Food and Drugs (Milk and Dairies) Act 1944
| Jurisdiction | UK Non-devolved |
| Citation | 1944 c. 29 |
| Year | 1944 |
Food and Drugs (Milk and Dairies) Act, 1944
(7 & 8 Geo. 6.) CHAPTER 29.
An Act to amend the provisions of the Food and Drugs Act, 1938, relating to Milk and Dairies Regulations and other matters connected therewith.
[27th July 1944]
Be it enacted by the King's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—
1 Amendment of s. 20 of principal Act.
(1) The power of making Milk and Dairies Regulations under section twenty of the principal Act shall, instead of being exercised by the Minister of Health, be exercised jointly by that Minister and the Minister of Agriculture and Fisheries.
(2) Regulations made under paragraph (a ) of subsection (1) of the said section twenty for the registration of dairies, and of persons carrying on or proposing to carry on the trade of dairymen, shall provide—
(a ) for the registration by the Minister of Agriculture and Fisheries of dairy farms, and of persons carrying on, or proposing to carry on, the trade of a dairy farmer;
(b ) for the refusal of any such registration by that Minister if in his opinion, having regard to conditions existing at the premises to be registered, the regulations cannot be complied with and the registration should be refused, and for the cancellation of any such registration by that Minister if in his opinion the regulations are not being complied with and the registration should be cancelled.
(3) Any regulations made by virtue of paragraph (b ) of the last foregoing subsection shall—
(a ) require notice to be given to the person affected of any intention to refuse or cancel the registration, stating the grounds on which it is alleged that the regulations cannot be or are not being complied with, as the case may be, and his rights of making objections and representations in accordance with the regulations;
(b ) enable the said person, within the time prescribed by the regulations (which shall not be less, in the case of a refusal, than twenty-eight days or, in the case of a cancellation, than twenty-one days, from the date of the service of the said notice), to object, in respect of all or any of the grounds stated in the said notice, that the regulations can be or are being complied with, as the case may be;
(c ) provide for the reference of any such objection to a tribunal constituted in accordance with the regulations;
(d ) provide for the procedure of the said tribunal, and in particular for entitling the person objecting to appear before the tribunal with any witnesses he desires to call, and to require the tribunal to inspect the premises to which the objections relate;
(e ) require the said tribunal to determine whether the objections are made out and, if not, on which of the grounds in respect of which they are made they are not made out, and provide that, in the event of a difference of opinion among the members of the tribunal, the determination of the majority of them shall be the determination of the tribunal;
(f ) require that the determinations of the tribunal shall be reported to the Minister of Agriculture and Fisheries and communicated by him to the person objecting, and provide that the determinations of the tribunal as stated in the report shall, for the purpose of the proposal to refuse or cancel registration, be conclusive evidence of the facts found thereby;
(g ) enable the said person within the time so prescribed to make representations to the Minister of Agriculture and Fisheries that the registration should not be refused or cancelled on the grounds stated in the notice mentioned in paragraph (a ) of this subsection;
(h ) provide that no registration shall be cancelled—
(i) in any case, until the expiration of the prescribed time for making objections or representations under the regulations;
(ii) in a case where an objection is made within that time, until the report of the tribunal thereon has been received and considered by the said Minister;
(iii) in a case where representations are made to the said Minister within that time, until the representations have been considered by him.
(4) Any premises being immediately before the commencement of this Act a dairy farm, and any person then carrying on the trade of a dairy farmer, shall be deemed to have been registered in accordance with Milk and Dairies Regulations by the Minister of Agriculture and Fisheries at the commencement of this Act; and those regulations shall include provision for ascertaining the premises and persons deemed to have been registered as aforesaid and for making consequential adjustments of the register kept by any authority under the said regulations immediately before the commencement of this Act, and may include provision for any matter incidental to or consequential on the foregoing provisions of this subsection.
(5) The power of making regulations under paragraph (b ) of subsection (1) of the said section twenty of the principal Act for the inspection of dairies and persons in or about dairies shall include power to make regulations for the inspection of cattle on dairy farms.
(6) The power of making regulations under paragraph (h ) of the said subsection (1) regulating the conveyance and distribution of milk shall include power to make regulations regulating the storage of milk.
2 Amendment of s. 21 of principal Act.
(1) Regulations made under subsection (1) of section twenty-one of the principal Act (which relates to special designations in connection with milk) shall cease to be contained in Milk and Dairies Regulations, and shall be separate regulations, which shall be called Milk (Special Designation) Regulations.
(2) The power of making Milk (Special Designation) Regulations shall, in so far as the regulations relate to raw milk, be exercised jointly by the Minister of Health and the Minister of Agriculture and Fisheries, instead of being exercised by the Minister of Health; and accordingly any designation prescribed under paragraph (a ) of the said subsection (1) in relation to raw milk of any description shall be such as those Ministers consider appropriate.
(3) Regulations made under paragraph (b ) of the said subsection (1) shall provide, as respects any special designation of raw milk, for the granting by the Minister of Agriculture and Fisheries,...
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