Diseases in Poultry Acts Amendment Act of 1940 (4 Geo Vi No. 8) (Qld)

17970 POULTRY. Diseases in Poultry Acts Amendment Act. 4 Gm. VI. No. 8, POULTRY. 4 G N E O O. .8 V . I. An Act to Amend "The Diseases in Poultry Acts, TIlE DISEASES IN 1923 to 1937," in certain particulars, and POULTRY AOTS AlllINDlIENT for other purposes. ACT OF 1940. [ASSENTED TO 16TH OCTOBER, 1940.] 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 Diseases in :!truction. Poultry Acts Amendment Act of 1940," and shall be read as one with *" The Diseases in Poultry Acts, 1923 to 1937," herein referred to as the Principal Act. tCitolell. ective citedTahse " P T ri h n e ci D pa is l ea A s c e t s a in nd Po th u i l s tr A y c A t ct m s, a1y9b23e t c o ol 1 le 9 c 4 t 0 iv ." ely Amendments of the Principal Act. Aofm s. en 2 d . ment defin 2 it . ioInn s"ePctliaocnet"woisof tihnseePrtreidnciapfatleAr ctthtehe dfoelflionwitiiongn " Owner," namely:- Place. " " Place "-Includes any house, shop, structure, building, ship, barge, boat, vehicle, car, shed, stall, or any land or premises whatsoever and wheresoever situated." New B. 7B. 3. The following section numbered 7B is inserted after section 7 A of the Principal Act, namely : - Vendor. "[7B.] (1.) No person shall sell for human consump- ~~ : ;mlc. tion any poultry, or the carcass of any poultry, or any for resaie fa; carcass of poultry, which poultry or carcass was obtained chounmsuamn p- by him from any other person unless he obtained from tion to such other persona delivery note as hereinafter prescribed ~ ~ ~ ~ ry at the time when such poultry or carcass of poultry was note. delivered to him. (2.) Every such delivery note shall be in writing, shall be signed by the person from whom the poultry or carcass of poultry concerned was obtained, and shall contain the following information, namely :- (a) The name and address of the person from whom the poultry or carcass was obtained; * 14 Geo. V. No. 2 and amending Act, supra, pages 10755 et seq.

POULTRY. 1940. Diseases in Poultry Acts Amendment Act. (b) If the person mentioned in paragraph (a) hereof was not the owner of such poultry or carcass, then, in addition to his name and address, the name and address of such owner; (c) The number and species of the poultry or carcasses of poultry delivered; (d) In ~ he case of a delivery on sale, the purchase prICe. (3.) Every person who sells wholesale or retail any poultry or any carcass of poultry for human consumption and who upon demand made by an inspector fails- (a) To produce to such inspector the prescribed delivery note; or (b) To satisfy such inspector that such poultry or carcass is or was poultry, or, as the case may be, the carcass of poultry produced by the person so selling same, shall be guilty of an offence and liable to a penalty of not more than fifty pounds : Provided that nothing in this subsection contained shall authorise an inspector to demand the production of a delivery note in respect of any poultry or carcass of poultry sold more than three months before the date when he makes such demand. (4.) If a delivery note obtained under this section is false in a material particular, the person required by this section to obtain same shall be guilty of an offence unless he proves that he did not know and had no means of knowing of such falsity. (5.) In any proceedings for an offence against this section the averment in the complaint that any poultry, or the carcass of any poultry, or any carcass of poultry was for sale or sold for human consumption shall, in the absence of proof beyond reasonable doubt to the contrary, be sufficient evidence of the facts so averred. (6.) In this section "sell" (with its derivatives) includes offering 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 permitting or allowing to be sold or offered or exposed for sale." 17971

17972 POULTRY. Diseases in Poultry Acts Amendment Act. 4 GEO. VI. No. 8. Amendment of s. 8. 4. A new paragraph (iv.) is added to section eight of the Principal Act as follows, namely : - "(iv.) Enter any place on or from which poultry or carcasses of poultry are or are suspected to be sold for human consumption and search for and inspect any poultry or carcasses of poultry thereon or therein and the prescribed delivery notes relating to such poultry or carcasses of poultry, including the power to seize and detain any poultry ~ carcass of poultry, or delivery note in respect of which there is or is suspected by the inspector to be any contravention of this Act." t AS o cmhtheedneudlme. ents twen 5 ty . -nTihnee, foblolothwiningclculsaiuvsee,s, arneumhbereerbedy tawdednetdy- tooneth to e Schedule to the Principal Act, namely:- Classes and " [21.] Prescribing classes of eggs, fixing and regulating standards sotfaengdgasr.ds fforormthaenyvasritoaunsdacrladsspersesocfreibgegds, inanrdestpheectpeorfmaitntyedpvaarrtiicatuiloanrs c ( l i a f sasnoyf) eggs. The power to fix and regulate standards as aforesaid shall include power to fix and regulate different standards for any prescribed class of eggs. Sale of eggs. [22.] Regulating and controlling the sale of eggs, and either generally or by producers, wholesalers, and/or retailers, and prescribing what practices shall be prohibited in relation to the sale of eggs generally, or in relation to the sale of any class of eggs, or of any class of eggs of a particular standard, or in relation to the sale of eggs by producers, wholesalers, and/or retailers. Processing and treatment of eggs. [23.] Regulating and controlling the processing or treatment to which eggs may be subjected for the purpose of complying with any prescribed classification and/or prescribed standard for any prescribed classification, and prohibiting the use of any prescribed treatment or process for any such purpose. Marking of eggs. [24.] Prescribing the manner in which and the persons by whom eggs of the various classes and/or standards are to be marked, and prohibiting the sale, either generally or by producers, wholesalers, and/or retailers, of eggs, or of any class of eggs, or of any class of eggs of any particular standard which do not bear the prescribed mark, or which bear any mark additional to the prescribed mark. The power to prescribe marks as aforesaid shall include both the power to prescribe the size, type, and particulars of the information to be set forth in any mark concerned and the power to prohibit any information other than the prescribed information from being set forth in any mark.

POULTRY. 17973 1940. Diseases in Poultry Acts Amendment Act. Nothing hereinbefore contained and no regulation made hereunder shall prohibit a producer from marking his name and address upon his eggs, but the regulations may prescribe the manner in which he may do so. For the purposes of this clause and of clauses twenty-one, twenty- two, and twenty-three hereof, and of any regulation made under any of such clauses, the term" sale" (with its derivatives) includes offering 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 permitting or allowing to be sold or offered or exposed for sale. [25.] Providing for and regulating the inspection of any place in, Powers of upon, or from which eggs are sold, whether by the producer thereof insp~ ctorB or any other person, and whether wholesale or retail, including the reiatu;g to powers of entry and search of inspectors, their powers of seizing and sa eo eggs. detaining any eggs in respect of which the regulations hereunder have been or are suspected to have been contravened, the manner in which any eggs so seized or detained shall be dealt with, and penalties for resisting or obstructing inspectors in the exercise or attempted exercise of their prescribed powers and duties. [26.] Prescribing the adoption of hygienic methods, practices, Cleansing utensils, and materials for use in the cleansing and/or packing of and packing eggs and prohibiting the use of any such method, practice, material, of eggs. or utensil which is unhygienic. [27.] Regulating and controlling the manufacture of egg-pulp, Manufacture and prescribing what practices shall be prohibited in relation to the of egg.pulp. manufacture of egg-pulp. [28.]· Regulating and controlling the slaughter of poultry for Slaughtering sale for human consumption, prescribing the standard of construction ~f poultry and/or cleanliness of any place used for such slaughter, prohibiting c~~: the use for such slaughter of any place which fails to comply with any tion. prescribed standard, and generally for securing the cleanliness and freedom from contamination of poultry while in the course of being so slaughtered. [29.] Prescribing by the same or another regulation the district Application or districts in which any regulation made under clause twenty-one, w: ith~ n twenty-two, twenty-three, twenty-four, twenty-five, twenty-six, dlS~ : ~ of twenty-seven, or twenty-eight of this Schedule shall be in force." reg lOllS.