Milk and Dairies Act, 1935

Prohibition of sale of milk to which an infected person has access.

44.—(1) If a dairyman sells milk to which any person who is infected with or has been exposed to infection by a disease to which this Part of this Act applies has had access, such dairyman shall, if it is proved that he previously knew or could by the exercise of ordinary care have ascertained that such person was so infected or exposed to infection, 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 or to imprisonment for any term not exceeding six months or to both such fine and imprisonment 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.

(2) An offence under this section may be prosecuted by the sanitary authority within whose district the milk was exposed to infection or by the sanitary authority within whose sanitary district the offence was committed.