Stock Foods Act of 1919 (10 Geo v No. 8) (Qld)

9320 STOCK. Stock Foods Act. 10 Goo. V. No. 8, SOLDIERS, SETTLEMENT OF DISCHARGED. See LAND, CROWN.. STOCK. See also DAIRY PRODUCE. 10 Geo. V. An Act to Regulate the· Sale of Stock Foods.. No. 8. THE STOCK FOODS ACT [ASSENTED TO 17TH NOVEMBER, 1919.] B m'1919. 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 Parliament assembled, ana by the authority of the same~ as follows :- Short title 1. This Act may be cited as "The .Stock Foods Act c a o n m d mence_ of 1919," and shall come into operation on the first day ment. of January, one thousand nine hundred and twenty. Interpreta. 2. In this Act, unless the context otherwise indi-- tion. cates, the following terms have the meanings set against them respectively, that is to say:- By-products, "By-products" includes husks, bran, pollard, brewers' grains, and materials produced from any ki~ d of grain or seed in any process of treat... ment or manufacture, not being the primary object of such process; Chaff. "Chaff "-Hay or straw cut into short lengths; Foreign ingredients. " Foreign ingredi~ mts" includes- (a) Any substance of whatever nature in itself deleterious to the life or health of stock; and (b) Any substance of whatever nature added for the purpose of fraudulently increasing the weight of the article sold; and (c) All substances prescribed to be foreign in- gredients in specified stock foods; Hay. Hay chaff. "Hay"-Any dried or cured cereal, grass, or legume cut before complete ripeness and from which grain or seed has not been removed; "Hay chaff "-Chaff consisting only of hay;

STOCK. 9321 1919. Stock Foods Act. "Label "-A label, tag, brand, or stamp having Label. written or printed thereon the figures, words, or marks prescribed, which label, tag, brand, or stamp is securely affixed to, branded, or stamped on every package containing the prescribed stock food referred to; "Minister "-The Secretary for Agriculture and Minister. Stock, or other Minister of the Crown charged for the time being with the admjnistration of this Act; " Mixed concentrated or prepared stock food" Mixed con- includes- .1 centrated or . prepared (a) All kinds of meals and foods for stock stock food. prepared, whether in whole or in part, from one or more than one kind of grain or oil~ or juices or meats or other source; and (b) Any condimental patented or proprietary stock food claimed to possess nutritive properties or nutritive as well as medicinal properties; " Officer "-Any person either generally or specifi- Officer. cally authorised by the Minister in writing; "Package" includes sack, barrel, case, packet, Package. and parcel; and anything in or by which stock food is cased, covered, closed, contained, or packed; and, in cases where stock foods are .sold without containers or exterior packing, any block, cake, or slab of stock food; " Prescribed "-Prescribed by this Act; Prescribed. "Regulations"-Regulations made under this Act; Regulations. " Sell" (with its derivatives) includes barter or Sell. exchange, and also includes agreeing to sell, or offering or exposing for sale, or having in possession for sale, or sending, forwarding, or delivering for or on sale, or causing, suffering, or attempting any of such acts or things; " Stock" -Horses, mules, asses, cattle, sheep, Stock. goats, pigs, dogs, domestic fowls, turkeys, ducks, geese, pigeons, and birds in cap~ ivity; "Stock food" includes hay, straw, chaff, grain, or StocK food. seeds, mixed concentrated or prepared stock foods, and by-products; .

9322 STOCK. Stock Foods Act. 10 GEO, V. No. 8, Straw. Straw chaff. This Act. Under Secretary. Wholesale seller. "Straw"-Any dried ripe or mature cerE-aI, grass, or legume from which seed or grain has been removed by a.ny process or by any insect or by storm; " Straw chaff"-Chaff made from straw; " This Act "-This Act and all regulations made thereunder; "Under Secretary"-The Under Secretary of the Department of Agriculture and Stock, Bris- bane; "Wholesale seller"-Any person who, whether as ma.nufacturer, importer, or wholesale seller, is primarily responsible for putting on the market any mixed concentrated or prepared stock food or any prescribed stock food. Wholesale sellers to submit samples. 3. Every Wholesale seller of any mixed concentrated or prepared stock food or prescribed by-products, before selling any such stock food, shall send or deliver to the Under Secretary a fair average sample of each such mixed concentrated or prepared stock food or prescribed by-products in which he deals. He shall also, on or before the thirty-first day of January in each year, send or deliver to the Under Secretary a fair a verage sample· of each such mixed concentrated or prepared stock food or prescribed by- products in which he then deals or in which he proposes to deal during the current year. Each such sample shall-- (1) Be in a sealed glass jar or bottle·bearing a label with the distinguishing name or trade mark of the stock food and containing at least two pounds in weight of the stock food: (2) Be accompanied by a statutory declaration stating that the sample is a fair average sample of the stock food it represents, and is not substantially different from the stock food which such seller and his agents will supply' throughout the year under such distinguishing name or trade mark, and stating the specific name and proportion or amount of each of the original grains, or seeds, or materials; or ingredients:

STOCK. 1919. Stock Foods Act. (3) Be accompanied by a specimen copy of the invoice certificate relating to such food, of all directions, if any, for the use of such food, and of the label which is to be affixed to every package thereof, which label shall clearly certify- (i.) The number of net pounds in the package: and (ii. ) The distinguishing name or trade mark of the stock food: and (iii.) The name and principal address of the wholesale seller: and (iv.) The chemical analysis of the stock food expressed in the following terms :-. (a) Minimum percentage of crude protein, allowing one per centum of nitrogen to equal six and a quarter per centum of protein; (b) Minimum percentage of crude fat; (c) Maximum percentage of crude fibre: and (v.) In the case of mixed stock foods or pre- scribed stock foods, the specific name of each of the original grains or seeds, or materials, or ingredients, and the specific name and proportion or amount of the foreign ingredients, if any:. and if so requested by the Under Secretary the wholesale seller shall aJso send or deliver to him samples of at least two pounds in weight of each such grain~ seed, material, or ingredient, and of each such foreign ingredient, if any. If at any time the composition of such stock food varies from the composition already declared, notice of s\lch variation, shall forthwith be given to the Under Secretary. 1£ the wholesale seller of any stock food is not resident in the State of Queensland, the requirements of this section may be complied with by a duly authorised agent of such seller resident in Queensland, and such agent shall for the purposes of this Act be deemed to be the wholesale seller of the stock food.

9324 STOCK. Stock Foods Act. 10 Goo.,V. No. 8, Every wholesale seller who neglects or refuses to comply with any of the provisions of this section shall be guilty of an offence against this Act. Retail sellers' labels. 4. (1.) The retail seller of any mixed concentrated or prepared stock food or any prescribed stock food bought from a wholesale seller, in selling packages of less weight than the original package supplied by the wholesale seller, shall affix to each package sold by him a label different in colour from that on the original package~ giving all the particulars supplied on the label of the original package. (2.) On such label the retail seller shall imprint his name and business address and state the true net weight of the package. (3.) Every retail seller who fails to comply with this section shall be guilty of an offence against this Act. R: e~ ponsi- 5. (1.) Every seller, whether wholesale or retail, of ~ ~ ~ ~! ~ a~fto any mixed concentrated or prepared stock food or pre- composition. scribed by-products required by this Act to be labelled is responsible that its composition is in accordance with the composition as stated on the label. (2.) The onus of proof lies on the retail seller that the composition of any lesser package of such stock food sold is the same as the composition of the stock food supplied by the wholesale seller in the original package. (3.) Any person who sells or agrees to deliver any stock food- (a) Which contains a larger proportion or amount of foreign ingredients than is stated on any prescribed label, or than is prescribed; or (b) Which differs in its composition or quality from the prescribed standard; or (c) Which does not consist solely ot the materials specified in any invoice, circular, or advertise- ment relating thereto; shall be guilty of an offence against this Act. Seller to 6. Save as next hereinafter provided, upon the sale of give invoice. any stock food, whether paid for at the time of sale or not, the seller shall, at the time of sale or within seven days after delivery of the stock food or any part thereof~ give to the buyer an invoice containing the statements required by this Act:

1919. STOCK. Stock Foods Act. 9325 Provided that the retail seller of any stock food required by this Act to be labelled need not give to the buyer any such invoice as aforesaid unless the buyer dem.a.nds such invoice. Every seller who fails to comply with this section shall be guilty of an offence against this Act. 7. (1.), Every invoice or circular relating to stock Pr~ visit; lns as food shall state specifically the materials of which such : o~nvolces, .stock food co~ sists; and every such invoice shall also state the number of packages and the gross weight of the stock food included in the sale to which such invoice relates. (2.) Such statement in any invoice or circular as aforesaid shall, notwithstanding any agreement to the contrary, constitut,e a warranty by the seller- (a) That such stock food consists solely of the materials so specified, and contains no greater proportion or amount of foreign ingredients than is prescribed; and (b) In the cases of mixed concentrated or prepared stock foods and prescribed stock foods-that the stock food is prepared only from the specified original grains or seeds or materials or ingredients, and contains only the specified foreign ingredients, if any, and in the proportion or to the amount specified; and (c) That the stock food is suitable as food for stock, and for the particular kind of stock (if any) specified in such invoice or circular; and (d) That the statement in any invoice as to the number of packa5es and the gross weight of the stock food included in the sale to which such invoice relates is a true statement. 8. (1.) Upon the sale of- Hay, straw, (a) Hay which consists of several kinds of hay; and ohaff. (b) Hay chaff which is made from several kinds of hay; (c) Straw which consists of several kinds of straw; (d) Straw chaff which is made from several kinds of straw; (e) Mixed chaff which is a mixture of hay chaff . and straw chaff in any proportion and is made from several. kinds of hay and straw; , " .. : ~

9326 STOCK. Stock Foods Act. 10 GEO, V. No. 8, Entry, sampling, &c., by officer. (f) Compressed fodder which is made from several kinds of stock food; the invoice shall in each case specify each component of the mixed stock food sold. (2.) Upon the sale of- (a) Mixed chaff, which is a mixture of hay chaff and straw chaff in any proportion, each pack- age shall be distinctly marked in the prescribed form with the letters "M.S." (b) Stl'aW chaff, each package shall be distinctly marked in the prescribed form with the letters " N.C." (3.) Any person who acts in contravention of any of the provisions of this section shall be guilty of an offence against this Act. 9. (1.) For the purpose of ascertaining whether the provisions of this Act are being complied with, any officer- (a) Shall have free access at any reasonable time to any building or premises where stock food is prepared or sold, or to any portion of any farm or land where stock food is kept for sale; (b) May examine and, on payment of the ordinary market price therefor, take for analysis por- tions of any stock food as samples, in or on any such building premises farm or land or from any vehicle. (2.) Such samples shall be in the case of grain or seed or mixed concentrated or prepared stock food or by- products of a weight of not less than fifteen pounds and in all other cases of not less than thirty pounds, and shall if possible be taken in the presence· of the seller or his agent, or of the person having the possession of such stock food or his agent, and shall be taken from packages comprising not less than ten per centum of each whole lot sampled. (3.) The several portions taken from the whole lot of • anyone kind of stock food sampled shall be thoroughly mixed and then divided into three approximately equal parts. A label shall be placed on each such part stating the name of the seller or the person having possession of the lot from which such sample was taken and the time and place of taking.

STOCK. ,9327 J919. Stock Foods Act. Such label shall be signed- by the person taking such sample, and also where practicable by the seller or person having charge o£ the lot from which such sample was taken. , i (4.) Each of such parts shall be marked and sealed or fastened up in such manner as its nature permits; and two of such parts shall be forwarded by such officer to tbe Under Secretary or other officer appointed for the purpose, and one shall be retained by such seller or person. (5.) Of the parts forwarded to the. Under Secretary or such officer, one shall be for analysis and for com- parison with the invoice, circular, or advertisement, or prescribed label relating thereto, and the other shall be retained by the Under Secretary or such officer. , (6.) If the seller or his '" agent, or the person h~ ving possession of such' stock food or his agent, fails to attend the taking of the samples when notified so to do, such officer may proceed to take such samples in his absence. , Where the officer has so taken any samples in his absence he shall forthwith- (a) Give notice in writing of such taking to the seller or his agent, or person having possession of the lot from which samples were taken or his agent, and (b) Deliver or forward one part, marked and sealed or fastened up in such manner as its nature will permit, to such seller or his agent, or to such person or his agent. 10. (l.) Any buyer of stock food shall, on payment Analysis for of the prescribed fee to the Under Secretary, be entitled buyer. to have such stock food analysed, and to receive a certi- ficate of the result of such analysis. (2.) Any such buyer intending to submit such stock food for analysis shall,wi hin fourteen days ,after the delivery of such stock food, give notice in writing to the , seller of his intention to ave the same analysed, and in such notice shall offer t take and divide, at any time within seven days after the service of such notice and in the presence of the seller r his agent, a sample of such stock food. '

9328 STOCK. Stock Foods Act. 10 GEO, V. No. 8, (3.) Such notice may be sen~ by registered letter through the post, addressed to the seller to his address as stated in the invoice, or to his agent to the usual place of business of the agent. (4.) If the seller or his agent does not, within seven days after the service of the notice, accept the offer of the buyer to take and divide a sample of stock food in his presence or in that of his agent, or does not attend personally or by agent at any time or place appointed by the buyer for the purpose, the buyer may forthwith, but not later than fourteen days after the service of the notice, take a sample of such stock food. (5.) Every sample taken under this section for purpose of analysis shall be of the weight prescribed in the last preceding section of this Act. (6.) The several portions taken from the whole lot of stock food sampled shall be thoroughly mixed and then di.vided into three approximately equal parts. A label shall be placed on each such part, stating the name of the seller of the lot from which such sample was drawn, and the time and place of taking. Such labe1 shall be signed by the person taking such sample. . (7.) Each of such parts shall be marked and sealed or fastened up in such manner as its' nature will permit; two of such parts shall be forwarded by such person to the Under Secretary or other officer appointed for the purpose, and one part shall be delivered or forwarded to the seller or his agent. (8.) Of the parts forwarded to the Under Secretary or such officer one shall be for analysis and for comparison with the invoice, circular, or advertisement, or prescribed label relating thereto, and t.he other shall be retained by the Under Secretary or such officer. s w Taa i m t m h ppleesri. ng samp 1 l 1 e . oAr npyaprterosfona swamhopliemtapkroepneurlnydtearmthpiesrAs cwt isthhalal nbye guilty of an offence against this Act. Officer may 12. (1.) An officer may at any time require the idnefmoramnadtion. b uyer w h ether by wholesale or by retail of any stoc k food to state the name and address of the seller from whom he purchased such stock food and the price charged or paid therefor, and also to produce for inspection any invoice, agreement. circular, or advertisement given to him by the seller. I

STOCK.. 9329 1919. Stock Foods Act. (2.) Any person who withholds any such infonnation or fails to produce such invoice, agreement, circular, or adver- tisement, or obstructs the said officer in the execution of any of his duties under this Act, shall be guilty of an offence against this Act. 13. (1.) Any person who, by any act or omission, iSPenaliy guilty of any offence against this Act shall be liable for a for offences. first offence to a penalty not 'exceeding twenty pounds, and for a second offence to a penalty not exceeding fifty pounds, and for each subsequent offence to a penalty not exceeding one hundred pounds or to imprisonment with or without hard labour for any period not exceeding six months, or to both such penalty and imprisonment. (2.) Any prosecution for any such offence may beProsecu. instituted by any officer authoriEed by the Minister in tions. writing, whether generally or in any particular caEe, or by any person aggrieved. (3.) All such proceedings shall be taken in a sum- mary manner under *" The Justices Acts, 1886 to 1909," before a police magistrate sitting alone. • (4.) Where in any prosecution or proceeding under this Act a contravention of this Act is proved in regard to a sample or any part thereof, such contravention shall be deemed to have been proved with regard to the whole lot from which the sample was taken. 14. In any proceedings- Evidence. (i.) No proof shall be required- (a) Of any order to prosecute, or of the particu- lar or general appointment of any officer; or (b) Of the authority of any officer under this Act if such officer purported to act there- under: (ii.) The production of a certificate of analysis purporting to be under the hand of an authorised agricultural chemist or of an analyst appointed for the purposes of this Act shall be prima facie evidence of the facts stated therein, unless the defendant requires that the chemist or analyst shall be called as a witness, in which case he shall give notice thereof to the plaintiff or prosecutor: * 50 Vic. No. 17 and amending Acts, 8upra, pages 1132 et 8eq.

9330 STOCK. Stock Foods Act. 10 GEO. V. No. 8, 1919. (iii.) The burden of proof that any stock food was not dealt with or prepared or offered or received or had in possession or kept or exposed or sent or forwarded or supplied or delivered or intended for sale or for purposes of sale, or sold, or that the article was not t intended for use as a stock food, or that the aCkage was properly labelled, or that an nvoice was given or sent by the seller to the uyer, shall in every case be on the defendant. S~ , : ing of 15. No~ hing contained in this Act and no proceedings CIVil remedy. taken under this Act against any person shall in any way interfere with any right or remedy by civil process which any person aggrieved might have had if this Act had not been passed. Regulations. 16. The Governor in Council may from time to time make all such regulations as he deems necessary or expedient for carrying this Act into effect, and may impose a penalty not exceeding twenty pounds for any breach thereof. Without limiting the generality of the foregoing pro- visions, the regulations may provide for all or any of the following matters :- Stock foods. (i.) Prescribing specified stock foods with respect to which all or any of the provisions of this Act shall be observed; By-product,;. (ii.) Prescribing what by-products shall be deemed to be stock foods; Foreign ingredients. (iii.) Prescribing what are foreign ingredients in specified stock foods; prescribing the propor- tion or amount 9f foreign ingredients which may be contained in any kind of stock food and the character of such foreign ingredients; Standards. (iv.) Standardising and fixing the composition and fair average quality of any stock food; . Fees. (v.) Fixing fees to be paid for obtaining certificates of analysis and otherwise in respect of any services under this Act; Forms (vL) Prescribing forms for the purposes of this Act; Labels (vii.) Prescribing labels to be used in c<:mnection with any package and particulars to be printed or written on such labels and the kind and size of type to be used in the printing, and any matters or things which are not to be printed or written on such labels; •

STOCK.-SUCCESSION. 933~ 10 GEO. V. No. 6, 1919. SuccessionAct of 1906 Declaratory Act. (viii.) Prescribing the powers and duties of officers,offict;rS, chemists, and analysts under this Act. ~ ~ ~ mlsts, All such regulations shall upon being published in the analysts Gazette have the same effect as if they Were enacted in this Act. All such regulations shall be 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 such regulations are not so laid before both Houses of Parliament within the time aforesaid, such regulations shall thereupon cease to have any force, effect, or operation whatsoever. If either House of Parliament, within the next forty sitting days affer any regulations have been so laid before such House, resol ves 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 prejudice to the validity of anything done in the meantime under such regulations or to the making of any new regulations. SUCCESSION. SuccessionAct oj 1906 Declaratory Act of 1919... 10 Gea. V. No. 6 Sl:tccession and Probate Duties Acts Amendment Act of 1920 ... 10 Geo. v. No. 29 An Act to Remove a Doubt as to the Meaning and 10 Geo. v. Effect of *"The SuccessionAct of 1906." No. 6. THE [ A SSENTED TO 7 TH N OVEMB;ER, 1919 • ] ASCUTCC O E F SS 1 I 9 O 0 N 6 B v c. I . t enacted by t h e Km . g ' s M J: ost E xce 11 en t . l . \ .u 1f aJ • es t y, DAECCTLA O R F A I T !! O l! R ! Y . 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 may be cited as "The SuccessionAct of Short title. 1906 Declaratory Act of 1919." . 2 (1.) The following provision is added to sectiOnAIl).endment two of *" The Succession Act of 1906" :_ . V of II 6 . ENdow. . 24. " And it is hereby e..xpressly decJared that the fore- going provision shall be construed so as to distribute the real and personal estate as to * 6 Edw. VII. No. 24., supra, page 3372.