S.I. No. 136/1955 - Milk and Dairies (Special Designations) (Amendment) Regulations, 1955.

S.I. No. 136 of 1955.

MILK AND DAIRIES (SPECIAL DESIGNATIONS) (AMENDMENT) REGULATIONS, 1955.

I, JAMES M. DILLON, Minister for Agriculture, in exercise of the powers conferred on me by sections 15 and 35 of the Milk and Dairies Act, 1935 (No. 22 of 1935), Article 4 of the Health (Transfer of Departmental Administration and Ministerial Functions) Order, 1947 ( S. R. & O. No. 58 of 1947 ), and Article 5 of the Agriculture and Health (Transfer of Departmental Administration and Ministerial Functions) Order, 1947 ( S. R. & O. No. 417 of 1947 ), and of every and any other power me in this behalf enabling, and with the concurrence of the Minister for Health, hereby make the following regulations :

1.—(1) These Regulations may be cited as the Milk and Dairies (Special Designations) (Amendment) Regulations, 1955.

(2) The Milk and Dairies (Special Designations) Regulations, 1938 and 1939, and these Regulations may be cited together as the Milk and Dairies (Special Designations) Regulations, 1938 to 1955.

2. In these Regulations " the Principal Regulations " means the Milk and Dairies (Special Designations) Regulations, 1938 ( S. R. & O. No. 148 of 1938 ).

3. Article 6 of the Principal Regulations is hereby amended by the addition thereto of the following paragraph :

"(4) Grade I Pasteurised Milk."

4. Sub-article (2) of Article 7 of the Principal Regulations is hereby amended by the insertion after " Pasteurised Milk " of " or to the special designation Grade I Pasteurised Milk."

5. The following Article is hereby inserted in the Principal Regulations after paragraph 9 :

" 9a. Subject to the provisions of these regulations the Minister may grant to any person a licence (in these regulations referred to as a `pasteuriser's licence (Grade I Pasteurised Milk)') entitling the holder of the licence to sell milk under the special designation Grade I Pasteurised Milk if,

(a) no milk other than milk which is entitled to be sold under the special designation ` Highest Grade Milk ' is brought on to the premises to which such licence relates, and

(b) such milk has been pasteurised by such holder in a dairy specified in such licence, and

(c) such milk has not been bottled except at such premises (if any) as are specified for that purpose in such licence."

6. Article 16 of the principal Regulations is hereby amended by the addition thereto of the following sub-article :

" (4) If the holder of a licence relating to the special designation Grade I Pasteurised Milk sells (otherwise than by virtue of such licence) milk by retail as part of his ordinary business under any other special designation he shall not in any notice or advertisement in or on any vehicle or premises used by him in connection with such business insert any reference to the sale of Grade I Pasteurised Milk unless he includes also a reference to such other special designation in letters not less conspicuous and of approximately equal size."

7. Article 30 of the Principal Regulations is hereby amended—

(a) by the insertion after " Pasteurised Milk " of " or Grade I Pasteurised Milk,"

(b) by the insertion after " the day of the week on which such milk was pasteurised " of " or the code number appropriate to that day," and

(c) by the insertion at the end of the Article of " and shall have effect in relation to any sale container or other receptacle which has been filled with milk for the purposes of sale under the special designation Highest Grade Milk or Standard Milk as if the provision that such sale container or other receptacle shall be marked with the day of the week on which such milk was produced were a provision that such sale container or other receptacle shall be marked with that day or the code number appropriate to that day."

8.—(1) Subparagraph (b) of paragraph (2) of condition 21 in Part I of the Second Schedule to the Principal Regulations, subparagraph (b) of paragraph (2) of condition 16 in Part II of that Schedule and subparagraph (b) of paragraph (2) of condition 9 in Part III of that Schedule are each hereby amended by the addition thereto of :

" or such one of the following code numbers as is appropriate to that day, that is to say :

(i) I for Sunday,

(ii) II for Monday,

(iii) III for Tuesday,

(iv) IV for Wednesday,

(v) V for Thursday,

(vi) VI for Friday,

(vii) VII for Saturday."

(2) The Second Schedule to the Principal Regulations is hereby amended by the addition thereto of the Part set out in the First Schedule to these Regulations.

9. The Third Schedule to the Principal Regulations is hereby amended by the addition thereto of the Form set out in the Second Schedule to these Regulations.

FIRST SCHEDULE.

Part added to Second Schedule of Principal Regulations.

PART IV.

GRADE I PASTEURISED MILK.

Section A.

APPLICABLE ONLY TO PASTEURISERS' LICENCES (GRADE I PASTEURISED MILK).

1. In pasteurising milk for the purposes of sale under the special designation the following provisions shall be complied with, that is to say :

(a) No milk shall be pasteurised which is contaminated within the meaning of section 59 of the act or dirty.

(b) No milk other than milk which is entitled to be sold under the special designation " Highest Grade Milk " shall be brought on to the premises to which the licence relates.

(c) Subject to the provisions of the next following condition, the milk shall be heated to a temperature not less than 145° Fahrenheit and not more than 150° Fahrenheit, the temperature of the milk shall be kept between said limits for at least 30 minutes, and an indicating thermometer and a recording thermometer shall be inserted in suitable parts of the apparatus during the whole of the process and temperature records made, or alternatively the milk may be held at a temperature of not less than 163° Fahrenheit for not less than 15 seconds under conditions approved by the Minister.

(d) Immediately after heating, the milk shall be passed to a properly protected cooler and its temperature reduced to not more than 50° Fahrenheit.

(e) The type of apparatus and thermometers used and the methods employed shall be such as are satisfactory to the licensing authority.

(f) The milk shall not be pasteurised more than once.

(g) The milk shall not be treated by heat except when being pasteurised in accordance with these conditions or, after pasteurisation, for consumption as hot milk.

(h) Separate storage vessels shall be used for milk which has and milk which has not been pasteurised.

2.—(1) The Minister may exempt the holder of the licence from compliance with any requirement of paragraph (c) of the next preceding condition in relation to any milk pasteurised by a method which the Minister expressly approves.

(2) An exemption may be granted by the Minister for the purposes of this condition either absolutely or for a specified period or subject to any conditions imposed by the Minister, and such an exemption may be withdrawn at any time.

3. The temperature records made during pasteurisation shall be retained and kept available for inspection by the licensing authority for a period of three months.

4. Apparatus, thermometers and storage vessels used for the pasteurisation, storage or pasteurisation and storage of liquids other than milk shall not be used for the pasteurisation of milk or for the storage of milk which has and milk which has not been pasteurised in the premises to which the licence relates.

SECTION B.

APPLICABLE TO ALL LICENCES.

5. A vessel or appliance which has been in contact with milk which the holder of the licence is not entitled to sell under the special designation shall not be allowed to come into contact with milk which has been pasteurised and is to be sold under the said special designation until such vessel or appliance has been thoroughly cleansed and scalded.

6. Wherever by reason of any regulation made under the Act or of any of these conditions it is necessary in the course of production or treatment of milk which may be sold under the special designation to scald any vessel or appliance such scalding shall be effected in such manner as to sterilise such vessel or appliance and, unless the licensing authority otherwise permits, such scalding shall be effected by means of steam under pressure.

7. No milk shall be sold under the special designation to which any colouring matter has been added or which has been treated in any manner likely to affect its nature or qualities injuriously.

8.—(1) No milk shall be sent from the premises to which the licence relates or from any other premises for the purposes of sale under the special designation " Grade I Pasteurised Milk," or shall be sold under that special designation, except in bottles or in unventilated sealed containers of a capacity not less than one gallon marked or labelled in accordance with these conditions.

(2) Every unventilated sealed container such as is referred to in this condition shall be clearly labelled or marked with—

(a) the name and address of the dairyman by whom it was filled ; and

(b) the day of the week on which the milk was pasteurised or such one of the following code numbers as is appropriate to that day, that is to say :

(i) I for Sunday,

(ii) II for Monday,

(iii) III for Tuesday,

(iv) IV for Wednesday,

(v) V for Thursday,

(vi) VI for Friday,

(vii) VII for Saturday ; and

(c) the words " Grade I Pasteurised Milk. "

9. Where the milk is sold in bottles the following conditions shall apply, that is to say :—

(1) Every bottle used shall be of a type approved by the licensing authority and shall be securely closed, after being filled, by means of a sterile cap, lid or other device approved by the licensing authority.

(2) On every bottle used, or on the cap, lid or other closing device of such bottle the following shall be clearly inscribed, that is to say—

(a) the name and address of the dairyman by whom the bottle was filled;

(b) the day of the week on which the milk was pasteurised or such one of the following code numbers as is appropriate to that day, that is to say :—

(i) I for Sunday,

(ii) II for Monday,

(iii) III for Tuesday,

(iv) IV for Wednesday,

(v) V for Thursday,

(vi) VI for Friday,

(vii) VII for Saturday ;

(c) the words " Grade I Pasteurised Milk."

10.—(1) For the purpose of this condition a sample may be taken either—

(a) from any milk under the control of the holder of the licence which he is entitled to sell under the special designation ; or

(b) from any milk which the holder of the licence has placed in a bottle or other container for the purposes of sale under the special designation, if such bottle or other container has not been opened after being filled and before such sample is taken.

(2) Every sample of milk taken for the purposes of this condition shall be taken in the manner prescribed by the Act and any regulations made thereunder for the taking of a sample of milk by a sampling officer in exercise of the powers conferred on him by Part VIII of The act, except that any provision of the said Part VIII requiring the sampling officer to divide the sample into two parts and to deliver or send one of such parts to the seller or consignor or his agent shall not apply.

(3) The milk to be sold under the special designation shall be so produced and treated that any sample taken for the purposes of this condition on being tested by a person approved by the Minister in accordance with directions issued by the Minister from time to time, shall be found to contain not more than 50,000 bacteria per cubic centimetre.

SECOND SCHEDULE.

Form added to Third Schedule of Principal Regulations.

FORM S.D. 8.

MILK AND DAIRIES (SPECIAL DESIGNATIONS) REGULATIONS, 1938 TO 1955.

PASTEURISER'S LICENCE (GRADE I PASTEURISED MILK).

The Minister for Agriculture hereby licenses the above-named dairyman to sell milk under the special designation—Grade I Pasteurised Milk—if

(a) no milk other than milk which is entitled to be sold under the special designation " Highest Grade Milk " is brought on to the premises to which this licence relates,

(b) such milk has been pasteurised by the dairyman at (one of) the above-named dairy (dairies), and

(c) such milk has not been bottled * except at the premises which are above specified for that purpose (Note I).

This licence is not transferable and is subject to the terms and conditions prescribed in the above-named regulations.

This licence comes into force on the............day of............................19........and will continue in force, unless previously revoked or suspended, until the 31st day of December, 19............

GIVEN under the Official Seal of the Minister for Agriculture, this............ day of................................. One Thousand Nine Hundred and............................

Signed (Note 2)............................................................ ............................................................ .................................

*

Note.

(To appear on the licence)

To " bottle " milk means to put milk into any closed receptacle of a capacity not exceeding one quart for the purposes of sale therein.

Notes on Form S.D. 8.

(Not to appear on the licence).

Note 1.—The Portion underlined may be omitted or deleted from a pasteuriser's (non-bottling) licence.

Note 2.—The Licence should be signed by the Minister or by an officer duly authorised for that purpose by the Minister.

GIVEN under my Official Seal, this 8th day of July, 1955.

(Signed) JAMES M. DILLON,

Minister for Agriculture.

I, THOMAS F. O'HIGGINS, Minister for Health, hereby concur with the foregoing Regulations.

GIVEN under my Official Seal, this 8th day of July, 1955.

(Signed) THOMAS F. O'HIGGINS,

Minister for Health.