Feeding Stuffs Act Amendment Act 1940 (WA)

1940.] Feeding Stuffs. [No. 20.

FEEDING STUFFS.

4 Ono. V I., No. XX.

No. 20 of 1940.

AN ACT to amend the Feeding Stuffs Act,

1928-1933.

[Assented to 29th November, 1940.]

BE it enacted by the King's Most Excellent Majesty,by and with the advice and consent of the Legis-

lative Council and Legislative Assembly of Western Australia, in this present Parliament assembled, and by the authority of the same, as follows:—

1.    This Act may be cited as the Feeding Stuffs Act Short title .

Amendment Act, 1940, and shall be read as one with the

Feeding Stuffs Act, 1928-1933 (No. 15 of 1928 as amended by the Act No. 20 of 1933), hereinafter referred to as the principal Act.

Awe/tat/teat

2. Section three of the principal Act is amended— of s. 3 of th* principe Art.

fa) by inserting after the definition of "Dealer" a

definition. as follows :—

"Food for stock" shall mean manufactured food for stock and by-products, and also includes any other substance de- clared by the regulations to be food for stock.

No. 20.] Feeding Stuff s. [1940.

(b) by deleting the definition of "Inspector" as it

now stands and inserting in lieu thereof a

new definition as follows :—

"Inspector" means an inspector appointed

under this Act.

(e) by inserting after the definition of "Inspector" "Manufactured food for stock" includes a definition as follows

(a)

all kinds of meals and foods for stock (other than bran or pollard), pre- pared, whether in whole or in part, from one or more kinds of grain, nut, or oils or juices or meats or other substances of a like nature; and

(b) any condimented, patented, or proprietary foods for stock claimed to possess nutritive properties or nutri- tive as well as medicinal properties; and

(c) stock licks.

(d) by inserting after the definition of "Minister"

a definition as follows :—

"Package" includes anything in or by

which any food for stock is cased,

covered, enclosed, contained, or packed.

(e) by inserting after the definition of "stock" a

definition as follows :-

"Stock lick" means any preparation con- sisting of or containing any mineral, inorganic substance, bone, or mineral salt or salts and claimed to supply or primarily intended for supplying min- eral matter to stock; and includes any prescribed preparation consisting of or containing any mineral salt or salts.

...sentiment

of s. 4 of the	3. Section four of the principal Act is amended
principal Act.

(a)	by deleting from subsection (2) the word "pre- scribed" in lines six, twelve, and sixteen of the said subsection;
(b)	by deleting subsection (4).

1940.] Feeding Stuffs. I No. 20.

4. Sections five and five A of the principal Act are f s sangmardt

hereby repealed and the following new sections are "- ofthe	principal Act.
inserted:-

5.1 Every manufacturer or importer of any L'tn erusfaaen-d

manufactured food for stock and any by-product inipiliplioyttieorrs to

shall, within thirty days after the commencement of =tn.

this Act, or within sixty days after the date of his11,,Igitgify°r

commencing in business or trade as a manufacturer products.

or importer of such food for stock or by-product (whichever is the later date) and thereafter in each year on or before the thirtieth day of June in that year, make to the Department of Agriculture an application for registration of such food for stock or by-product in writing in the prescribed form set- ting out

(a)	his name or place of business.
(b)	all marks, figures, words or letters (in this Act referred to as "the distinguishing name") used or intended to be used in connection with every such food for stock or by-product which he then sells or pur- poses to sell during the period ending on the next following thirtieth day of June.
(c)	the place of manufacture thereof.
(d)	the name of the grains, salts or other materials from which such food for stock or by-product is or is to be prepared.
(e)	a chemical analysis of such food for stock or

by-product stating-

(i)   in the case of any food for stock

(other than a stock lick) or a by-product

the minimum percentage of crude pro-

tein;

the minimum percentage of crude fat;

the maximum percentage of crude fibre;

contained in such food for stock or by-pro-

duct; and

(ii)    in the case of a stock lick

the maximum percentage of salt

(sodium chloride);

the minimum percentage of phosphoric acid (R0.), lime, magnesia, iron, sulphur and iodine and of any other prescribed constituent

contained in such stock lick;

No. 20.] Feeding Stuffs. [1940.

(f) such further particulars as may be prescribed. (2) Every such application shall be accompanied

by the prescribed fee.

(3)

If after the thirtieth day of June in any year any manufacturer or importer of any manufactured food for stock or of any by-product proposes to sell any manufactured food for stock or by-product in addition to those already registered pursuant to this Act, such manufacturer or importer shall, before commencing to sell such additional food for stock or by-product, make with respect to the same a like application for registration as hereinhefore pre- scribed.

(4) The registration of any manufactured food for stock or by-product shall, subject to this Act, continue in force until the thirtieth clay of June next following the date of registration.

Approval of

Minister re-	5A. No manufactured food for stock or by-pro-
quired for

registration.

duct shall be registered, save with the approval of

the Minister.

Minister

shall have	5B. (1) The Minister shall cause to be compiled
compiled a

list of manu-	a complete list of all manufactured food for stock
factured food
for stork and	and all by-products registered under this Act, show-
by-products.	ing

(a) the respective distinguishing names of such food for stock and by-products;

(b) the respective chemical analyses required by this Act to be set out in the applications for registration of the same; and

(c) such other matters as may be prescribed.

(2) Such. list may be published in the Government Gazette or the Journal of the Department of Agricul- ture of Western Australia, as soon as practicable after the first day of June in any year.

Labels to he	5C. (1) Every person who sells any manufac- tured food for stock or any by-product shall securely and conspicuously affix a label or brand in accord- ance with this section to every package containing such food for stock or by-product.
packages.

affixed to

1940.] Feeding Stuffs. I :Co. 00.

(2) On every such label there shall be set

out

(a) the name and place of business of the manu-

facturer or importer ;

(b) the distinguishing name of the stock food or

by-product.

(3) The provisions of this section shall not extend

or apply to any package when the net weight of

the contents does not exceed twenty-eight pounds.

(4) Tins section shall extend so as to apply to any block, cake, or slab of manufactured food for stock or by-product which is not contained in a package : provided the net weight of such block, cake, or slab exceeds twenty-eight pounds, and for the purposes of such application a reference to the package containing the food for stock shall be con- strued as a reference to the surface of the block, cake, or slab.

51/ (1) Every person who sells any food for	given by
Invoice to ho

stock (whether paid -for at the time of sale or not)	vendor.
shall, at the time of sale, or within seven days after delivery of the food for stock, or any part thereof, give to the purchaser an invoice certificate stating the name under which such food for stock is sold, and the prescribed particulars (if any) of the nature, substance, and quality of the food for stock and the percentages of nutritive or other ingredients con- tained therein.

(2)

An invoice certificate given by the seller of any such food for stock as aforesaid shall, notwith- standing any contract or notice to the contrary, have effect as a written warranty by the seller that the particulars contained therein are correct.

(3) Where any food for stock is sold under a name or description implying that it was prepared from any particular substance, or from two or more particular substances, and without any indication that it is mixed or compounded with any other sub- stance, there shall be an implied warranty by the seller that it is pure, that is to say, is prepared from that substance or those substances only, or is a pro- duct of that seed or those seeds only.

No. 20.] Feeding Stuffs. [1940.

(4)

On the sale of any food for stock there shall

be an implied warranty by the seller that the article

is suitable for feeding purposes.

(5)

Any statement as to the amount of the nutri- tive or other ingredients of any food for stock made by the seller in any written document relating thereto given to the purchaser, or in any circular or advertisement descriptive of the article, shall have effect as a warranty by the seller that the facts stated are correct.

(6) Provided that, where any manufactured food for stock is registered with a distinguishing name in accordance with the provisions of section five of this Act, an invoice in writing referring to such food for stock by the distinguishing name shall suffice and be of the same effect as an invoice certificate under sub- section (1) of this section and as if the statements and particulars required by this Act or the regula- tions were stated in the invoice.

Amendment

of s. 7 of the 5. Section seven of the principal Act is amended

principal Act. (a) (i) by deleting from paragraph (a) the words "as soon as possible" in line two of the said paragraph and inserting in lieu thereof the words "within seven days";

(ii) by deleting from paragraph (a) the word "five" in line four of the said paragraph and inserting in lieu thereof the word and letter "five D";

)) by inserting a new paragraph as follows:

(d) sells any manufactured food for stock

or by-product which

(1) does not consist solely of the materials set out in the application for regis- tration of such food for stock or by- product; or

(ii) is not registered in accordance with the provisions of this Act and the regu- lations thereunder; or

1940.J F eedisg Stuff s. No. 20.

(iii)    is not in accordance with the chemical analysis set out in the application for registration of such manufactured food for stock or by-product; or

(iv)    is not in accordance with the standard

prescribed therefor.

6.    A section is inserted in the principal Act after Now seclia

section seven as follows:—

Minister may

7A. (1) The Minister may appoint any person to be an inspector under this Act. Every inspector so	appoint in-
spectors.
appointed shall be furnished with the prescribed certificate of his appointment and shall produce such certificate, whenever required. so to do by any person, in respect of whom he has exercised or is about to exercise any of his powers under this Act.
(2) Production of the prescribed certificate shall be conclusive proof in any court of the appointment of the inspector and his authority to exercise the powers conferred upon inspectors by the provisions of this Act.

7. The principal Act as amended by tins Act may be ettation of priacipal Act

cited as the Feeding Stuffs Act 1998-1940 as amended.