S.I. No. 321/1936 - Milk (Percentage of Milk-Fat and Milk-Solids) (No. 2) Regulations, 1936.

STATUTORY RULES AND ORDERS. 1936. No. 321.

MILK (PERCENTAGE OF MILK-FAT AND MILK-SOLIDS) (No. 2) REGULATIONS, 1936.

WHEREAS it is enacted by sub-section (1) of Section 2 of the Sale of Food and Drugs (Milk) Act, 1935 (No. 3 of 1935), as amended by Section 4 of the Sale of Food and Drugs (Milk) Act, 1936 (No. 44 of 1936), that if on or after the appointed day any person—

(a) sells as whole milk, any article of food which contains—

(i) less than the prescribed percentage (if any) of milk-fat, or

(ii) less than the prescribed percentage (if any) of milk solids, other than milk-fat ; or

(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

(c) sells as cream any article of food which contains less than the prescribed percentage (if any) of milk-fat ; or

(d) sells as buttermilk any article of food which contains less than the prescribed percentage (if any) of milk solids, other than milk-fat ;

such person shall be deemed for the purposes of Section 6 of the Sale of Food and Drugs Act, 1875, 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 :

AND WHEREAS it is enacted by sub-section (2) of the said Section 2 that 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 sub-section (1) of the said Section 2 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 :

NOW, I, SÉAMAS O RIAIN, Minister for Agriculture, after consultation with the Minister for Local Government and Public Health, in exercise of the powers conferred on me by Section 2 of the Sale of Food and Drugs (Milk) Act, 1935 (No. 3 of 1935), as amended by Section 4 of the Sale of Food and Drugs (Milk) Act, 1936 (No. 44 of1936), and of every and any other power me in this behalf enabling, do hereby order and make the following regulations, that is to say :—

1 Short title

1. These Regulations may be cited as the Milk (Percentage of Milk-fat and Milk-solids) (No. 2) Regulations, 1936.

2 Interpretation

2. The Interpretation Act, 1923 (No. 46 of 1923), applies to the interpretation of these Regulations in like manner as it applies to the interpretation of an Act of the Oireachtas.

3 Definition

3. In these Regulations the expression " the Act " means the Sale of Food and Drugs (Milk) Act, 1935 (No. 3 of 1935), as amended by Section 4 of the Sale of Food and Drugs (Milk) Act, 1936 (No. 44 of 1936).

4 Minimum percentage of milk-fat and milk-solids, other than milk-fat, in whole milk

4. In the case of any article of food sold as whole milk—

(a) the prescribed percentage of milk-fat shall, for the purposes of sub-paragraph (i) of paragraph (a) of sub-section (1) of section 2 of the act, be 3 per cent., and

(b) the prescribed percentage of milk-solids, other than milk-fat, shall, for the purposes of sub-paragraph (ii) of the said paragraph (a), be 8.5 per cent.

5 Minimum percentage of milk-solids, other than milk-fat, in skimmed or separated milk

5. In the case of any article of food sold as skimmed or separated milk, the prescribed percentage of milk-solids, other than milk-fat, shall, for the purposes of paragraph (b) of sub-section (1) of section 2 of the act, be 8.6 per cent.

6 Minimum percentage of milk-fat in cream

6. In the case of any article of food sold as cream, the prescribed percentage of milk-fat shall, for the purposes of paragraph (c) of sub-section (1) of section 2 of the act, be 25 per cent.

7 Minimum percentage of milk-solids, other than milk-fat, in buttermilk

7. In the case of any article of food sold as buttermilk, the prescribed percentage of milk-solids, other than milk-fat, shall, for the purposes of paragraph (d) of sub-section (1) of section 2 of the act, be 6.2 per cent.

8 Revocation of Regulations

8. The Milk (Percentage of Milk-fat and Milk-solids) Regulations, 1936 (Statutory Rules and Orders, No. 77 of 1936), are hereby revoked.

Given under my Seal of Office, this 16th day of October, 1936.

(Signed) SÉAMAS Ó RIAIN,

Minister for Agriculture.