APPENDIX C 553 



(8) Where a person has in his possession any article which is unsound or 

 unwholesome or unfit for the food of man, he may, by \*Titten notice to the 

 Sanitary Authority', specifying such article, and containing a sufficient identifica- 

 tion of it, request its remos-al, and the Sanitary Authority shall cause it to be 

 removed as if it were trade refiise. 



Control of Milk Supply on Outbreak of Disease 

 Section 71. — (i) If the Medical Officer of Health of any district has evidence 

 that any person in the district is suffering from a dangerous infectious disease, 

 attributable to milk supplied within the district from any dairj^, situate 

 within or without the district, or that the consumption of milk from such dairy 

 is likely to cause any such infectious disease to any person residing in the 

 district, such Medical Officer shall, if authorised by an order of a justice ha\-ing 

 jurisdiction in the place where the dairy is situate, have power to inspect 

 the dairy, and if accompanied by a veterinary inspector or some other 

 properly qualified veterinary surgeon to inspect the animals therein, and if 

 on such insp>ection the Medical Officer of Health is of opinion that any such 

 infectious disease is caused from consumption of the milk supplied therefrom, he 

 shall report thereon to the Sanitary Authority, and his report shall be accom- 

 panied by any report furnished to him by the said veterinary' inspector or 

 veterinar)' surgeon, and the Sanitary Authority may thereupon serve on the 

 dairjTTian notice to appear before them within such time, not less than 

 twenty-four hours, as may be specified in the notice, to show cause why an 

 order should not be made requiring him not to supply any milk therefrom within 

 the district until the order has been withdrawn by the Sanitary Authority. 



(2) The Sanitary Authority, if^ in their opinion, he foils to show such cause, 

 may make the said order, and shall forthwith serve notice of the facts on the 

 County Cotmcil of the count>' in which the dairy is situate, and on the Local 

 Government Board, and, if the dairy is situate within the district of another 

 Sanitary Authorit>', on such Authority. 



(3) The said order shall be forthwith withdrawn on the Sanitary Authority, 

 or their Medical Officer of Health on their behalf, being satisfied that the milk 

 supply has been changed, or that the cause of the infection has been removed. 



(4) If any person refuses to permit the Medical Officer of Health, on the 

 production of a justice's order under this section, to inspect any dairy, or if so 

 accompanied as aforesaid to insp>ect the animals kept there, or, after any such 

 order has been made, supplies any milk within the district in contravention of 

 the order, or sells it for consumption therein, he shall, on the information of the 

 Sanitary Authorit)', be liable to a fine not exceeding five pounds, and, if the 

 offence continues, to a fine not exceeding forty shillings for every day during 

 which the offence continues. 



(5) Provided that — 



(a) proceedings in respect of the offence shall be taken before a court 

 having jurisdiction in the place where the dairy is situate ; and 



(Jt) a dairjTnan shall not be liable to an action for breach of contract 

 if the breach be due to an order imder this section. 



(6) Proceedings may be taken imder this section in respect of a dairy situate 

 in the district of a Local Authority under the Public Health Acts, and the notice 

 of the facts shall be served on the Local Authority as if they were a Sanitary 

 Authority within the meaning of this Act. 



