Milk and Dairies Act, 1935

Taking of samples of milk outside sanitary district on requisition of medical officer of such district.

56.—(1) The medical officer of a sanitary district within which milk from any dairy situate outside such sanitary district is being sold or exposed for sale or any other officer authorised for the purpose by the sanitary authority of such district may by notice (in this Act referred to as a sampling notice) in writing require the medical officer of the sanitary district in which such dairy is situate or through which such milk passes in course of transit from such dairy to such sanitary district to cause a sampling officer to take samples of the milk at such dairy or in course of such transit, and upon receipt of such notice such last mentioned medical officer shall cause such samples to be taken accordingly.

(2) Any reasonable expenses incurred in the taking of a sample of milk in pursuance of a sampling notice shall be defrayed by the sanitary authority whose officer gave such notice and the amount of such expenses shall, in default of agreement, be determined by the Minister.

(3) For the purposes of any proceedings under this Act in relation to a sample of milk taken in pursuance of a sampling notice such sample shall be deemed to have been taken, at the option of the prosecutor, either without or within the district of the sanitary authority whose officer gave such notice, and accordingly proceedings under this Act may be taken either before a Justice of the District Court having jurisdiction within such district or before a Justice of the District Court having jurisdiction in the district in which such sample was actually taken.