As regards Section 40 I see that power is given to take samples of milk and cream. The procedure is, I believe, that the inspector keeps one sample and sends on two samples to the county analyst. In the case of a dispute as to the accuracy of the analysis the chief analyst in Dublin has to decide the matter. I do not see it stated here that his decision is to be final. Further, I would like to know whether this analysis is for the purpose of ascertaining whether the milk is dirty or not.
SECTION 40.
It gives power to enter the creamery to take samples:
I imagine that a bacteriologist rather than an analyst would be the man to discover that.
Does it not depend on Section 39, which says: " Any person who tenders or supplies any dirty, contaminated, or stale milk," etc.?
Yes, and that any inspector may enter any creamery or cream-separating station for the purpose of taking samples.
Could he not take samples to see whether it was below the standard, apart from being dirty?
Yes.
Sub-section (2) states: " Any inspector or any member of the Dublin Metropolitan Police or of the Gárda Síochána may at any time examine any milk or cream in the course of transport." In the case of a farmer who locks his churn when sending milk to the creamery, if he was asked for a sample by the inspector, he could not give it to him while on the way to the creamery.
It could be taken at the creamery.
Would he not be prosecuted for not giving the sample?
No.
If the churn is locked he has to wait until the milk arrives at the creamery.
It is a complete answer that the churn is locked.
But the quality of milk inside the churn may be bad.
He will have to follow it up. He would not be liable under this. The fact that the churn was locked would be a perfect answer.