Milk (Regulation of Supply) Act, 1994


1.—(1) In this Act, except where the context otherwise requires—

“the Agency” means the National Milk Agency established under section 2 ;

“Board” means a Milk Board established under section 6 (1) of the Milk (Regulation of Supply and Price) Act, 1936 ;

“the Council Directive” means Council Directive 92/46/EEC of 16 June 1992 laying down health rules for the production and placing on the market of raw milk, heat-treated milk and milk-based products(1) as modified by Council Directive 92/47/EEC of 16 June 1992(2) ;

“dissolved Board” means a Board which is dissolved or to be dissolved by virtue of section 3 (1);

“establishment date” means the date appointed under section 2 for the establishment of the Agency;

“inspector” means a person authorised in writing by the Agency to exercise the functions conferred on an inspector under this Act;

“milk” means raw milk or heat-treated milk;

“raw milk” means whole cow's milk which has not been heated beyond 40°C or undergone any treatment that has an equivalent effect;

“heat-treated milk” means cow's milk whether whole, semi-skimmed or skimmed which has been subjected to heat treatment and presented in the forms defined in Annex C, Chapter 1A 4 (a), (b), (c) or (d) of the Council Directive, including milk to which has been added flavouring, vitamins, minerals or other food ingredients, provided that these ingredients are not used to replace in part or in whole any milk constituent;

“the Minister” means the Minister for Agriculture, Food and Forestry;

“prescribed” means prescribed by the Minister by regulations under this Act;

“processor” means a person who is the owner or occupier of a heat treatment establishment;

“producer” means a person who is the owner or occupier of a holding where one or more milk yielding cows are kept;

“register” means a register maintained under this Act and cognate words shall be construed accordingly.

(2) In this Act, unless otherwise stated, a reference to a section or Schedule is to a section or Schedule of this Act and a reference to a subsection or paragraph is to a subsection or a paragraph of the provision in which the reference occurs.

(3) A reference in this Act to any enactment shall be construed as a reference to that enactment as amended or adapted by or under any other enactment.

(1)OJL.268/1 of 14 September 1992.

(2)OJL.268/33 of 14 September 1992.