Dairy Hygiene
Dairy Regulation
There exist several pieces of legislation regulating aspects of agricultural industries from the perspective of ensuring food hygiene and safety. This reflected the importance of agriculture to the newly independent State. Much of the legislation is still in force but has been superseded or restricted by later European based, more comprehensive food hygiene measures.
The Dairy Produce Act provides for the regulation of the manufacture, marketing and export of dairy products to improve its general standard. It makes provision for the registration and control of premises engaged in the manufacture or sale of dairy produce and the marketing of such products.
Regulation under the Act is still sometimes found in parallel with the legislation under the more modern legislation.
Premise
All premises on which dairy produce is manufactured must:
- Be structurally suited for the manufacture of the description of dairy produce concerned;
- Premises, plant and equipment, appliances and utensils must be kept clean and in good order;
- Milk, cream and other ingredients used in manufacturing must be clean;
- Premises must be situated in a position and used in a manner to prevent exposure of dairy products or ingredients to any contamination or potential contamination;
- There must be available good and wholesome supply of water.
Plants must be equipped with the requisite appliances and utensils as required by law.
Inspection
Department of Agriculture inspectors may enter any premises at which dairy produce is manufactured for sale, inspect all plant and equipment and take samples as required. It is an offence to obstruct an officer. An officer may make a notice requiring compliance with conditions in relation to cleanliness, hygiene, etc.
The notice may make requirements in respect of the premises, plant and equipment, repairing, structural alterations, improvement, mandatory steps, removal of contamination, and supply of water. It is an offence to fail to comply with the notice. There is provision for disputes in relation to notices to be referred to an arbitrator.
Where the notice requires the premises to be put in good repair or structural alterations, there are special provisions dealing with the scenarios where the person notified is not the occupier or is a tenant and not the owner.
There are provisions whereby the person carrying on the business is free to undertake work notwithstanding restrictions in tenancies etc.
Butter Manufacture
There are detailed provisions in the legislation regarding manufacturers of butter. Butter must be manufactured only on premises registered in the registry of creameries, butter factories, manufacturing or non-manufacturing exporters.
Butter must be packed in accordance with regulations under the legislation. The package and wrapping must comply with marks prescribed by the regulation.  Butter may not be removed from packaging prior to export. There are provisions in respect of water content and cleanliness.
Inspectors may inspect the interior of all premises registered under the Dairy Produce Act or other legislation:
- Premises on which butter was sold, exposed for sale, stored;
- Premises of a person engaged in the business of carrying such goods for reward;
- Warehouses involved in exporting;
- Docks, piers, jetties, etc;
- Ships, railways, boats, cars, lorries, vans, etc.
Samples taken by authorised officers. It is an offence to obstruct or impeded an officer.
Construction of Dairies
Regulations may specify construction of dairies:
- Lighting, ventilation, drainage, water supply;
- Cleanliness of dairies and all plant and equipment;
- Precautions against infection and contamination;
- Manner of cooling of milk;
- Conveying and distribution of milk;
- Labelling, marking and identifying of receptacles;
- Inspection of vessels;
- Milking of animals.
Breach of the regulation is an offence.
Dairy Hygiene
There are provisions in relation to the prevention of diseases likely to be caused by infected milk. Milk supplies may be stopped and prohibited where they are likely to cause disease.
It is an offence to sell infected or diseased milk. It is an offence for an employee not to inform the dairymen of milk becoming infected. The sale of milk to which an infected person has access is prohibited. It is prohibited for infected persons to have access to milk.
Milk may not be sold without notice where it is likely to be exposed to infection. The dairyman must inform the authority in writing of the full facts of any risk of infection.
It is an offence to use milk from animals suffering from specified diseases.
Testing
The legislation permits the minister to appoint bacteriological examiners for the purpose of the legislation. Fees are payable in respect of the examination. The Department, the authority and dairy men may submit samples of milk for examination.
The authorities and regulators have the power to sample milk. There is provision by which samples may be divided. There are provisions for taking sampling.
It is an offence to sell or expose for sale any contaminated or dirty milk. It is not lawful to sell milk in a public place from a vehicle unless certain details are provided and appear.
Separated or skimmed milk must be labelled and marked in a manner provided by regulation.
Bottling and Composition
The minister may make regulations specifying the method of bottling milk for sale under a general designation and providing in particular, the grant by the authority of general designation bottling licences, a form of licences, duration of licences, terms and conditions.
It is an offence to sell as whole milk any milk with less than the prescribed percentage of milk fat and milk solids. It is an offence to sell such skimmed or separated milk, milk containing less than the prescribed percentages of milk solids and milk fat.
It is an offence to sell as cream any article which would lessen the prescribed percentage of milk fat. It is an offence to sell as buttermilk any article of food with less than the prescribed percentage of milk solids other than milk fat. The minister may make regulations.
The definition of milk shall mean whole milk, skimmed, separated milk cream or buttermilk as prescribed under the legislation. The general sale of food legislation applies to milk, and it must comply with the provisions referable to milk content if sold under the description.
A person selling milk may be required to furnish details of the persons who sold or consigned the milk to them.