Sale of Food and Drugs (Milk) Act, 1936

Sale of milk, etc. not of the proper nature, substance and quality.

5.—(1) Where a person sells as whole milk, skimmed or separated milk, cream, or buttermilk, any article of food then, notwithstanding anything contained in sub-section (1) of section 2 of the Act of 1935, as amended by this Act, such person shall not be deemed, for the purposes of section 6 of the Principal Act, not to have sold to the prejudice of the purchaser an article of food which is not of the nature, substance and quality of the article demanded by such purchaser by reason only that the article of food so sold contains not less than—

(a) in case it is sold as whole milk, the prescribed percentage of milk-fat and the prescribed percentage of milk-solids, other than milk-fat, or

(b) in case it is sold as skimmed or separated milk, the prescribed percentage of milk-solids, other than milk-fat, or

(c) in case it is sold as cream, the prescribed percentage of milk-fat, or

(d) in case it is sold as buttermilk, the prescribed percentage of milk-solids, other than milk-fat.

(2) In this section the word “prescribed” means prescribed by regulations made under sub-section (2) of section 2 of the Act of 1935.