Milk and Dairies Regulations, 1949
| Jurisdiction | UK Non-devolved |
| Citation | SI 1949/1588 |
| Year | 1949 |
1949 No. 1588
FOOD AND DRUGS
The Milk and Dairies Regulations, 194925thAugust 1949
25thAugust 1949
1stOctober 1949
The Minister of Health, the Minister of Agriculture and Fisheries and the Minister of Food acting jointly in exercise of the powers conferred on them by sections 20 and 92 of the Food and Drugs Act, 1938(a), as amended by the Food and Drugs (Milk and Dairies) Act, 1944(b), by the Transfer of Functions (Food and Drugs) Order, 1948(c), and by the Agriculture (Miscellaneous Provisions) Act, 1949(d), and of all other powers enabling them in that behalf, and so far as they relate to the partial repayment of sums paid by way of compensation, with the approval of the Treasury, hereby make the following regulations:—
PART I
Short Title, Commencement, Interpretation, Enforcement and Revocation of Regulations
1. These regulations may be cited as the Milk and Dairies Regulations, 1949, and shall come into operation on the first day of October, 1949.
2.—(1) In these regulations, unless the contrary intention appears—
"dairy" includes any farm, cowshed, milking house, milk store, milk shop, or other premises from which milk is supplied on or for sale, or in which milk is kept or used for the purpose of sale or of manufacture into butter, cheese, dried milk or condensed milk for sale, or in which vessels used for the sale of milk are kept, but does not include a shop from which milk is supplied only in the properly closed and unopened vessels in which it is delivered to the shop, or a shop or other place in which milk is sold for consumption on the premises only;
"dairyman" includes an occupier of a dairy, a cow-keeper, and a purveyor of milk;
"dairy farm" means any farm, cowshed or other premises being a dairy on which milk is produced from cows, but does not include any part of any such farm or premises on which milk is manufactured into other products unless the milk produced on the farm or premises forms a substantial part of the milk so manufactured;
"dairy farmer" means a dairyman who produces milk from cows;
"distributor" means a person trading as a dairyman elsewhere than at or from premises in relation to which he is registered as a dairy farmer under these regulations;
(a) 1 & 2 Geo. 6. c. 56.
(b) 7 & 8 Geo. 6. c. 29.
(c) S.I. 1948 (No. 107) I, p. 1966.
(d) 12, 13 & 14 Geo. 6. c. 37.
"local authority" has the meaning assigned to it by section 64 of the Food and Drugs Act, 1938;
"milk" means cow's milk intended for sale or sold for human consumption or intended for manufacture into products for sale for human consumption, and includes cream, skimmed milk and separated milk;
"milking house" means any building or part of a building or any shed in which cows are milked;
"milk room" means any part of a dairy, not being a milking house or premises which constitute a dairy solely by the reason of the sale thereat of milk in open containers for consumption elsewhere or off the premises, in which milk is cooled, processed, handled or stored or manufactured into milk products and which is used only for those purposes and for the cleansing and storage of milk utensils;
"notifiable disease" means dysentery, gastro-enteritis and, in relation to London, a disease notifiable under the Public Health (London) Act, 1936(a), and, in relation to any area outside London, a disease notifiable under the Public Health Act, 1936(b);
"registered premises" means any building or other premises required to be registered under the provisions of these regulations.
(2) The Interpretation Act, 1889(c), applies to the interpretation of these regulations, as it applies to the interpretation of an Act of Parliament.
3. It shall be the duty of every local authority within their area to carry into execution and enforce the provisions of—
(a) regulations 18, 19 and 20 of these regulations; and
(b) the remainder of these regulations except in so far as they relate to dairy farms or to the registration of persons carrying on or proposing to carry on the trade of dairy farmer.
4. Every dairy farmer and distributor shall take all practicable steps to make the provisions of these regulations known to every person in or about any registered premises in his occupation so far as such provisions impose any duties or restrictions on such person and so far as they relate to the processes carried out by such person.
5. The Milk and Dairies Regulations, 1926 to 1943(d), are hereby revoked.
PART II
Registration of dairy farms and of dairy farmers
6.—(1) The Minister of Agriculture and Fisheries shall keep a register of all persons carrying on the trade of dairy farmer, and of all dairy farms.
(2) Any person who wishes to be registered as a dairy farmer or to register any premises as a dairy farm, shall make application in writing to the Minister of Agriculture and Fisheries.
(3) Subject to the provisions of Regulation 7, the Minister of Agriculture and Fisheries, on an application in writing by any person carrying on or proposing to carry on the trade of dairy farmer or to use any farm or other premises as a dairy farm, shall register such person and such premises.
(a) 26 Geo. 5 & 1 Edw. 8. c. 50.
(b) 26 Geo. 5 & 1 Edw. 8. c. 49.
(c) 52 & 53 Vict. c. 63.
(d) S.R. & O. 1926 (No. 821) p. 1024; S.R. & O. 1938 (No. 217) II, p. 2162; and P.R. & O. dated May 21, 1943.
(4) No person shall carry on the trade of dairy farmer or use any premises as a dairy farm unless he and any such premises are registered in pursuance of these regulations.
(5) Any premises being immediately before the commencement of the Food and Drugs (Milk and Dairies) Act, 1944, a dairy farm and any person then carrying on the trade of dairy farmer shall be deemed to have been registered in pursuance of these regulations at the commencement of the Food and Drugs (Milk and Dairies) Act, 1944.
(6) (a) Every authority who, before these regulations came into operation, registered persons or premises in accordance with Article 6 of the Milk and Dairies Order, 1926, shall furnish the Minister of Agriculture and Fisheries, on request, with particulars of all persons and premises entered in their registers at the commencement of the Food and Drugs (Milk and Dairies) Act, 1944, being persons or premises which in the opinion of the authority are dairy farmers or dairy farms for the purposes of these regulations.
(b) The Minister of Agriculture and Fisheries shall notify every such person that he and the premises used by him as a dairy farm are deemed to have been registered as a dairy farmer and dairy farm respectively in accordance with these regulations at the commencement of the Food and Drugs (Milk and Dairies) Act, 1944, and that his name and the description of the premises will be removed from the registers of the authority, and entered in the register kept by the Minister of Agriculture and Fisheries; and having regard to any representations received from such a person, the necessary adjustments shall be made in the respective registers accordingly.
(7) Without prejudice to the making of an application under paragraph (2) of this regulation, any person who is of opinion that he, or premises in his occupation, ought to be deemed to have been registered as a dairy farmer, or as a dairy farm, at the commencement of the Food and Drugs (Milk and Dairies) Act, 1944, and who does not receive a notification to that effect, may apply to the Minister of Agriculture and Fisheries, and that Minister, if he is satisfied that the person or premises should be deemed to have been so registered, shall cause the necessary adjustments to be made in the register kept by him.
(8) The name of any registered person ceasing to carry on the trade of dairy farmer and the description of any registered premises which cease to be used for the purpose of a dairy farm shall be removed from the register.
7.—(1) The Minister of Agriculture and Fisheries may refuse to register a person carrying on or proposing to carry on the trade of dairy farmer or a dairy farm, if in his opinion having regard to conditions existing at the premises to be registered, these regulations cannot be complied with and the registration should be refused, and may cancel the registration of a dairy farmer or dairy farm, if in his opinion these regulations are not being complied with and the registration should be cancelled.
(2) Notice shall be given by the Minister of Agriculture and Fisheries 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 the rights of that person of making objections and representations in accordance with these regulations.
(3) (a) At any time within 28 days from the receipt of a notice of intention to refuse a registration the person affected may make objections in writing to the Minister of Agriculture and Fisheries, in respect of all or any of the grounds stated in the notice, that the regulations can be complied with.
(b) At any time within 28 days from the receipt of a notice of intention to cancel a registration the person affected may make objections as aforesaid that the regulations are being complied with.
(4) Any such objection shall be referred by the Minister of Agriculture and Fisheries to a tribunal constituted in accordance with the provisions contained in Part I of the First Schedule to these regulations.
(5) The provisions of Part II of the First Schedule shall have effect with respect to the procedure of the tribunal, the determinations of the tribunal and the reporting of such determinations to the Minister of Agriculture and Fisheries.
(6) The determinations of the tribunal shall be communicated by the Minister of Agriculture and Fisheries to the person objecting and the determinations of the tribunal as stated in their report to the Minister of Agriculture and Fisheries shall, for the purpose of the proposal to refuse or cancel...
To continue reading
Request your trial