Milk and Dairies Act, 1935

Restriction on descriptions to be applied to milk on sale.

38.—(1) The Minister may, after consultation with the Minister for Agriculture, make regulations under this section prescribing the descriptive words or signs which may be used, without obtaining a special designation licence, in connection with milk offered or exposed for sale, and references in this section to “a general designation” shall be construed as referring to words and signs prescribed by regulations made under this section and for the time being in force.

(2) It shall not be lawful for any person to use in any advertisement, circular, notice, or otherwise in connection with milk offered or exposed for sale any words or signs which are neither a special designation nor a general designation and which indicate or are intended to indicate that the milk as of a particular quality or prepared in a particular manner or suitable for a particular purpose.

(3) If any person acts in contravention of this section such person shall be guilty of an offence under this section and shall be liable on summary conviction thereof, in the case of a first offence under this section, to a fine not exceeding five pounds and in the case of a second or any subsequent offence under this section, to a fine not exceeding fifty pounds and, in either case, if the offence is a continuing one, to a further fine not exceeding forty shillings for each day during which the offence continues.

(4) An offence under this section may be prosecuted by the Minister οr the sanitary authority within whose sanitary district the offence was committed.