CARE OF MILK

Wanganui Chronicle, Volume 79, Issue 199, 26 August 1935, Page 3

CARE OF MILK

DUTIES OF INSPECTORS EXISTING LEGISLATION EXAMINED In a paper read lo a conference of the Taiunaki-Wanganui sub-centre of the Royal Sanitary Institute held in Wanganui on Friday, Air. 1-. Swinde.ls, Inspector of Health, New Plymouth, examined ex-sting legislation applicable to the vare of milk for human consumption. He said that while it had been suggested from time to time that a-mendments were needed there was much in the legislation as it stood at nresent, which could be made quite useful in the protection of public health “In \ lew of the fact that milk is such a valuab'e article of food for the child life of the nation, as well as for the older portion thereof, I am of the op’nion that all possible steps should be taken to prevent contamination from biking place, either at its source, or during its subsequent storage or delivery,” he said. “The question of the quality of milk gives rise to much controversy, which has given rise to the advocacy of pasteurisation, deodourisation, neutralisation, etc., but, if much of the effort concentrated on these methods had been expended on improving the quality of the raw product, the result would be much more satisfactory.

“To this end, then, the matter o first importance is the supervision o the producer, and this feature lias beei carried out. by the Agricultural De partment, by a system of licensing an< inspection. In the past there has beei much controversy regarding this par Uvular form of control, and a nunvbe of local authorities have taken advant uge of the powers provided bv Sectioi 354 of the Municipal Corporations Act 1908, and have made by-laws givhq powers to exercise supervision eithe within or without the area controllei by the particular local authority ovc places whence the milk supplies an draw n. “Many suggestions have from tinx to time been made for improvements ii the present position, but I am per suaded that there is much in the pres ent law that is capable of being vciy useful if properly applied, and in t.hb respect I refer to certain provision? in the Sale of Food and Drugs Act 1908. the Regulations thereunder, the Health Asit, 1920, and Regulations (11-125). “I will refer firstly to the Sale ol Food and Drugs Act and the relevent Regulations. Section 4 (1) (a; provides that:-- / ‘Any officer ni.ay at all rcasonabli times enter into and inspect any place where, there is any food or drug which he has reasonable ground for believing to be intended for sale. ■’ Paragraph (c) of same subsection - ‘lnspect any food or drug, wherever found, which he has reasonable ground for believing to be intended for sale.’ Section 5 (1) ‘On payment or tender to any person selling or making any food or drug, or to his agent or servant, of the current market value of the samples in this section referred to, any officer may at. any place demand and select and take or obtain samples Of the said food or drug for the purpose of analysis.’ Section 27 (1) (d) provides for Regulations to be made tor; ‘Securing the cleanliness and freedom from contamination of any food or drug in the course of its manufacture, preparation, storage, packing, carriage, delivery, or exposure for sale, and securing the cleanliness of places, receptacles, appliances, and vehicles used in suvh manufacture, preparation, storage, packing, carriage, or delivery.’ “Note; ‘Appliance’ includes the whole or any part of any utensil, machinery, instrument, apparatus, or article used or intended for use in or for the making, keeping, preparing or supplying ot any food. ‘Food’ includes every article which is used for food or drink by man, or ■which enters into or is used in the composition or prepar.a.i ion of any such article, and also includes flavouring matters and condiments.

“It will thus be seen that the Act gives power to ‘inspect any place,’ to ‘inspect any food wherever found,’ ami also ‘to take samples at any place,’ whilst the power to make regulations would appear to cover the whole of the ground from the cow to the consumer, covering the premises, appliances, machinery and vehicles used in the process. By virtue of the last-named section of the Act, regulations were made on the 23rd. June, 1924, and which, amongst others, contains the following piovisions;—17 (1) ‘Every person who is engaged in the manufacture, preparation, storage, packing, carriage, or delivery of food or drugs for sale shall, when so e n ljaged, maintain uis clothing and his body in a state of cleanliness.’ (2) ‘Piohibits any person from engaging in the manufacture, etc., of food whilst suffering from any comuiuuicable disease.’ (3) ‘Provides that a person responsible for food or drugs becoming infected, polluted or tainted, during the process of sale, manufuc-’ ture, preparation, storage, packing or delivery, is guilty of an offence.’ °(1S) this Regulation whilst not specifying in detail the materials for the construction of a place used for or in connection with the sale, manufacture, preparation, storage, or packing of food or of drugs for sale, yet demands a certain standard as a basis.’ (19) ‘Gives power to the medical officer of health to prohibit the use of any premises used lor the manufacture, preparation, storage or packing, of any food for sale, on account of situation, construction, or disrepair or are ju a condition whereby food may become contaminated, tainted, dirtied, or deteriorated.’ (20) ‘Provides for the protection ot the food substance itself, the receptacles, appliances, and vehicles used in connect,.on dur.ng the process of preparation, manufacture, storage packing, carriage, or delivery.’ (22) Provides a standard for the water used in connection with the p.operation or manufacture of any food for sale “Jt would appear that the regain- | tions cover the whole of the ground I required to deal with the many prob- • loins presented in dairy inspection. The Health Act, 1920, presents another aport to this question, in that local authorities would appear to have been I given power to deal with this important matter by regulations and by-law. Section 20 (c) gives power to the local authority; “To make by-laws under and for the purpose of this Act or any other Act authorising the making of by- I laws for the protection of the public health. ” “Section 67 (1) (w) ‘For the pro- B tertion from pollution of food intended for human consumption and of any

wnler supply.’ Secl.’on 67 (2) ‘The powers conterred by this .section are in addition Io and not j n sulistilution for the powers conferred on any local authority by any other Art.’ .Section I">2 (1 (n.e.) gives power to make iegukii ions for’anx mailer aff<‘"ting the public health in respect of which any local authority is b\ this or ; i.v .other Art empowered to make by , j laws. Section 132 (.“>) ‘Where any 1 local authority has failed to make b? f laws for any matter as aforesaid, or n | having made such by-laws. ha.< failed •S effectively tw enforce them, and the i, | Governor-General has made regulations ■- jimler tile authority conferred by the n last, proceeding subsection in respect t |to such matter, such portion of the cost e •of the administration of these regula e j Lions as the Board of Health shall .| deem just and equitable shall be c chargeable to the local authority, ami I- may be recovered as a debt due to the Crown, or the amount thereof may s be deducted from any subsidy or other e moneys that may from time to time r become payable to the local authority e out of the public account.’ I “The reference to any other Act as indicated in Sections 20 (a) 67 (2) and 132 (2), may be extended to the Municipal Corporations Act, J9UB, the re- ' la vent portions being Section 351. ' • t'he council may from time to time I’ make such by-laws as it thinks jit for 0 ulj or anv of the foilowing purposes: Section 354 (32j. The inspection of f cattle in oaii.es, and prescribing and t regulating the inspection, lighting and i ventilating, cleansing, drainage, and water supply of dairies and cow sheds d and yards in the occupation of persons ioi.owing the trade of cow keepers or f dairymen, or used by them in conneef tion with such occupation, whethci ! wirniii or without the borough, if the . milk is supplied from such dairies for ' ] the consumption of persons within the 1 borough.’ “It may be noted that the language . used in the Health Act in its reference to regulations ur by-laws is in regard ( to the public health, and reference is made in no uncertain terms that where ’ a local authority Ims failed to make ' by-laws, or having made such by-Jaws 1 has failed to enforce them, then regulations may be enforced at the cost of the local authority. In this connee- ' tion it may be mentioned that not many local authorities have availed ! themselves of the authority given by 1 Section 354 (32) of the AlunicipaJ Corporations Act. We then have the position, that so many of the local authorities having failed in their obvious duty to make by-laws, regulations have been made under Section ,132 of the Health Act, and amongst which are 11-125, for the prevention of contamination of food during manufacture and sale. H-125.- It should be noted that the wording of Clause I the interpretation of terms is similar to that pro- \ ided by the Sale of Food and Drugs Act. 1908. , “Clause 3is important. ‘Any sanitary inspector may at all reasonable times enter on any land or premises and examine any food for sale for human consumption, including any food exposed for sale or offered tor sale or held or stored fur sale, or de- ‘ posited for preparation for sa'e, or having been sold, is held for delivery to the purchaser or is in process of de- i livery to the purchaser.’ Clauses 4,5, ; 6 and 7. These clauses are similar in jail respects to the regulations 17. 18, I 19 and 20 under the Sale of Food and i Drugs Act, 1924, and previously referred to.

d ‘‘Clause 12. This clause specifically 's refers tu milk.—(l) ‘No person shall r- I erect or use nny premises for the re--11 llail sale of milk unless he has obtained | e | permission in writing from the authorp. j ity, subject to such conditions as to ,] j licence as the local authority may by by-law prescribe.’ (2) ‘No person r | shall erect any building for the separa--7 tion. pasteurisation, or other process of preparation of milk for retail sale, or ’’ fur the storage of milk for retail .sale, unless the building complies with ’ I Clause 5 of these regulations.’ (3) ‘No person shall use any place or room c for the treatment or storage of milk for retail sale unless such place or room complies with the following pror visions, that is lo say, the following r paragraphs specify certain structural s features «5f the building.' (6) ‘Every r person who sells milk shall proxide for o the purpose of cleansing all vessels and apparatus under his control which o comes in contact with the milk, a i- suitable and sufficient supply of cold and of boiling water.’ (7) ‘lt shall I be the duty of every person who carj rie H on the business of a dairyman or ] who is in charge of any premises in f which milk is sold, or is treated or a stored for sale, to enforce the observ- , ances of .Clause 4 of these regulations by every person employed in such busi- ’ ness, or on such premises.’ (8) ‘No person shall milk any cow or cause or suffer any cow under his control to be milked, for the purpose of obtain- '* ing milk for sale—(a) Unless at the ’ time of milking, the udder and teats ’ of the cow are clean, (b) Unless the J hands of the person milking such cow | have been washed immediately prior to milking, and are clean and free ’ from contamination and infection.’ “In the regulations under the Dairy - Industry Act, 1898, and made on Dei comber 24, 19(H), Clause 1 provides: • ‘Dairy means: (a) A milk-house, milk-shop, dairy ; factory, and any other place where i dairy produce is collected, deposited, I treated, separated, prepared, or i manufactured, or is sold or offered I or exposed for sale, and includes—- , (b) A farm, stock-yard, milking yard, paddock, shed, stable, stall, and any other place where cows from which the milk supply of a dairy is obtained are depastured or kept. “This interpretation is again incorporated in the regulations under the Dairy Industry Act. 1908. relating to thp manufacture and export of dairy produce. ‘‘We have the further feature in the new regulations under the Dairy Industry Act, 1908, amending the regulations made on December 21, 1900, which incorporates the provisions under the Health Act, J*ioB, as out- , lined in Clause .12 (3), (a), (b), (c), ■ (d), of 11-125. ‘‘lt would appear that full power is given under the provisions of thp different Acts ami regulations thereunder to require that any person proposing ' [to sell milk for human consumption shall obtain a licence from the local i authority or the Health Department. 1 I acting on behalf of the local authority by virtue of Section 132 of the ' I Health Act, 1920, as previously out ' “There does not appear lo be any ■ anibiguitv in the phrases used, such as I ‘in any place,’ ‘wherever found,’ ‘any 11 I person ’ ur ‘no person,’ and to my miml > there cannot be any denying the right I of access or entry to any premises a whilst paragraphs 7 and 8 of C ause 12 of H-125 takes the inspection back ’.i to the act of milking. ’' a.