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Special Committee Dairy Produce Bill, 1924 debate -
Thursday, 20 Nov 1924

SECTION 4.

(1) Any inspector may at all reasonable times enter any premises upon which dairy produce is manufactured for sale and may inspect all such portions of those premises as are in any way used for or in connection with such manufacture, and may inspect all plant, machinery, appliances, and utensils used in such manufacture, and also the dairy produce manufactured on the premises and the ingredients and materials used in the manufacture thereof.
(2) Where any inspector is satisfied after an inspection under the foregoing sub-section that any such premises as aforesaid or any of the plant, machinery, appliances, or utensils therein do not comply with the conditions of cleanliness and order, such inspector may serve a notice in the prescribed form upon the person carrying on on such premises the manufacture of dairy produce for sale requiring such person to do in the manner and time specified in such notice all or any of the things specified therein.
(3) Any such notice as aforesaid may require—
(a) that the premises or any specified portion thereof be cleansed;
(b) that the plant and machinery, or the appliances, or any part thereof and the utensils or any of them used in the premises to be cleansed;
(c) that the premises or any specified portion thereof be put in a state of good repair;
(d) that such structural alterations or additions be made in or to the premises as the notice may specify;
(e) that the plant and machinery, or the appliances, or any part thereof and the utensils or any of them used in the premises be put in a state of good repair;
(f) that such improvements or additions as the notice may specify be made in or to the plant, machinery, appliances, and utensils used in the premises;
(g) that any steps be taken, either generally or as specified, to ensure that the milk or cream, and all other ingredients and materials used in the process of manufacturing dairy produce on the premises be clean;
(h) that any source of contamination to which the dairy produce manufactured in the premises, or the ingredients and materials thereof, are exposed be removed or rendered innocuous;
(i) that the premises be supplied with an adequate supply of good and wholesome water.
(4) Where the name of the person carrying on the manufacture of dairy produce on any premises is not known, any notice under this section in relation to the premises may be addressed to " the person carrying on the manufacture of dairy produce " on the premises without naming him.
(5) A notice under this section may be served by delivering the same to the person to whom it is addressed or by leaving the notice on the premises to which it relates or by sending it by post to the person to whom it is addressed at the premises to which it relates.
(6) Any person upon whom a notice has been served under this section who fails to comply, in the manner and within the time specified in such notice, or in such notice as amended by the arbitrator, with the requirements thereof as amended ( if at all) by the arbitrator and who on the expiration of the time aforesaid continues to carry on on the premises to which such notice relates the business of the manufacture of dairy produce for sale shall (subject to any suspension of the notice under the provision in that behalf hereinafter contained) be guilty of an offence against this section and shall be liable on summary conviction thereof to a penalty not exceeding twenty pounds and to a further penalty not exceeding five pounds for every day on which such default continues .

I have a small amendment. Section 4, sub-section (1), at the end of the sub-section to add the following words :—

" and may take and remove without payment reasonable samples of such dairy produce and of such ingredients and materials."

Is that not provided for in sub-section (3) ?

Not in this section, " Any Inspector may at all reasonable times enter any premises where dairy produce is manufactured for sale and may inspect all such portions of those premises as are in any way used for or in connection with such manufacture, and may inspect all plant, machinery, appliances and utensils, and may take and remove without payment reasonable samples," etc. Of course, it would be almost impossible to say what was a reasonable sample of butter . The inspector will stick in a small scoop and take it up.

It is not necessary to know the weight of it, even?

He would not take too much. He would be a lazy fellow, probably.

Amendment put, and agreed to.
Government amendment:
In sub-section (2), line 11, before the word " any " to insert the words " the dairy produce manufactured herein or any materials or any ingredients used in the manufacture of such dairy produce or."
Amendment put, and agreed to.

The next Government amendment is:

Before sub-section (2) to insert a new sub-section as follows:—

" (2) If any persons obstructs or impedes an inspector in the exercise of any of the powers conferred on him by this section, such person shall be guilty of an offence under this section, and shall be liable on summary conviction thereof, in the case of a first offence, to a penalty not exceeding five pounds, and in the case of a second or any subsequent offence to a penalty not exceeding ten pounds."

How do these penalties compare with the general penalties in the Bill?

They are rather lower than some of them .

Some of the penalties, as well as I remember. are on people like butter factors, and they are only asked to pay £5 or £10.

It depends on the offence.

Five pounds is a good deal for a first offence.

It is " not exceeding five pounds."

Amendment put, and agreed to.
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