Num. 50 1795

LAND & DEEDS OFFICE
2 - SEP 1949
GISBORNE

NEW ZEALAND

SUPPLEMENT
TO THE
NEW ZEALAND GAZETTE
OF
THURSDAY, AUGUST 25, 1949
Published by Authority

WELLINGTON, MONDAY, AUGUST 29, 1949

Scheme Fixing Prices and General Conditions Relating to the Sale of Milk by Approved Supply Associations and Producer Organizations for Use in All Milk Price Districts

PURSUANT to powers conferred by section 6 of the Marketing Amendment Act, 1937, the Minister of Marketing hereby fixes prices and general conditions relating to the sale of milk and margins for various services rendered in the collection, treatment, and distribution of milk :—

1. This scheme may be cited as the Supply Association and Producer Organization Scheme, 1949–50.

2. (1) In this scheme—
   “ Approved association or organization ” means an association or organization of milk producers named in the Second Schedule hereto in relation to a milk price district, whether or not the association or organization has been approved under the provisions of Part VII of the Milk Act, 1944 :
   “ Director ” means the officer of the Marketing Department known as the Director of Marketing, and includes any officer of that Department purporting to act for the Director :
   “ Price Order ” means a Price Order made under the Control of Prices Act, 1947, and includes any Price Order made in amendment thereof or in substitution therefor :
   “ Treating house ” means a milk-treating house named in the Second Schedule hereto.

(2) References in this scheme to milk price districts shall be deemed to be references to the appropriate milk price districts described in Price Orders Nos. 1058, 1059, 1060, 1061, and 1062, all published in the Gazette of the 18th August, 1949, and in any other Price Orders fixing the price of milk.

(3) For the purposes of this scheme, unless the context otherwise requires,—
“ Accommodation milk ” means milk which is purchased by a treating house or vendor otherwise than under a contract whereby he has contracted to buy milk at regular daily intervals over a period :
“ Bottling ” includes the placing of milk in cartons or bottles which are sealed in a treating house or other premises approved by the Director for this purpose :
“ Bulk retail delivery ” means a delivery of milk of a quantity of one gallon or more in any one delivery otherwise than to a treating house, to a vendor, or to the occupier of a shop-dairy :
“ Gallon ” means 10¼ lb. by weight or 160 fluid ounces by measure :
“ Milk ” has the same meaning as in regulations made or subsisting under the Food and Drugs Act, 1947, but does not include cream :
“ Pasteurized milk ” has the same meaning as in regulations made or subsisting under the Food and Drugs Act, 1947, and “ pasteurization ” has a corresponding meaning :
“ Shop-dairy ” means a shop where milk is sold over the counter for consumption or use off the premises and not otherwise, and where the milk so sold is sold in the form in which it was received into the shop-dairy :
“ Vendor ” means a person who sells milk by way of retail sale, and includes one who sells milk to the occupier of a shop-dairy but does not include—
(a) A treating house ;
(b) The occupier of a shop-dairy ; or
(c) A person who sells milk for consumption on his premises (whether in the form in which it is received by him or otherwise and whether separately or in combination with any other substance or substances).

3. (1) This scheme applies with respect to all milk sold by an approved association or organization during the period 1st September, 1949, to 31st August, 1950 (both days inclusive), to all vendors and treating houses for sale by those vendors and treating houses for use for human consumption in milk price districts.

(2) For the purposes of this scheme, milk shall be deemed to be sold for human consumption if it is sold for use as milk or as milk in combination with any other substance or substances or as an ingredient in any beverage.

(3) Subject to the provisions of the last preceding subclause, nothing in this scheme shall apply with respect to milk sold for use in the manufacture of any goods.

4. The prices to be charged by every approved association or organization for milk to which this scheme applies shall be as follows :—
   (a) When the milk is sold to a treating house, the prices shall be the appropriate town milk prices computed in accordance with clause 7 hereof increased by the appropriate service margins set out in the First Schedule hereto according to the services performed by the approved association or organization in respect of the milk :
   (b) Subject to the provisions of this subclause, when the milk is sold to a vendor the price per gallon shall be 3d. per gallon less than the price fixed by the Price Order for the milk price district for milk sold to consumers in quantities of one gallon :
   Provided that if within ten days from the end of each month a vendor, other than a vendor of accommodation milk, renders to the approved association or organization in a form approved by the Director a statement of the services performed by such vendor in respect of the resale of the milk, the prices shall be the appropriate prices fixed by the Price Order for the milk price district for the respective quantities of milk so stated to be resold less the deductions of the appropriate service margins set out in the First Schedule hereto according to the services performed by the vendor in respect of the milk.