3288

THE NEW ZEALAND GAZETTE.

[No. 78

Department of Agriculture fees as follows: Milk or cream bottles, 2d. each; skim-milk bottles, 1s. each; pipettes, 3d. each; and thermometers, 1s. each: plus postage in every case.

92. The owner or tester shall not use any appliance for weighing samples of cream for testing, unless such appliance is of a type approved by an Inspector and in good working-order. Every weighing-appliance used in testing shall be sensitive to 0·05 grams (metric).

93. In testing samples of cream the amount put into the test-bottle shall be 9 grams or 18 grams in the case of the Babcock test, and 5 grams in the case of the Gerber test, and the correctness of the amount shall be ascertained by actual weighing.

94. (1.) In testing milk the percentage of butterfat as read from the Babcock test-bottle shall include the whole of the fat from the bottom of the column to the highest point of the meniscus.

(2.) Fat-saturated alcohol, or oil of a lower specific gravity than that of butterfat, shall in testing cream by the Babcock method be used for levelling the meniscus of the butterfat column in the test-bottle, and the reading shall be taken from the bottom of the column of fat to the point of junction between the fat and the levelling-fluid.

95. The owner, or an agent or agents appointed in writing by him for that purpose, shall on each day on which butter is made in the dairy factory make an accurate record in ink or indelible pencil of the weight of butter made on that day, showing separately the weight packed in bulk and in pats, also of the weight of such butters delivered by the dairy factory on that day. The owner or such agent shall sign and date each day’s record, and file it at the dairy factory or the owner’s office, and the owner shall keep it there for at least eighteen months after the close of the financial year to which it relates.

96. The owner shall make, and file at the dairy factory or his office for at least eighteen months after the close of the financial year to which it relates, an accurate record daily, as near as may be, of the following particulars:—

(a.) The weight in pounds, and the butterfat percentage, by weight, of all milk or cream received from each supplier;

(b.) The weight in pounds of butterfat credited to each supplier for each test, and for each month or other period of payment;

(c.) The number of pounds of butterfat purchased in any form from persons other than suppliers and used in the manufacture of butter or cheese, or sold as milk or cream, or otherwise disposed of;

(d.) The weight of butter purchased or received from other dairy factories or otherwise; and

(e.) The weight of all butter disposed of, whether manufactured or purchased.

97. The owner shall at or prior to the time of each payment made or account rendered in respect of milk or cream to any of his suppliers furnish such supplier with a statement of the weight and test of his milk or cream, and the number of pounds of butterfat computed therefrom, for each testing-period covered by the payment or account; or, when payment is based on the weight and test of each can or single delivery, with a detailed statement of the weights, tests, and pounds of butterfat of the several lots being paid or accounted for.

98. Any person who falsifies any record of a kind referred to in clauses 82 to 97 inclusive of these regulations; over-reads or under-reads any milk or cream weighing, or any Babcock, Gerber, or other test; fails to comply with the requirements hereinbefore prescribed in conducting any test; or in any other way makes any incorrect determination of butterfat, commits a breach of these regulations.

CHECK UPON SAMPLING, WEIGHING, TESTING, AND RECORDING.

99. An Inspector may at any reasonable time do any of the following things at or in connection with any dairy factory:—

(a.) Take without payment such quantities as may reasonably be required as samples of any lot of milk or cream or milk-products wheresoever found, and may weigh and test such samples.

(b.) Examine and test any samples of milk or cream kept in accordance with clauses 89 and 90 hereof for retesting.

(c.) Examine the records of receipts of milk, cream, butterfat, butter, or cheese; of all Babcock, Gerber, or other tests made; of the weight of all butter or cheese or other dairy products manufactured daily; and of the weight of butterfat for which any supplier has been credited or paid.

100. The Inspector shall relock or reseal any container which has been unlocked or unsealed by him for the purposes of the last preceding clause.

INVESTIGATION OF OWNER’S ANNUAL STATEMENT TO SUPPLIERS.

101. (1.) Every application to the Minister under section 5 of the Dairy Industry Amendment Act, 1922, for an investigation into the correctness of an owner’s certified annual statement to his suppliers shall be made in the form No. 25 in the Schedule hereto.

(2.) The approved security to be lodged under the provisions of the last-mentioned section may be given by way of bond for such amount as the Minister may in each case determine.

EXHIBITING ACTS AND REGULATIONS.

102. Every owner of a manufacturing dairy shall place and keep in each such dairy, in a conspicuous place accessible to any supplier of the dairy, a copy of the Dairy Industry Amendment Act, 1922, and of these regulations.

DUTIES AND PENALTIES.

103. Where a duty is directly or by implication imposed by these regulations and it is not specified in the said regulations by whom it shall be performed, the owner concerned shall at all times be responsible for its due observance or performance.

104. Any owner of a dairy factory, or any purchaser, seller, or collector of milk, cream, or dairy-factory products, or any carrier or storage-owner dealing with milk, cream, or such products, who refuses admission to, or hinders, any Inspector in the exercise of his duty, or who refuses or neglects to render such reasonable assistance as may be required by an Inspector in that respect, commits a breach of these regulations.

105. Any person who (a) fails to observe or perform any duty directly or by implication placed upon him by these regulations; (b) does anything contrary to the provisions thereof; (c) not being an officer in the exercise of his duty alters or obliterates, or causes to be altered or obliterated, any owner’s brand, any grade-mark, or any record or document made or used in pursuance of these regulations; (d) counterfeits any such brand, grade-mark, record, or document; (e) empties, or partially empties, or otherwise interferes with, the contents of any package or thing marked in pursuance of these regulations in order to put therein or substitute therefor any other contents; or (f) improperly uses any previously marked package or thing for the purpose of representing or implying that the marks thereon are valid, commits a breach of these regulations.

106. Any person who commits any breach of these regulations in respect of which no penalty is provided elsewhere is liable to a penalty of £50.

107. Nothing contained in these regulations shall impose any liability upon the owner of a supplying dairy who is not the occupier thereof, where the supplying dairy is in the occupation of any other person by virtue of a tenancy created prior to the coming into operation of these regulations; but this exemption shall not affect the contractual rights and liabilities to each other of the owner and occupier of any such supplying dairy.

[Form 1 (Reg. 9).]

The Dairy Industry Act, 1908, and the Dairy-produce General Regulations.

APPLICATION FOR REGISTRATION OF A MANUFACTURING DAIRY AND OF A BRAND THEREFOR.

To the Director of the Dairy Division, Department of Agriculture, Wellington.

APPLICATION is hereby made for the registration as a [State class of dairy] of the premises the particulars of which are set out below, also for the registration of the brand described hereunder for use on dairy-produce manufactured in the said premises.

1. Name of dairy premises :
2. Where situated :
3. Name of owner :
4. If owner is a company, name of secretary :
5. Postal address :
6. Name of, and distance to, the nearest—
   (a.) Post-office :
   (b.) Telegraph or telephone office :
   (c.) Railway-station :
   (d.) Shipping port :
7. Average number of cows from which the daily milk supply will be obtained :
8. Average number of milk-suppliers :
9. Particulars of brand desired to be registered :

[Signature of Owner or Secretary].

Dated at this day of , 19 .