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1.(1) Subject to the provisions of this section, a person shall not, either by himself or by any servant or agent sell or offer or expose for sale any milk, except under the authority of and in accordance with the terms of a licence issued by the Ministry of Agriculture (in this Act referred to as "the Ministry") under this Act. (2) Subject to the succeeding provisions of this section, and to the provisions of section three of this Act, the Ministry shall, by licence issued by it under this section, authorise the sale, offer or exposure for sale of milk in accordance with the terms of the licence. [(3) Licences shall be of the following classes: <[(a)licences (to be called "farm bottling licences" or such other title as may be prescribed) for (i)the production and sale of milk which is of a description in relation to which a designation is prescribed under the succeeding provisions of this Act and which complies with any prescribed requirements as to the production of such milk, including requirements as to the bottling or other packaging thereof on such premises as may be prescribed; and (ii)the production of milk which is intended for use in the making of cream for sale and which complies with such requirements as to the production thereof as may be prescribed; and <(iii)the production and, subject to section 3, the sale of milk which is surplus to that required for the production of milk such as is described in sub-paragraph (i) or of cream, and which complies with such standards as may be prescribed;] (b)licences (to be called "milk licences") for the production and, subject to section three, the sale of milk, other than [milk such as is described in paragraph (a)], which (i)is produced from cows which are healthy and clean; and (ii)shall comply with such standards of quality as may be prescribed; (c)licences (to be called "distributors' licences") for the purchase and, subject to section three, the re-sale of milk whether by wholesale or retail]. Subs.(4) rep. by SLR (NI) 1954; 1967 c.15 (NI) s.19(1) sch.2 Pt.II (5) Without prejudice to the provisions of sub-section (1) of this section, any person who purports to sell, offer or expose for sale as being in accordance with the terms of a licence issued under this Act any milk of a quality inferior to that authorised to be sold by such licence shall be guilty of an offence against this Act. (6) A licence granted under this section shall be in such form and subject to such conditions as may be prescribed. (7) It shall be the duty of the person to whom a licence has been granted under this Act to comply with the terms of the licence and with any conditions applicable or prescribed in respect thereof and with such directions as may be given by or on behalf of the Ministry with respect to (a)the cows from which the milk is produced; (b)the premises at which the milk is produced; or (c)the methods of treatment and handling of milk. (8) The holder of a licence under this section shall keep such records and furnish such returns as the Ministry may prescribe for the purposes of this section and shall permit those records to be inspected at all reasonable times and extracts to be taken therefrom by any authorised officer of the Ministry. (9) Any person who acts in contravention of this section or of any directions given or conditions applicable or prescribed under or by virtue thereof shall be guilty of an offence against this Act. (10) This section shall not apply to sales of milk by a producer to his servants [nor shall it apply to sales of milk by a catering business where the milk is consumed on the premises.]
© 1950 Crown Copyright
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