698
THE NEW ZEALAND GAZETTE.
[No. 26

Now, therefore, His Excellency the Administrator of the Government of the Colony of New Zealand, in pursuance and exercise of the powers and authorities contained in the above-recited Act, and of all other powers and authorities in anywise enabling him in this behalf, and by and with the advice and consent of the Executive Council of the said colony, doth hereby make the regulations hereinafter set forth, and doth hereby declare that such regulations shall, on and after the 1st day of April, one thousand eight hundred and ninety-seven, apply to and be in force in the following district—Borough of Lyttelton.

REGULATIONS.

1. In these regulations the following words and expressions shall have the meaning hereby assigned to them, unless there be something in the subject or context repugnant to such construction:—

Interpretation.

“Local Board” means the Local Board of Health constituted by “The Public Health Act, 1876,” for the Borough of Lyttelton:

“District” means the area comprised within the jurisdiction of the Local Board:

“Inspector” means the person from time to time appointed under these regulations by the Local Board to act as the inspector of milk and of dairies, cowsheds, and milk-shops or stores, and includes any person to whom he may delegate his powers or any of them:

“Clerk” means any person appointed as Town Clerk under “The Municipal Corporations Act, 1886,” or holding an analogous appointment under any body included in the term “Local Board”:

“Dairy” means any building, shed, or place used for the purpose of depositing, keeping, or storing milk or cream:

“Cowshed” means any building, shed, stall, or covered place used for the purpose of milking, stalling, or stabling of cattle:

“Dairy premises” means any building, shed, land, or place used for stalling, grazing, feeding, or milking cattle for producing milk or cream to be sold or supplied, or any building for the deposit, keeping, or storing of milk or cream when so produced:

“Milk-shop or store” means any building, shed, or place used for the purpose of depositing, storing, or exposing milk or cream for the purpose of selling or disposing thereof:

“Dairyman” means the occupier of any dairy premises as herein defined, or any person engaged in the production of milk for sale or supply for profit to other persons:

“Milk-vendor” means the occupier of any milk-shop or store as herein defined, or any person engaged in the distribution or storage of milk for sale or supply for profit to other persons:

“Keep” means keep, retain, or to permit to remain, whether permanently or temporarily.

Registration.

2. It shall not be lawful for any person to carry on in the district the trade of cowkeeper, dairyman, milk-vendor, or purveyor of milk, unless he is registered as such in accordance with these regulations.

3. There shall be kept at the office of the Local Board a register of all persons from time to time carrying on in the district the trade of cowkeeper, dairyman, milk-vendor, or purveyor of milk, and such register shall from time to time be revised and corrected.

4. The Local Board shall, in manner hereinafter mentioned, register every such person; but the fact of such registration shall not be deemed to authorise such person to occupy as a dairy, cowshed, milk-shop, or store any particular building, or in any way preclude any proceedings being taken against such person for non-compliance with or infringement of any of these regulations, or any further regulations which may hereafter be made for any of the purposes specified in the 3rd section of “The Public Health Act 1876 Amendment Act, 1881.”

5. Every person desiring to be registered shall fill in with the required particulars, and hand to the Clerk at the office of the Local Board within whose district such person carries on, or proposes to carry on, the trade of dairyman or milk-vendor, an application to be provided for that purpose by the Local Board free of expense. The particulars required to be stated in such application shall be—

(a.) The occupation of the applicant, whether cowkeeper, dairyman, milk-vendor, or purveyor of milk:

(b.) The exact address of the place where he exercises or proposes to exercise such occupation:

(c.) The dimensions of his dairies, cowsheds, and milk-shops or stores:

(d.) The accustomed number of cattle milked or proposed to be milked on his dairy premises.

Such application shall be in the Form A in the Schedule hereto.

6. Within a reasonable time after the receipt by the Local Board of such application, and upon the Inspector being satisfied that the dairy premises or milk-shop or store of the applicant are in accordance with these regulations, the applicant shall be entitled to receive from the Local Board, free of expense, a certificate under the hand of the Clerk that he has been registered in accordance with the particulars so furnished. The said certificate shall be in the Form B in the Schedule hereto, and shall have attached thereto a copy of these regulations.

7. The production in any legal proceedings of any such certificate purporting to be signed by the Clerk as aforesaid shall be prima facie evidence that the person described in such certificate has been registered in accordance with these regulations, without any further proof of the signature of the said Clerk, or of the fact that the person purporting to act in that capacity was validly appointed.

8. The Local Board shall from time to time give public notice by advertisement in a newspaper circulating in the district, and, if they think fit, by placard, handbills, or otherwise, of registration being required, and of the mode of registration.

9. A person who occupies or carries on business in or on any premises for the purpose only of selling butter or cheese, and who does not carry on the trade of milk-vendor, shall not for the purposes of registration be deemed to be a person carrying on the trade of dairyman or milk-vendor, and need not by reason thereof be registered.

10. A person who sells milk of his own cows in small quantities to his workmen shall not, for the purposes of registration, be deemed by reason only of such selling to be a person carrying on the trade of dairyman or milk-vendor, and need not by reason thereof be registered.

11. Every dairyman shall keep a register, in which he shall enter without delay particulars of all large cattle brought or kept from time to time upon the dairy premises, and shall also enter in such register particulars of the manner in which such cattle are disposed of by him. Such register shall also contain such particulars as are necessary to identify such cattle individually, and shall also contain the names and addresses of the persons from whom such cattle may have been purchased or acquired, and of the persons to whom any such cattle may be sold or disposed of.

Inspection of Cattle in Dairies.

12. The Inspector shall from time to time visit the cowshed, and as far as possible the whole of the dairy premises, of each registered dairyman, for the purpose of inspecting the cattle milked, stalled, or kept there.

13. The Inspector shall, so far as possible, inspect each and every one of the cattle usually milked or stalled in such cowshed, or kept on such dairy premises, with a view to discovering whether or not any one of them is diseased or is in an unhealthy condition.

14. If the Inspector shall be of opinion that any one or more of the said cattle is or are diseased, or is or are in an unhealthy condition, the Inspector shall serve upon such dairyman a notice in writing, specifying or describing the cow or cows which is or are diseased or is or are in such unhealthy condition, and shall also, if in his opinion the state of the cattle or any of them is such as to warrant the course, certify in such notice that the sale of the milk from the dairy premises of such dairyman or from the specified cow or cows is likely to endanger the public health. Such notice shall be in the Form C in the Schedule hereto. A copy thereof shall be immediately transmitted to the Clerk.

15. After service of such notice upon the dairyman, and thenceforth until notification to him of the cancellation of the Inspector’s certificate as hereinafter mentioned, the said dairyman—

(a.) Shall not mix any milk from the said dairy premises or from the said cow or cows, as the case may be, with other milk.

(b.) Shall not sell or use for human food any such milk.

(c.) Shall not sell or use for the food of swine or other animals any such milk unless and until it shall have been boiled.

16. At any time after receipt of such notice as last mentioned, such dairyman may serve a notice on the Inspector—

(a.) Stating that all the cattle on the said dairyman’s dairy premises are free from disease or are in a healthy condition; or

(b.) Stating (if such be the case) that the said cattle have been inspected by a veterinary surgeon (whose name and address shall be set out in such notice), and that such veterinary surgeon is of opinion that the specified cattle are not diseased, or are not in an unhealthy condition, or as the case may be.