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Sale of milk, etc., not of the proper nature, substance and quality.
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2.—(1) If on or after the appointed day any person—
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(a) sells as whole milk, any article of food which contains—
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(i) less than the prescribed percentage (if any) of milk-fat; and
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(ii) less than the prescribed percentage (if any) of milk-solids, other than milk-fat; or
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(b) sells as skimmed or separated milk any article of food which contains less than the prescribed percentage (if any) of milk-solids, other than milk-fat; or
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(c) sells as cream any article of food which contains less than the prescribed percentage (if any) of milk-fat; or
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(d) sells as buttermilk any article of food which contains less than the prescribed percentage (if any) of milk solids, other than milk-fat;
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such person shall be deemed for the purposes of section 6 of the Principal Act to have sold to the prejudice of the purchaser an article of food which is not of the nature, substance and quality of the article demanded by such purchaser.
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(2) The Minister for Agriculture, after consultation with the Minister for Local Government and Public Health, may by order make regulations fixing any percentage referred to in the immediately preceding sub-section as prescribed, and different percentages of milk-fat may be fixed in relation to whole milk, and cream, and different percentages of milk-solids, other than milk-fat, may be fixed in respect of whole milk, skimmed or separated milk, and buttermilk, and the word “prescribed” in the said sub-section means prescribed by such regulations.
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(3) The Minister for Agriculture, after consultation with the Minister for Local Government and Public Health, may by order fix a day to be the appointed day for the purposes of this section, and the day so appointed shall be the appointed day for those purposes.
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(4) As from the appointed day, section 4 of the Act of 1899, shall be amended by the deletion of the words “genuine milk, cream”, the words “milk (including condensed milk) cream” and the words “milk, cream” now contained therein and the said section shall be construed and have effect accordingly.
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(5) Whenever an article of food is sold as milk without any other description or qualification, such article of food shall be deemed for the purposes of this section to have been sold as whole milk.
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(6) Every regulation made under this section shall be laid before each House of the Oireachtas as soon as may be after such regulation is made, and if a resolution annulling such regulation is passed by either House of the Oireachtas within the next subsequent twenty-one days on which that House has sat after such regulation is so laid before it such regulation shall be annulled accordingly, but without prejudice to the validity of anything previously done under such regulation.
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