I move that the Bill be now read a Second Time. This legislation is intended to supplement the provisions of the Milk Bill, 1934, and to amend, in certain respects, the existing Sale of Food and Drugs Acts in order to bring their requirements, so far as they concern milk, into general conformity with the proposed legislation for improving the purity and the wholesomeness of the milk supply.
Section 1 of the Bill deals with the definitions and, inter alia, defines whole milk.
Section 2 confers power on the Minister for Agriculture, after consultation with the Minister for Local Government and Public Health, to make regulations prescribing the percentages of milk fat and milk solids other than milk fat in whole milk, of milk solids in skimmed or separated milk, of milk fat in cream and of milk fat and milk solids in buttermilk. The object of this section is to make better provision for dealing with the vendor of milk which is found to be deficient in its constituents. Under Section 6 of the Sale of Food and Drugs Act, 1875, such vendor may be prosecuted for selling "to the prejudice of the consumer, any article of food which is not of the nature, substance and quality demanded by the purchaser." It was found necessary to amend that section by Section 4 of the Act of 1899 with a view to determining what deficiency in the normal constituents of milk should raise a presumption that the milk was not genuine.
So far as whole milk is concerned, the efficacy of this amendment of the law has been considerably lessened by the use of the defence referred to colloquially as "straight from the cow." This defence relies on evidence that the milk as sold was of the same constitution as when it came from the cow and is a rebutting of the presumption that the milk was not genuine, raised under Section 4 of the Act of 1899. The courts have held that such evidence unless disproved prevents a conviction. Even where such evidence is untrue, it is obviously very difficult to rebut it and an amendment of the law on the subject is essential if fraudulent milk vendors are to be adequately dealt with. The Minister for Agriculture has expressed the opinion that the presumption of non-genuiness of whole milk which does not contain the prescribed percentages of milk fats and of milk solids not fat should be made a conclusive presumption, which cannot be rebutted in respect of milk intended for human consumption in the form of milk. The provisions of this section therefore abolish the defence of "straight from the cow" in respect of whole milk.
Section 4 of the Act of 1899, in so far as it relates to milk and cream, is repealed by this section of the Bill and provision is made for the fixing of an appointed day for the operation of this section.
Sections 3, 4, 5 and 6 deal with amendments in the procedure for taking samples of milk for the purposes of the Sale of Food and Drugs Acts, and enable such samples to be taken without payment and in course of transit or delivery.
Section 7 requires a purveyor of milk to disclose to the sampling officer on receipt of a notice for the purpose the name and address of the seller or consignor from whom he received the supply of milk from which the sample has been taken, together with particulars of the time and place of delivery of future consignments of milk from such seller or consignor.
The provision in Section 8 is intended to operate in cases in which a defence that the milk has been purchased under a written warranty of its genuineness is intended to be relied on. In such circumstances a purveyor who wishes to avail of such a defence is required to serve notice on the sampling authority within sixty hours after the taking of a sample, stating the name and address of the person who sold him the milk, and particulars of the time and place of delivery of future consignments from such person and requesting the sampling authority to have samples of the milk taken in course of transit from such person. If the sampling authority fails to comply with this request no proceedings can be taken in respect of the sample. Where a warranty is pleaded this procedure will enable the prosecution to test whether the defendant sold the milk in the same condition in which it was received.
Section 9 has the effect of voiding any provision in a contract which requires a purveyor of milk, on a sample of his milk being taken under the Sale of Food and Drugs Act, to send to the person from whom the milk has been procured, any part of such sample or to notify that person of the sample having been taken.
Section 10 provides for approved expenses incurred by the Minister for Agriculture under the Bill being paid out of moneys provided by the Oireachtas.
Section 11 prescribes the title of the Act and citation with the other similar Acts as the Sale of Food and Drugs Acts, 1875 to 1934.
It is hoped that the passing of this legislation will enable the quality of the milk supply intended for human consumption to be maintained at a proper standard consonant with the importance of the dairying industry of this country, and that it would provide a serious deterrent to attempts on the part of fraudulent purveyors of milk to secure dishonest profits at the expense of the health of the infants and young children in whose dietary milk is so large a part.