Stock Foods Acts Amendment Act of 1935 (26 Geo v No. 18) (Qld)

.. ~ . STOCK. 26 GEO. V. No. 18, 1935. Stock Foods Acts Amendment Act. 15603 STOCK. An Act to Amend" The Stock Foods Acts, 1919 to 26 Geo. V. No.18. 1928," in certain particulars. THE STOOK FOODS [ASSENTED TO 7TH NOVEMBER, 1935.] AME A N C D T M S ENT ACT OF 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:- 1. This Act may be cited as "The Stock Foods Short title Acts Amendment Act of 1935," and shall be read as one :::!tl'llction. with *" The Stock Foods Acts, 1919 to 1928," hereinafter referred to as the Principal Act. The Principal Act and this Act may collectively be cited as " The ,Stock Foods Acts, 1919 to 1935." 2. Section six of the Principal Act is hereby repealed Repeal of and the following new section six is inserted in lieu and new 8. 6. thereof:- " [6.] (1. ) Save as next hereinafter provided, upon ~ ell~ r to give the sale of any stock food, whether paid for at the time inVOIce. 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: Provided thn,t 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 demands such invoice. (2.) Every seller of any stock food being mixed, Provisions concentrated, or prepared stock food or prescribed by- :v:ces, &c. products shall on or before the delivery of such 'stock food or any of it, or any part thereof, sign and give to the buyer an invoice which shall set forth the following particulars :- (a) The name and address of the seller; and (b) The name of each stock food; and (c) The net weight of each stock food included on such invoice; and 10 060. V. No. 8 BJld 19 Geo. V. No. 5, supra, pages 9320 and 12261.

15604 STOCK. Stock Foods Acts Amendment Act. 26 GEO. V. No. 18, (d) A warranty in the following words:- Notwithstanding any agreement to the contrary, this invoice shall be and be deemed to be a warranty by me, the seller, that the constituents, materials, or ingredients of the stock food sold, and the percentage in which each constituent, material, or ingredient is contained therein accurately correspond with the constituents, materials, or ingredients and percentages respectively stated in the statutory declaration and label furnished to the Under Secretary, Department of Agriculture and Stock, Brisbane, as prescribed with respect to the stock food of the same name by "The Stock Foods Acts, 1919 to 1935," and as set out on the labels attached to each and every container of the respective quantity or quantities of stock foods herein mentioned with respect to the stock food of the same name. (3.) Any person who sells any stock food not specifically mentioned in subsection two of this section shall state on the invoice accompanying such sale the following particulars :- (a) The name and address of the seller; and (b) The name of each stock food; and (c) The net weight of each stock food included on such invoice; and (d) Each component of such stock food; and (e) Such other matters as may be prescribed. (4.) Every invoice shall be and be deemed to be a representation or warranty by the seller to the buyer of the truth of all or any of the particulars set forth therein. Offence. (5.) Any seller who fails to comply with any provision of this section or who signs or gives to any buyer an invoice which is false in any material particular shall be guilty of an offence." Repeal of 3 • . Section seven of the Principal Act is hereby and news. 7. repeaIed and the f 0 11ow. mg new sectI'On seven I . S . msert ed in lieu thereof:- Provisions "[7.] (1.) Every seller who sells any hay, chaff, c ahB s tof , f h& c sy . , and/or other prescribed stock food shall- (A. ) On or before delivery thereof to the buyer durably and legibly affix to or upon every package containing such hay, chaff, and/or other prescribed stock food or any part of it- (i.) The grower's full name and address in . either of the following manners:-

~ .. STOCK. 15605 1935. Stock Foods Acts Amendment Act. (a) Stencilled thereon with letters of not less than one inch in height, or (b) Upon a printed label or embossed metal tag having letters of not less than one eighth of an inch in height; - or (ii.) The grower's brand allotted and registered to him under *" The Brands Acts, 1915 to 1932," if the grower owns a registered brand, which brand may be so affixed to such package by being branded or stencilled thereon; or (iii.) The grower's combination of letters allotted and registered to him under this Act, which combination of letters may be so affixed to such package by being stencilled thereon : For the purpose of giving effect to provision (iii.) of this paragraph the Under Secretary may on application allot and register to any grower who is not the owner of'a registered brand a combination of letters: Provided that no brand or combination of letters shall be deemed to be affixed to or upon a package unless the letters comprising same are of not less than one inch in height. (B) Enclose such hay, chaff, or other prescribed stock foods with battens, covering, or package as shall be prescribed. (2.) Any seller or person who fails to comply with Offenoe. any provision of this section shall be guilty of an offence." 4. Section eight of the Principal Act is hereby Repeal of repealed and the following new section is inserted in alld new s. 8. lieu thereof:- "[8.] (1.) Every seller who affixes to or upon a Offe~ oeB pack~ ge C?nta:ining st?ck food a la?el, brand, stamp, or r:~~\~~~!~ stencil whICh IS false III any materIal particular shall be guilty of an offence. * 6 Geo. V. No. 9, 7 Geo. V. No. 3, and 22 Geo. V. No. 34, supra, pages 8179, 13887, ano 14387.

15606 Offence. -"--'----,---- STOCK. Stock Floods Acts Amendment Act. 26 GEO. V. No. 18, - - - , _ .•.. - (2.) No package of stock food shall have affixed thereto or thereon any name, brand, stamp, stencil, or label other than such name, brand, stamp, stencil, or label as is prescribed by this Act in respect of such stock food. (3.) No person shall sell, pack, or supply stock food in a package unless all names, brands, stamps, stencils, or labels other than the name, brand, stamp, stencil, or label prescribed by this, Act in respect of such stock food have been first obliterated or removed from such package. (4.) Any seller or person who fails to comply with any provision of this section shall be guilty of an offence." Repeal of 5. Section nine of the Principal Act is hereby and new s. 9. repealed and the following new section is inserted in lieu thereof ;- Powers of "[9.] (1.) Any inspector or other officer authorised ainnsdpeocftfoicresrs. in that behalf may- Entry. (a) Enter and inspect any place, house, building, ship, barge, boat, vehicle, car, aeroplane, station, wharf, shed, land, farm, or premises which he has reasonable ground for believing is kept or used for the making, manufacture, sale, storage, delivery, conveyance, or preparation for sale of any stock food; Inspection during transit. (b) Inspect any stock food which is being conveyed through or on any street or road, or conveyed by. water on any vessel or boat, or 'by railway or tramway, or other means of transit apparently for trade, sale, or delivery; Examina- tion. (c) Examine and open any such stock food or any package enclosing the same in any such place or conveyed as aforesaid; Removal for analysis, &c. (d) Remove for examination or analysis any such stock food or portions or samples of any such stock food on payment of the ordinary market price for such stock food. The quantity and nature of samples and the proportion of the bulk from which such samples are to be taken shall be as prescribed;

STOCK. 15607 1935. Stock Foods Acts Amendment Act. (e) Seize any stock food which is not registered Seizure. under this Act, or which he reasonably suspects does not comply in full with the requirements of this Act, or in respect of which he reasonably suspects that all or any of the provisions of this Act have not been complied with in full; (f) Weigh, count, measure, gauge, and/or mark *Marketing, ssuamchestsoockSef . Iozoedd oarsana f yoprea . scakIadg, eacnodn / taoirni £ nagsttehne, & p [* a c S c " i k c a o gi f nes. secure, and/or seal the same and/or any door Gazette: or openm. g gI.v.mg access t 0 the same. s " e M mb a l r e king."] remo(v2e. ) d I f nor tehxeamc . masae t· IOonf oarnaynasItYoScI.Sk bfyooadnyhm. avsipnegc t obreeonr f P o r r o s c a e m du p r l ~ ing. other officer authorised in that behalf in accordance with this section, the inspector or officer concerned shall forthwith divide the sample into three parts and shall mark and seal or fasten up each such part in such manner as its nature permits, and shall offer one of such parts to the person apparently in charge of the place where he obtained same. He shall subsequently deliver another of such parts to an analyst and shall retain the third of such parts. Such delivery to an analyst may be effected either personally or in such other manner as may be prescribed: Provided that when any stock food is contained in a package in such quantity that its division into three parts, as hereinbefore provided, would furnish parts insufficient for accurate analysis or examination, additional packages which purport to contain a similar stock food under the same name, brand, and/or label may be taken or obtained, and the contents of two or more packages may be mixed together and the mixture divided and submitted for analysis as hereinbefore provided. (3.) Any stock food may be removed for examination Removal or analysis from any place notwithstanding that there f~° ::tfe~ ~: of is then present at such place no person apparently in person in charge. In such case the officer removing the stock food charge. shall send by registered post a notification of such removal to the person apparently owning such stock food. be se(n4t. ) bAy psotasttefmorethnWt oI.fththtoe trheesupltersoof nanf.ryomanwalhyosims sshucalhl A b ce e nra s tif e i r lcy v sa e tt' d se . t 0 stock food was obtained.

15608 STOCK. Stock Foods Acts Amendment Act. 26 GEO. V. No. 18, 1935. in s ~ e ~ i ~ z ~ e ~ d : s n t ~ o ~ ck becau( 5s. e) A 0 fn t hiensnpoecnt-ocromwphl ? lanhCaes W s~ I i t zhed resapneyct stthoecrketofoo 0 d f foods. any provision of this Act shall, if all of the provisions of this Act relating to such stock food are complied with within the thirty days next following the date of such seizure, release same. If the provisions of this Act are not complied with within the said thirty days such stock food shall be and become forfeited to the Crown and shall be disposed of in such manner as the Minister may direct: Provided that where the inspector finds that any such stock food contains any foreign ingredients in excess of the amount prescribed or allowed he may cause such stock food to be removed to any approved place under his supervision and may do and execute all such acts, matters, and things as may be necessary to remove all excess foreign ingredients therefrom: Provided further, that if in the opinion of such inspector the excess foreign ingredients cannot be removed from the stock food at a reasonable cost and in an efficient manner, an order may, and notwithstanding anything hereinbefore to the contrary contained, be forthwith obtained from the Under Secretary, Department of Agriculture and Stock, or other officer of such Department for the time being exercising the functions of the Under Secretary for the destruction of such stock food. All costs incidental to the removal, cleaning, and/or destroying of such stock food shall be charged to the person in possession of same at the time of removal, or if same is in the possession of a carrier then to the consignor thereof, and may be recovered from him as a debt by action under the name of the Minister or any person authorised by him in a court of competent jurisdiction." STOCK DISEASES AMENDMENT. See STATISTICS. STOCK FOODS. See STOCK• •