S.I. No. 299/1936 - Registration of Dairymen Regulations, 1936,

STATUTORY RULES AND ORDERS. 1936. No. 299.

REGISTRATION OF DAIRYMEN REGULATIONS, 1936,

The Minister for Local Government and Public Health, in exercise of the powers conferred on him by Part II of the Milk and Dairies Act, 1935 , and by section 15 of the said Act hereby makes the following regulations, that is to say:—

1. —These regulations may be cited as the Registration of Dairymen Regulations, 1936.

2. —The Interpretation Act, 1923 , shall apply to the interpretation of these regulations in the same manner in which it applies to the interpretation of an Act of the Oireachtas.

3. —In these regulations the expression "the Act" means the Milk and Dairies Act, 1935 .

4. —(1) The prescribed form in which under section 22 of the Act every application to be registered in the register of dairymen is to be made to a sanitary authority shall be the form (Form D.R. 1) set forth in the schedule to these regulations, and the particulars set forth in the said form (or the notes thereto) shall be stated in every such application.

(2) Every person who applies to a sanitary authority for registration in the register of dairymen shall send to such sanitary authority with his application a duplicate of such application.

5. —(1) Every application on which any person is registered by a sanitary authority in the register of dairymen shall be retained by such sanitary authority for the purposes of record.

(2) The applications retained by a sanitary authority under this Article shall be kept in alphabetical order according to the names of the applicants.

6. —The prescribed form in which under section 21 of the Act, the register of dairymen is to be kept by a sanitary authority, shall be the form (Form D.R. 2) set forth in the schedule to these regulations, and every matter set forth in the said form (or the notes thereto) shall be entered in the said register.

7. —Where a sanitary authority makes a refusal order under section 23 of the Act in relation to an application for registration in the register of dairymen, the prescribed manner in which the applicant may appeal to the Minister against such refusal order shall be by sending to the Minister a written statement showing

(a) the grounds of the applicant's objection to such refusal order, and

(b) the date on which a copy of such order was served on the applicant by the sanitary authority.

8. —The prescribed form in which under paragraph (b) of sub-section (5) of section 26 of the Act notice is to be served by a sanitary authority on a dairyman of the intention of the sanitary authority to apply to the Minister for his consent to the making by the sanitary authority of a cancellation order in relation to such dairyman shall be the form (Form D.R. 3) set forth in the schedule to these regulations.

SCHEDULE.

PRESCRIBED FORMS.

FORM D.R. 1.

APPLICATION TO SANITARY AUTHORITY FOR REGISTRATION IN THE REGISTER OF DAIRYMEN.

I hereby apply to be registered in the register of dairymen kept by you, and I declare that the following particulars are correct.

PARTICULARS.

NOTICE.

Under Section 24 Milk and Dairies Act, 1935 , the penalty for carrying on the business of dairyman without registration is, for a first offence a fine not exceeding five pounds, and for a second or any subsequent offence a fine not exceeding fifty pounds, and in either case a fine not exceeding forty shillings for each day during which the offence continues.

(To be completed by an Officer of the registering authority after Registration).

Serial Number in Register of Dairymen............................................................ ......................................................

NOTES ON FORM D.R. 1.

(These notes are to be appended to or to appear at the back of the form whichever is more convenient).

Note (a).—Here insert name of sanitary authority.

Note (b).—Insert here—

1. If the applicant is an individual—the full postal address of the place where he ordinarily resides.

2. If the applicant is a corporate body—the full postal address of its registered office.

3. If the applicant is a partnership—the full postal address of its principal place of business.

Note (c).—In the case of buildings the full postal address should be inserted. In the case of land without buildings the exact situation of the land must be described.

Note (d).—Insert the approximate area of any land included in the premises

Note (e).—Where cows are to be kept or milked in a building or part of a building the word "yes" should be inserted here.

Note (f).—Where in a building or part of a building there is to be kept either—

(i) milk intended to be sold wholesale, or

(ii) milk intended to be sold retail in some other premises, which is not in the closed receptacles in which it is to be so sold—

the word "yes" should be inserted here.

Note (g).—If milk is to be sold retail in a building or part of a building the word "yes" should be inserted here.

Note (h).—A short description of the purpose for which such a building is used should be inserted, e.g., garage, store for bottled milk, dwelling-house, etc.

Note (i).—For the purpose of this application "bottling" includes the putting of milk into any closed receptacle for sale retail therein.

Note (j).—A short description of each vehicle should be inserted, including, in the case of a mechanically propelled vehicle, the index mark and registration number assigned to such vehicle.

Note (k).—If the application is made on behalf of a partnership every partner should sign here. If the application is made on behalf of a corporate body it should be signed by the secretary and sealed with the seal of the corporate body duly authenticated or be otherwise duly authenticated in the manner provided by the constitution of the corporate body.

FORM D.R. 2.

(REGISTER OF DAIRYMEN).

(Name of Sanitary Authority)

NOTE ON FORM D.R. 2.

The columns of this form are to appear in a book and are to be arranged consecutively from left to right.

A separate serial number should be assigned to each dairyman registered. Where the dairyman carries on business in more than one premises in the district separate entries should be made for each such premises in the appropriate columns, and in column 1 should be inserted opposite the entries for any such premises the serial number so assigned to the dairyman with a distinguishing letter.

Except in columns 1, 11 and 13, the entries will be taken from the application for registration and the headings of the columns are to be interpreted accordingly.

The letter "C" in red ink in column 13 can be used to indicate that the applicant has been convicted of an offence (or offences) under the Milk and Dairies Act, 1935 , or the Sale of Food and Drugs Acts, 1875 to 1936, in relation to milk.

FORM D.R. 3.

(Notice by sanitary authority of intention to apply to Minister for his consent to an order cancelling the registration of a dairyman).

MILK AND DAIRIES ACT, 1935 .

The (name of sanitary authority) being the sanitary authority for the (name of sanitary district), in pursuance of paragraph (b) of sub-section (5) of Section 26 of the above-named Act, hereby give you notice that they have, in accordance with the said Section 26, prepared a draft of an order cancelling (Note (a)) (your registration in the register of dairymen) (the entry of your premises at.............................in the register of dairymen) kept by the said sanitary authority under the said Act and that the said sanitary authority intend to apply to the Minister for Local Government and Public Health for his consent to the making of the said order.

A copy of the said draft of the said order is attached to this notice.

You are entitled within fourteen days of the service of this notice to make representations to the said Minister in relation to the said order.

[Note (b).]

Note (a).—Whichever of the alternatives is inappropriate should be deleted.

Note (b).—The Notice should be executed by the sanitary authority.

Given under the Official Seal of the Minister for Local Government and Public Health, this 27th day of October, One Thousand Nine Hundred and Thirty-six.

(Signed)

SEÁN T. O'CEALLAIGH,

Minister for Local Government and Public Health.