IV 



MILK AND DAIRIES BILL 437 



culture and Fisheries, and, if the dairy is situate within the district 

 of another sanitary authority, also on that authority. 



(7) If any dairyman, whilst any interim or other order made 

 under this section of which he has notice is in force, supplies or 

 uses any milk in contravention of the order, he shall, on summary 

 conviction, be liable to a fine not exceeding five pounds, but a dairy- 

 man shall not be liable to an action for breach of contract if the 

 breach is due to any such order. 



(8) An interim or other order made under this section shall 

 be forthwith withdrawn on the sanitary authority or their medical 

 officer of health being satisfied that the milk supply has been 

 changed or that it is not likely to cause infectious disease, and the 

 medical officer of health shall have power to withdraw any interim 

 order made by himself and, if so authorised by the sanitary author- 

 ity, any other order made under this section. 



(9) The dairyman may appeal against an order, other than 

 an interim order, made under this section or a refusal to withdraw 

 any such order 



(a) to the Local Government Board, if the order is made on 



the ground that an infectious disease (other than 

 tuberculosis or any other disease with respect to which 

 the Local Government Board order that -the appeal in 

 all cases should be to the Board of Agriculture and 

 Fisheries) was or was likely to be caused by the con- 

 sumption of milk from the dairy or from any cow 

 kept therein ; and 



(b) in any other case, to the Board of Agriculture and 



Fisheries ; 



and on any such appeal the officer appointed by the Board to 

 hear the appeal shall report to the Board, and the Board may 

 confirm, vary, or withdraw the order which is the subject of the 

 appeal, and may direct to and by whom the costs of the appeal are 

 to be paid, and the Board may at any stage of the proceedings 

 require the dairyman to pay such sum as the Board consider 

 proper to secure the payment of the expenses incurred by the 

 Board in the matter of the appeal, and the expenses so incurred by 

 the Board (including the remuneration of the officer appointed to 

 hear the appeal not exceeding three guineas a day) shall be treated 

 as part of the costs of the appeal. Pending the decision of the 

 appeal, the order shall remain in force unless previously withdrawn. 



(10) For the purposes of an appeal under this section the Local 

 Government Board and the Board of Agriculture and Fisheries, 

 and any officer appointed by either such Board, shall have the same 

 powers as the Local Government Board and their inspectors have 

 for the purposes of an inquiry under the Public Health Acts. 



(11) If any order is made under this section either by the 



