Milk and Dairies Act, 1935
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Prohibition of sale of milk except under special designation. |
33.—(1) The Minister may, on the application of the sanitary authority of a sanitary district, from time to time by order under this sub-section prohibit the sale of milk, in case such district is an urban sanitary district, within the meaning of the Public Health Acts, 1878 to 1931, in such district or, in case such district is a rural sanitary district, within the meaning of the said Acts, either (as may be specified in such order) in such district or a specified part thereof, unless such milk is sold under a special designation, within the meaning of Part IV of this Act. | |
(2) Where an order has been made under the immediately preceding sub-section in relation to any sanitary district or a part thereof, the Minister may, on the application of the sanitary authority of such sanitary district, by order under this sub-section revoke such first-mentioned order. | ||
(3) The following provisions shall have effect in relation to an application by a sanitary authority for an order under this section, that is to say:— | ||
(a) such sanitary authority shall, before making such application, give such public notice as may be prescribed of their intention to make such application; | ||
(b) the making of such application shall be— | ||
(i) in the case of the county borough of Dublin or the borough of Dun Laoghaire, a reserved function for the purposes of the Local Government (Dublin) Act, 1930 (No. 27 of 1930), and | ||
(ii) in the case of the county borough of Cork, a reserved function for the purposes of the Cork City Management Act, 1929 (No. 1 of 1929), and | ||
(iii) in the case of the county borough of Limerick, a reserved function for the purposes of the Limerick City Management Act, 1934 (No. 35 of 1934). | ||
(4) If any person acts in contravention of any order made under sub-section (1) of this section and for the time being in force 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 under this section, to a fine not exceeding five pounds, and, in the case of a second or any subsequent offence under this section, to a fine not exceeding fifty pounds, and, in either case, if the offence is a continuing one, to a further fine not exceeding forty shillings for each day during which the offence continues. | ||
(5) An offence under this section may be prosecuted by or at the suit of the sanitary authority within whose sanitary district the offence was committed as prosecutor. |