Sale of Food and Drugs (Milk) Act, 1936

Extension of class of officers authorised to procure and take samples of milk.

2.—(1) The powers of procuring samples of milk conferred by section 13 of the Principal Act on an authorised officer, may be exercised within a sanitary district by a person (in this sub-section referred to as a sampling officer) who is an authorised sanitary officer for such district, and the provisions of the Acts in relation to samples of milk so procured under the said section 13 by an authorised officer shall apply in relation to samples of milk procured, by virtue of this sub-section, by a sampling officer in like manner as if such samples were procured by an authorised officer under the said section 13 and as if such sampling officer were an authorised officer, and the provisions of section 17 of the Principal Act (so far as relates to milk) and of section 16 of the Act of 1899 shall apply and have effect as if the references therein to an authorised officer included references to a sampling officer.

(2) The powers of taking without payment samples of milk conferred by section 3 of the Act of 1879, as amended by section 5 of the Act of 1935, on an authorised officer may be exercised within a sanitary district by a person (in this sub-section referred to as a sampling officer) who is an authorised sanitary officer for such district, and the provisions of the Acts in relation to samples of milk so taken under the said section 3, as so amended, by an authorised officer shall apply in relation to samples of milk taken, by virtue of this sub-section, by a sampling officer in like manner as if such samples were taken by an authorised officer and as if such sampling officer were an authorised officer, and the provisions of section 4 of the Act of 1879, and of section 16 of the Act of 1899 shall apply and have effect as if the references therein to an authorised officer included references to a sampling officer.

(3) The powers conferred by either of the two immediately preceding sub-sections on an authorised sanitary officer of procuring or taking samples of milk within a sanitary district shall be exercised under the direction and at the cost of the sanitary authority for such district.

(4) In this section—

the expression “authorised officer” means a person authorised by section 13 of the Principal Act to procure samples of food and drugs;

the expression “authorised sanitary officer”, when used in relation to a sanitary district, means a person who is a sanitary officer of the sanitary authority for such district and who has been appointed by such sanitary authority (with the consent of the Minister) to be a milk sampling officer for the purposes of the Milk and Dairies Act, 1935 (No. 22 of 1935);

the word “milk” means any article of food which is whole milk, skimmed or separated milk, cream or buttermilk.