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

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

Special provisions as to sampling of milk by sampling officers.

36A.(1) Where a sample of milk is procured by a sampling officer from a
purveyor of milk, that purveyor shall, if required to do so by the
sampling officer, state

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

(b)the time and place of delivery to him by the seller or consignor of milk
from a corresponding milking.

(2) Subject to sub-section (3), the [district council] by whose officer the
sample was procured shall not bring a prosecution under this Act against the
purveyor in respect of the sample procured from him unless the [council] have
within

(a)twenty-four hours prior to the sample being procured from the purveyor; or

(b)one hundred and twenty hours after the sample was procured from the
purveyor;

(3) It shall not be necessary for the [district council] to procure a sample
of milk from a corresponding milking 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.

(4) 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.

(5) 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.

(6) The [district council] by whose officer 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.

(7) 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 (2) to (5) shall, so far as applicable, apply with any
necessary modifications; and

(b)the sampling officer 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.

(8) 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 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 sampling officer had access to it.]

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Northern Irish Legislation

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