Dairy Act, 1968
Act 28 of 1968
- Assented to on 16 September 1968
- Commenced on 1 March 1971
- [This is the version of this document at 1 December 1998.]
Part I – Preliminary
1. Short titleThis Act may be cited as the Dairy Act, 1968.
2. InterpretationIn this Act, unless the context otherwise requires—“auditor” means an auditor whose qualifications are recognised by the law of any country as entitling him to practise as an auditor in that country;“authorized officer” means an officer of the Government or of a local authority authorised by the Minister in writing;“board” means the dairy board constituted under Part II;“butter substitute” means renovated, milled, milk-blended or process butter containing not more than eighteen per centum of water and no fat except pure milk fat;“calendar year” means any period of twelve months commencing with the first day of January;“chairman” means the chairman or, in his absence, the vice-chairman of the board;“cheese factory” means any premises used for the manufacture of cheese;“clarified butter” means the residual non rancid produce obtained solely from boiled butter or cream and containing butterfat and not more than 0.2 per centum moisture, and 0.1 per centum protein or other substance;“condensed milk” means milk concentrated by the evaporation of a portion of its water content with or without the addition of sugar;“cream depot” means a place or premises where cream is, pending consignment to a creamery collected, or deposited, for the purpose of weighing, sampling, grading or treatment;“creamery” means any premises used for the manufacture of butter;“creamery butter” means butter manufactured in a creamery;“dairy” means any premises on which milk is produced for the purposes of sale;“dairy product” means—(a)milk, milk product, such milk powder or dried or condensed milk contained in sealed containers; or(b)clarified butter, whey butter or other butter, cheese, cream or ice-cream; or(c)margarine or other substitute for butter made from vegetable or animal fats or a combination of those fats;“disqualified” means disqualified by section 5;“dried milk” or “milk powder” means a dry substance produced by dessication of milk;“financial year” means any period of twelve months commencing with the first day of April;“ice-cream” means the frozen product—(a)of water added to cream or milk with or without the addition of flavouring or other food; or(b)formed partly from water and cream or milk and intended for human consumption;“meeting” means a meeting of the board;“member” means a member of the board;“milk” means pasteurized or other milk derived from cows but does not include—(a)a milk product, or(b)condensed or dried milk contained in sealed containers, or(c)milk which is produced for delivery to a place other than a place in an urban area, but includes milk delivered to a milk purveyor or milk shop, whether inside or outside the urban area, and imported milk;“milk-blended butter” means renovated and milled butters in the process of reworking in which are used—(a)water, milk or cream, or(b)a mixture or any of those, or(c)extraneous ingredients;“milk product” means cream, or separated or skimmed milk or butter milk or sour milk;“milk purveyor” means a person who sells milk or milk products on or from premises other than a dairy, or of a milk-shop for consumption off those premises;“milk-shop” means premises other than—(a)a dairy, or(b)of a milk purveyor,on or from which first-mentioned premises there are handled, kept, stored or exposed for sale or sold only milk or milk products, butter, eggs, cheese, ice-cream or honey;“milled butter” means butter which is a mixture or blend of two or more butters of different grades, qualities or makes and which has been subjected to a process of reworking, either mechanically or otherwise, and has been mixed or blended at a place other than where it was originally manufactured or packed;“Minister” means the Minister for Agriculture and Co-operatives;“pasteurization” means—(a)the process of heating milk to a temperature of' between 145 degrees and 150 degrees Fahrenheit, holding the milk at that temperature for a period of thirty minutes, after that immediately cooling it to a temperature of between 40 degrees and 50 degrees Fahrenheit; or(b)the high temperature short time process;“pasteurized milk” means milk which has been subjected to pasteurization;“permit” means permit under section 18;“prescribe” means to prescribe in accordance with section 16;“Principal Secretary” means the Principal Secretary of the Ministry of Agriculture;“process butter” means butter melted, clarified or refined and reworked by any kind of process with or without the addition of water, milk, cream, milk-fat or extraneous ingredients and made to resemble creamery butter;“renovated butter” means butter so labelled, renewed or treated in any manner in premises other than those in which it was manufactured, so as to eliminate any defects and to restore it to a condition resembling creamery butter;“sealed container” means a container so closed or sealed that access to the contents cannot be obtained without damage to the container;“secretary” means the officer of the board who is appointed under section 11(1);“whey butter” means the product obtained by churning whey, or cream obtained from whey.
Part II – Constitution and administration of Dairy Board
3. Establishment of Dairy Board
5. Disqualification of membersNo person shall be appointed a member and if so appointed, shall cease to hold office, if—
6. Chairman and vice-chairman
7. Meetings and procedure
8. Allowances for membersMembers, other than those appointed under section 4(1)(d) and (e), shall receive such allowances for their attendance at meetings, and for carrying out its functions from the funds of the board as it may, with the Minister’s approval, determine.
10. Non-disclosure of informationA member or an employee or agent of the board who discloses a decision of, or any other information concerning, the board, otherwise than in connexion with its administration, or with its approval, or as required by a court, shall be guilty of an offence.
11. Staff and agents
Part III – Functions of the board
12. General dutiesThe board shall—
13. General powers
14. Power to require information
15. Powers of entry, etc.For the purposes of this Act any officer of the board or authorized office may—
16. Publication of prescriptions of the board
Part IV – Licences, permits and quotas
19. QuotasThe conditions of a permit may in appendixes include such maximum quotas for the sale of dairy products as the board may from time to time determine.
20. Exemptions from permitOn the recommendation of the board, the Minister may, by notice published in the Gazette—
21. Variation or revocation of permit
22. Rights of certain person
23. Control of marketing
Part V – Price control
24. Maximum and minimum prices
Part VI – Finance
26. Funds of the board
27. Accounts of the board
28. Audit and report
29. Minister's power as to chargesThe Minister may, by notice published in the Gazette, authorize charges which the board may make for the grading or testing of a dairy product, or any other service carried out pursuant to this Act.
Part VII – General
30. Certain regulations deemed to have been prescribed by the boardNotwithstanding section 55 of the Town Management Proclamation 1964 (No. 4 of 1964), regulations 140 to 143, inclusive, and Part VIII, the Urban Areas Regulations, 1962 (published under Government Notice Number 88 of 1962), in so far as they are not repugnant to, or inconsistent with, the objects of this Act, shall be deemed to have been prescribed by the board and shall be construed with such modifications, adaptations, qualifications and exceptions as are necessary for the purposes of this Act, and, until amended or replaced by any notice or a regulation made under this Act, shall be administered and enforced by the board.
31. PenaltiesAny person who commits an offence under this Act shall be liable on conviction to a fine of one hundred emalengeni or, in default of payment thereof to three months imprisonment.
32. RegulationsThe Minister may, after consultation with the board, make regulations for the better carrying out of the objects of this Act.
33. Saving as to other lawsNothing in this Act shall be construed as absolving a person from compliance with any other law affecting his business as milk purveyor or his milk-shop or dairy.
History of this document
01 December 1998 this version
01 March 1971
16 September 1968