Nov. 25.]

76. No person shall export, or attempt to export, or be concerned in exporting, any butter or cheese unless it has the grade-mark stamped on the package and uncancelled, and is otherwise in accordance with the provisions of these regulations.

77. Any person who knowingly and wilfully represents or implies for any purpose whatsoever that the Grader's certificate issued in respect of any lot of butter or cheese is the certificate issued in respect of any other lot of butter or cheese commits a breach of these regulations.

78. In respect of fees for grading butter and cheese the following provisions shall apply :

(a.) The fee for grading butter shall be 1·24d. per standard box, subject as hereinafter provided.

(b.) The fee for grading cheese shall be 1·65d. per standard crate, subject as hereinafter provided.

(c.) (i.) In the case of butter or cheese forwarded for export from a registered creamery, factory, whey-butter factory, or private dairy the fee shall be payable by the manufacturer on demand.

(ii.) In the case of butter or cheese not included in
(i) the fee shall be payable by the owner on demand.

(d.) Where it is found that the total amount paid or payable in respect of grading fees in any year ending on the 31st day of March exceeds the cost, as determined by the Minister, of the dairy-produce-grading service, including the salary and expenses of the Government Dairy-produce Officer or Officers in London, the Minister may credit to the payers of fees, towards the fees payable by them during the next succeeding year, the amount paid or payable in excess of such cost as aforesaid, in the proportion in which each payer contributed towards the fees paid or payable during the period in question.

(e.) Where it is found that the total amount paid or payable as aforesaid is less than the cost of the said service determined as aforesaid, the amount of such deficiency shall be deemed to be part of the cost of the said service in respect of the next-succeeding year.

79. (1.) Butter or cheese shall be regraded—

(a.) If the owner makes a request to the Director to that effect and it is practicable for the Director to arrange for it to be complied with; or

(b.) If the Director is of opinion that the quality of the produce is likely to have changed since the previous grading thereof; or

(c.) If the owner has removed the produce from the appointed grading-store and the produce is again forwarded for grading or shipment.

(2.) If upon regrading it is found that the grade should be altered, the Grader shall remove or cause to be removed the existing grade-marks, and shall mark or cause to be marked the package in accordance with the grade as altered; the original Grader's certificate shall be returned to the Grader to be cancelled; and the Grader shall issue a fresh certificate in accordance with the regrading.

(3.) In any case where regrading is undertaken at the instance of the Director and the grade remains unchanged no charge shall be made for the regrading or relative expenses, but in every other case of regrading the ordinary grading fees, together with any relative expenses, shall be payable by the owner in respect of each regrading.

CONDEMNED DAIRY-PRODUCE.

80. In every case where dairy-produce is condemned by an Inspector—

(a.) The Inspector shall as soon as practicable notify the owner of the produce that it has been condemned; and

(b.) The Inspector shall, at the expense in all things of the owner, cause such produce to be removed to some convenient place and there so treated as to become absolutely unfit for human consumption.

(c.) The owner shall as far as required by the Inspector assist him in carrying out the provisions of this clause, and for that purpose shall do whatever the Inspector directs.

(d.) The net proceeds realized for such produce shall be payable to the owner.

WEIGHING, SAMPLING, TESTING, AND RECORDING AT MANUFACTURING DAIRIES.

81. (1.) Clauses 82 to 101 hereof, both inclusive, shall apply only to dairy factories whose owners purchase milk or cream, to be paid for wholly or partially according to the percentage of butterfat contained therein, for the manufacture of butter or cheese, and only to milk or cream so purchased.

(2.) In the same clauses the word “owner” means exclusively any owner (as defined in the said Act) of a dairy factory who purchases milk or cream as aforesaid.

82. Every owner upon weighing any cream delivered to his dairy factory shall, where the weight is an exact number of half pounds, record the weight accordingly, and where the weight is not an exact number of half-pounds record it at or above the nearest half-pound below the exact weight; and if any such cream is weighed in a container shall, where the weight of the container is an exact number of half-pounds, compute the tare accordingly, and where the weight of the container is not an exact number of half-pounds compute the tare at or below the nearest half-pound above the exact weight of the container.

83. Every owner shall secure, for the purpose of testing, a truly representative sample of each delivery of milk or cream made to the dairy factory. The quantity of each sample shall be sufficient to enable a test to be made as hereinafter provided and to leave a portion sufficient for retesting.

84. The owner shall—

(a.) Take such sample separately from each can or weighing, and compute the weight of butterfat in the can or weighing from the test made by him of the sample and the weight of the milk or cream in the can or weighing ; or

(b.) Make a composite sample of each supplier’s milk or cream for each day or other suitable period by taking samples from each can or weighing in proportion to the total weight of milk or cream represented by each sample, and compute the weight of butterfat from the test made by him of such composite sample and the weight of milk or cream in all the cans or weighings represented by the composite sample.

85. The owner shall keep each such separate or composite sample in a cool place, and in a tightly stoppered glass bottle plainly labelled with the supplier’s name or number.

86. The owner shall not add, or suffer to be added, to any such sample any extraneous matter save necessary preservative in a powder or tablet form.

87. Every such sample shall be tested on the customary testing-days (which, excepting during the months of June, July, and August, shall be at intervals not exceeding twelve days) by the owner or by an agent appointed in writing by him for that purpose, and in either case the tester shall be a person competent in the work of testing by the prescribed method in use at the dairy factory.

88. As soon as practicable after the testing is completed the tester shall make with ink or indelible pencil an accurate record showing the name or number of each supplier whose milk or cream was tested, and opposite thereto the percentage, by weight, of butterfat as ascertained by testing the sample. He shall also date and sign the record and file it at the dairy factory or at the owner’s office. The owner shall retain all such records for at least eighteen months after the close of the dairy factory’s financial year, and shall keep them open to examination at reasonable hours by any Inspector, or by any supplier, but only with respect to any milk or cream sold by such supplier.

89. (1.) In the case of separate samples as provided for in subparagraph (a) of clause 84, the owner shall keep unchanged, until three o’clock in the afternoon of the day on which the tests were made, or, in the case of tests made after three o’clock in the afternoon, until noon of the following day (as the case may be), in tightly stoppered glass bottles, each plainly labelled with the supplier’s name or number, the portion of the original sample not abstracted in testing.

(2.) On any day the owner shall, should an Inspector so direct, retain half, by number, of the samples of the previous day’s testing, but not necessarily more than fifty, until three o’clock in the afternoon. The Inspector may specify individually the samples to be so retained, and, if the Inspector does so specify, the owner shall retain the samples specified by the Inspector.

90. In the case of composite samples made as provided for in subparagraph (b) of clause 84 the owner shall in like manner, and irrespective of an Inspector’s direction, keep the portion of each sample not abstracted in testing for four clear days following the day on which such samples were tested : provided that samples need not be retained beyond the end of the part-monthly testing-period following that in which they were taken.

91. (1.) The owner or tester shall not use any pipette in testing milk, or any Babcock or Gerber test-bottle for milk or cream, unless such pipette or bottle is of an approved pattern and has been tested and marked by an authorized officer of the Department of Agriculture.

(2.) Such authorized officer shall destroy any pipette or bottle which, on being tested by him, is found to be, in his opinion, insufficiently accurate for use in testing milk or cream, and no compensation shall be payable by the Department of Agriculture in respect of such destruction.

(3.) Any person who submits any dairy glassware to an authorized officer for testing shall on demand pay to the