamber, or conveyance, and all such utensils t machinery, apparatus, or work, as the case may be, to be forthwith cleansed, disinfected~ and repdered wholesome to his satisfaction; (c) Forbid any utensils, machinery, apparatus, or work, or any dairy produce premises, 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; (d) Forbid the removal from any dairy produce premises or conveyance of any dairy produce for such time as he thinks necessary or until the requirements of this Act are complied with; (e) With respect to stock, exercise all or any of the powers conferred upon him; (f) Order any person or employee engaged in the working of any dairy produce premises or .conveyance to obtain forthwith and deliver to an inspector a certificate from a legally qualified medical practitioner that such person or employee is free from disease; (g) 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 of 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 diseas~ affecting human beings within the meaning of this Act; (h) Order the supply of water to be discontinued~ .and a supply of pure water to be used;

DAIRY PRODUCE. ss. 10-13. 9087 1920. I Dairy Produce Act. (i) Order the use of any ingredient or materials to be discontinued. 10. If an inspector is satisfied that- Condemns,. (i.) Any dairy produce inspected by him • I . S un fi t4 tio E n d . w. VII. for the food of man; No. 1~ . 8. 9. , (ii.) Any dairy produce is being or has been re- mov;ed, sold, or delivered contrary to this Act, .he shall by order condemn the same. All dairy produce which has been condemned shall become the property of the Crown, and shall be disposed .of as ,the Minister directs or as may be prescribed. 11 The inspector shall as soon as may be make a Inspeotor report to the Minister of all orders made by him under :dr:Ys°rt this Act. lb. s. io. 12. Every owner of a dairy when disease appears in ~ner ii? any stock at the dairy, and every owner of any dairy ~ ~v~ :: ~ produce premises or conveyance when any person is lb. 8. 12. found thereon to be affected with disease or may reason- ably be suspected to be infected with disease, shall forthwith after discovering the fact give notice thereof to the nearest inspector or to the Under Secretary. The owner of'the dairy shall also forthwith draft tttt and continue to keep separate all such diseased stock from the stock not suffering from disease, and shall 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 produce, premises o~ con- veyance shall also, as far as practicable, isolate and keep' isolated all persons so affected with disease or reasonably suspected to be infected with disease. 13. Forthwith upon the request of an inspector'0WI!:erto every owner of any dairy produce premise8 or con- ~ : ~ ; : ation veyance, and every seller of dairy produce, shall- to inspector, lb. 8. 13. (a) Furnish to the inspector a list of the persons supplying dairy produce to such owner or seller; . ' ... : t, . J, . . ~

9088 '8S. 14-17. DAIRY PRODUCE. DairyProduceAct. 10 GEO. V. No. 15, (b) Give to the inspector any personal assistance and information which he is capable of giving, to aid the inspector in searching for and dis- covering the cause of any defect or deteriora- tion in dairy produce, or any source of contamination infection or disease to which stock or dairy produce may be exposed. Statistics. 14. The owner or person in charge of a dairy :Ji. t~ dl~ ' produce premises shall from time to time supply to the . Minister such statistics and information relating to such premises as are prescribed or as the Minister requests. Storage. lb. s. 16. 15. (1.) No dairy produce intended for sale or for consumption' as food for man shall be deposited or kept in any room used for domestic purposes, or in any place or conveyance which might cause such produce to be unwholesome or injurious to health or deteriorated, or in any place or conveyance where goods or materials, unclean ma,tter, or injurious smells likely to taint such produce or contaminate it with disease are kept or permitted to be or exist. (2.) No person shall sell any dairy pro~ uce which has been kept in contravention of this section. cPraeyamm. ent for the g 1 r 6 ad . eCorfeathme scurpepamlie,dbteopaaidfafcotorr-y shall, a.ccording to •••• (a) On the basis of the butter-fat results, estimated in the prescribed manner; or (b) On the amount of butter obtainable from such cream, estimated in the prescribed manner: Provided that where the butter obtained from the cream exceeds that estimated as aforesaid such excess of butter 'shall in the manner prescribed be credited to and payment therefor shall be made to the persons who supplied the cream. State~ent of The mana,ger of every factory shall every month i~ : : : ~ fandforward to the Under Secretary, and to suppliers, a butter statement showing the quantity of each grade of butter : : : ~ ~ : ac. manufactured in the factory, and the quantity and grade of butter which the suppliers of cream have been paid for. Grading cream. 17. (1.) The manager of every factory shall grade or cause to be graded all cream which is supplied to him, and in manufacturing butter therefrom shall keep apart and not blend or mix either as cream or butter the various grades thereof.

DAIRY PRODUCE. SS. 18-20. 9089 1920. DWiry Produce Act. It shall not be compulsory to grade cream· in more than three qualities. (2.) Any butter made from cream which has been graded as aforesaid shall be put up in packages bearing a registered mark representing the grade of the butter. . 18. No person shall sell or supply, or permit to be Sale, &c., used as food for man- pofroudnuscoeu. nd ( 1 . . ) Anyd ~ ' rry produce condemnedyban'mspec t or; 4 N , o E . d 1 w 8 . , s v . n I i. (ii.) Any dairy produce which is unfit for the food of man; (iii.) Any abnormal milk, or any milk or the cream from any milk which has been drawn from a cow that is known or suspeoted by such person or by an inspector to be diseased, or that has been isolated in pursuance of this Act, or that has calved within seven clear days before the day on which the milk was drawn from her, or such longer period as may inter- vene before the milk becomes normal; (iv.) As dairy produce any product that has been procured by or with the .help of any person unable or unwilling to obtain a certificate from a legally qualified medical practitioner if required by an inspector. 19 Where cream which is supplied to 'a factory is Putrescent manifestly a:f;Iected by putrefactive decomposition, the cream. manager of the factory shall not .manufacture butter from such cream or retain it on the premises. Such cream shall be treated by adding thereto such substance as may be prescribed; such substance added shall not in any way destroy the value of such cream for animal food, and thereupon the cream may be returned to the supplier. 20. No person shall sell or supply- Standal'ds, passing off, (i.) Ausnlmesilsk- anything which is not pure milk, N 4 & oc E . . d 1 w 8 . , VII. (a) It is sold or supplied to a creamery or ss. 17, 17A., factory or, person on an agreement pro- viding for a butter-fat test; or

9090 ss. 21, 22. DAIRY PRODUCE. DairyProduceAct. 10 GEO. V. No. 15, (b) 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 sepa- rated milk; (ii.) Any sweetened condensed milk which con- tains less thart the prescribed percentage of butter-fat and the prescribed percentage of solids other than butter-fat, .unless it is sold or supplied as condensed separated milk, and every package containing it, whether sold or supplied wholesale or retail, is marked "con- densed separated milk" as prescribed; (iii.) Any ~ utter which contains less than the pre- scribed percentage of butter-fat or more than the prescribed percentage of water; (iv.) Any cheese which does not comply with the prescribed standard; (v.) Any cream which contains less than the prescribed percentage of butter-fat. No owner of a factory shall knowingly buy any cream which contains less than the prescribed percentage of butter-fat. Adultera. 21. (1.) No person shall mix with or add to or use ~ ~ dw. VII. ~ n the. manufacture o~ <l:airy produce any extraneous No. 18, s. 18. mgredIent of any deSCriptIOn: Provided that, subject to the regulations, nothing herein contained shall prevent pure sugar, common salt, or any approved coagulative or colouring ingredient or antiseptic or preservative preparation allowed by or under the Health Acts from being mixed with or added to or used in the manufacture of dairy produce. (2.) No person shall sell or supply any dairy produce in respect of which any ingredient has been mixed, added, or used in contravention of this section. ~ ll products 22. (1.) Dairy produce inspected and graded shall ~ n: ~ ~ ~ ~ ~ to be graded according to quality, and shall be marked by &c. 'the inspector, according to the classes into which it has lb. s. 2l. been graded, with the prescribed marks. (2.) The Minister may authorise the withholding or cancellation of any grade-mark or certificate of quality ,

DAIRY PRODUCE. ss. 23-25. 9091 1920. DairyProduceAct. in relation to dairy produce shipped as ordinary cargo or in refrigeratirLg chambers considered defective by an 'inspector. (3.) Except as provided by this Act, no inspector's mark shall be altered or obliterated, whether the dairy produce is for sale in Australia or elsewhere. 23. Every person employed to test milk or cream, Who may or to grade cream supplied to a factory, shall, before he test or grade. enters into or continues such employment, have the qualifications and pass the examination prescribed and shall hold a certificate to that effect. ,24. Dairy produce shall not be marked as inspected Grad~ ng, unless. or until all the provisions of this Act have been ~ ~ d' , ? ~ o. complIed with in respect to such produce and the packages in which it is contained. 25. (1.) Unless otherwise prescribed, there shall be Labelling, affixed in approved manner to every package contai.nmg mark~g, &0. dairy produce a statement showing the net weight of the contents. (2.) It shall be unlawful to affix to any package con- taining dairy produce any particulars which are contrary to fact or which are or may be misleading. (3.) The manufacturer, agent, or owner of dairy produce, as the case may be, shall deliver to an inspector in connection with each consignment of dairy produce such particulars, in prescribed form, as are deemed necessary for the proper examination and grading of the dairy produce. (4.) All dairy produce manufactured for sale must be packed or wrapped in such manner that the registered mark of the manufacturer, agent, packer, or seller is clearly depicted on the package. (5.) When dairy produce is repacked and placed under a registered mark other than that of the actual manufacturer, the word "tepacked" must appear upon the package. (6.) Subject to this Act, a registered factory may pack dairy produce under the registered mark of an exporter, agent, or seller, provided it is stated upon the package that such dairy produce is packed to the order of such exporter, agent, or seller.

9092 ss. 26,27. DAIRY PRODUCE. DairyProduceAct. 10 GEO. V. No. 15, Grading for 26.. (1.) It shall not be lawful to export beyond the :x~ ~ ~ : VII. Commonwealth any dairy produce the produce of the No. 18, s. 19. State, until the same has been inspected, graded, and marked under this Act. . (2.) A certificate of such grading shall be supplied to the person exporting the dairy produce and to the person who has manufactured it. (3.) Butter shall not be so exported unless it has been kept at the prescribed temperature for the prescribed time. (4.) Butter shall not be shipped as refrigerated cargo at a higher temperature than that prescribed. (5.) If it is found by an inspector the.t the dairy produce is of a grade different from that indicated by the registered mark on the package, such inspector shall give notice to the owner that such dairy produce cannot he exported or sold under the mark indicated on the pfl.ckage. Certain fraudulent acts. lb. s. 22. 27. Every person who- (i.) Alters or obliterates, wholly or partially, or causes to be altered or obliterated, an inspec- tor'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 purport- ing to be the mark of an inspector or of the manufacturer or packer, either with the- proper marking instruments of such 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 product; . any old package which has previously been used, without effacing all previous marks placed thereon by an inspector; shall be liable to a penalty not exceeding one hundred pounds.

DAIRY PRODUCE. ss. 28-31. 9093· 1920. DairyProduceAct. 28. Every perso.n who., being in the emplo.y o.f any o.ffences by manufacturer o.r packer o.f dairy pro.duce- e 4 m E p d l w oy . e V es I . I. (i.) Hires o.r lends the marks o.r marking instru- No. 18, s, 23. ments o.f his emplo.yer to. any perso.n ; (ii.) Co.nnives at o.r is privy to. any fraudulent evasio.n o.f this Act with respect to. any such marks, shall be liable to. a penalty no.t exceeding fifty po.unds. 29. Every inspecto.r who.- (i.) Hires o.ut o.r lends his marking instruments to. o.ffences by any perSo.n; i l n b s . p s e . c 2 to 4 r . . (ii.) Furnishes info.rmatio.n fo.r the purpo.se o.f co.m- . piling any do.cument o.r gives a certificate o.f qualIty witho.ut having perso.nally perfo.rmed the necessary inspectio.n, o.r wilfully supplies o.r causes to. be supplied any false o.r untrue statement; (iii.) Co.nnives at o.r is privy to. any evasio.n o.f this Act; shall be liable to. a penalty no.t exceeding o.ne hundred po.unds, and shall fo.rfeit his o.ffice and be disqualified fro.m ever after ho.lding the same. 30. Any perso.n who. thinks himself aggrieved by any Appeal to o.rder o.r decisio.n o.f an inspecto.r o.ther than an o.rder to. pOIi<:e C1eanse o.r t 0. remo.ve o.r I,S.O. 1a t ,e any perso.n a :ff ect ed Wl 'th l m b a . g 2 i . s 1 tr 1 a . te. disease, o.r a decisio.n in respec~ o.f grading, may appeal therefro.m to. a po.lice magistrate sitting in petty sessio.ns o.n giving to. such inspecto.r the prescribed no.tice in writingo.f his intentio.n so. to. do.. Such po.lice magistrate shall hear and determine the matter o.f the appeal, and his decisio.n shall be final, and shall be enfo.rced as if it were an o.rder made fo.r a breach o.f duty, under *"The Justices Acts, 1886 to 1909." The Co.sts o.f and o.ccasio.ned by any such appeal shall be determined by the po.lice magistrate, who. may, in his discretio.n, order that the same shall be paid by either party. 31 Every perso.n who- Offences. (i.) Sells or prepares, manufactures, expo.rts, o.r lb. ss. 25, 2b supplies any dairy pro.duce in contraventio.n o.f this Act; * 50 Vie. No. 17 and amending Acts, 8'Upra, pages 1132 et Beg. . I

9094 s.32. DAIRY PRODUCE. ------------------------------------------------ DairyProduceAct. 10 GEO. V. No. 15, (ii.) Resists or obstructs an inspector, expert, or , officer in the course of his duty; (iii.) Refuses to give information or gives false information in answer to any inquiry made by an inspector, expert, or officer in the course of his duty; (iv.) Refuses or neglects to obey the order of an inspector; (ir.) Refuses or neglects to give any prescribed notice; (vi.) By any act or omission is guilty of any con- travention of this Act for which no specific penalty is provided; sh'\ll be liable to a penalty not exceeding ten pounds. 1£ an owner or occupier 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 com- plai.nt of such inspector, may make an order directing the inspector to carry out the work at the expense of the owner or occupier, and the inspector shall cause the work to be carried out accordingly, and may recover from the owner or occupier the expense of doing the work, by action in any. court of competent jurisdiction. All such expenses shall aIso be and remain a first charge upon the dairy produce premises or dairy produce, notwithstanding any change that may take place in the ownership of them or any of them. I The remedies conferred by the foregoing provisions shall be in addition to the powers conferred upon a police magistrate under the last preceding section of this Act. Regulations 32. The Governor in Council may from time to time le· . ~ Ed1,;· vti6 make regulations with respect to all or any of the S~ h. matters mentioned in the Second Schedule to this Act. Regulations with respect to dairy produce or dairy produce premises may be made to apply to dairy produce generally, or any class or kind of dairy produce and to dairy produce premises generally, or to any class, kind, or description of dairy produce premises. The regula.tions may impose a penalty not exceeding thirty pounds· for any breach thereof. All such regulations on being published in the Gazette shall have the force of law, and copies thereof shall be

DAIRY PRODUCE. ss. 33-35. 9095 1920. DairyProduceAct. laid before both Houses of 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 ~ arliament passes a resolution disallowing any such regulation or amendment thereof, of which resolution notice has been given at any time within fourteen sitting days of such House after such regulation or amendment thereof has been laid before it, such regulation or amendment thereof shall thereupon cease to have effect, but without prejudice to the validity of anything done thereunder in the meantime. For the purposes of this Act, the term" sitting days" shall mean days on which the House actually sits for the despatch of business: Provided always that if such regulations and amendments thereof, if any, are not duly laid before Parliament as hereinbefore prescribed they shall there- upon cease to have any force, effect, or operation whatsoever. 33. All proceedings in respect of penalties for Proceedin~ s offences against this Act may be heard and determined 4foEr dpwen. aVltIIIe.s. by complaint in a summary way under *" The Justices No. 18, s.28. Acts, 18S6 to 1909." 34. In any legal proceeding under this Act- (i.) It shall not be necessary to prove the boun- Evidence. darl· eS 0 f any d' IS t TI . C t or t'he appo.m t men t or lb. B. 29. authority of any inspector, expert, or officer acting or purporting to act in the execution of this Act; (ii.) 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; iii.) The onus of proof that any dairy produce was not exposed or distributed or offered for sale or wa s not intended for the food of man shall be upon the party charged. 35. No person who has not first obtained, in the Certain' prescribed manner, a certificate that he is able to read ! : ~ t~ ¥ : ted and write from dictation words in the English language . of not less than fifty words shall be employed in or take • 50 Vic. No. 17 and amending Acts, supra, pages 1132 et seq. .J

9096 s. 36; Sch. I. DAIRY PRODUCE. DairyProduceAct. 10 GEO. V. N(}. 15, part in the working of any registered dairy produce premises, under a penalty of one pound for each such person for every day during which such person is em- ployed in or takes part in the working of such premises. The Governor in Council may from time to time make Regulations- (i.) For the examination and granting of certifi- cates of ability to read and write from dictation words in the English language; (ii.) For the exemption from the operation of this section of any persons or classes of persons whom for any reason it is not considered necessary to examine. Weekly 36. In t.his section the term "Owner," without ~ : rlft' : ~ ~ 7 limiting the meaning assigned to the term in the interpre- duty. tation section of this Act, means every owner of any dairy N 4 o E . d 1 w 8 . , V s. I 3 I 1 . . produce pre·mIses, conveyance, or vesseI, and every milk . seller. Notwithstanding anything contained in any other Act or award made thereunder, 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 weekday of each week. Any such owner who fails to give such half-holiday to such employee shall 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 I. LIST 01' DIsEASES. In Human Beings-:- Dipl}theria, Scarlet Fever, Skin Diseases. Smallpox, Tuberculosis, Typhoid Fever, Venereal Diseases, Measles, Erysipelas, or any other contagious or infectious disease, other than Influenza. In Stock- Abscesses, Actinomycosis, Anthrax, Contagious Abortion. Blackleg, Foot and Mouthpisease, Malignant Catarrh, Malignant Growths (Cancer), Mammitis (Udder and TJ'la.t Inflammation), Pleuro-pneumonia conta.giosa, Rinderpest. Texas or Tick Fever, Tuberculosis, Variola.

1920. DAIRY PRODUCE. DairyProduceAct. Sch. 11. ss. 1-9. 9097 SCHEDULE n. SUBJECT MATTER FOR REGULATIONS. 1. The powers and duties of inspectors, experts, and officers. Officers. 2. The qualifications of inspectors, experts, and officers, and requiring Qualifica- that before appointment they shall give by examination ortion. otherwise satisfactory evidence of their competency. 3. The qualifications and examination of persons employed in the Cream and testing and grading of cream and milk at factories and milk te~ters. creameries. The conditions on which certificates of competency may be issued or revoked. Requiring the employment of certificated persons as cream and milk testers and graders. 4. The conditions on which dairy produce premises may be regis- Registration tered, and the registration of the same. of premises, Requiring that before registration dairy produce premises shall be &c. approved by an inspector or other authorised officer. In the case of a factory, requiring that the application for' registration or renewal of registration thereof shall be acconi- panied by a statement showing all the marks in facsimile used by the factory upon each grade of dairy produce manubctured or pack~ d therein : Provided that in' the case of any class of dairies or factories whirh, by reason of their situation in a town or their small output of dairy produce 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 regis1jration of such premises as in the opinion of the Governor in Council will sufficiently ensure the proper regulation of the same. 5. The licensing or registration of persons carrying on the manufac-Licensing, ture or sale or packing of dairy produce. &c., persons. 6. The construction, drainage, ventilation, cleansing, lime-washing, Construction and disinfection of da~ ry produce premises and creameries, dairy of premises, houses, milking sheds, and other rooms and places and con- &c. veyanc€s used for or in connection with dairy produce, and of utensils, machinery, equipment, apparatus, and works thereat or therein. The nature, design, construction, situation, and use of the buildings and structures necessary upon dairy produce premises. 7. The situation of dairy produce premises in order to prevent Situation of injury to dairy produce from piggeries, stagnant water, offensive premises. trades, or any contaminating source. S. Restricting the use of dairy produce premises or parts thereof Restl/icting solely to certain purposes. use to certain purposes. 9. The construotion, situation, and oondition of sanitary oonveniences Sanitary on dairy produce premises; prohibiting cesspools or cesspits conveni- thereupon. enctls. D

9098 Sch. 11. SS. 10-27. DAIRY PRODUCE. DairyProduceAct. 10 GEO. V. No. 15, Preventing 10. The precautions to be taken against the introduction or spread of disease. disease on dairy produce premises or conveyances. Swine, &c. 11. Prohibiting or regulating the keeping of swine upon dairy' produce premises or within a certain distance therefrom or from any open water supply fur such premises. The construction and situation of pigsties and the conditions under which swine and other domestic animals are kept or enclosed on dairy' produce premises. \ Fowlhouses 12. Regulating the situation of fowlhouses and manure heaps upon and manure heaps. or near dairy' produce premises. Drainage 13. Regulating the drainage from places where stock or pigs are from stockyards, &c. kept in cases where any dairy produce premises or any open water supply therefor may be prejudicially affected. Water supply. 14. Preventing the pollution of the water supply' of dairy produce premises. Whey. 15. The removal, sterilisation, and treatment of whey. Maturing . 16. The insulation of maturing rooms for cheese. rooms. Floors. 17. Requiring certain dairy produce premises or parts thereoI to have impervious watertight floors. Nuisances. 18. Preventing nuisances in or neaf da.iry produce pmmises. Diseased 19. The use, control, and treatment of diseased or suspected stock stock. on dairy produce premises. Tests for 20. The application or making of any test for the detection of disease. disease in stock. Compensa- 21. The mode of determining the amount of compensation to be paid tion. for stock destroyed. Containers, 22. Regulating the Si7£, design, material, composition, and finish of &c. m:ilk and cream cans and any other utensil or appliance or package used in connection with dairying. Cold stores, 23. The inspection of cold stores and conveyances used or intended conveyances, to be used for the storage or carriage of dairy produce. &c. The cleansing and disinfection, and the method or means 0 f controlling the temperature of the same. Aeration,&c.24. The neutralisation, pasteurisation, aeration, and cooling of dairy produce. Tempera- ture. 25. Prescribing the temperatures at which dairy produce shall be held in cold store or during transit and the temperature of the same at the time of loading on to a vessel. Preserva- 26. The use of approved preservatives or colouring matters for dairy tives, &c. produce. Inspection of 27. The inspection, at the cost of owners of factories, of cream creanl, &c. supplied to them, and the periodical sampling and testing of such cream. Imposing suoh further conditions with respeot to the quality of cream so supplied as will tend to ensure the manufacture of high-grade butter.

DAIRY PRODUCE. Sch. 11. ss. 28..35. 9099 1920. Dairy _ Produce Act. 28. The manufacture, packing, checkweighing, churn marking, vat Grading, &c. marking, date markin,g, exam,jnation, and grading of dairy - produce. The description, size, and character of marks to be used or affixed by martufacturers, agents, or sellers. The description of the marks to be used by inspectors. The names or designations to be given to various grades. The grading of dairy produ~ e at factories and-at depots. The conditions on which the testing of m,jlk or cream may be made for the information of suppliers. 29. The registration of marks llsed by owners or manufacturers or Marks, &c. packers or sellers of dairy produce. The employment of such marks by manufacture.rs, packers, or sellers, for the purpose of indicating the quality of dairy produce in accordance with the grade thereof. Requiring that packages of dairy produce sent out from any factory shall bear the proper registered mark. _ Prohibiting the use of unregistered marks in connection with dairy produce. Prohibiting the use of registered marks in connection with dairy produoe not .manufactured by the factory with respect to which such marks are registered. ~ . Prescribing standards of composition for dairy produce, by- Standards of products derived from the same, or substances employed composition. in the manufacture of dairy produce. Prescribing a minimum standard of butter-fat in cream. :31. Prescribing standards for the composition of rennet and forbidding Rennet. sale of any other ingredients under that name. The maximum percentage of lactic acid and the maximum and Lactic acid, m,jnimum percentage of butter-fat to be contained in any milk &0. , or cream delivered at any factory or depOt for the manufacture of dairy produce. :32. Requiring owners of factories to furnish to a State officer, at Crea~ specified intervals, lists of their cream suppliers with particulars supplIers. of the percentagt}s of butter-fat in the various deliveries. :33. Requiring the owners or managers of butter factories to compile Returns of and forward' within a prescribed time, monthly, to the Under butt~ - fa~ Secretary a full and accurate statement.in the prescribed form ~ ' : . c ase , and to be verified in the prescribed manner, and showing the grade and exact amount of butter-fat or commercial butter equivalent purchased or received from and credited to suppliers by each factory during the preceding month, and the grade and amount of commeroial butter actually manufactured therefrom. Requiring a copy of such return shall be made available at each factory when required by an inspector. :34. The basis of payment for m,jlk or cream supplied to factories. Basis of payment~ :35. The furnishing of advice dockets to suppliers of cream by Advice managers of factories, and the form of such dockets. dockets.

9100 8ch. 11. ss. 36-44. DAIRY PRODUCE. Dairy Produce Act. 10 GEO. V. No. 15,1920. Bkeopotk. s to be 36. Pretshceribwinegigh b t o s ~ a k n s dttohebreeskueltpstoifnteasntsyoffamctiolkryanodr cdreepaOmt rsehcoewiviendg at such factory or depot, and the weight and grade of butter or cheese actually manufactured in any such factory. eMsteitmhoadtinogf . 37. Theof mbeuthttoedr oobf taeisntaimblaetifnrgombuc' trteearm-faat nrdestuhlets aamnoduntht eofamchoeeusnet- obtainable from milk supplied to any factory or depot. Sample6. 38. The conditions upon which and manner in which samples of dairy produce or water or any ingredient or material used in the preparation or manufacture or packing of dairy produce may be taken, and the mode of dealing with the same. Condemned 39. The disposal of condemned dairy produce. produce. Forms. 40. The form of any notice, licen~ e, certificate, 01' other document under this Act; the forms of statements and advices required under this Act to be made. Time. 41. The time within which any notice must be given. Expenses. 42. The payment and recovery of expenses in respect of dairy produce premises, conveyances, dairy produce, and stock. Fees. 43. The imposition and collection of fees for defraying the expenses of carrying this Act into effect. The imposition and collection of fees payable by an owner, manufacturer, or agent of dairy produce for certificates given in respect of grading by points, and other matters. Generally. 44. Any other matters necessary for the efficient administration of this Act. DISCHARGED SOLDIERS' SETTLEMENT. See LAND, CROWN. FACTORIES AND SHOPS. See LABOUR. FAIR RENTS. See LANm,ORD AND TENANT. FARMERS, ADVANCES TO. See AGRICULTURE.