APPENDIX H 



INFECTIOUS DISEASES (PREVENTION) ACT, 1890 

 Inspecting of Daities in certain cases : Power to prohibit Supply of Milk. 



4. In case the Medical Officer of Health is in possession of evidence that 

 any person in the district is suflfering from infectious disease attributable to 

 milk supplied within the district from any dairy situate within or without the 

 district, or that the consumption of milk from such dairy is likely to cause 

 infectious disease to any person residing in the district, such Medical Officer 

 shall {a) if authorised in that behalf by any order of a justice ha\nng jurisdiction 

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

 {b) if accompanied by a veterinary inspector or some other properly qualified 

 veterinary surgeon to inspect the animals therein, and if on such inspection the 

 Medical Officer of Health shall be of opinion that infectious disease is caused 

 from consumption of the milk supplied therefrom, he shall report thereon to the 

 Local Authority, and his report shall be accompanied by any report furnished to 

 him by the said veterinary inspector or veterinary surgeon, and the Local 

 Authority may thereupon give notice to the dairyman 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 such order has been with- 

 drawTi by the Local Authority, and if, in the opinion of the Local Authority, he 

 fails to show such cause, then the Local Authority may make such order as 

 aforesaid ; and the Local Authority shall forthwith give notice of the facts to 

 the Sanitary Authority and County Council (if any) of the district or county in 

 which such dairy is situate, and also to the Local Government Board. 



An order made by a Local Authority in pursuance of this section shall be 

 forthwith withdrawn on the Local Authority or the Medical Officer of Health on 

 its behalf being satisfied that the milk supply has been changed, or that the cause 

 of the infection has been removed. Any person refusing to permit the Medical 

 Officer of Health on the production of such order as aforesaid to inspect any 

 dairy, or if so accompanied as aforesaid to inspect the animals kept there, or after 

 any such order not to supply milk as aforesaid has been given, supplying any milk 

 within the district in contravention of such order, or selling it for consumption 

 therein, shall be deemed guilty of an offisnce against this Act. Provided always, 

 that proceedings in respect of such offence shall be taken before the Justices of 

 the Peace having jurisdiction in the place where the said dairy is situate. Pro- 

 vided also, that no dairyman shall be liable to an action for breach of contract 

 if the breach be due to an order from the Local Authority under this Act. 



