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Regulation of Milk Supply
Sale and purchase of milk.
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5.—(1) Heat-treated milk shall not be sold or supplied for liquid consumption in the State unless it is prepared from raw milk which—
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(a) has been purchased—
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(i) from a producer under a contract registered under this Act (“a registered contract”), or
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(ii) from a registered processor who purchased it from a producer under a registered contract, or
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(b) has been produced on a milk production holding and has been heat-treated by the producer, the producer being also a registered processor,
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unless the sale is exempt under subsection (2).
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(2) Subsection (1) does not apply to—
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(a) milk which has been obtained by a processor under an exemption licence granted by the Minister,
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(b) milk the sale of which in a form other than heat-treated milk is authorised by the Minister,
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(c) milk pasteurised in a domestic pasteurising appliance for home consumption,
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(d) milk legally imported into the State.
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(3) A registered processor shall be entitled to sell heat-treated milk for liquid consumption in any part of the State provided the requirements of the Council Directive and this Act are complied with.
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(4) A person who sells, supplies or purchases milk or offers or exposes milk for sale in contravention of any provision of this section shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding £1,000.
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(5) A person who continues to contravene any provision of this section after conviction of the original contravention shall be guilty of contravening the provision on every day on which the contravention so continues and for each such offence shall be liable on summary conviction to a fine not exceeding £200 in respect of each day of such contravention.
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(6) This section shall come into operation on a date laid down by order of the Minister after the establishment of the Agency.
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