Milk and Dairies Act, 1935

Prohibition of sale without notice of milk likely to be exposed to infection.

46.—(1) Where a person residing on any land or premises on or in which any milk has been produced or kept, or a person who frequents such land or premises is infected with a disease to which this Part of this Act applies, it shall be the duty of a dairyman at least twenty-four hours before selling any milk produced or kept on such premises to give to the medical officer of health of the dispensary district in which such land or premises are situate notice in writing of the full facts of the case and if such dairyman sells such milk without giving such notice or (except with the permission of such medical officer) before the expiration of twenty-four hours from the giving of such notice he shall, if it is proved that before such disposal he knew or by the exercise of ordinary care could have ascertained that such person was so infected be guilty of an offence under this section and be liable on summary conviction thereof, in the case of a first offence under this section to a fine not exceeding five pounds and, in the case of a second or any subsequent offence under this section, to a fine not exceeding fifty pounds, or to imprisonment for any term not exceeding six months or to both such fine and imprisonment, and, in either case, if the offence is a continuing one, to a further fine not exceeding forty shillings for each day during which the offence continues.

(2) An offence under this section may be prosecuted by the sanitary authority within whose sanitary district the milk was infected, or by the sanitary authority within whose sanitary district the offence was committed.