Milk and Dairies Act, 1935

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Cancellation of registration on grounds of unsuitability of dairyman, etc.

26.—(1) Where a sanitary authority are satisfied that—

(a) any person registered in the register of dairymen kept by them is no longer a fit and proper person to carry on the business of dairyman, or

(b) that any person registered in such register has been convicted of an offence under this Act or of an offence under the Sale of Food and Drugs Acts, 1875 to 1935, in relation to the sale of milk, or

(c) that the registration of any person in the register of dairymen kept by them was procured by fraud or by misrepresentation, whether fraudulent or innocent,

such sanitary authority may, subject to the provisions of this section, by order (in this section referred to as a cancellation order) cancel the registration of such person in such register.

(2) Where a sanitary authority are satisfied that any premises in respect of which any person is registered in the register of dairymen kept by them are no longer suitable for use as a dairy, such sanitary authority may, subject to the provisions of this section, by order (in this section also referred to as a cancellation order), in case such person is registered in such register in respect of other premises, cancel the entry of such first-mentioned premises in such register or, in any other case, cancel the registration of such person in such register.

(3) Every cancellation order shall state the grounds on which such order is made.

(4) Where a sanitary authority make a cancellation order cancelling the registration of a person in the register of dairymen kept by them, such order shall specify a period commencing from the date of such order during which such person shall not be eligible for re-registration in such register.

(5) The following provisions shall have effect in respect of the making by a sanitary authority of a cancellation order in relation to a person (in this sub-section referred to as the dairyman) registered in the register of dairymen kept by such sanitary authority, that is to say:—

(a) before making such order, such sanitary authority shall cause a draft of the proposed order to be prepared;

(b) such sanitary authority shall serve on the dairyman a notice in the prescribed form of their intention to apply to the Minister for his consent to the making of the proposed order, and such notice shall incorporate a copy of the said draft;

(c) the dairyman may, within fourteen days after the service of the said notice, make representations to the Minister in relation to the proposed order;

(d) as soon as may be after the service of the said notice, such sanitary authority shall apply to the Minister for his consent to the making of the proposed order, and such application shall be accompanied by a copy of the said notice having endorsed thereon the date of service thereof on the dairyman;

(e) on receipt of the said application the Minister shall, but not earlier than fourteen days after the date of the service of the said notice on the dairyman, consider the said application and any representations made by the dairyman, and shall, after such consideration, do one of the following things, namely—

(i) consent to the making of the proposed order in terms of the said draft, or

(ii) amend the said draft and consent to the making of the proposed order, in terms of the said draft, as so amended, or

(iii) refuse his consent to the making of the proposed order;

(f) such sanitary authority shall not make the proposed order if the Minister has refused his consent and shall not, if the Minister has consented to the making thereof, make the proposed order otherwise than in the terms of the said draft or the said draft, as amended by the Minister (as the case may be).

(6) Where a sanitary authority make, with the consent of the Minister, a cancellation order they shall serve a copy of such order on the person to whom such order relates, and such order shall come into force on the seventh day after the date of such service.

(7) Where a cancellation order cancelling the registration of a person registered in the register of dairymen kept by a sanitary authority comes into force, such sanitary authority shall not, without the consent of the Minister, re-register such person in such register during the period specified in such order as the period during which such person shall not be eligible for re-registration in such register.

(8) Where a person registered in the register of dairymen kept by a sanitary authority is convicted for the third time within a period of five years of an offence under this Act or of an offence under the Sale of Food and Drugs Acts, 1875 to 1935, in relation to the sale of milk, such sanitary authority shall cancel the registration of such person in such register, and, notwithstanding anything contained in this Act, shall not, without the consent of the Minister, re-register such person in such register during the period of one year commencing from the date of the last of such convictions.