Dairy Produce Acts Amendment Act of 1935 (26 Geo v No. 25) (Qld)

15396 DAIRY PRODUCE. Dairy Produce Acts Amendment Act. 26 GEO. V. No. 25, DAIRY PRODUCE. 26 N G o e . o 2 . 5 V . . An Act to Amend "The Dairy Produce Acts, 1920 D T A H IR E Y to 1934," in certain particulars, and for PRODUCE ACTS other purposes. AMENDMENT ACT OF 1935. [ASSENTED TO 5TH DECEMBER, 1935.] B E it enacted by the King's Most Excellent Majesty, by and with the advice and consent of the Legis- lative 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 Dairy Produce :truction.Acts Amendment Act of 1935," and shall be read as one with *" The Dairy Produce Acts, 1920 to 1934," herein collectively referred to as the Principal Act. The Principal ,Act and this Act may collectively be cited as " The Dairy Produce Acts, 1920 to 1935." Amendments of the Principal Act. Amendment 2. Section three of the Principal Act is amended, of s. 3. as follows:- (a) In the definition of " Dairy produce," after the word "cheese," the words "processed cheese" are inserted. . (b) In the definition of "Factory," after the word " cheese," the words " processed cheese" are inserted. (c) After the definition of "Association" the following new definition "Bail" is inserted, namely:- Ball. " " Bail "-An approved structure forming that part of a shed wherein cows are fastened for the purpose of milking." Processed cheese. (d) After the definition of "Prescribed" the following new definition of "Processed cheese" is inserted, namely:- " " Processed cheese "-Any cheese that has been submitted to the process of comminution, pasteurisation, and/or re-emulsification." * 10 Geo. v. No. 15 and amending Acts, 8upra, pages 9079 et 8eg. See Alphabetical Table.

DAIRY PRODUCE. 15397 1935. Dairy Produce Acts Amendment Act. (e) The definition of "Milking shed" is repealed and the following new definition is inserted in lieu thereof, namely:- " "Milking shed "-An approved structure con- Milking taining the bails and forming the covered-in shed. portion of a place where cows are gathered for the purpose of milking." (f) After the definition of "Milkshop" the following new definition "Milking yard" is inserted, namely:- . " "Milking yard "-An enclosed area where Milking cows are held adjacent to the milking shed yard. prior to or after milking." 3. Section six of the Principal Act is amended, as Amendment follows :_ of s. 6. (a) Paragraph (a) of subsection two of the said section is repealed and the following new paragraph is inserted in lieu thereof, namely :- " (a) A registration of a dairy, when granted, shall continue in force until cancelled." (b) Subsection three of the said section is amended by the addition thereto, after the word " Factory" and figures" £1 " of the words and figures-. Other dairy produce premises or conveyances .. 0 2 6 and by the addition thereto, after the word " milkshop," of the words " or milk vehicle." CC) Subsection five is repealed and the following new subsection five is inserted in lieu thereof, namely:- "(5.) No person shall use any premises as dairy produce premises unless or until the same is registered under this Act." (d) Subsection six of the said section is repealed. (e) Subsection seven of the said section is amended by the insertion therein, before the word " cancelled," of the words" transferred or." 4. The following new section 12A is inserted, after New s. 12A. section twelve of the Principal Act, as follows : - "[12A.] The owner of any swine shall so confine Owner to them that they shall not be permitted to be or to approach co~ fine or to remain within one hundred and fifty feet of any swme. dairy produce premises wherein dairy produce is kept or stored."

15398 DAIRY PRODUCE. Datiry Produce Acts Amendment Act. 26 GEO. V. No. 25, Amendment 5. Section 14A of the Principal Act is amended by of s. 14A. the insertion therein, after subsection one, of the following new subsection, numbered twO:- Prescribed " (2.) The owner of a factory shall keep such books, tbooobkes,k & ep c t ., . accounts, registers, documents, or writings as may be prescribed and in the form prescribed." And subsection two is renumbered subsection three accordingly. Repeal of 6. Section sixteen of the Principal Act is repealed s. 16. and the following new section is inserted in lieu thereof :- Payment for " [16.] (1.) Cream supplied to a factory shall, ' : Jl~ ~ and according to the grade of the cream, be paid for- (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. (2.) Milk supplied to a factory shall, according to the quality of the milk, be paid for- (a) On the basis of the butter-fat content, estimated in the prescribed manner; or (b) On the amount of cheese obtainable from such milk, estimated in the prescribed manner. Notice of diversion of supply from factory. (3.) No person shall divert his supply or portion of his supply of cream from one factory to another unless he shall have first given to the owner of the factory from which his supply or portion of his supply of cream is being diverted twenty-eight days' notice on the form prescribed of his intention to so divert his supply or portion thereof, as the case may be. No person supplying milk to a cheese factory shall divert the cream obtainable from his milk supply or any portion thereof to a butter factory unless his dairy premises comply with the requirements of this Act for the purpose of supplying cream.

DAIRY PRODUCE. 15399 1935. Dairy Produce Acts Amendment Act. No person shall divert his supply or portion of his supply of milk from one factory to another unless he shall have first given to the owner of the factory from which his supply or portion of his supply of milk is being diverted twenty-eight days' notice on the form prescribed of his intention to so divert his supply or portion of his supply, as the case may be: Provided that no person shall be guilty of an offence against this section if he satisfies the court that the diversion of his supply or portion of his supply was owing to stress of weather or other circumstances beyond his control. (4.) The owner of a factory' shall within twenty-one Owner of days after the expiration of every month forward to the ~ c~ory to Under Secretary a statement showing the quantity of each m~ n: hly grade of cream and/or milk received, the quantity of return ~ each grade of butter and/or cheese and/or processecl ~ ~ ~ : ~ ~ d. c., cheese manufactured in the factory, and the quantity and grade of butter and/or butter-fat and/or cheese for which suppliers of cream and/or milk have been paid during such month and the rate of payment and/or such other particulars as may be prescribed." 7. The following new section 16B is inserted, after New s.16B. section 16A of the Principal Act, as follows:- "[16B.] (1.) The Minister may upon the recommen- Notification dation of an owner of a factory notify any road or of oream roads or port I·On 0 f a road or roads as a cream rout e. routes. Any such notification shall be published in the Gazette. Thereupon the owner of a factory may, subject to the approval of the Minister, issue a license to a carrier or carriers to convey cream over such cream route on such terms and conditions as may. be agreed upon by the owner subject to the Minister's approval. (2.) No person shall upon a notified cream route Carriers on convey cream, and the owner of a factory shall not ~ ~ e~ : routes accept cream so conveyed from any person unless such licensed. person is in possession of a subsisting license in respect of such cream route: Provided that this subsection shall not apply in respect to cream which is delivered under prescribed hygienic conditions by the person who produced such cream. (3.) All licenses issued under this section by the Period of owner of a factory may be for such period as may be lieenseA. prescribed.

15400 DAIRY PRODUCE. Dairy Produce Acts Amendment Act. 26 GEO. V. No. 25, .The Minister may, and at his absolute discretion, cancel any such license. C0? - TImit~ ee. (4.) The Minister may appoint a committee as ~ ~ : vestlga- prescribed for investjgating, enquiring into, and reporting to him on the following :- (i.) Any matters arising out of section 16A of this Act. (ii.) The conditions upon which an owner of a factory may recommend the notification of a cream route or routes. (iii.) The advisability of notifying a cream route or routes in localities where no recommenda- tion has been received from an owner of a factory. (iv.) The consideration of any tender or tenders in regard to the character and equipment of the applicant, and capacity of the applicant to satisfactorily comply with the conditions laid down. (v.) Any dispute or disagreement arising out of the transport of cream. (IJi.) The varying or cancellation of existing contracts or licenses. Power of (5.) Notwithstanding anything eontained in this l M ic i e n n~ is ~ f t i e , r re section, the Minister may adopt the whole or part of the :recommendation of the said committee, and may in his absolute discretion notify any road or roads or portion of a road or roads as a cream route and issue a license to a carrier or carriers to convey cream thereon on such terms and conditions as he may think fit." Amenoment 8. The second paragraph of subsection one of of s. 17. section seventeen of the Principal Act, being the para"; graph commencing with the words "It shall" and ending with the word "qualities," is repealed, and the following new paragraphs numbered (a) and (b) are inserted in lieu thereof, namely;- " (a) Cream received at a factory shall be graded as being of choice grade, first grade, or second grade according to the quality of the cream. This shall not prevent the owner of a factory accepting cream below second grade provided that such cream is graded as pastry grade.

DAIRY PRODUCE. 15401 1935. Dairy Produce Acts Arnendment Act. (b) Milk received at a factory shall be graded as being of first grade or second grade according to the quality of the milk." 9. Section nineteen of the Principal Act is amended Amendment by inserting, after the word "decomposition," the of s. 19. words " or is unfit for the food of man." I O. Section twenty of the Principal Act is amended, Amendment as follows:- of s. 20. (a) Paragraph (v.) of the said section is repealed. (b) The following new paragraphs numbered Tespectively (v.), (vi.), and (vii.) are inserted after paragraph (iv.) of the said section, namely : - " (v.) Any processed cheese which does not comply with the prescribed standard; (vi.) Any cream which contains less than the prescribed percentage of butter-fat; (vii.) Milk to a cheese factory later in the day than at the hour prescribed." • (c) The last paragraph of the said section, being the paragraph beginning with the words" No owner" and ending with the words" of butter-fat," is repealed and the following paragraph is inserted in lieu thereof, namely:- " The owner of a factory shall not buy or receive any milk and/or cream which does not comply with the prescribed standard or standards." 11. Section twenty-three of the Principal Act is Amendment amended~ as follows :_ of s. 23. (a) The said section is renumbered subsection one of section twenty-three. (b) The following new subsections, numbered Tespectively two and three, are added to the said section, namely:- " (2.) Every person employed to make butter and/or cheese shall before he enters into or continues such employment have the qualifications and pass the examination prescribed and hold a certificate to that effect.

15402 DAIRY PRODUCE. Dairy Produce Acts Amendment Act. 26 GEO. V. No. 25, (3.) Provided that if a person produces satisfactory evidence that he is sufficiently qualified as a milk and cream tester, or grader, or butter-maker, or cheese- maker, as the case may be, irrespective of whether such competency was obtained in any State of the Common- wealth or in the Dominion of New Zealand,· the Minister may exempt such person from examination and order that a certificate be issued to him." Amendment 12. In section thirty-one of the Principal Act the of s. 31. words "penalty not exceeding ten pounds" are repealed, and the words "penalty not exceeding thirty pounds " are inserted in lieu thereof. Amendment 13. Schedule n. to the Principal Act is hereby n of . Schedule amended, as follows : - Clause 3. (a) Clause three is repealed and the following new clause is inserted in lieu thereof :- "(3.) The qualifications and examinations of persons employed in the manufacture, testing, and grading of dairy produce at dairy produce premises. The conditions on which certificates of competency may be issued or revoked. Requiring the employment of certified persons as makers, testers, and graders of dairy produce." Clause 4. Clause 5. (b) In clause four the second paragraph, being the par~ graph beginning with the words" Requiring that') and ending with the words "authorised officer," is repealed. (C) Clause five is amended by the addition of the following paragraphs :- "The licensing of persons and/or conveyances engaged in the carriage of dairy produce. Prescribing conditions governing the acceptance of tenders from carriers of dairy produce. Prescribing forms, dockets, waybills, invoices, and forms of agreement used by factories or carriers in respect to the carriage of dairy produce. Prescribing methods of payment to carriers of dairy produce.

DAIRY PRODUCE. 15403 1935. Dairy Produce Acts Amendment Act. Prescribing the conditions under which a committee shall be appointed to act as an advisory body in connec- tion with the transport of dairy produce. The registration of vehicles used for the sale of dairy "produce. " (d) Clause six is amended by the insertion of the Clause 6. word "painting," after the word "cleansing," and by the repeal of the words " and creameries," and by the addition of the following new paragraph, namely : - "The materials to be used in the construction of dairy produce premises and the manner of construction and the prescribing of standards for all equipment, plant, machinery, utensils, packages, materials, or ingredients used in connection with dairy produce." (e) Clause seven is amended by adding the following Clause 7. new paragraph, namely:- " The conditions under which dairy produce shall be stored and/or held for sale." (f) Clause eight is amended by adding, after the Clause 8. word "purposes," the following words: - " and prohibiting the use of dairy produce premises or parts thereof for purposes other than as prescribed." (g) Clause eleven is amended by adding the following Clause ll. new paragraph, namely:- " Provision for preventing swine from becoming a nuisance to dairy produce premises." (h) Clause fifteen is amended by adding, after thecJause 15. word" whey," the following words :-" and regulating the conditions under which curd or casein may be manufactured, kept, dealt with, or conveyed." (i) Clause seventeen is amended by inserting after Clause 17. the word "watertight," the words "and efficiently drained." (j) Clause twenty-two is amended by repealing the ClaUEe 22. word " dairying," and inserting in lieu thereof the words " dairy produce." (k) Clause twenty-four is amended by inserting the Clause 24. word" straining" after the word" aeration"

15404 DAIRY PRODUCE. Da1:ry Produce Acts Amendnulnt· Act. 26 GEO. V. No. 25, Clause 27. Clause 28. (l) Clause twentYDseven is amended by inserting the words" and treatment" after the word" quality;" in the second paragraph thereof, and by adding the following new paragraphs, namely :- . "Imposing conditions with respect to the delivery of milk to cheese factories. Prescribing a definite hour by which cleansing of utensils, equipment, and dairy premises shall be completed. " (m) Clause twenty-eight ~ s amended by inserting the word" weights," after the word" checkweighing," in the first paragraph thereof. Clause 29. (n) Clause twenty-nine is amended by inserting the words "the origin of manufacture and," after the word "indicating," in the second paragraph thereof, and by repealing the words "any factory" and inserting in lieu thereof the words "any dairy produce premises" in the third paragraph thereof, and by inserting the following new paragraphs after the second paragraph thereof, being the paragraph beginning with the words " The employment" and ending with the words " grade thereof," namely :-- "Prescribing that where dairy produce does not comply with the quality as indicated by the mark, provision may be made for its repacking or remarking in a suitable manner to indicate its true quality. Prescribing that where dairy produce is offered for sale its quality shall not be misrepresented by any exhibit, writing, or advertisement." Clause 32. (0) Clause thirty-two is amended by adding the following new paragraph, namely:- " Requiring the owner of a factory to furnish to the Under Secretary within a prescribed time and in the prescribed form lists of suppliers of dairy produce who have commenced or ceased to supply during the preceding month." . Clause 33. (p) Clause thirty-three is repealed and the following new clause is inserted in lieu thereof :-. ," Monthly "(33.) Requiring the owner of a factory to compile : } 8; : ~ ~ t& c. and forward within a prescribed time, monthly, to the Under Secretary a full and accurate statement in the

DAIRY PRODUCE. 15405 1935. Dairy Produce Acts Amendment Act. prescribed form and to be verified in the prescribed manner, and showing the grade and exact amount of dairy produce or butter-fat or cheese 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 dairy produce actually manufactured therefrom and such other particulars as may be prescribed. Requiring the owner of a factory to compile and forward within a prescribed time, monthly, to the Under Secretary a full and accurate statement in the prescribed form to be verified in the prescribed manner of all cheese received and/or purchased and the quantity of processed cheese processed or manufactured therefrom." (q) Clause thirty-five is amended by the wordOlause 35. " cream " being repealed and the words" dairy produce" inserted in lieu thereof. (r) Clause thirty-six is repealed and the following Clause 36. new clause is inserted in lieu thereof : - " (36.) Prescribing the books to be kept in any Books to be factory and the particulars to be recorded in such books." kept. (8) Clause thirty-nine is repealed and the following Clause 39. new clause is inserted in lieu thereof : - dispo"s(a3l9o.f) cTohnedemdenteedntdiaoinry opfroddauicrey. " produce and the dDpareoitrdeyuntcieo; n of disposal of condemned dairy produce. (t) Clause forty is amended by inserting, after the Clause 40. word" license," the word" registration." (u) Clause forty-one is amended by adding, after Clause 41. the word "given," the words "and/or wit.hin which any form must be furnished." DEBTS ADJUSTMENT, FARMERS' ASSISTANCE. See PRIMARY PRODUCE (l). DENTAL AMENDMENT. See MEDICAL (2). DISEASES IN PLANTS. See AGRICULTURE. D