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Prohibition of access to milk by infected persons.
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45.—(1) If any person, who has been infected with a disease to which this Part of this Act applies, has, while so infected, access to milk in a dairy, such person shall, unless he proves to the satisfaction of the Court (i) that he did not know or could not by the exercise of reasonable care have known that he had been so infected, or (ii) that, before having such access, he informed the owner of such dairy that he had been so infected, be guilty of an offence under this section.
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(2) If any person, who has been exposed to infection with a disease to which this Part of this Act applies has, within fourteen days after such exposure, access to milk in a dairy, such person shall, unless he proves to the satisfaction of the Court (i) that he did not know or could not by the exercise of reasonable care have known of such exposure or (ii) that, before having such access, he informed the owner of such dairy of such exposure, be guilty of an offence under this section.
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(3) If any person, who resides in the same house as a person (in this sub-section referred to as the infected person) who has been infected with a disease to which this Part of this Act applies, has, while the infected person is so infected, access to milk in a dairy, such person shall, unless he proves to the satisfaction of the Court (i) that he did not know or could not by the exercise of reasonable care have known that the infected person had been so infected or (ii) that, before having such access, he informed the owner of such dairy that he resided in the same house as the infected person and that the infected person had been so infected, be guilty of an offence under this section.
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(4) For the purposes of this section a person who is infected with a disease to which this Part of this Act applies shall be deemed to continue to be so infected until a duly qualified medical practitioner has certified that such person is free from such infection.
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(5) Any person who is guilty of an offence under this section 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.
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(6) 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.
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