Dairy Produce Act , 1924

44.—(1) Where any person who has taken a sample of any milk, cream, or other material under a power in that behalf conferred on him by this Act, requires such sample to be analysed with a view to a prosecution for an offence under any section of this Act the following provisions shall apply and be observed, that is to say:—

(a) the analysis shall be made by or under the direction of the Analyst appointed by the Minister under this section;

(b) the person by whom the sample was taken shall divide the sample into three parts and shall cause each such part to be marked, sealed, and fastened up, and shall deliver or send by post two of such parts to the said Analyst and shall deliver or send by post the other such part to the person against whom the prosecution is proposed to be brought or, if such person is not then known, to the owner or the consignor of the milk, cream, or other material from which the sample was taken;

(c) upon receipt of parts of a sample sent to him for analysis under this section the said Analyst shall make or cause to be made under his direction an analysis of one of the parts of such sample so sent to him, and shall retain the other part;

(d) the said Analyst shall send to the Minister duplicate certificates in the prescribed form of the result of every analysis made by him or under his direction pursuant to this section;

(e) before instituting any prosecution against any person in respect of any milk, cream, or other material of which a sample shall have been analysed under this section, the Minister shall deliver or send by post to the person against whom the prosecution is proposed to be brought one of the duplicate certificates aforesaid;

(f) at the hearing of any prosecution for an offence under any section of this Act in respect of any milk, cream, or other material of which a sample shall have been analysed under this section the production of a document purporting to be one of the duplicate certificates aforesaid shall be prima facie evidence of the matters stated in such certificate;

(g) if the prosecutor or the defendant in any such prosecution as aforesaid is dissatisfied with the certificate of the said Analyst, such party shall upon payment of the prescribed fee be entitled to have the part of the sample retained by the said Analyst as aforesaid analysed by the principal chemist of the State Laboratories and to obtain from such principal chemist a certificate of the result of such analysis.

(2) The Minister may appoint a fit person to be the Analyst for the purposes of this section and may, subject to the sanction of the Minister for Finance, prescribe the terms and conditions of his appointment to and tenure of that office.

(3) The said Analyst shall receive such remuneration as shall be determined by the Minister for Finance.

45 Consultative council.

45.—(1) The Minister shall, after consultation with such bodies and persons as he may consider most representative of the several interests concerned establish by order a consultative council for giving advice and assistance to the Minister in connection with any matter in relation to the making of regulations under, or otherwise carrying into execution of, the provisions of this Act, or any other matters affecting the dairying industry.

(2) The said consultative council shall consist of such persons as the Minister after such consultation as aforesaid shall from time to time nominate to be members thereof, each of whom shall unless he previously dies or resigns, retain his membership for two years only from the date of his nomination but shall be eligible for re-nomination.

(3) The said consultative council shall meet whenever summoned by the Minister and also on such other occasions as the council may from time to time determine.

(4) Payments may be made by the Minister out of moneys to be provided by the Oireachtas to members of the said consultative council and committees thereof, to such extent as may be sanctioned by the Minister for Finance, in respect of repayment of travelling expenses and payment of subsistence allowance.

46 General regulations.

46.—(1) The Minister may by order make regulations in regard to any matter or thing referred to in this Act as prescribed or as being or to be prescribed, but no such regulation shall be made in relation to the assessment or collection of fees without the consent of the Minister for Finance.

(2) Any regulations made by the Minister under this Act may relate to several matters in respect of which the power to make regulations is conferred by different sections of this Act.

(3) Regulations made by the Minister under this Act shall be laid before each House of the Oireachtas as soon as may be after they are made, and if a resolution is passed by either such House within the next subsequent twenty-one days on which that House has sat annulling such regulations, such regulations shall be annulled accordingly, but without prejudice to the validity of anything previously done under such regulations.

47 Saving clause as to powers under other Acts.

47.—The powers conferred on the Minister by this Act shall be and be exercised without prejudice to the exercise by the Minister for Local Government and Public Health of the powers conferred on him by the Public Health (Regulations as to Food) Act, 1907, or to the exercise by the Minister for Industry and Commerce or any inspector appointed under the Factory and Workshops Acts, 1901 to 1911, of any powers conferred by those Acts.

48 Offences.

48.—Every offence under any section of this Act may be prosecuted by or at the suit of the Minister as prosecutor.

49 Expenses.

49.—All expenses of carrying this Act into effect shall, to such extent as shall be sanctioned by the Minister for Finance be paid out of moneys to be provided by the Oireachtas,

FIRST SCHEDULE. Plant and Machinery in Registered Creameries and Cream-separating Stations.

1.—A high or low pressure boiler to generate steam for—

(a) heating sufficiently the milk received at the premises so as to ensure the proper separation of the cream, if cream is separated from the milk at the premises, and

(b) heating sufficiently the water required for cleansing purposes.

2.—A cooler for cooling the cream separated from milk at the premises capable of reducing the temperature of the cream as delivered from the cream separator to a temperature not exceeding by more than four degrees Fahrenheit the temperature at which the water used for cooling the cream is when it enters the cooler.

3.—The under-mentioned machinery, all of which shall be driven by mechanical power—

^ (a*) A heater to heat the milk from which cream is to be separated at the premises to a temperature sufficient to secure the proper separation of the cream.

^ (b*) A centrifugal separator to separate cream from the milk supplied to the premises.

(c) A churn and a butter-worker, or a combined churn and butter-worker for the manufacture of the butter made at the premises.

4.—The undermentioned requisites—

(a) Such appliances, apparatus, and chemicals as are necessary for determining the percentage of water in the butter manufactured upon and sent out from the premises.

(b) Such appliances, apparatus, and chemicals as are necessary for determining the percentage of fat in the cream and milk dealt with upon the premises.

^* Not applicable in the case of creameries to which milk is not supplied.

Not applicable in the case of cream-separating stations.

SECOND SCHEDULE. Plant and Machinery in premises registered in the register of butter factories.

A boiler to provide sufficient hot water for the cleansing of the premises and the plant and machinery contained therein.

A butter-worker or a butter-blender driven by mechanical power.

Such appliances, apparatus, and chemicals as are necessary for determining the percentage of water in butter sent out from the premises.

THIRD SCHEDULE. FEES.