Sale of Food and Drugs (Milk) Act, 1935

Proceedings under the Acts against purveyors of milk.

8.—Where a sample (in this section referred to as the purveyor's sample) of milk is procured from a purveyor of milk under section 13 of the Principal Act, the following provisions shall have effect, that is to say:—

(a) where the milk from which the purveyor's sample was taken was not a mixture of milk purchased by such purveyor from more than one person such purveyor may, within sixty hours after the purveyor's sample was taken, serve a notice (in this section referred to as a purveyor's notice) on the local authority in whose district the purveyor's sample was taken containing particulars of the following matters, that is to say:—

(i) in case the purveyor's sample is a sample of whole milk, the name and address of the seller from whom such purveyor received such whole milk, the time and place of delivery to such purveyor of future consignments from such seller of whole milk of a milking (morning or evening) corresponding to the milking at which the whole milk from which the purveyor's sample was taken was obtained, and the mode of conveying such consignments from such seller to such purveyor.

(ii) in any other case, the name and address of the seller from whom such purveyor obtained the milk from which the purveyor's sample was obtained, the time and place of delivery to such purveyor of future consignments from such seller of milk of a similar kind and the mode of conveying such consignment from such seller to such purveyor;

and requesting such local authority to take immediate steps to procure as soon as practicable a sample of milk of a kind similar to that from which the purveyor's sample was obtained, in course of transit from such seller to such purveyor unless a sample has been so taken since the purveyor's sample was taken or within twenty-four hours prior to the purveyor's sample being taken;

(b) if proceedings are brought against such purveyor under the Acts in respect of the purveyor's sample and such purveyor has failed to serve a purveyor's notice, such purveyor shall not be entitled to plead a warranty as a defence to such proceedings;

(c) where such purveyor has served a purveyor's notice on such local authority, but such local authority has not complied with the request contained in such notice no proceedings under the Acts shall be taken against such purveyor in respect of the purveyor's sample;

(d) where such local authority has procured in the course of transit to such purveyor a sample (in this section referred to as the seller's sample) of milk of a kind similar to that from which the purveyor's sample was obtained, from such seller, the seller's sample shall be submitted for analysis to the analyst to whom the purveyor's sample is or was submitted;

(e) if proceedings are taken under the Acts against such purveyor in respect of the purveyor's sample, a copy of the certificate of the result of the analysis of the seller's sample shall be furnished to such purveyor, and every such certificate shall, subject to the provisions of section 21 of the Principal Act, be sufficient evidence of the facts stated therein, and shall be admissible as evidence on any question whether the milk sold by such purveyor was sold in the same state as he purchased it.