FOOD AND DRUGS ACT (NORTHERN IRELAND) 1958 - SECT 36 Special provisions as to sampling of milk.

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FOOD AND DRUGS ACT (NORTHERN IRELAND) 1958 - SECT 36

Special provisions as to sampling of milk.

36.(1) Where a sample of milk is procured [, otherwise than by a
sampling officer,] from a purveyor of milk, [that purveyor] shall, if required
to do so by the person by whom the sample was procured, state the name and
address of the seller or consignor from whom he received the milk.

(2) Within sixty hours after the sample was procured from the purveyor he may,
subject to sub-sections (3) and (4), serve on

Para.(a) rep. by 1962 c.7 (NI) s.6(1)(b)

(b)the [district council] within whose [district] the sample was procured...;

(i)the name and address of the seller or consignor from whom he received the
milk; and

(ii)the time and place of delivery to himself of milk from a corresponding
milking;

(3) If a sample of milk from a corresponding milking

(a)has been procured since the procuring of the sample from the purveyor; or

(b)has been procured within twenty-four hours prior to the sample being
procured from the purveyor;

(4) The purveyor shall not have the right to require that a sample of milk
from a corresponding milking shall be procured if the milk from which the
sample was procured from the purveyor was taken from a mixture of milk
produced on more than one farm.

(5) If

(a)the purveyor has served on the [district council] a notice under
sub-section (2); and

(b)the [council] have, in a case not falling within sub-section (3) or
sub-section (4), omitted to procure in accordance with sub-section (2) a
sample of milk from the seller or consignor in the course of transit or
delivery;

(6) Any sample procured in accordance with sub-section (2) in the course of
transit or delivery shall be submitted for analysis to the person to whom the
sample procured from the purveyor is or was submitted.

(7) If a prosecution is brought against the purveyor, a copy of the
certificate of the result of the analysis of every sample procured in
accordance with sub-section (2) in the course of transit or delivery shall be
furnished to him, and every such certificate or copy shall, subject to the
provisions of section forty-eight, be admissible as evidence on any question
whether the milk sold by the purveyor was sold by the purveyor in the same
state as it was when he purchased it.

(8) [The district council]... within whose [district], the sample was procured
from the purveyor may, instead of, or in addition to, bringing a prosecution
against the purveyor, bring a prosecution against the seller or consignor.

(9) If a sample of milk of cows kept on any premises is procured in course of
transit or delivery from those premises, the occupier of those premises may,
within sixty hours after the sample was procured, serve on the [district
council] by whose officer the sample was procured a notice requesting the
[council] to take immediate steps to procure, as soon as practicable, a sample
of milk from a corresponding milking of the cows and thereupon

(a)sub-sections (3) to (7) shall, so far as applicable, apply with any
necessary modifications; and

(b)the person procuring the sample of milk from a corresponding milking of the
cows shall be empowered to take any such steps at the premises on which the
cows are kept as may be necessary to satisfy him that the sample is a fair
sample of the milk of the cows when properly and fully milked.

(10) It shall be a defence for a person charged with an offence under
this Act, or under regulations made thereunder, in respect of a sample of milk
taken [, otherwise than by a sampling officer,] after the milk had left [the
possession of the person charged] to prove that the container from which the
sample was taken was effectively closed and sealed at the time when it left
his possession, but had been opened before the person by whom the sample was
taken had access to it.[

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Northern Irish Legislation

FOOD AND DRUGS ACT (NORTHERN IRELAND) 1958 - SECT 36