Margarine Act of 1910 (1 Geo v No. 9) (Qld)

10056 LOANS-MAR(L-tRINE. Margarine Act. 1 GEO. V. No. 9, (6.) In paragraph iv. of subsection one of rule thirty- seven and in par~ graph v. of rule fifty-six of the said Schedule, the words" Contains a greater number of names of candidates not struck out" are repealed; and the words " Contains a greater or less number of names of candidates struck out" are inserted in lieu thereof. (7.) In paragraph (7) of rule fifty-two of the s~ id Schedule, after the word" day," the words" next preceding the day" are inserted. In paragraph (8) of the said rule, the words "four o'clock in the afternoon" are repealed, and the words "eight o'clock in the forenoon" are inserted. in lieu thereof; also, the words "four o'clock aforesaid" are repealed, and the words "eight o'clock aforesaid" are inserted in lieu thereof. In rule fifty-four of the said Schedule, the words "four o'clock" are repealed, and the words" eight o'clock in the forenoon" are inserted in lieu thereof. MARGARINE. 1 Geo. V. An Act for Regulating the Manufacture and Sale No. 9. THE of Margarine or other Mixtures. prepared in MARGARINE ACT OF 1910. Imitation of or in Substitution for Butter. [ASSENTED· '1'0 131.'H DECEMBER, 1910.] B E it enacte~ by the ICi?-g's Most Excellent Majes~ y, by and wlth the adVIce and consent of the LegIS- lative Council and Legislative Assembly of Queensland in Parliament assembled, and by the authority of the ~ ame. as follows ;- Short title. 1. This Act may be cited as " The J1argarine Act of 1910." Commen"e- 2. rrhis Act shall commence and take effect on and ment of Act. from a day to be fixed in that behalf by the Governor in Council by Order in Council published in the Gazette. Interpreta- 3. Jn this Act, unless the context otherwise indicates, :o:aw. VII. the fol~ owing terms have the meanings set against them No. 18, s. 2. respectIvely, that is to say ; - Analyst. " Analyst "-A person approved by the Minister as an analyst for the purposes of' this Act j M

MARGARINE. 10057 1910. .LWarqarine Act. " Butter "-The substance usually known as butter, Butter. made exc1USI·Ve1y f rom ml' l'k and cream, or s V . a 2 . . No. 1331 both, with or without salt or other preservative, and with or without colouring matter; " Butter Fat "-The pure fat of cow's milk; Butter fat. "Factory"-Any building or place where margarine Factory. is prepared or manufactured: the term includes land, premises, and buildings used in connec- tion with such preparation or manufacture; " Inspector"-An inspector appointed or deemed Inspector. to be appointed under this Act; "l\fargarine" includes all substances, whether Margarine. compound or not, prepared or manufactured ~ ~ ~ II, 9~ 92. from any form of animal fats (other than butter fat or milk), or of animal, mineral, or vegetahle oils, and capable of being used as a substitute for butter; "Mark"-Includes brand or stamp; Mark. "Minister"-The Secretary for Agriculture or other Minister•• Minister of the Crown for the time being charged with tlH~ admihistration of this Act; "Owner"-The owner, whether jointly or severally: Owner. the term includes the owner's agent or manager, and in the case of a company the manager, secretary, or other principal officer thereof: when applied to premises, the term includes the person having the charge, manage- ment, or control o( the same; "Package" includes cask, keg, crate, box, cas, Package. wrap]?er, tin, and any other receptacle covermg; "Prescribed"-Prescribed by this Act or by th Prescribed. Regulations; " Regulations "-ReglJ-Iations made under this Act; Regulations.. " Shop "-Any building, premises, place, stall, l' Shop. vehicle in which margarine is sold or expose or offered for sale: the term does not includ , a factory as herein defined; " This Act "-This Act and any Regulations ma thereunder. 4 This Act shall not be taken to repeal or limit t e Saving of operation of the provisions of any Act now or hereafter 0 fa~ : . food he passed with respect to the sale of food in a pure an sound state. -

10058 MARGARINE,. iJf argarine Act. 1 GEO. V. No. 9, Inspectors, 5. (1.) The Governor in Council may from time to : n~ 1~ ~ s' v~ t time appoint such inspectors and other officers as he No. 18, s. 4. deems necessary for the administration of this Act. The Governor in Council may, by Order in Council, assign districts to any inspector or inspectors. Every inspector or other officer appointed under "The Dairy Produce A.cts, 1904 to 1905,"* shall be deemed to be also appointed an inspector or officer, as the case may be, under and for the purposes of this Act, and shall have and may exercise, for the purposes of' this Act, all the powers and authorities conferred on him by this Act. (2.) No inspector shall, by himself or his partners, have any interest, directly or indirectly, in any factory or shop where margarine is prepared or manufactured or sold or in any trade or business connected with margarine. Every inspector who violates this provision shall be dis- missed by the Minister, and shall be disqualified for reappointment. (3.) The Minister may, by writing under his hand, approve of competent .persons as analysts to carry out microscopical or bacteriological or analytical examinations for the purposes of this Act. Who may 6. (1.) It is unlawful to prepare or manufacture mmaarnguafraicnteu. re margarine, except in pursuance of a license granted under N.Z.,1908, this Act by the Minister. No. Ill, s. 3. (2.) Every such license shall- (a) Be for a factory therein named; (b) Continue in force for one year only, but may be renewed from year to year; and (c) Be subject to this Act. (3.) There shall be paid in respect of the grant of each such license, and of each annual renewal thereof, the fee of one pound: Provided that, if the license is granted in the first instance on or after the first day of July, the fee for that year shall be ten shillings. (4.) In the case of a factory used at the commence- ment of this Act a license in respect of the same must be obtained within three months after the commencement of this Act; otherwise the preparation or manufacture therein of margarine shall be unlawful. "" 4 Edw. VII. No. 18, supra, page 86S9; and 5 Edw. VII. No. 33, supra, page 8843.

MARGARINE. 10059 1910. Margarine Act. 7. (1.) After the expiration of one month from the Who may (lommencement of this Act, it shall be unlawful to sell : ~ ~ garine. margarine, except in pursuance of a license· granted under this Act by the Minister. (2.) Every such license shall- (a) Be for a shopkeeper therein named; (b) Continue in force for one year only, but may be renewed from year to year; and (c) Be subject to this Act.. (3.) There shall be paid in respect of the grant of each suoh license, and of each annual renewal thereof, the fee of ten sh\llings: Provided that, if the license is granted in the first lllstance on or after the first day of July, the fee for that year shall be five shillings. 8. (1.) Applications for licenses under this Act or . A. pp~ ication renewals thereof shall be made hy the applicant in the ~ o~ ~ ~ ~ nv~ i. preserihed form to the nearest clerk of petty sessions, and No. 18, shall he accompanied hy the prescribed fee. s.6 (5). In the case of a factory the application shall he accompanied by a statement showing the marks, if any, used by such factory upon the margarine prepared or manufactured therein. Such marks, together with any other marks which may from time to time he used by the licensee of such factory, may he registered hy the Minister. Such licensee shall not use or permit to be used upon mar- garine prepared or manufactured therein any mark which is not so registered. Such licensee shall not use or permit to he used any mark so registered upon margarine not prepared or manufactured at such factory. Upon receipt of such application, and upon being satisfied that the requirements of this Act have been com- plied with, the Minister shall cause a license or renewal, as the case may be, to be issued to the applicant. (2.) Any person who in contravention of this Act uses any premises as a factory or sells margarine without holding a suhsisting license in that behalf shall be liable to a penalty not exceeding ~ ve pounds; hut the use of premises as a factory in respect of which an application for license has been duly made and has not been refused by the Minister shall not be deemed a contravention of this Act. . 9. (1.) A manufacturer shall intimately mix with Margarine to every 1,000 parts of . margarine at least 1 part of the d • ry acrornotwairnoot an d starch of Oanna edttl't8 (Queensland arrowroot), and WIth sesame oil.

10060 MARGARINE. Margarine Act. 1 GEO. V. No. 9, every 100 parts of Inargarine at least 5 parts of sesame oil (the oil of Se<famum indicum or Sesctmum orientale) or sllch other substance as the Minister may hereafter approve. (2.) 'fhe sesame oil added to margarine in accordance with the Act must give the following chemical reaction :- A mixture of 1 part by volume of sesame oil and 99t parts of cotton- s~ ed oil or of earth-nut oil with· 100 parts of fuming hydrochloric acid of a specific gravity of 1'19 with a few drops of a 2 per centum alcoholic solution of furfurol, well shaken, must, after allowing to separate, show a distinct red colouration in the acid layer. The furfurol used must be colourless. (3.) All- margarine imported or introduced into Queensland shall contain the prescribed percentage of starch and of sesame oil. No starch, except canna starch as aforesaid, and no oil, except sesame oil, giving the aforesaid reaction, shall be used. Illegal acts. N.Z., 1908, No. 111, s. 4. 10. It is unlawful- (a) 'ro mix, colour, stain, or powder margarine with any ingredient or material so as to imitate butter; (b) To mix margarine with butter, butter fat, or milk; (c) To prepare, manufacture, sell, or offer for sale as butter any margarine or other substance which contains or with which a,re mixed any animal fats, or animal, mineral or vegetable oils, with the exception of sesame oil or extraneous butter fat or oil ; (d) To keep margarine, sesame oil, or canna starch on any premises used in the making or manu- facture of butter.. Inspection. 4 Edw. VII. No. 18, s. 7. Va. No. 1331, s.10. 11. (1.) An inspector may- (a) Enter and inspect any factory, shop, or other place where margarine is prepared or manu- factured, or stored or sold or offered for sale, and all utemdls, machinery, apparatus, and works there; Cb) At any factory or shop or other place take samples of margarine; (c) Open any package which contains or is sus- pected to contain margarine for the purpose of inspection or taking samples.

MARGARINE,. 10061 1910. Margarine Act. (2.) .An inspector may deliver or send any sample of Analysis of margarine to an analyst for examination; and the analyst, sample. upon receipt of the sample, shall, with all convenient speed, examine the same, and give t.o the inspector a certificate of the result of the examination in the prescribed form. (3.) All margarine imported or introduced into All im~ orted 1 Queensland shall be examined by an inspector, and, if: a: ~ : ~ ~ = et; lJ' tshucehreoi f nsapneac 1 tyosre d d.eems it . necessary, he may have samples V s & s 0 . a . . 5, N 6 o . . 133 " 1 ! ' If, upon examination and analysis such margarine is found to be coloured in imitation of or so as to resemble butter, or to contain less than the prescribed percentage of starch and sesame oil, such inspector shall seize and, by order, condemn such margarine. (4.) If an inspector is satisfied that- Condemna- (a) Any margarine inspected by him IS unfit l i! or t 4 io E n d . w. VII. (b) Athney fmooadrgoafrminaeni; s obreing or has b een remove d N ss. o9.1, 81, 0. or sold. contrary to this Act; he shall, by order, condemn the same: (5.) All margarine which has been condemned shall be disposed of in manner prescribed. (6.) The inspector shall, as soon as may be, make a report b the Minister of all such orders made by him. 12. Any person who thinks himself aggrieved. by any Appeal to such order of an inspector may appeal therefrom to a police poli~ e magI.Strat e SI· tt· mg m. I.iety tses· sIOns, on gI.v.mg t 0 sueh 4 m E ag d r w st . ra V te I . I. inspector the prescribed notice in writing of his intention No. 18, s.n. so to do. Such police ma~ istrate 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 Ju,stices Aot of 1886."* 'rhe 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. 13. No person shall sell or supply- Bad (a) Margarine condemned by an inspector; : a~ ~ a: ~ ~ , : ~ (b) Margarine which is unfit for the food of man; (c) Margarine which contains less than the pre- scribed percentage of starch and sesame oil. * 50 Vie. No. 17, supra, page 1030. 2D ri

10002 MARGARJNE. Margarine Act. 1 GEO. V. No. 9, 14. Every person, whether a manufacturer or importer, or as a consignor or consignee, or as a commission agent or otherwise, who deals in marg'arine, whether wholesale or retail, shall conform to the following reguiations :- Package containing margarine to be so labelled. Va. No. 1331, 8.7. (a) Every package, whether open or closed, con- taining margarine shall he legibly and durably marked" Margarine" on the top, bottom, and sides, printed with stencil plate or otherwise with black ink, in capital letters not less than three-quarters of an inch square; (b) If such margarine is exposed for sale by retail, there shall be attached to eacb parcel or package thereof, so exposed and in such manner as to he clearly visible to the pur- chaser, a label marked with black ink, in capital letters not less than an inch and a-half square, "Margarine" ; (,) On any parcel or package less than one foot cube in size, such letters may be of a size not less than a quarter of all inch square; (d) Every person who sells margarine by retail, save in a package legibly and durably marked as aforesaid, shall in every case deliver the same to the purehaser in or 'with a paper wrapper, on which shall be printed, with stencil plate 01' otherwise with black ink, in capital letters not less than a quarter of an inch square, " Margarine." Certain fraudulent acts. 15. Every person who with a fraudulent intention- (i.) Alters or obliterates, wholly 01' partially, or causes to be altered or obliterated, an inspec- tor's mark or any registered factory mark on any margarine which has been inspected, or on any package containing such margarine; (ii.) Counterfeits imy such mark, or places on -any margarine 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 such inspector, manu~ facturer, or packer, or with counterfeit- imitations; (iii.) Empties, or partially empties, any package marked after inspection in order to put into the same any margarine, of the same or any •

MAHGARINE. 10063 1910. Margarine Act. other kind, not contained therein at the time of such inspection; • (iv.) Uses for packing mar!!'arine any old package without effacing all previous marks thereon; shall ,be liable to a penalty not exceeding one hundred pounus. 16. Every person who , beinO 1? ' in the employ of any eOmffpelnocyeesebs. v manufacturer or packer of margarme- 4 Edw. VII. ( 1 . . ) Hl' fes or Iends the mark s or mark"mg mstru- No. 18,8.23. 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. 17. Every inspector who- Offences by inspector. CL) Hires out or lends his marking instruments to 4 Edw. VII. any person; No. 18, 8. 24. (ii.) Connives at or is privy to any evasion of this Act; shaH be liable to a penalty not exceeding one hundred pounds, and shall forfeit his office and be disqualified from ever after holding the same. 18. Every owner, occupier, or person who- Other offences. (a) Obstructs, resists, or molests anv inspector in N.Z., 1908, making any examination, or in taking any ~~: ~ r: : {a:i, sample, or in seizing or taking away any s. n. margarine; . (b) Takes away, removes, or interferes with any margarine seized by any inspector; (c) Fails to comply with or acts in contravention of this Act; ~ hall be liable to a penalty not exceeding fifty pounds, and if he is the holder of a license under this Act the license may bp, forfeited. 19. The Governor in Council may from time to time Regulations make Regulations with re~pect to all or any of the following may be made. matters, that is to say- (1) The powers and duties of inspectors, analysts, Officers. and officers; the conditions upon which and manner in which samples of margarine may,he taken, and the mode of dealing with the same; c

10064 MARGARJNE. Margarine Act. 1 GEO. V. No. 9,1910. Licenses. Preservatives, &c. Condemned margarine. Grading. Marks, &c. Forms, &c. Expenses; fees. Generally. the qualifications of inspectors and officers,. and requiring' that before appointment they shall give by examination or otherwise satis- factory evidence of their competency; (2) The conditions on which licenses under this Act may be granted, suspended, or revoked; (3) The use of preservatives and colouring matters . for margarine; (4) The disposal of condemned margarine; (5) The inspection of margarine; the description of the marks to be used by inspectors; (6) The registration of marks used by owners for margarine; (7) r.L'he form of any notice, certificate, or other document under this Act; the time within which any notice must be gIven; , (8) The payment and recovery of expenses in respect of factories and shops and other places; the imposition and collection of fees for de- fraying the expenses of carrying this Act into effect; (9) A ny 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 commence- ment 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 pr~ judice to the validity of anything done in the meantime under such Regulations or to the making of any new Regulations. Trust account 20. All fees, penalties, and other moneys received or !rministra. recovered under ~ his Act shall. b~ paid into a trust account,. tion purposee. and shall be apphed by the MInIster solely for the purpose' 4 NoE. d1w8. , Vs. I2I7. . of administering this Act. =

- ' - 0 -y . y ~ " , AJ:l't . "! "'< . t' , MARGARINK-MARSUPIALS. ~ ~ t"~ \ 0065 . < I t . ) C T( J. ~ ) . \ ' . 1 GEO. V. No. 16,1910. Mar8upial Boards Act Amendment Act. ' .. - 21. Any person who by any act or omission is guilty Penalties. :'Iis. of any contravention of this Act for which no specific ~ ~ d; ; : 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 may be heard and determined in a summary way by and before a police magistrate sitting in petty sessions. . , 22. In any legal proceeding under this Act- Evidence. :'Ii9. (i.) The production of a certificate or license pur- ~ ~ ~ ~ : porting to be a certificate or license given or· issued for any of the purposes of this Act shall be sufficient prima facie evidence of the facts therein stated; (ii.) The 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 margarine was not expo51ed or offered for sale, or was not intended for the food of man, shall be upon the party charged. 23. No person who, not being of European descent ? ~ tain or an aboriginal native of Australia, has not first obtained r~ s~ : : ~ ted. :'Vo. in the pres~ rihed ma~ ner. a certificate that he is able ~ o ~ : ' 1~ : read and wrIte from dICtatIOn not less than fifty words III the English language shall be employed in any factory licensed under this Act. MARSUPII\ LS. An Act to Amend "The Marsupial Boards Act of 1 N G o e . o. 16 V . . 1905" in Certain Particulars. THE MARSUPIAL [ASSENTED TO 3lsr DECEMBER, 1910.J ! ~ ER: : M! - ; : B E it enacted by the King's Most ] ~ xcellent Majesty; ACT OF 1910. - by and with the advice and consent of the Legis- lative Council and Legislative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows: -- 1. This Act shall be read as one with" The Marsupial Short title Boards Act of 1905,"* herein called the Principal Act, and' :~ ~ ~ ~ nl! ~ ~ ( l, * ;; Edw. VII. No. 8, 8up1'a, page 8928. trill"