Milk and Dairies Act, 1935

Prohibition of sale of milk from animals suffering from a disease to which Part VI applies.

48.—(1) If any person sells the milk of any animal which is suffering from any disease to which this Part of this Act applies, and it is proved that such person had previously received notice from an officer of the sanitary authority, or that he otherwise knew, or by the exercise of ordinary care could have ascertained, that such animal was suffering from such disease, 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 fifty pounds and, in the case of a second or any subsequent offence under this section, to a fine not exceeding one hundred 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 five pounds for each day during which the offence continues.

(2) An offence under this section may be prosecuted by the sanitary authority within whose sanitary district the animal is kept, or by the sanitary authority within whose sanitary district the offence was committed.