§ [The references are to Bill No. 154.]
§ Clause 2, page 1, line 17, leave out ("being a retailer of milk")
§ Clause 2, page 1, line 18, at end insert ("as a retail purveyor of milk")
§ Clause 2, page 2, line 2, leave out ("refuse")
§ Clause 2, page 2, line 3, leave out ("to register him or to") and insert ("refuse to register him or")
§
Clause 2, page 2, line 5, at end insert ("and if he fails to show cause to their satisfaction accordingly they may refuse to register him or remove him from the register, as the case may be.
Any person aggrieved by any such decision of the local authority as aforesaid may, within twenty-one days, give notice of appeal to a court
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of summary jurisdiction, and that court may require the local authority to register such person or not to remove him from the register.
The local authority or such person as aforesaid may appeal from the decision of the court of summary jurisdiction to the next practicable court of quarter sessions, who may confirm or reverse the order of the court of summary jurisdiction.
The decision of a local authority to refuse registration or to remove any person from the register under this section shall not have effect until the expiration of the time for appeal to a court of summary jurisdiction nor, where any such appeal is brought, until the appeal is determined; and when notice of appeal from a court of summary jurisdiction under this section is given within seven days from the date thereof, such decision of the local authority as aforesaid shall not take effect until the appeal to quarter sessions is finally determined.
Where the appeal is from a refusal to register, such person as aforesaid may, until the appeal is finally determined, carry on business as a purveyor of milk notwithstanding that he is not registered.")
§ Clause 2, page 2, line 6, leave out from the beginning of line 6 to the end of line 29).
§ Clause 2, page 2, lines 30 and 31, leave out ("so registered as aforesaid") and insert ("registered as a purveyor of milk")
§ Clause 2, page 2, line 38, at end insert: ("(3) Any enactment or order requiring a local authority to keep a register of persons carrying on the trade of cowkeepers, dairymen, or purveyors of milk shall have effect as if it required the local authority to keep a register of persons carrying on the trade of retail purveyors of milk and a separate register of persons carrying on any other trade to which the enactment or order relates, and this section shall apply only to the first-mentioned of those registers.")
§ Clause 3, page 2, line 42, after ("made") insert ("by him")
§
Clause 3, page 3, line 14, at end insert:
("(3) This section shall come into operation on the first day of January, nineteen hundred and twenty-three, and until that date the provisions of the Milk (England and Wales) Order, 1921, and the Local Authorities (Milk) Order, 1921, relating to the sale of milk under special designations or to the matters connected therewith, shall continue in force, and shall have effect as if they were enacted in this Act.")
§ Clause 4, page 3, line 17, after ("therefrom" insert ("or any skimmed milk or separated milk")
§
Clause 4, page 3, line 20, at end insert as a new subsection:
("(2) No person either by himself or any servant or agent shall sell or offer or expose for sale as milk any liquid in the making of which dried milk or condensed milk has been used.")
§ Clause 4, page 3, line 21, after ("section") insert ("except as regards the addition of skimmed or separated milk").
§ Clause 5, page 3, line 23, leave out ("knowingly")
§ Clause 5, page 3, line 25, at end insert (and he shall be guilty offence under this section if it is proved that he knew or could by the 1071 exercise of ordinary care have ascertained that the cow was suffering from that disease")
§ Clause 5, page 3, line 26, leave out ("contravenes the provisions of") and insert ("is guilty of an offence under").
§
Clause 6, page 4, line 4, at end insert:
("Any order made under this Act may be varied or revoked by an order made in the same manner and subject to the same provisions as the original order.")
§ Clause 8, page 4, line 16, at end insert:
§
("Subsection (1) of section one of the said Act shall have effect as though at the end thereof the following paragraph were added:—
(d) provide for the manner in which any tin or other receptacle containing dried, condensed, skimmed, or separated milk is to be labelled or marked, and prescribe the minimum percentages of milk fat and milk solids in dried or condensed milks.")
§ Clause 10, page 5, leave out Clause 10 and insert the following new clause:
§ Administration of Act.
§ (".—(1) The local authority for the purpose of the enforcement of sections three and four of this Act shall be the same as the local authority concerned with the enforcement of the Sale of Food and Drugs Acts, 1875 to 1907 (including an authority empowered by section thirteen of the Sale of Food and Drugs Act, 1875, to give directions to the officers named therein to procure samples of food or drugs), and the local authority for the enforcement of section five of this Act shall be the sanitary authority.
§ Provided that where a local authority have been authorised by the Minister to grant licences under section three of this Act, that local authority shall also be a local authority for the purpose of the enforcement of that section.
§ (2) The expenses incurred by a local authority authorised to grant licences under section three, or incurred by a local authority under sections two and five of this Act, shall be defrayed, in the case of a county council out of the county fund as expenses for general county purposes, and in the case of a sanitary authority as part of their general expenses in the execution of the enactments relating to public health, and any other expenses incurred by a local authority under this Act shall be defrayed in the same manner as expenses for the purposes of the Sale of Food and Drugs Acts, 1875 to 1907.")
§
Clause 11, page 5, line 22, at the beginning insert as a new subsection:
("(1) If a local authority fail to fulfil any of their duties under this Act or under any order relating to milk and dairies made by the Minister of Health, the Minister may, after holding a local inquiry, make such order as he thinks necessary or proper for the purpose of compelling the authority to fulfil their duties, and any such order may be enforced by mandamus.")
§ Clause 11, page 5, line 36, at end insert the following new clauses:
§ Provisions as to breaches of contract.
§ (". Where the registration of a retailer is refused, or a retailer is removed from a register, under this Act, the retailer shall not be liable 1072 to any action for breach of a contract for the purchase of further supplies of milk from a producer, if he can prove that such refusal or removal was due to the quality of milk supplied by the producer.")
§ Certificate of analyst prima facie evidence.
§ (". At the hearing of the information in any proceedings under section four of this Act, the production of the certificate of an analyst acting under the Sale of Food and Drugs Acts, 1875 to 1907, for the place in which the sample was taken, shall be sufficient evidence of the facts stated therein unless the defendant shall require that the analyst shall be called as a witness.")
§ Clause 12, page 6, line 17, leave out from ("sheriff") to ("shall") in line 18 and insert ("and the provisions of section two of this Act regarding appeals to quarter sessions")
§ Clause 12, page 6, lines 19 and 20, leave out ("subsection (2) of")
§ Clause 12, page 6, line 21, at end insert ("if notice of appeal is given within seven days of such decision")
§ Clause 12, page 6,line 25, at end insert:
§
("In subsection (3) of section three of this Act references to the Milk (Scotland) Order, 1921, the Local Authorities (Milk) (Scotland) Order, 1921, the Milk (Local Authorities) (Scotland) Order, 1920, and the Local Authorities (Milk) (Scotland) Order, 1920, shall be substituted for references to the Milk (England and Wales) Order, 1921, and the Local Authorities (Milk) Order, 1921.
(e) In subsection (2) of section nine of this Act references to the procurator-fiscal shall be substituted for references to the local authority.")
§
Clause 12, page 6, line 30, at end insert ("and any expense thereby incurred shall be defrayed out of the public health general assessment.
(g) Section eleven of this Act shall not apply.")
§
Clause 12, page 7, line 9, at end insert:
("Any expenses incurred by the local authority in the execution of the powers conferred on them by this paragraph shall be defrayed out of the public health general assessment, but such expenses shall not be reckoned in any calculation as to the statutory limit of that assessment").
§
Clause 13, page 7, line 24, at end insert as a new subsection:
("(3) This Act, except where otherwise expressly provided, shall come into operation on the first day of September, nineteen hundred and twenty-two.")
§ Moved, That this House doth agree with the Commons in the said Amendments.—(The Earl of Onslow.)
§ On Question, Motion agreed to.