I move: "That the Milk and Dairies Bill, 1934 be read a Second Time."
In deference to representations received from various quarters urging that additional powers should be given to sanitary authorities in regard to the registration of dairymen and purveyors of milk, the Milk Bill, 1934, was withdrawn in the last session for the purpose of having the requisite provisions included. In drafting the new legislation, opportunity has been taken to incorporate therein, as far as possible, existing enactments for safeguarding the purity of milk and for preventing the spread of disease by infected milk. The present Bill, therefore, embodies practically all previous legislative provisions framed for the purpose of ensuring the purity of milk intended for sale for human consumption in the form of milk.
As the members of the Dáil are already familiar with the terms of the original Bill, it is only necessary on this occasion to set out in detail the additional matters which are being dealt with in the Milk and Dairies Bill, 1934.
Part I. of the Bill contains preliminary and general provisions. The principal alterations as compared with the original Bill are as follows:—A new section, No. 9, defines more precisely what are to be regarded as premises utilised by dairymen for the purposes of their business. Section 12 replaces Section 11 of the former Bill and deals with the right of entry of sanitary officers and of inspectors to premises for the purpose of enforcing the provisions of the Act. The object of this amendment is to set out such powers more clearly and to increase the penalty for obstruction of right of entry.
Parts II. and III. of the present Bill represent two new portions which have been added to the original Bill. Part II. provides for the registration by sanitary authorities of dairymen and dairies. A temporary exemption from such registration is granted by Section 19 to suppliers to creameries which are authorised to sell pasteurised milk under a special designation licence. The reason for this exemption is that the milk produced by such suppliers has already for a number of years been subject to inspection in pursuance of the requirements of the Dairy Produce Act, 1924. This Part of the Bill requires every sanitary authority to keep a register of dairymen and to register the name and address of each applicant and particulars of the several premises specified in his application. If a sanitary authority are satisfied that an applicant is not suitable for registration as a dairyman they may refuse to register him or where he requests registration in respect of several premises they may refuse to register him in respect of such of these premises as they do not consider satisfactory.
Every order made by a sanitary authority refusing to register an applicant or premises shall state the specific grounds on which the application has been refused. Appeal to the Minister against any such refusal order is provided for, and he may confirm such refusal order or direct the sanitary authority to register the applicant or premises, as the case may be. The sale of milk by unregistered dairymen or on unregistered premises is prohibited. Provisions are included for the carrying on of business for a transitory period after the death of a dairyman in order to give time for the registration of the new proprietor. Power is taken to cancel registration of any dairyman or of particular premises where the sanitary authority are satisfied that just cause for such cancellation exists. Power of appeal to the Minister is given in respect of cancellation of registration and he may either confirm such cancellation or revoke it. Arrangements are made for rectification of erroneous entries in the register, and for annual re-registration of dairymen. The particulars included in the register are to be admissible in evidence in legal proceedings on the production of a certified copy of such particulars.
Part III. of the Bill authorises the making of regulations by the Minister in relation to dairies and milk and the inspection of animals. These regulations cover a wide field in regard to the construction of dairies, the cleanliness of dairies, vessels, machines and vehicles used in connection with the production and distribution of milk, the precautions to be taken for protecting milk against contamination or infection, and the methods of handling and distributing milk. The regulations are to be made with the concurrence of the Minister for Agriculture. The same right of temporary exemption from the provisions of this part of the Bill is given to suppliers of milk to creameries selling pasteurised milk as is given in Part II. of the Bill. Provision is also included for the inspection of animals in dairies by veterinary inspectors or registered veterinary surgeons, and for the taking of samples of milk from any animal for examination.
Part IV. of the Bill provides for the sale of milk under special designations. The only alteration in this part as compared with the original Bill is in regard to the provision dealing with fees payable for special designation licences. It is specified that such fees shall be collected in money and in such manner as the Minister for Finance may direct. The Public Offices Fees Act, 1879, is not to apply in respect of any fees payable to the Minister. Arrangements are also made for different fees being prescribed in respect of different classes of special designation licences and also in respect of special designation licences granted by the Minister and by other authorities.
Part V. of the Bill deals with the prevention of disease likely to be caused by infected milk. The only alteration in this Part is the inclusion of a new Section 41, which prohibits access to milk in a dairy by persons infected with a disease to which that part of the Act applies or by persons who have been in contact with such an infected person.
Part VI. relates to the sale of milk from diseased animals and contains only consequential alterations.
Part VII. deals with bacteriological examination of milk and has been amended in Section 48 in order that the manner of examination of milk can be prescribed so as to secure uniformity as far as possible in the methods adopted.
Part VIII. provides for the taking of samples of milk and has been altered in Sections 50 and 53 so as to distinguish between the procedure to be observed in sampling:—
(a) milk contained in closed receptacles (such as bottles) for sale retail in such receptacles, and
(b) loose milk contained in churns, cans, etc.
Provision is also being made for the transmission direct to a bacteriological examiner of any milk sample taken on a sampling notice if such notice so specifies.
Part IX. contains miscellaneous provisions. Section 55 has been altered by eliminating the reference to infected milk, seeing that the sale of such milk is already prohibited by Sections 39 and 44 of the present Bill. A definition of contaminated milk is also added. In Section 56 it has been deemed desirable to insert the Irish equivalents of milk, cream and buttermilk, seeing that the word milk in this part of the Act covers these classes of milk as well as separated or skimmed milk. The latter class of milk is dealt with in the following Section 57.
The following additional enactments are being repealed, viz.:—
Contagious Diseases (Animals) Acts, 1878 and 1886, as the powers thereof are incorporated in Parts II. and III. of the present Bill.
Section 4 of the Infectious Disease (Prevention) Act, 1890, which will be made redundant by the passing of Section 38 of the present Bill.
Sections 53 and 54 of the Public Health Acts Amendment Act, 1907, which will become unnecessary on the passing of Sections 59 and 42, respectively, of the present Bill.
Section 19 of the Tuberculosis Prevention (Ireland) Act, 1908, which will be no longer required in view of the greater power of control of dairymen granted to sanitary authorities under the registration provisions in Part II. of the Bill.
I may add that in framing the new Bill careful and sympathetic consideration has been given to all the points raised in discussions on the previous measure, and the legislation now proposed will, I am sure, commend itself to all persons interested in improving the methods of production and distribution of milk with a view to maintaining its purity and wholesomeness, and will ensure that increased consumption of this important article of nourishment can be encouraged with unalloyed benefit to the public health and more especially with advantage to the physical development and welfare of young children.