S.I. No. 310/1936 - The Milk and Dairies Regulations, 1936.

STATUTORY RULES AND ORDERS. 1936. No. 310.

THE MILK AND DAIRIES REGULATIONS, 1936.

ARRANGEMENT OF ARTICLES.

PART I.

PRELIMINARY AND GENERAL.

1. Citation.

2. Interpretation.

3. Commencement.

4. Repeal.

5. Meaning of "Dairyman" and "Dairy".

6. Definitions.

7. Application of provisions relating to the milking of animals.

8. General duties of dairyman.

9. General duty of employee.

10. Unlawful dealings with milk.

PART II.

PROVISIONS RELATING TO DAIRIES AND THE BUSINESS OF DAIRYMAN.

11. Floors of dairies.

12. Disposal of liquid matter from floors of cowsheds.

13. Lighting of dairies.

14. Ventilation of cowsheds.

15. Ventilation of milk stores and milk shops.

16. Ceilings of dairies.

17. Provisions in relation to the use of water.

18. Cleansing of cowsheds.

19. Receptacles for dung, etc.

20. Cleanliness of surroundings of dairies.

21. Cleansing of milk stores and milk shops.

22. Vessels and appliances used with milk.

23. Milk taps.

24. Offensive substances in milk stores and milk shops.

25. Prohibition against depositing or keeping or dealing with milk in certain places.

26. Storage of aprons, overalls, etc.

27. Prohibition against keeping milk in uncovered vessels.

28. Cleanliness of persons having access to milk.

29. Cleanliness of animals.

30. Precautions in relation to diseased animals.

31. Provisions in relation to dogs, swine and poultry.

32. Keeping of cows in cowsheds.

33. Prohibition of sale of milk from a cow within seven days after calving.

34. Precautions to be taken by milkers.

35. Precautions against dust, dirt, etc., during milking.

36. Construction of milk pails, etc.

37. Precautions to be taken by dairyman when cows are milked.

38. Cooling of milk.

39. Conveyance and distribution of milk and milk receptacles.

40. Vehicles used for conveyance of milk.

41. Sale of milk in sale containers.

42. Sale of milk from sale receptacles.

43. Prohibition of opening vessels outside dairy.

PART III.

INSPECTION OF DAIRIES, ETC.

44. Meaning of "assistant county medical officer of health."

45. Inspecting officers.

46. Medical inspecting officers.

47. Duty of sanitary authority in relation to inspection of dairies, etc.

48. Supervision of inspection arrangements.

49. Powers of inspecting officers.

50. Powers of inspectors of the Minister.

51. Inspection of premises to be registered.

52. Power to inspect with or without notice.

53. Reports by inspecting officers.

54. Delegation of powers and duties of county medical officer of health.

PART IV.

INSPECTION OF ANIMALS IN DAIRIES.

55. Duty of sanitary authority in relation to inspection of animals.

56. Right of veterinary inspector to inspect.

57. Notice of intention to inspect.

58. Power to require milking.

59. Power to take specimens, samples, etc.

60. Power of medical inspecting officer to direct inspection of animals.

61. Reports by veterinary inspectors.

62. Powers of inspectors of the Minister.

SCHEDULE.

Procedure to be followed in washing vessels, appliances, receptacles, etc.

SAORSTÁT EIREANN.

STATUTORY RULES AND ORDERS.

1936. No. 310.

THE MILK AND DAIRIES REGULATIONS, 1936.

The Minister for Local Government and Public Health in exercise of the powers vested in him by sections 31 and 34 of the Milk and Dairies Act, 1935 , and by section 11 of the Public Health (Ireland) Act, 1878, and with the concurrence of the Minister for Agriculture, hereby makes the following regulations, that is to say:—

PART I. PRELIMINARY AND GENERAL.

1 Citation

1. These regulations may be cited as the Milk and Dairies Regulations, 1936.

2 Interpretation.

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 Commencement.

3. (1) These regulations (except Articles 11 to 16 inclusive, 23, 32, 36 and 42 thereof) shall come into operation on the day when Part III of the Act comes into operation.

(2) Articles 11 to 16 inclusive, 23, 32, 36 and 42 of these regulations shall come into operation six months after these regulations come into operation.

4 Repeal.

4. On and after the coming into operation of these regulations the Dairies, Cowsheds and Milkshops (Ireland) Order of 1908 shall cease to have effect.

5 Meaning of "Dairyman" and "Dairy."

5. (1) In these regulations the word "dairyman" does not include a person who is deemed for the purposes of Part II of the Milk and Dairies Act, 1935 , not to carry on the business of dairyman; and the word "dairy" does not include the premises occupied by such a person.

(2) Subject to the provisions of the next preceding sub-article the words "dairyman" and "dairy" have the same meaning as the said words have in the Milk and Dairies Act, 1935 .

6 Definitions.

6. In these regulations the following words and expressions shall have the meaning hereby assigned to them, that is to say:—

"the Act" means the Milk and Dairies Act, 1935 ;

"Milk" means and includes milk in the form of whole milk, skimmed or separated milk, cream, or buttermilk, intended to be or in the course of being sold for human consumption in one of the said forms and in no other form;

"Vessel" includes "receptacle";

"Cowshed" means the whole or any part of a building being portion of a dairy in which one or more cows are milked or are kept for the purpose of the supply of milk;

"Milk Store" means the whole or any part of a building being portion of a dairy in which either

(a) milk which is intended to be sold wholesale is deposited or kept, or

(b) milk which is intended to be sold by retail in some other premises is kept otherwise than in the closed receptacles in which it is to be so sold;

"Milk Shop" means the whole or any part of a building being portion of a dairy in which milk is sold by retail;

"Milker" means a person milking a cow and includes a person operating the milking unit of a milking machine;

"Sale container" means a closed receptacle in which milk is sold or intended to be sold, such receptacle being delivered to the purchaser on such sale with the milk therein;

"Sale receptacle" means any receptacle the capacity of which exceeds four gallons from which milk is taken for sale by retail.

7 Application of provisions relating to the milking of animals.

7. (1) The provisions of these regulations in regard to the milking of animals shall apply only to the milking of animals for the production of milk within the meaning of these regulations.

(2) In these regulations every reference to "milking" shall be construed as a reference to the milking of an animal for the production of milk within the meaning of these regulations and cognate words shall be construed accordingly.

8 General duties of dairyman.

8. (1) A dairyman shall cause all reasonable precautions to be taken in any dairy under his control against the exposure of any milk in such dairy to infection or contamination.

(2) A dairyman shall not permit any person in his employment to commit any offence whether by act or omission against these regulations and shall take all reasonable steps to prevent the commission of such an offence by such a person.

(3) A dairyman shall take reasonable steps to make the provisions of these regulations known to every person in his employment so far as such provisions impose any duties or restrictions on such person and so far as they relate to the premises in which such person is employed.

(4) A dairyman shall provide in any dairy under his control such utensils, machinery, apparatus, clothing and other supplies as will enable the provisions of these regulations to be complied with easily and conveniently.

(5) A dairyman shall provide in such parts of any dairy under his control as may be necessary such clean towels, brushes and other washing apparatus, and such soap and other washing materials, as will enable the provisions of these regulations in regard to cleanliness to be complied with easily and conveniently.

(6) A dairyman shall keep every dairy under his control and the utensils, machinery and apparatus in such dairy in good order and repair.

(7) Where any milk is kept, treated or delivered by a dairyman reasonable precautions shall be taken by such dairyman to prevent such milk from reaching a temperature higher than sixty degrees Fahrenheit except when such milk is being pasteurised.

9 General duty of employee.

9. Every person employed by a dairyman shall, in the course of his duties, take all reasonable precautions to prevent the exposure to infection or contamination of any milk to which he has access.

10 Unlawful dealings with milk.

10. No person shall do any of the following things, that is to say:—

(a) keep cows for the supply of milk in any cowshed which does not comply with the provisions of these regulations or sell milk from cows kept in such a cowshed;

(b) keep milk in any cowshed, milk store or milk shop which does not comply with the provisions of these regulations or sell any milk which has been kept in such a cowshed, milk store or milk shop;

(c) sell milk by retail in any milk shop which does not comply with the provisions of these regulations;

(d) sell any milk in respect of which any provision of these regulations has been infringed.

PART II. PROVISIONS IN RELATION TO DAIRIES AND THE BUSINESS OF DAIRYMAN.

11 Floors of dairies.

11. (1) The floor of every building forming part of a dairy in which any process or treatment is applied to milk shall not contain any crevice or cavity in which liquid matter can lodge and remain and shall be constructed of material which can be easily cleansed.

(2) The floor of every cowshed shall comply with the following provisions, that is to say:—

(a) it shall be constructed of durable, non-absorbent and impervious material;

(b) it shall not contain any crevice or cavity in which liquid matter can lodge and remain;

(c) it shall be so sloped as to ensure that all liquid matter falling thereon will flow into the channels provided in pursuance of the next following paragraph;

(d) it shall be provided with channels so constructed, placed and sloped as to receive all such liquid matter and convey it outside the cowshed for disposal in accordance with these regulations.

12 Disposal of liquid matter from floors of cowsheds.

12. Outside every cowshed there shall be provided channels or other conduits to the satisfaction of the sanitary authority, communicating with the channels in the floor of such cowshed provided in pursuance of the next preceding Article, in which all liquid matter falling on the floor of such cowshed will be conveyed away from the neighbourhood of the cowshed in such a manner and to such a distance that the surroundings of the cowshed and the means of access thereto can be easily and conveniently kept clean and free from offensive odours and effluvia.

13 Lighting of dairies.

13. (1) Every cowshed, milk store (not being a cold store), or milk shop shall be adequately lighted during the hours of daylight by means of direct daylight and such and so many windows or other openings shall be provided as are required for that purpose.

(2) Every part of a cowshed, milk store or milk shop in which during the hours of darkness milking takes place or in which during such hours milk is transferred from one vessel to another vessel, is subjected to any process or treatment or is sold shall be adequately lighted by means of artificial light, and suitable lamps or other means of artificial lighting shall be provided for the purpose.

(3) If the lighting of any cowshed in which cows are milked is such that a person with ordinarily good sight milking a cow and seated in any normal milking position in such cowshed could not distinguish dirt on the udder or teats of such cow or abnormalities in the colour of the milk, such cowshed shall be deemed for the purposes of this Article not to be adequately lighted.

14 Ventilation of cowsheds.

14. (1) Every cowshed shall be provided with windows or other openings, some of which shall be capable of being closed and some of which shall not be capable of being closed, communicating directly with the open air, of such number, size, position and construction as to enable the air within such cowshed to be kept fresh and wholesome without endangering the health of the cows in such cowshed, or causing such cows unreasonable discomfort and without raising dust.

(2) A dairyman shall take all reasonable precautions to ensure that the air in any cowshed which he uses for the purposes of his business is kept fresh and wholesome without endangering the health of the cows in such cowshed, or causing such cows unreasonable discomfort and without raising dust, and for that purpose he shall keep every window or other opening in such cowshed in good condition and repair, and shall make use of every such window or other opening as shall be necessary.

15 Ventilation of milk stores and milk shops.

15. (1) Every milk store (not being a cold store) or milk shop shall be provided with windows or other openings communicating directly with the open air, of such number, size, position and construction as to enable the air within such milk store or milk shop to be kept fresh and wholesome.

(2) A dairyman shall take all reasonable steps to ensure that the air in any milk store or milk shop which he uses for the purposes of his business is kept fresh and wholesome, and for that purpose he shall keep every window or other opening in such milk store or milk shop in good condition and repair, and shall make such use of every such window or other opening as shall be necessary.

16 Ceilings of dairies.

16. The ceiling of every cowshed, milk store, or milk shop shall be composed of or lined with material from which dust or dirt can easily be removed.

17 Provisions in relation to the use of water.

17. (1) Every dairy shall be provided with one or more supplies of water (including potable water) in accordance with the following provisions, that is to say:

(a) the water shall be of such quantity and available at such points (including one at least immediately adjacent to any cowshed which forms part of such dairy) as will enable the provisions of the Act and of these regulations in relation to cleanliness to be complied with easily and conveniently;

(b) the water shall be clean and free from pollution and infection and shall be from a source which is not likely to be polluted or infected.

(2) No water which is dirty or infected shall be used by a dairyman in connection with his business.

(3) A dairyman shall cause every vessel used by him in his business as dairyman for the storage or conveyance of water to be emptied and cleansed from time to time as often as may be necessary to prevent the pollution of the water and to maintain the vessel in a suitable condition for the purpose for which it is so used.

18 Cleansing of cowsheds.

18. A dairyman who occupies a cowshed for the purposes of his business shall comply with the following provisions, that is to say:—

(1) He shall cause every part of the interior of such cowshed and any fixtures, furniture, fittings or appliances kept therein to be thoroughly cleansed as often as may be necessary to ensure that such cowshed and every part thereof shall be kept clean and sweet.

(2) Where any part of the interior surface of the ceiling or walls of such cowshed is painted or varnished or composed of tiles or other smooth washable material he shall cause such part to be washed with potable water as often as may be necessary to keep such part clean.

(3) Where any part of the interior surface of the ceiling or walls of such cowshed is not of the nature mentioned in the foregoing paragraph he shall cause such part to be thoroughly cleaned and, immediately after such cleaning to be limewashed, or sprayed with lime or otherwise disinfected once at least during the period from the 1st of April to the 31st of May and once at least during the period from the 1st of September to the 31st of October and at such other times as may be necessary to keep such part clean.

(4) He shall cause the floor to be flushed with water at least once in each day.

(5) He shall not allow any matter which is likely to cause offensive odours or effluvia to be stored in such cowshed.

(6) He shall not allow any hay, litter, or other matter likely to cause dust to be stored in such cowshed except in a closed bin or in some other enclosure or receptacle which prevents the danger of the dust from such matter circulating in such cowshed.

(7) He shall cause all dung or other offensive matter to be removed from such cowshed at least once a day, and so disposed of that no offensive odour from such matter can reach any building forming part of his dairy and that no milk in such dairy can become contaminated by dirt, dust or flies from such matter.

19 Receptacles for dung, etc.

19. The following provisions shall have effect in respect of every receptacle for dung or other offensive matter, that is to say:—

(1) The receptacle shall be situated not less than thirty feet from any building forming part of the dairy.

(2) The receptacle shall be constructed of durable, non-absorbent and impervious material.

(3) All dung or other offensive matter shall be removed from the receptacle as often as may be necessary to prevent offensive odours from such receptacle from reaching any building forming part of such dairy or any milk in such dairy from becoming contaminated by dirt, dust or flies from the receptacle and at least once in every seven days.

(4) The receptacle shall not be allowed to be filled to such a height that the matter deposited therein may overflow or fall or be blown out of the receptacle.

20 Cleanliness of surroundings of dairies.

20. A dairyman shall take all reasonable steps to ensure that the surface of the ground and of every yard and passage adjacent to any cowshed, milk store or milk shop used by him for the purposes of his business shall be kept free from dung and other offensive matter and in a clean and wholesome condition.

21 Cleansing of milk stores and milk shops.

21. (1) A dairyman shall cause every part of the interior of every milk store or milk shop occupied by him and the fixtures, furniture, fittings and appliances therein to be thoroughly cleansed as often as may be necessary to secure the reasonable maintenance of cleanliness and in particular he shall cause the floor to be thoroughly washed at least once in every day.

(2) No person shall sweep or dust any milk store or milk shop or any fixture, furniture, fitting or other article in a milk store or milk shop while any milk is exposed in an open vessel in such milk store or milk shop.

22 Vessels and appliances used with milk.

22. (1) This Article shall apply to every vessel or appliance used by a dairyman in milking or otherwise in the course of his business for containing, measuring, or storing milk, or for any other process in which such vessel or appliance is likely to be brought into contact with milk.

(2) A dairyman shall not use or cause to be used any vessel or appliance to which this Article applies if any part of such vessel or appliance which is likely to be brought into contact with the milk is incapable of being easily cleaned.

(3) A dairyman shall cause all vessels and appliances to which this Article applies used by him in the course of his business to be kept clean and, in the case of metal vessels, free from rust.

(4) For the purpose of the next preceding sub-article but without prejudice to the generality of its provisions every dairyman shall comply with the requirements of the Schedule to these regulations immediately after a vessel or appliance to which this Article applies has been used in the course of his business and at any other time when it becomes necessary to clean such a vessel or appliance.

(5) Every vessel or appliance to which this Article applies, when not being used, shall be stored in a clean place, not being a place in which the deposit or keeping of milk is prohibited by these regulations, and shall be protected while so stored from dust, dirt and flies.

(6) Subject to the provisions of the next following sub-article no paper, cloth, or other absorbent substance shall be used for securing the lid of any vessel or appliance to which this Article applies.

(7) Non-absorbent paper may be used for securing the lid of a churn of a type which cannot be effectively closed without some such expedient, when milk is being sent on a journey by rail or road in such a churn, provided that new paper is used for every such journey.

(8) In this Article every reference to a vessel or appliance shall include a reference to every part (including a lid) of such vessel or appliance whether such part is or is not detachable.

23 Milk taps.

23. Every tap in a vessel through which milk is to be drawn shall be capable of being easily removed from such vessel and dismantled for the purpose of cleansing and sterilisation.

24 Offensive substances in milk stores and milk shops.

24. (1) A dairyman shall not allow to be kept in or conveyed through a milk store or milk shop used by him in his business any foul or offensive matter.

(2) A dairyman shall not allow to be kept in a milk store or milk shop used by him in his business, either—

(a) any substance which, if kept in the vicinity of milk, might cause such milk to have an offensive taste or smell or to become infected with any disease, or

(b) any substance which is dirty or which, being likely to collect dust, is incapable of being easily cleaned.

(3) A dairyman who keeps a milk shop shall regulate and restrict the access of customers and other persons not employed by him to any milk in such milk shop in such a manner as may be necessary to prevent any danger of such milk being infected or contaminated by a customer or such other person.

25 Prohibition against depositing or keeping or dealing with milk in certain places.

25. (1) No person shall deposit or keep milk in any place where milk is likely to become infected or to become contaminated by dirt or dust or by impure air or by any offensive, noxious or deleterious gas or other substance or by any noxious emanation, exhalation or effluvium.

(2) For the purposes of this Article a part of a building which comes within any of the following classes shall be deemed to be a place such as is referred to in the foregoing sub-article, that is to say:—

(a) Any part of a building which is occupied by a person suffering from an infectious disease or which, having been so occupied, has not been properly disinfected.

(b) Any part of a building which is used for any of the following purposes, that is to say:—

(i) as a closet, privy, urinal or cesspool;

(ii) for the deposit of ashes or refuse;

(iii) for the keeping of any poultry, dogs or swine;

(iv) as a sleeping room.

(3) No person shall deposit or keep milk in any part of a building which has direct communication (whether by door, window or otherwise) with any part of a building in which the depositing or keeping of milk is prohibited by the previous provisions of this Article.

(4) No person shall deposit or keep milk in any part of a building which is used as a kitchen or scullery or in which there is a direct inlet to a drain or sewer.

(5) No person shall apply to milk any process of measuring, bottling, cooling or pasteurising in any place in which the depositing or keeping of milk is prohibited by these regulations.

26 Storage of aprons, overalls, etc.

26. When any apron, overall or other clothing which is used in milking or in carrying out any process of measuring, cooling, bottling or pasteurising milk or in applying any similar process to milk is not in use it shall be kept in a clean place.

27 Prohibition against keeping milk in uncovered vessels.

27. No person shall keep milk in any vessel which is not securely covered and protected against dust, dirt, flies, rats and mice.

28 Cleanliness of persons having access to milk.

28. No person shall serve milk to a retail purchaser or shall take part in the measuring, cooling, bottling, or pasteurising of milk or in the application to milk of any other similar process or shall otherwise have access to milk unless his clothing and his person are in a cleanly condition.

29 Cleanliness of animals.

29. (1) Reasonable precautions shall be taken to prevent any animals in a dairy from remaining in a dirty condition.

(2) Without prejudice to the generality of the next preceding sub-article, a dairyman shall cause the following provisions to be complied with in respect of every cow in his dairy, that is to say:—

(a) The cow shall be kept supplied with clean bedding material and reasonable precautions shall be taken to keep such material clean;

(b) The hair on the quarters, the flanks, the portions of the belly adjacent to the udder, and the tail shall be kept cut short;

(c) The hair on the udder and teats shall be kept closely clipped.

30 Precautions in relation to diseased animals.

30. When any one or more animals in a dairy become affected with a disease to which Part VI of the Milk and Dairies Act, 1935 , for the time being applies, the dairyman shall isolate such animal or animals and shall take all reasonable precautions to prevent the milk from such animal or animals being mixed with other milk.

31 Provisions in relation to dogs, swine and poultry.

31. (1) No person shall permit any dogs, swine or poultry to go into or remain in any cowshed, milk store, or milk shop or any part of a building which has a direct communication (whether by door, window or otherwise) with any cowshed, milk store or milk shop.

(2) No person shall use as a cowshed, milk store or milk shop any part of a building which is so situated in relation to a place in which dogs, swine or poultry are kept that either dust, dirt or offensive odours from such place can reach such part of a building or that any liquid effluent from such place can flow or percolate to the vicinity of such part of a building or the means of access to such part of a building.

32 Keeping of cows in cowsheds.

32. (1) This Article shall apply to every cowshed except a cowshed in which cows are only kept immediately before, during, and immediately after milking.

(2) In every cowshed to which this Article applies there shall be provided—

(a) One or more raised portions of the floor (in this Article referred to as "standings") on which the cows can be tethered in the normal feeding position; and

(b) at the back of every standing a channel not less than eighteen inches in breadth sunk to a depth of not less than six inches below the standing and so situated that all the droppings from the cows when tethered in their normal positions in the standing will fall into such channel; and

(c) at the back of every standing a covered passage, free from obstruction and of such a width that persons can pass freely to and fro without any danger of themselves or their clothing or any milk carried by them being contaminated.

(3) The cows in a cowshed to which this Article applies shall not be tethered in such a manner or position that a person cannot move freely between any two cows without any danger of himself or his clothing or any milk carried by him being contaminated.

(4) Whenever cows are tethered in a cowshed to which this Article applies reasonable precautions shall be taken, whether by a suitable arrangement of the positions in which such cows are so tethered, or by the provision of barriers dividing the standing into separate stalls, to prevent any cow from standing in such a position that its droppings will not fall into the sunk channel at the back of the standing provided in pursuance of this Article.

33 Prohibition of sale of milk from a cow within seven days after calving

33. No person shall sell milk yielded by a cow within seven days after such cow has calved.

34 Precautions to be taken by milkers.

34. (1) The following provisions shall have effect in relation to the milking of cows, that is to say:—

(a) The clothing and person of the milker shall be clean.

(b) The hands and forearms of the milker shall be washed with potable water and dried immediately before the milking is begun and shall be kept clean and (so far as is reasonably possible) dry at all times during the milking.

(c) The milker shall wear during the milking a clean apron or overall of linen, cotton or other washable material.

(d) The milking shall be carried out in a light sufficiently good to enable the milker to distinguish dirt on the udder or teats of the cow, or abnormalities in the colour of the milk.

(e) The milling stool shall be clean.

(f) Milking in a cowshed shall not be begun within half an hour after any dry bedding or other matter has been moved in such cowshed so as to raise dust.

(g) Immediately before the milking is begun all dirt on or around the tail, quarters, flanks, udder and teats of the cow shall be removed, the said parts of the cow shall be washed with potable water, and the udder and teats shall then be wiped with a clean cloth damped with potable water.

(h) The first teatful of milk from every teat shall not be allowed to pass into the milking pail or other vessel with the remainder of the milk and such first teatful shall be collected in a special vessel and shall not be sold.

(2) If any provision of this Article is infringed in or in relation to the milking of any cow the milker shall be guilty of an offence against these regulations.

35 Precautions against dust, dirt, etc., during milking.

35. (1) No person shall move any bedding or other matter in a cowshed, while milking is in progress therein, in such a manner as to raise dust.

(2) No person shall milk a cow in a cowshed if there is any danger that during such milking, dust, whether from outside or inside such cowshed, may circulate in such cowshed.

36 Construction of milk pails, etc.

36. (1) The opening through which the milk enters the milk pail or other vessel into which a cow is milked shall be of such a size and either inclined at such an angle or protected by means of an overhanging cowl so as to prevent, as far as is reasonably possible, dust or dirt from falling into the pail or vessel while milking is in progress.

(2) No person shall milk a cow into any pail or other vessel which is not constructed or fitted so as to comply with the provisions of this Article.

37 Precautions to be taken by dairymen when cows are milked.

37. A dairyman shall, when cows are being milked for the purposes of his business, cause all reasonably possible precautions to be taken to prevent the milk from being exposed to infection or other contamination and in particular (without prejudice to the generality of the foregoing provision) he shall immediately after any cow is milked cause the following precautions to be taken, that is to say:—

(a) The milk shall be removed from the cowshed or other milking place;

(b) The milk shall be strained through a sterile cloth or other sterile filter so as to remove visible impurities;

(c) The milk shall be placed in a covered vessel.

38 Cooling of milk.

38. (1) The provisions of this Article shall have effect during the portion of the year between the 30th day of April and the 1st day of November and at no other time.

(2) Where any cows have been milked the dairyman shall, except in the cases mentioned in the next following sub-article, cause the milk to be cooled without any delay (except such delay as may be necessary to remove such milk from the cowshed or other milking place and to strain such milk) to a temperature not higher than sixty degrees Fahrenheit.

(3) The provisions of the next preceding sub-article shall not have effect in any of the following cases, that is to say:—

(a) Where the milk is delivered by the dairyman within the two hours next following the conclusion of the milking to a purchaser for resale by such purchaser;

(b) Where the milk is delivered by the dairyman to the consumer within the four hours next following the conclusion of the milking.

(c) Where the milk is pasteurised by the dairyman before the expiration of four hours from the conclusion of the milking at which such milk was produced.

(4) No person shall sell any milk which has not been produced by him, after the expiration of four hours from the conclusion of the milking at which such milk was produced unless such milk has, within the said period of four hours, been cooled to a temperature not higher than sixty degrees Fahrenheit.

(5) No water except potable water shall be used for the purpose of cooling milk.

39 Conveyance and distribution of milk and milk receptacles.

39. (1) Every person who is engaged in the conveyance or distribution of milk shall take all precautions which are reasonably possible to prevent such milk from being exposed to heat or diluted with water or contaminated by dirt, dust, flies, infection or otherwise.

(2) No person shall deliver to a common carrier for conveyance any whole milk unless such whole milk is in one or more receptacles each of which complies with the following provisions, that is to say:—

(a) It shall be clearly marked with the name and address of the dairyman by whom it was filled and with the day of the week on which the milk therein was produced.

(b) It shall be securely closed and either sealed or locked.

(3) No person shall convey or cause to be conveyed by railway or road any milk unless such milk is contained in a receptacle closed with a lid which is so constructed and fitted as to exclude dust, dirt, flies and rainwater and to prevent the return to the interior of the receptacle of any milk from such interior which has been splashed above the lid.

(4) No person shall put any milk into a receptacle which has been conveyed by railway or road until after such conveyance, such receptacle has been washed and dried in accordance with the provisions of the Schedule to these regulations.

40 Vehicles used for conveyance of milk.

40. No person shall use any vehicle for the conveyance of milk by rail or road unless the following regulations are complied with, that is to say:—

(a) The interior of such vehicle shall be clean.

(b) No live animal and no article likely to contaminate the milk shall be carried on the vehicle at the same time as the milk.

(c) If the vehicle has been used for the conveyance of offensive matter it shall not be used for the conveyance of milk until it has been cleansed and purified.

41 Sale of milk in sale containers.

41. (1) Every sale container shall be composed of non-absorbent material and shall be clean before being filled with milk.

(2) Every sale container the capacity of which does not exceed one quart shall be constructed so as to be capable of being easily and securely closed by a sterile lid, disc or other device so that—

(a) no portion of the sale container, lid, disc or other device which can come into contact with milk in or being put into the sale container need be touched by any person while the sale container is being closed, and

(b) the sale container when closed can be opened easily and conveniently without danger of the milk therein being contaminated.

(3) Immediately before a sale container, the capacity of which does not exceed one quart, is filled, reasonable precautions shall be taken to ensure that such sale container is sterile.

(4) Immediately after a sale container has been filled with milk and closed it shall be marked clearly with the name and address of the dairyman by whom it was so filled and, where such milk is whole milk, the sale container shall also be marked with the day of the week on which such milk was produced.

(5) After a sale container the capacity of which does not exceed one quart has been filled no person except a person having statutory authority so to do shall open such sale container at any time after it has left the premises where it was filled and before it is delivered to the consumer.

(6) No person shall put any milk into or sell any milk in a sale container in respect of which any provision of this Article has not been complied with.

42 Sale of milk from sale receptacles.

42. (1) Every sale receptacle shall be provided with a tap by means of which such receptacle can be emptied.

(2) No person shall take milk from a sale receptacle for sale by retail except by means of the tap in such sale receptacle.

(3) No person shall sell any milk which has been contained in a sale receptacle in respect of which any of the provisions of this Article have not been complied with.

(4) No person shall keep milk in or sell milk from a sale receptacle which does not comply with the provisions of this Article.

43 Prohibition of opening vessels outside dairy.

43. (1) No person except a person authorised by statute so to do shall open any closed receptacle containing milk in any place which is not part of a registered dairy unless—

(a) such opening is for the purpose of immediate delivery of portion of such milk to a retail purchaser, or

(b) such opening is by a purchaser of milk which has been transmitted to him, or the agent of such a purchaser, when taking delivery thereof if and in so far as such opening is necessary for the purpose of checking the quantity, or sampling the quality of such milk so delivered, or

(c) such opening is the opening of a tap in such closed receptacle.

(2) No person shall sell any milk which has been contained in any closed receptacle in respect of which the provisions of this Article have been infringed.

(3) For the purposes of this Article a vehicle used by a dairyman which is deemed by virtue of sub-section (2) of Section 10 of the Act to be premises and which is not for the time being within a registered dairy shall not be deemed to be part of a registered dairy.

PART III. INSPECTION OF DAIRIES, ETC.

44 Meaning of "assistant county medical officer of health."

44. In this part of these regulations the expression "assistant county medical officer of health" means a person who has been appointed in pursuance of an order of the Minister made under Section 11 of the Public Health (Ireland) Act, 1878, to be assistant county medical officer of health of a county health district; and the expression "the area for which an assistant county medical officer of health acts" means the county health district for which such officer was so appointed and also includes any urban district included with such county health district in one joint district if (but only if) the council of such urban district has also appointed such officer to be a sanitary officer for such urban district for the purposes of the said section 11.

45 Inspecting officers.

45. For the purposes of this part of these regulations—

(a) The following officers shall be inspecting officers for a sanitary district, that is to say:—

(i) the medical officer of such sanitary district;

(ii) any sanitary sub-officer of the sanitary authority of such sanitary district or any other officer of such sanitary authority duly authorised for that purpose by such sanitary authority.

(b) An assistant county medical officer of health shall be an inspecting officer for the area for which he acts.

(c) Any person who has been appointed to be an assistant medical officer of health of a county borough shall be an inspecting officer for such county borough.

(d) The medical officer of health of a dispensary district shall be an inspecting officer for such dispensary district.

(e) Any veterinary officer of a sanitary authority shall be an inspecting officer for the area for which he acts.

(f) Any person who has been appointed by a sanitary authority to be a dairy inspector shall be an inspecting officer for the area for which he has been so appointed.

46 Medical inspecting officers.

46. Each of the following inspecting officers, that is to say:

(i) The medical officer of a sanitary district,

(ii) the medical officer of health of a dispensary district,

(iii) any assistant county medical officer of health,

(iv) any person appointed to be an assistant medical officer of health of a county borough,

shall be a medical inspecting officer for the purposes of this part of these regulations.

47 Duty of sanitary authority in relation to inspection of dairies, etc

47. It shall be the duty of the sanitary authority of every sanitary district to make arrangements under which the following inspections shall be made by an inspecting officer under these regulations, that is to say:—

(1) An inspection of every dairy situated in the sanitary district and the vessels and machines in such dairy at least once in each three months;

(2) Inspections of every such dairy and the vessels and machines in such dairy at such other times as may be necessary and proper for the enforcement of the provisions of the Milk and Dairies Act, 1935 , and of any regulations (including these regulations) made thereunder;

(3) Such inspections of any vessels, machines and vehicles used in connection with the business carried on by any dairyman in the sanitary district and of the persons who have access to such dairies or to such vessels, machines or vehicles as may be necessary and proper for such enforcement.

48 Supervision of inspection arrangements.

48. (1) It shall be the duty of the county medical officer of health of a county to supervise the arrangements made in pursuance of the next preceding Article by the sanitary authorities in such county.

(2) It shall be the duty of the medical superintendent officer of health of a county borough to supervise the arrangements made in pursuance of the next preceding Article by the sanitary authority of such county borough.

(3) The county medical officer of health of a county or the medical superintendent officer of health of a county borough may direct any other inspecting officer for any area within the county or county borough respectively to inspect any dairy situated in such area or any vessel, machine or vehicle used in such area in connection with the business of a dairyman, and, if such other inspecting officer is a medical inspecting officer, any person having access to such a dairy, vessel, machine or vehicle.

(4) A medical inspecting officer for any area in which a dairy is situated or in which any vessel, machine or vehicle is used in connection with the business of a dairyman may direct any other inspecting officer for an area in which such dairy is situated or such vessel, machine or vehicle is used as aforesaid, not being a medical inspecting officer, to inspect such dairy, vessel, machine or vehicle.

(5) Where a medical inspecting officer directs another inspecting officer under this Article to inspect a dairy, vessel, machine or vehicle he may, if he thinks proper, also direct that such inspection shall be made at a specified time at which an inspection of such dairy, vessel, machine or vehicle is to be made by the inspecting officer who gives such direction.

(6) An inspecting officer shall comply with every direction duly given to him under this Article.

49 Powers of inspecting officers.

49. (1) A medical inspecting officer for any area when so directed either by the sanitary authority for such area or otherwise under this part of these regulations, and on such other occasions as he thinks proper, shall inspect any dairy situated in such area or any vessel, machine or vehicle used in such area in connection with the business of dairyman, or any person having access to such a dairy, vessel, machine or vehicle.

(2) Any inspecting officer for any area not being a medical inspecting officer, when so directed either by the sanitary authority for such area or otherwise under this part of these regulations and on such other occasions as he shall think proper, shall inspect any dairy situated in such area or any vessel, machine or vehicle used in such area in connection with the business of dairyman.

50 Powers of inspectors of the Minister.

50. (1) The powers conferred by the next preceding Article on medical inspecting officers may be exercised in any area by any person authorised by the Minister in writing to be an inspector for the purposes of the Milk and Dairies Act, 1935 , if such person is a duly qualified medical practitioner.

(2) The powers conferred by the next preceding Article on inspecting officers who are not medical inspecting officers may be exercised in any area by any person authorised by the Minister in writing to be an inspector for the purposes of the Milk and Dairies Act, 1935 , if such person is not a duly qualified medical practitioner.

51 Inspection of premises to be registered.

51. (1) Whenever a dairyman makes application to a sanitary authority for registration in the register of dairymen the executive sanitary officer of such sanitary authority shall send one copy of such application to the medical officer.

(2) When the medical officer receives a copy under this Article of an application from a dairyman for registration he shall as soon as possible arrange for an inspection by an inspecting officer of the premises in respect of which such application is made, and also of any vessels, machines or vehicles proposed to be used by such dairyman in connection with the business to be carried on in such premises.

(3) The medical officer of a sanitary district shall have the same power to give directions to any other inspecting officer to inspect any premises or any vessel or machine in such premises which such medical officer is required by this Article to inspect as he would have under these regulations if such premises were a dairy, and every such other inspecting officer shall be under the same obligation to comply with such a direction as if such premises were a dairy.

52 Power to inspect with or without notice.

52. Any inspection made in pursuance of this part of these regulations may be so made with or without notice.

53 Reports by inspecting officers.

53. As soon as may be after the making of an inspection in any area in pursuance of this part of these regulations by an inspecting officer such inspecting officer shall report in writing to the sanitary authority of such area the making and the result of such inspection.

54 Delegation of powers and duties of county medical officer of health.

54. (1) The county medical officer of health for the county in which is situated the area for which an assistant county medical officer of health acts, may delegate to such assistant county medical officer of health in accordance with this Article the exercise or performance of any power or duty expressly conferred or imposed on the county medical officer of health by this part of these regulations.

(2) A delegation made under this Article to an assistant county medical officer of health, may be a general delegation relating to the whole or any part of the area for which such assistant county medical officer of health acts or may be limited to specified cases or circumstances.

(3) A delegation under this Article shall be made by order in writing signed by the county medical officer of health.

(4) A county medical officer of health may, if and when he so thinks proper, withdraw any delegation made by him under this Article.

(5) If and so long as any power or duty is delegated by a county medical officer of health under this Article to an assistant county medical officer of health such power or duty shall be exercised or performed by such assistant county medical officer of health in accordance with such delegation but under the supervision of such county medical officer of health.

PART IV. INSPECTION OF ANIMALS IN DAIRIES.

55 Duty of sanitary authority in relation to inspection of animals.

55. (1) It shall be the duty of the sanitary authority of every sanitary district to cause the animals in the dairies situated within such sanitary district to be inspected once at least in every six months and at such other times as may be necessary and proper for enforcing the provisions of the Milk and Dairies Act, 1935 , and of any regulations (including these regulations) made thereunder.

(2) The inspections of animals required by this Article shall be made by sanitary officers who are registered veterinary surgeons, and every sanitary authority shall take steps to make a sufficient number of such sanitary officers available either by appointing, with the consent of the Minister, one or more sanitary officers for the purpose or by assigning the duty of making such inspections to some one or more of their existing sanitary officers who are registered veterinary surgeons, or by both such means.

(3) In this part of these regulations the expression "veterinary inspector" means a sanitary officer who is a registered veterinary surgeon and who has been appointed by a sanitary authority to make the inspections required by this Article or to whom the duty of making such inspections has been assigned by a sanitary authority.

56 Right of veterinary inspector to inspect.

56. (1) A veterinary inspector shall when so directed under this part of these regulations and on such other occasions as he thinks proper inspect under this part of these regulations the animals in any dairy in the district for which he acts.

(2) An inspection of animals in pursuance of this part of these regulations may be made with or without notice.

57 Notice of intention to inspect.

57. If a veterinary inspector notifies a dairyman of his intention to inspect under this part of these regulations the animals kept by such dairyman in a dairy or in any specified part of a dairy, such dairyman shall not after the receipt of such notification allow any animal to be removed from such dairy or from such portion of such dairy, as the case may be, without the consent of such veterinary inspector until either such inspection has been completed or a period of forty-eight hours has elapsed after such notification.

58 Power to require milking.

58. (1) A veterinary inspector when inspecting an animal under these regulations may require the person in charge of such animal to cause such animal to be milked in the presence of such inspector and (if such inspector so thinks fit) to cause the milk from any particular teat to be kept separate.

(2) Every person in charge of any animal shall comply with any requirement lawfully made on him by a veterinary inspector under this Article.

59 Power to take specimens, samples, etc.

59. A veterinary inspector when inspecting an animal under these regulations may take from such animal specimens or material for examination and samples of milk from such animal or (if he so thinks fit) samples from a particular teat.

60 Power of medical inspecting officer to direct inspection of animals.

60. (1) A medical inspecting officer for the purposes of Part III of these regulations in any area may direct a veterinary inspector to inspect all or any of the animals in a dairy which is situated in such area and also in an area for which such veterinary inspector acts, and may, if he thinks proper, direct that such inspection shall be made at a specified time at which an inspection of such dairy is to be made by such medical inspecting officer.

(2) A veterinary inspector shall comply with any direction duly given to him under this Article.

61 Reports by veterinary inspectors.

61. As soon as may be after the making of an inspection in any area of any animals in a dairy in pursuance of this part of these regulations by a veterinary inspector such veterinary inspector shall report in writing to the sanitary authority of such area the making and the result of such inspection.

62 Powers of inspectors of the Minister.

62. (1) The powers conferred by this part of these regulations on a veterinary inspector may be exercised in any area by any person authorised by the Minister in writing to be an inspector, for the purposes of the Milk and Dairies Act, 1935 , if such person is a registered veterinary surgeon.

(2) Every person in charge of an animal shall comply with any requirement lawfully made on him by a person authorised by the Minister in exercise of the powers conferred on him by this Article.

SCHEDULE.

Procedure to be followed in washing vessels, appliances, receptacles, etc.

1. The vessel or appliance shall be rinsed with cold potable water.

2. Before the vessel or appliance is again used it shall be washed clean with tepid potable water, then scalded with boiling water or steam, and then allowed to dry without contact with any cloth or similar substance.

3. Where the scalding required by the next preceding rule is carried out with boiling water either the vessel or appliance shall be immersed in the boiling water or a quantity of boiling water equal to one quarter of the capacity of the vessel or appliance shall be used.

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

(Signed) SEÁN T. O CEALLAIGH,

Minister for Local Government and Public Health.

The Minister for Agriculture hereby concurs with the foregoing Regulations.

(Signed) SÉAMUS O RIAIN,

Minister for Agriculture.