Milk and Dairies Act, 1935

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Stoppage of supplies of milk likely to cause disease.

41.—(1) If the medical officer of a sanitary district has reason to suspect that any disease to which this Part of this Act applies is caused, or is likely to be caused, by the consumption of any milk which is being exposed or kept for sale within such sanitary district, he shall ascertain the location of the dairy in which the animal or animals from which such milk was obtained is or are kept, and thereupon the following provisions shall have effect, that is to say:—

(a) if such dairy is within such sanitary district, he shall examine the dairy and, if he so thinks fit, any person engaged in the service thereof, or resident in the dairy, or who may be resident in any premises where any person employed in such dairy may reside, and shall, if necessary, require the veterinary officer to accompany him and to examine the animals therein, and

(b) if such dairy is situate in another sanitary district, he shall forthwith by the most expeditious means available inform the medical officer of such other sanitary district of the facts of the case and the location of such dairy and thereupon the medical officer of such other sanitary district shall do the following things, that is to say:—

(i) he shall examine the dairy and, if he so thinks fit, any person engaged in the service thereof, or resident in the dairy, or who may be resident in any premises where any person employed in such dairy may reside, and shall, if necessary, require the veterinary officer to accompany him and to examine the animals therein, and

(ii) he shall report to the sanitary authority whose· medical officer he is and to the medical officer from whom such information was received, the result of such examination and any action taken by him under the next following sub-section.

(2) If the medical officer of a sanitary district, who has in pursuance of the immediately preceding sub-section examined a dairy, is satisfied as the result of such examination that any disease to which this Part of this Act applies is caused or is likely to be caused by the consumption of milk supplied from such dairy, he may make an order (in this section referred to as a prohibition order) prohibiting the dairyman, either absolutely or unless such conditions as such medical officer may think fit to insert in such order are complied with, from selling or allowing any other person to sell any milk from such dairy or from any particular animal or animals therein so long as such order is in force.

(3) Every prohibition order shall be in the prescribed form and state the grounds upon which such order was made.

(4) Whenever a prohibition order is made the medical officer shall do the following things, that is to say:—

(a) serve a copy of such order on the person in respect of whom it is made, and

(b) send a copy of such order together with any veterinary and bacteriological reports obtained by him to the sanitary authority whose officer he is and to the Minister.

(5) Every prohibition order shall come into force immediately upon the service thereof on the person in respect of whom it is made and shall remain in force unless and until it is withdrawn or annulled under this section.

(6) If a medical officer by whom a prohibition order is made is satisfied that the milk to which such order applies is no longer likely to cause a disease to which this Part of this Act applies he shall forthwith by notice in writing served on the person in respect of whom such order was made withdraw such prohibition order and such withdrawal shall have effect as from the date of such service.

(7) If a dairyman is aggrieved by the making or continuance of a prohibition order such dairyman may appeal to the District Court in the prescribed manner.

(8) The following provisions shall have effect in relation to an appeal under the immediately preceding sub-section, that is to say:—

(a) on the hearing of such appeal the District Court may confirm, vary or annul the prohibition order the subject of such appeal and may direct to and by whom the costs of the appeal are to be paid;

(b) on the hearing of such appeal, the court shall determine and state whether the prohibition order the subject of such appeal was made in consequence of the default or neglect of the appellant or any person who, immediately before the making of such order, was an employee of the appellant, or the withdrawal of such order has been unreasonably neglected or refused and such determination shall be conclusive,

(c) no appeal shall lie to the Circuit Court under section 84 of the Courts of Justice Act, 1924 (No. 10 of 1924).

(9) If a prohibition order is made against a dairyman—

(a) such dairyman shall, unless such order has been made in consequence of his own default or neglect or that of any person who, immediately before the making of such order, was an employee of such dairyman, be entitled to recover from the sanitary authority full compensation for any loss or damage he may have sustained by reason of the making of the order;

(b) every person who, immediately before the making of such order was an employee of such dairyman shall, unless such order was made in consequence of any neglect or default by himself or by such dairyman, be entitled to recover from the sanitary authority, full compensation for any loss or damage he may have sustained by reason of the making of the order;

(c) such dairyman and every person who, immediately before the making of such order, was an employee of such dairyman shall be entitled to recover from the sanitary authority full compensation for any damage or loss which he may sustain in consequence of any unreasonable neglect or refusal by the medical officer of such sanitary authority to withdraw such order.

(10) The following provisions shall have effect in relation to the recovery of compensation under the foregoing sub-section, that is to say:—

(a) subject to the provisions of the next succeeding paragraph, any dispute as to the fact of any damage or loss or as to the amount of compensation shall be settled by arbitration in the manner provided by the Public Health (Ireland) Act, 1878 , and any sum awarded as compensation shall be recoverable as a simple contract debt in a court of competent jurisdiction;

(b) if the compensation claimed does not exceed twenty-five pounds, proceedings to recover the same may, at the option of the person claiming such compensation, be brought in the District Court.

(11) Whenever a prohibition order is in force a dairyman shall not be liable for an action for breach of contract if the breach is due to such order.

(12) If any dairyman in respect of whom a prohibition order is for the time being in force fails, refuses or neglects to comply with such order such dairyman 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 fifty pounds, and in the case of a second or subsequent offence under this section, to a fine not exceeding one hundred pounds or to imprisonment for any term not exceeding six months or to both such fine and imprisonment, and in either case, if the offence is a continuing one, to a further fine not exceeding five pounds for each day during which the offence continues.

(13) Proceedings for an offence under this section may be taken before a Justice of the District Court having jurisdiction either in the sanitary district where the offence was committed or the sanitary district where the dairy to which the prohibition order relates is situate, and may be taken by either the medical officer of either such sanitary district or by any officer authorised in that behalf by the sanitary authority of either such district.