S.I. No. 38/1937 - The Milk and Dairies (Milk Sampling) Regulations, 1936.

STATUTORY RULES AND ORDERS. 1937. No. 38.

THE MILK AND DAIRIES (MILK SAMPLING) REGULATIONS, 1936.

ARRANGEMENT OF ARTICLES.

1. Citation.

2. Interpretation.

3. Records of samples.

4. Amount of sample.

5. Sampling apparatus.

6. Transfer of sample to sampling bottles.

7. Corking and sealing sampling bottles.

8. Marking sampling bottles and closed receptacles.

9. Sealing closed receptacles.

10. Application of remainder of Regulations.

11. Mixing before sampling.

12. Retention of bottles and closed receptacles.

13. Manner of transmission of bottles and closed receptacles.

SCHEDULE.

Form of Label for Sample.

The Minister for Local Government and Public Health in exercise of the powers conferred on him by Section 15 and by Part VIII of the Milk and Dairies Act, 1935 , hereby makes the following Regulations, that is to say:—

Citation.

1. These Regulations may be cited as the Milk and Dairies (Milk Sampling) Regulations, 1936.

Interpretation.

2.—(1) The Interpretation Act, 1923 , shall apply to the interpretation of these Regulations in the same manner in which it applies to the interpretation of an Act of the Oireachtas.

(2) In these Regulations, the expression "the Act" means the Milk and Dairies Act, 1935 .

(3) In these Regulations references to the taking of a sample of milk shall be interpreted as references to the taking of a sample in pursuance of Part VIII of the Act.

(4) In these Regulations the word "ice" includes solid carbon dioxide.

Records of samples.

3.—(1) Every person who takes a sample of milk shall make and keep under the reference number of such sample records of the date and time when such sample was taken, of the person under whose control such milk was at the time when such sample was taken, or (where at such time such milk is in course of transit) the consignor and, if possible, the consignee, of the manner in which such sample was dealt with, and of every other relevant circumstance.

(2) Every medical officer who receives a sample of milk in pursuance of any provision of Part VIII of the Act, shall make and keep under the reference number of such sample records of the date and time when such sample was so received, of the manner in which such medical officer dealt with such sample and of every other relevant circumstance.

Amount of sample.

4. The amount of every sample of milk (not being milk which is contained in closed receptacles for sale retail in such receptacles) shall be, as nearly as is practicable, one half pint.

Sampling apparatus.

5.—(1) Every person who takes a sample of milk (not being milk which is contained in closed receptacles for sale retail in such receptacles) shall be provided with the following, that is to say:—

(a) a dipper of a capacity not less than one half pint;

(b) two glass bottles (in these Regulations referred to as "sampling bottles") each capable of holding not less than 5 ounces and not more than 6 ounces of milk, and capable of being securely corked and sealed in the manner prescribed by these Regulations;

(c) a supply of glass or india rubber stoppers made to fit the sampling bottles so tightly that when a stopper is inserted in a sampling bottle there shall be no danger of leakage of the contents;

(d) apparatus and materials for covering and sealing the stopper of a sampling bottle in accordance with these Regulations;

(2) Every person who takes a sample of milk for the purpose of ascertaining the number of bacteria per unit volume contained in such milk shall be provided with a carrying case containing ice and so constructed as to permit of sampling bottles, or other closed receptacles, being carried securely packed in ice.

(3) Every person taking a sample by means of the dipper provided in pursuance of this Article shall, before such sample is so taken satisfy himself that such dipper is sterile and dry.

(4) Before a sample is transferred to sampling bottles the person taking such sample shall satisfy himself that such sampling bottles and the stoppers used are sterile and dry.

Transfer of sample to sampling bottles.

6.—(1) Where a sample of milk (not being milk which is contained in closed receptacles for sale retail in such receptacles) is taken for the purpose of determining the nature of any micro-organisms or antibodies to micro-organisms contained in such milk such sample shall be transferred in equal portions to the two sampling bottles by means of the dipper with which the person taking the sample is provided in pursuance of these regulations or by some other means which will so far as is reasonably practicable prevent the milk being infected or contaminated during such transfer.

(2) Where a sample of milk (not being milk which is contained in closed receptacles for sale retail in such receptacles) is taken for any purpose other than the purpose mentioned in the foregoing sub-article, the following provisions shall apply to the transfer of such sample to the sampling bottles, that is to say:—

(a) Where a dipper, measure, tap or other vessel or apparatus is provided by the vendor of the milk at the place where the sample is taken for the transfer of the milk to a vessel tendered by a retail purchaser, the sample shall be transferred in equal portions to the two sampling bottles by means of such dipper, measure, tap or other vessel or apparatus in the same manner as if such sample were being transferred by the vendor to a vessel tendered by a retail purchaser.

(b) In any case to which the immediately preceding paragraph does not apply, the sample shall be transferred to the sampling bottles by means of the dipper with which the person taking the sample is provided in pursuance of these Regulations.

Corking and sealing sampling bottles.

7. When a sample of milk (not being milk which is contained in closed receptacles for sale retail in such receptacles) has been taken and transferred to the sampling bottles, each such bottle shall without delay be corked and sealed in the following manner, that is to say:—

(1) The stopper to be used shall be of glass, or india rubber, and shall be fitted tightly into the neck of the bottle;

(2) When the stopper has been inserted into the neck of the bottle it shall be covered with non-absorbent paper or some other similar material, and such paper or other material shall be fastened, and a distinctive seal shall be affixed thereto, in such a manner that the stopper cannot be withdrawn from the bottle without tearing the paper, or destroying the seal.

Marking sampling bottles and closed receptacles.

8.—(1) Each of the sampling bottles to which a sample of milk has been transferred and every closed receptacle taken as a sample of milk shall be marked by means of a label in the form set forth in the Schedule to these Regulations securely affixed to such bottle or closed receptacle by means of gum or other adhesive.

(2) The entries on a label affixed to a sampling bottle or closed receptacle under this Article shall be made in ink.

(3) Where a sample is taken of milk (not being milk which is contained in closed receptacles for sale retail in such receptacles) the labels affixed to each of the sampling bottles to which such sample is transferred shall bear the same distinctive reference number.

(4) In these regulations the expression "the reference number" of a sample of milk means the distinctive reference number on the labels or label (as the case may be) affixed either to the sampling bottles to which such sample was transferred or to the closed receptacle taken as such sample.

Sealing closed receptacles.

9. Every closed receptacle taken as a sample of milk which is required by any provision of Part VIII of the Act to be forwarded or sent to any person shall be so forwarded or sent closed and sealed in such a manner that the receptacle cannot be opened or any of the milk removed from the receptacle without destroying the cover (if any) or breaking the seal.

Application of remainder of regulations.

10. The subsequent provisions of these Regulations shall have effect only where a sample of milk is taken for the purpose of ascertaining the number of bacteria per unit volume contained in such milk.

Mixing before sampling

11. Every person who takes a sample of milk (not being milk which is contained in closed receptacles for sale retail in such receptacles) shall, before taking the sample, mix the milk as efficiently as is reasonably possible by stirring with the dipper with which such person is provided in pursuance of these Regulations or the dipper provided by the vendor of the milk, or by some other convenient method.

Retention of bottles and closed receptacles

12. Every sampling bottle or other closed receptacle containing milk which is retained by any person for the purposes of Part VIII of the Act shall be kept packed in ice while it is so retained.

Manner of transmission of bottles and closed receptacles

13. Every sampling bottle or other closed receptacle containing milk which is required by any provision of Part VIII of the Act to be forwarded or sent to any person shall be so forwarded or sent securely packed in ice as soon as conveniently may be.

SCHEDULE.

FORM OF LABEL FOR SAMPLE.

Sample of Milk Number ( )

Taken under Part VIII Milk and Dairies Act, 1935 , by............................................................ 

............................................................ .......................(name of person by whom sample was taken)

...... ............................................................ ............(description of person by whom sample was

taken)...... ............................................................ ..........................................................(See Note)

at............. ........................................................(time when sample was taken)...............................

on the............................................................ ........day of........................................................19......

NOTE: e.g. "Inspector authorised by the Minister under the Act."

"Medical Officer of Health of the............................................................ ........................................"

"Milk Sampling Officer of the............................................................ ............................................."

Given under the Official Seal of the Minister for Local Government and Public Health this Eighteenth day of December One Thousand Nine Hundred and Thirty-six.

(Signithe) SEÁN T. O CEALLAIGH,

Minister for Local Government and Public Health.