Dairy Produce Act, 1924

Regulations as to basis of calculation of price of milk and cream.

32.—(1) The Minister may by order make regulations for all or any of the following purposes, that is to say:—

(a) requiring that the calculation of the price to be paid for all milk and cream supplied to any premises to which the regulations apply shall be made on the basis of the percentage of butter-fat or other prescribed constituent contained in the milk or cream;

(b) prescribing the method and manner in all or any respects of sampling and testing milk and cream for the purpose of determining the quantity of butter-fat or other prescribed constituent contained therein;

(c) prescribing the nature and character of the instruments and appliances to be used for the purpose of such sampling and testing;

(d) prescribing the records to be kept in premises to which the regulations apply in respect of the sampling and testing of milk and cream for the purposes aforesaid and requiring records to be kept on such premises of the name and address of the person by whom the milk or cream was supplied, the results of the sampling and testing, the quantity of milk or cream from which each sample was taken, and the price paid for such milk or cream;

(e) requiring all samples taken for the purpose aforesaid to be retained on the premises for the prescribed time after they have been tested;

(f) requiring that all or any instruments or appliances offered for sale, sold or used for sampling or testing milk or cream for the purpose aforesaid shall have been tested and found to be accurate in one or other of the establishments or institutions prescribed by the regulations and shall have been certified or marked accordingly in such establishment or institution.

(2) Any inspector shall be entitled at all reasonable times to enter upon any premises to which any regulations made under this section apply and to inspect all instruments and appliances used in such premises for sampling and testing milk or cream for the purpose of determining the quantity of butter-fat or other prescribed constituent contained therein, and to inspect and take copies of or extracts from all or any records kept on such premises in pursuance of such regulations, and to observe all or any of the processes of sampling and testing milk and cream for the purposes aforesaid on such premises, and to test any samples which having been already tested have been retained on the premises.

(3) Regulations made under this section shall apply to all premises, or to any class or classes of premises (whether registered or not registered in any of the registers kept in pursuance of this Act) to which milk or cream is supplied for use in the manufacture of any dairy produce for sale, as may be prescribed in that behalf by the regulations respectively.

(4) Every person who shall contravene (whether by an act of commission or by an act of omission) any regulation made under this section, and also any person who shall obstruct or impede an inspector in the exercise of any of the powers conferred on him by this section shall be guilty of an offence under this section and shall be liable on summary conviction thereof, where the offence consists only of obstructing or impeding an inspector to a penalty not exceeding ten pounds, and in any other case to a penalty not exceeding twenty pounds.