The object of this legislation is to improve the methods of production and distribution of the milk supply intended for sale for human consumption in the form of milk and to safeguard it from infection and contamination. As members of the Seanad are all aware, milk derived from healthy cows and handled in a hygienic manner is a most valuable food for aiding the physical development of the human body. It contains a great assortment of nutritive substances, is readily assimilated and, therefore, constitutes a foundation upon which an adequate diet can most safely and most easily be constructed. It is very valuable as a food for infants and young children, who derive from its protein the necessary material for the healthy growth of their bodies. It is also beneficial to adults because of the supply of ash constituents and vitamins which it contains. The investigations of research workers in recent years have clearly demonstrated the benefits to be derived from the consumption of a daily ration of milk. It has furthermore, the advantage of being a cheap form of food and a native product.
Having regard to the extent and importance of our dairying industry, it is a matter for surprise to find that in spite of its excellence as a food the consumption of milk in this country in its liquid form is substantially below the proportion consumed in other lands, and only 15.1 per cent. of the total milk production in the Saorstát is used for human consumption in the form of milk.
It is, therefore, clear from my foregoing remarks that there is a strong argument in favour of the increased consumption of milk as food in this country and that the quantity of milk available is sufficient to meet any probable increase in the demand. The question accordingly arises, why have the medical profession not urged the organisation of a campaign for the increased consumption of milk as a food. The reason is that of all foods milk is probably the one which is most easily contaminated by pathogenic organisms, seeing that it forms a most suitable medium for the propagation of bacteria. It may be infected from being derived from a cow suffering from tuberculosis or other disease, or it may be contaminated by uncleanly methods of milking or storage in dirty vessels. What would otherwise be an excellent food may, therefore, become a source of infection, and the use of contaminated milk as a beverage may give rise to a widespread outbreak of serious illness, especially in infants and young children, in whose dietary milk plays so large a part. It is, unfortunately, true that in many parts of this country milk producers have not yet learned the importance of ensuring that only cows which are proved to be free from tuberculosis should be utilised for the production of milk, and that the most scrupulous precautions in regard to cleanliness of the cows, of the milkers, and of the milk vessels are necessary if the milk is to be protected from contamination.
It is obvious that it would be unwise to advocate a general increase in the consumption of milk as a beverage until every effort is made to ensure that milk producers and the public at large are educated as regards the absolute necessity for cleanliness in connection with the production and handling of milk. It is also necessary that suitable penalties should be prescribed by law for offences in respect of the sale for human consumption of milk which is infected, contaminated or dirty.
In framing this Bill for the purpose of improving the standards of purity and wholesomeness of milk intended for sale for human consumption, it has been deemed advisable to incorporate therein previous measures conferring powers for the same purpose so as to ensure that this enactment when passed may contain in suitable form all the powers dealing with the protection of the purity of milk intended for sale for human consumption in the form of milk.
Part I of the Bill contains preliminary and general provisions and definitions. It authorises the fixing of appointed days for the coming into operation of various provisions of the Bill. It provides that, except in Part IV of the Bill, the word "milk" is to cover whole-milk, cream, buttermilk and separated or skimmed milk, and is to apply only to milk intended for sale for human consumption in the form of milk. The Bill does not, therefore, purport to affect the sale of milk intended for manufacture into butter, cheese, etc., powers in regard to which have already been obtained by the Minister for Agriculture under the Dairy Produce Acts. Having regard to the scope of the expressions "dairy" and "dairyman" as contained in the Bill, it has been deemed desirable to exclude from these definitions farmers who during the period when milk is abundant occasionally sell portion of the surplus milk produced on their farms to their labourers or their poor neighbours, provided that the selling of such milk does not form part of the ordinary business of such farmers. Exemption is also provided in regard to a farmer who supplies milk to an employee as part of the remuneration of such employee under his contract of service. The duty of enforcing the provisions of the Bill is imposed on sanitary authorities who are authorised to appoint officers for the purpose. Such officers are granted right of entry on premises for the purpose of enforcing the provisions of the Bill. The Minister for Local Government and Public Health and the Minister for Justice are empowered to make regulations prescribing certain matters in connection with the provisions of the Bill, such regulations to be laid before each House of the Oireachtas in the usual way. Enactments at present in force in regard to matters incorporated in this Bill are to be repealed.
Part II of the Bill prescribes that each sanitary authority shall keep registers of dairymen and dairies, and that no dairyman shall sell milk unless registered, nor on unregistered premises. The sanitary authority are empowered to refuse registration on sufficient grounds but the dairyman in case of such refusal has right of appeal to the Minister for Local Government and Public Health, who may either confirm such refusal or direct the sanitary authority to register the dairyman. In certain cases the sanitary authority may cancel registration of a dairyman or of any dairy but provision is made for appeal by the dairyman to the Minister, who may either confirm the cancellation with such modifications as he may deem fit or revoke the cancellation. Where a dairyman has been repeatedly convicted of an offence under the Bill or under the Sale of Food and Drugs Acts in relation to the sale of milk, the sanitary authority are required to cancel his registration and cannot without the consent of the Minister re-register such dairyman within a period of one year from the date of his last conviction. Certain other provisions are included in regard to keeping the registers of dairymen and dairies up to date, submitting evidence in legal proceedings as to the contents of such registers and allowing for an interim period for the carrying on of business without fresh registration after the death of a registered dairyman. It has been deemed desirable to exclude from the provisions of this Part of the Bill suppliers to creameries which sell milk of special designation for human consumption, provided such suppliers do not sell milk to other persons. The reason for this exemption is that suppliers to creameries have for the past ten years been subject to the provisions of the Dairy Produce Acts, which prohibit the supply of dirty or contaminated milk to creameries. The standard of production of these suppliers is therefore higher than the general standard of milk production in most parts of the country. The exemption is purely temporary and will be withdrawn in due course on the improvement of the general standard of milk production. Arrangements are also made for excluding from this Part of the Bill persons who sell milk only for consumption on the premises, such as restaurant-keepers, etc. This will obviate needless registration work.
Part III of the Bill empowers the Minister for Local Government and Public Health, with the concurrence of the Minister for Agriculture, to make regulations in regard to various matters dealing with the construction and cleanliness of dairies and dairy equipment, precautions for protection of milk against contamination or infection, and the inspection of dairies, dairy equipment and dairy employees. Such regulations may be either special or general and may apply to the whole of Saorstát Eireann or to any specified district. The Minister for Local Government and Public Health may also make regulations in regard to the inspection of animals in dairies by veterinary officers and may authorise such officers to take samples of milk from any such animal for examination. The exemption of certain creamery suppliers from this Part of the Bill is also prescribed.
Part IV of the Bill provides for the sale of milk under special designations. At present, as members of the Seanad know, milk is being offered for sale under different descriptions implying certain superior qualities in the milk, but under the existing law there is no redress for a purchaser if the milk sold to him is not up to the standard of purity for which he has paid. The Minister for Local Government and Public Health is empowered under this Part of the Bill to make regulations prescribing special designations which may be used in connection with milk sold or offered for sale and providing for the granting of licences for the sale of milk of any such special designation on payment of the prescribed fee. It is intended to follow the recommendation of the Inter-Departmental Committee on the milk supply and to classify the superior qualities of milk under three special designations, including pasteurised milk. It is contemplated that at first the Minister will keep control to a large extent of the issue of such licences until the standards of purity and cleanliness become fairly established, and local authorities are educated to realise the importance of maintaining these standards. It may be possible, however, at an early date to devolve such duties on the municipal authorities of the county boroughs who appreciate the necessity for strict enforcement of the necessary precautions in the matter. When these provisions of the Act come into force, the sale of milk under special designations by unlicensed persons will be prohibited. Power is also granted to the Minister to make regulations prescribing the general designations which may be used by dairymen in regard to milk offered for sale without obtaining a special designation licence. General designations may be in the nature of "fresh milk" or "new milk" or such other title as will not imply any special degree of purity or cleanliness, in such milk. For instance, the terms "pure milk" or "best milk" would not be permitted to be used as a general designation. It will not be lawful for any person to use in connection with milk offered for sale, any words or signs which are neither a special designation nor a general designation and which are intended to indicate that the milk is of a particular quality or prepared in a particular manner or suitable for a particular purpose. Sanitary authorities may be required by the Minister to ascertain whether holders of special designation licences in their districts are conforming to the conditions on which these licences have been granted.
Part V of the Bill deals with the prevention of disease likely to be caused by milk infected by persons suffering from, or carriers of, certain forms of disease likely to be readily conveyed by milk. Power is granted to medical officers to carry out investigations in regard to the origin of outbreaks of diseases suspected to be milk-borne and to prohibit the sale of milk suspected to carry such infection. Every prohibition order for that purpose made by a medical officer shall come into force immediately on being served on the dairyman concerned, who may, however, appeal against the order to the district court. Provision is made for compensation of the dairyman for any loss or damage sustained by reason of such prohibition order, unless the order resulted from his own default or neglect. Penalties are included for the sale of milk infected with any disease to which this Part of the Bill applies, and for neglect of a dairy employee to inform his employer that milk has, within the knowledge of such employee, become infected with a disease to which the Bill applies. Persons infected with such diseases or exposed to infection from such diseases are prohibited from having access to milk in dairies, and the sale of milk to which such persons have had access is prohibited under penalty.
Part VI of the Bill is designed to prevent the sale of milk derived from animals suffering from certain diseases likely to render their milk unsuitable or dangerous for human consumption.
Part VII of the Bill provides for the bacteriological examination of samples of milk and empowers the Minister for Local Government and Public Health to appoint duly qualified persons as bacteriological examiners, to fix fees to be paid for bacteriological examination and testing of samples of milk, and to prescribe the methods to be used in the examination and testing of such samples.
Part VIII of the Bill deals with the appointment of milk-sampling officers and the procedure to be observed in sampling milk supplies. It is to be noted that the milk-sampling officers will be persons whose professional or special training enables them to appreciate the necessity for the observance of suitable precautions to avoid the risk of introduction of any external contamination in the course of taking the samples. The procedure for taking and dealing with samples of milk is also set out and differentiation is made as between the sampling of loose milk contained in churns, cans or other vessels, and milk which is intended for sale in closed receptacles such as bottles.
Part IX of the Bill contains miscellaneous provisions. It provides for the submission as evidence in legal proceedings of certificates from bacteriological examiners on the results of the examination of samples of milk. Moreover, it is to be noted that, under the existing law, it is possible to sell with impunity milk which is contaminated or dirty, and the Bill contains a provision making the sale of such milk an offence punishable in the case of a first conviction by a fine not exceeding £5 and in the case of any subsequent conviction by a fine not exceeding £50, or imprisonment. This portion of the Bill also requires vehicles, cans or other receptacles from which milk is being delivered to a purchaser in any highway or public place to be conspicuously inscribed with the words "Bainne ar díol, "Uachtar ar díol," or "Blathach ar díol." For the benefit of members of the Seanad who are not familiar with these terms, I may explain that they represent in Irish the English inscriptions "Milk for sale,""Cream for sale" and "Buttermilk for sale," respectively. These inscriptions are mainly intended for the information of sampling officers and there is no doubt that they will present little difficulty to these officers on account of being in the Irish language. Power is also given to the Minister for Local Government and Public Health, after consultation with the Minister for Agriculture, to make regulations dealing with the labelling of tins or other receptacles in which separated or skimmed milk is being offered for sale. Sanitary authorities are authorised, with the approval of the Minister for Local Government and Public Health, to establish depots for the sale of milk which has been specially prepared for the nourishment of infants. Medical officers are authorised to obtain from dairymen particulars of the sources from which such dairymen have derived their milk supplies. Procedure is set out for the service on dairymen of notices or other documents required by this Bill. Finally, a penalty is prescribed for obstruction of officers exercising their powers under the Bill.
In conclusion, I would like to point out that the production of clean milk does not involve any very elaborate equipment or necessarily entail any considerable expense on building elaborate cow-byres or dairies. It demands closer attention to the conditions under which dairy cattle are kept, to the grooming of the cattle before milking, and calls for greater care and cleanliness on the part of the milkers and distributors, together with the provision of suitable facilities for cleansing and sterilising milk vessels and utensils.
I am glad to say that the experience gained in connection with the schemes for the provision of free milk for necessitous children at the cost of the State which have now been in operation for the last two years has demonstrated that there are many milk producers in this country ready and willing to adopt progressive methods by submitting their cattle to the tuberculin test, and improving the conditions of milk production if they are given some encouragement by receiving reasonable preference for milk so produced over the milk handled in the ordinary way. Such preference was given for milk from tuberculin-tested herds in connection with contracts under the free milk supply schemes, and in Dublin, Cork, Limerick and Waterford County Boroughs and in a considerable number of urban districts and portions of rural areas tuberculin-tested milk has been supplied under these schemes. The testing of the dairy herd in each case was certified by a veterinary surgeon.
It is hoped that, as a result of this legislation, the cleanliness and wholesomeness of the general milk supply will be improved to such an extent that the medical profession will be enabled without reserve to encourage the more general use of milk as a valuable food. It would then be possible to undertake an intensive campaign to educate public opinion in regard to the wonderful food properties of pure milk and it may be practicable, in due course, to make this native product the popular beverage in this country instead of imported tea the excessive use of which has been detrimental to the physical development of many of our people.