S.I. No. 312/1936 - Sale of Food and Drugs (Milk Sampling) Regulations, 1936.


STATUTORY RULES AND ORDERS. 1936. No. 312.

SALE OF FOOD AND DRUGS (MILK SAMPLING) REGULATIONS, 1936.

THE SALE OF FOOD AND DRUGS (MILK SAM LING) REGULATIONS, 1936.

ARRANGEMENT OF ARTICLES.

1. Citation.

2. Interpretation.

3. Amount of sample.

4. Sampling apparatus.

5. Mixing before sampling.

6. Transfer of sample to sampling bottles.

7. Corking and sealing sampling bottles.

8. Marking sampling bottles.

9. Records of samples.

SCHEDULE.

FORM OF LABEL FOR SAMPLE.

The Minister for Local Government and Public Health in exercise of the powers conferred on him by Section 3 of the Sale of Food and Drugs (Milk) Act, 1936 , after consultation with the Minister for Agriculture, hereby makes the following regulations, that is to say:—

1 Citation

1. These regulations may be cited as the Sale of Food and Drugs citation. (Milk Sampling) Regulations, 1936.

2 Interpretation

2.—(1) The Interpretation Act, 1923 , shall apply to the interpretation of these regulations in the same manner in which it applies to the interpretation of an Act of the Oireachtas.

(2) In these regulations references to the taking of a sample of milk shall be interpreted as references to the taking of a sample under the Sale of Food and Drugs Acts, 1875 to 1936.

3 Amount of sample

3.—(1) Where milk not being milk in the form of cream is contained in closed receptacles of a capacity not exceeding one pint for sale retail in such receptacles, the amount to be taken as a sample of such milk shall be one such receptacle.

(2) In any case other than that mentioned in the immediately preceding paragraph the amount of every sample of milk not being milk in the form of cream shall be as nearly as practicable, one pint.

(3) The foregoing sub-articles of this Article shall apply to the taking of a sample of milk in the form of cream with the substitution of half a pint for one pint.

4 Sampling apparatus

4. Every person who takes a sample of milk shall be provided with the following apparatus, that is to say :—

(a) a dipper having a capacity as near as possible to and not less than one pint ;

(b) three glass bottles (in these regulations referred to as " the sampling bottles ") with narrow necks and rounded sides, each of a capacity as near as possible to and not less than one third of a pint, capable of being securely stoppered and sealed ;

(c) a funnel suitable for use with the sampling bottles ;

(d) A supply of sound new corks made to fit the sampling bottles so tightly that when a sampling bottle is corked therewith there shall be no danger of leakage of the contents of the bottle.

5 Mixing before sampling

5. Before a person takes a sample of milk (not being milk which is contained in closed receptacles of a capacity not exceeding one pint for sale retail in such receptacles) reasonable precautions shall be taken by such person whether by stirring or otherwise, to ensure that such milk is thoroughly mixed.

6 Transfer of sample to sampling bottles

6.—(1) The following provisions shall apply to the transfer of a sample of milk (not being milk which is contained in closed receptacles of a capacity not exceeding one pint for sale retail in such receptacles) to the sampling bottles, that is to say :—

(a) Where a dipper, measure, tap, or other vessel or apparatus is provided by the vendor of the milk, at the place where the sample is taken, for the transfer of the milk to a vessel tendered by a retail purchaser, the sample shall be transferred in equal portions to the three sampling bottles by means of such dipper, measure, tap or other vessel or apparatus in the same manner as if such sample were being transferred to a vessel tendered by a retail purchaser save that, where necessary, use may be made of the funnel with which the person taking the sample is provided under these regulations.

(b) In any case to which the immediately preceding paragraph does not apply the sample shall be transferred to the sampling bottles by means of the funnel and (where necessary) the dipper with which the person taking the sample is provided in pursuance of these regulations.

(2) Where milk is contained in a closed receptacle of a capacity not exceeding one pint for sale retail in such receptacle and one such receptacle is taken as a sample of such milk the following procedure shall be followed ; that is to say :—

(a) The milk in the closed receptacle shall be thoroughly shaken, the bottle being rapidly inverted several times in such shaking.

(b) One quarter (as nearly as practicable) of the milk in the receptacle shall be poured into the dipper with which the person taking the sample is provided in pursuance of these Regulations and the remainder of the milk shall be thoroughly shaken in the receptacle by means of a rapid up and down movement.

2(c) Measures shall then be taken by pouring a 2nd repouring from the receptacle to the dipper and vice versa to ensure thorough mixing of the sample.

(d) Finally the milk shall be transferred in equal portions to the three sampling bottles by means of the funnel with which the person taking the sample is provided in pursuance of these Regulations.

7 Corking and sealing sampling bottles

7.—(1) When a sample of milk has been taken by any person and transferred to the sampling bottles such person shall comply with the following provisions, that is to say :—

(a) Every such bottle shall be corked with a cork provided in pursuance of these regulations.

(b) The cork shall then be cut down level with the neck of the bottle.

(c) Sealing wax shall then be put on the cork extending to the glass of the bottle and impressed with a seal so that the cork cannot be withdrawn without destroying the seal.

(2) Where the person having control of the milk is present at the taking of the sample the procedure required by the immediately preceding paragraph shall be carried out in the presence of such person.

8 Marking sampling bottles

8.—(1) A sampling bottle to which portion of a sample of milk has been transferred shall be marked by means of a label in the form set forth in the schedule to these regulations securely affixed to such sampling bottle by means of gum or other suitable adhesive substance

(2) The labels affixed to each of the three sampling bottles to which any sample of milk has been transferred shall bear the same distinctive reference number.

(3) In these regulations the expression "the reference number" of a sample of milk means the reference number on the labels affixed to the sampling bottles to which such sample has been transferred.

9 Records of samples

9. Every person who takes a sample of milk shall make and keep under the reference number of such sample, records of the date and time when such sample was taken, of the person under whose control such milk was at the time when such sample was taken, of the manner in which such sample was dealt with, and of every other relevant circumstance.

SCHEDULE.

FORM OF LABEL FOR SAMPLE.

Sample of Milk, Reference Number..................taken under the Sale of Food and Drugs Acts

by........................(Note i)............................................................ ........

at........................(Note ii)............on the......day of........................19......

NOTES.—(Not to appear on the label).

(i). Here insert the name and description of the person by whom the sample was taken :—

e.g. John O'Connor—Medical Officer of the.............................

Patrick Muprhy—Milk Sampling Officer of the..................

Laurence Moriarty—Inspector of Food and Drugs to the

............................................................ .....................

(ii). Here insert the time when the sample was taken.

Given under the Official Seal of the Minister for Local Government and Public Health this Fifth day of November, One Thousand Nine Hundred and Thirty-six.

(Signed), SEÁN T. O'CEALLAIGH,

Minister for Local Government and Public Health.