Bill 112 (Legislature 12, Session 1)

L12 S1 6780

Alberta — Bills

Bill No. 112 of 1953 A BILL TO AMEND THE DAIRYMEN'S ACT, 1950 NOTE This Bill amends The Dairymen's Act, 1950, being chap ter 18 of the Statutes of Alberta,

Section 2 is amended for the purpose of defining "imita tion dairy product" as used in the Aet, the term "manu factured" as applied to ·butter, and the term "package".

Section 5 is struck out and a new

section substituted. The new

section provides authority for an inspector to weigh or take samples of dairy or other products which he believes to be imitation dairy products for testing purposes.

Section 6c is amended to add "grade, brand or marks" to those things which it is an offence to erase or efface from a dairy product or a package containing a dairy product.

Section lla is added. It prohibits certain practices with respect to cheese and prohibits the incorporation of a foreign substance in a dairy product during or after its manufacture.

Section 27 is struck out and a new

section substituted. The new subsection <1) of this

section is a redraft of the previous section. Subsection (2) prohibits a person holding a dairy manufacturing plant license from conducting a dairy operation not covered by the li~ense.

Section 28 is amended to expressly include the power to require bonding as a condition of a license being issued. Sections 31 and 33 are amended to have the products ex pressly mentioned in this

section replaced by the defined term "dairy products".

Section 36a is added. This is the former subsection (2) of

section 27 which relates to certain transfers of milk and cream and which was removed from

section 27 on its amendment. Se:ction 37a is new. It provides a prohibition against the manufacture and sale of imitation dairy products which by definition does not include margarine. The manufacture or sale of an imitation dairy product is an offence.

Section 39 is amended. SUbsection (1), clause (

c) is amended. The effect of the amendment is to permit regula tions prescribing the manner in which dairy products may be advertised. Clause (

f) is also amended to have the clause refer to the defined expression "dairy product" rather than to milk and cream, and is also broadened to include re novating of a dairy product. Clause (jj) is added to pro hibit the manufacture of a dairy product the composition of which has not been defined.

Section 40a which provides powers of search and seizure in respect of dairy products is extended to include the same powers in the case of imitation dairy products.

Section 40c is amended to have the muanfacturer's liabil ity the same in the case of imitation dairy products as in the case of an illegally manufactured dairy product.

Section 40f is amended to provide for forfeiture of seized imitation da1ry products.

Section 40g is added and provides for certain prima facie presumptions and proofs in a prosecution for an offence under this Act. This Bill comes into force on the 1st day of July, 1953. . I J. W.RYAN, 'l Acting Legislative Counsel. (This note does not form any part of the BiU but is offered in explanation of its provisions.)

BILL No. 112 of 1953

An Act to amend The Dairymen's Act, 1950 (Assented to ,1958) HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Alberta, enacts as follows : 1. The Dairymen's Act, 1950, ·being

chapter 18 of the Statutes of Alberta, 1950, is hereby amended.

Section 2 is amended secuon z (

a) by adding immediately after clause (

h) the follow- amended ing new clause: "(hh) 'imitation dairy product' means any food sub- "Imitation stance other than a dairy product, of whatever ~~c1- pro origin, source or composition that is manufac- tured for human consumption and for the same use as or in semblance of a dairy product and which is manufactured wholly or in part from any fat or oil, other than that of milk but does not include margarine as defined in The Margarine Act;"; (

b) my adding immediately after clause (

i) the follow ing new clause: 11 (ii) 'manufactured', as applied to butter, means "ma.nuta.c that stage of the operation when butter is tured .. packed or pl~ed· in any package;" ; (

c) by adding immediately after clause (

j) the follow ing new clause: "(jj) 'package' means a receptacle or covering used "package" for the packing, wrapping or covering of a dairy product;".

Section 5 is struck out and the following is substituted : secuodned5 amen "5. For the purpose of grading, testing or analyzing, an samples inspector, at any reasonable time without a warrant, may weigh and take samples of 11 (

a) a dairy product, 11 (

b) a produ~t which the inspector believes to be an imitation dairy product, - whether the product is in the possession of the producer, manufacturer, vendor, purchaser, carrier or a storage company.".

Section 8o amended New

section llb Adulteration of chee.e SecUon 27 amended Licenses required

Section 28 amended 8,ect1Pn 81 amended

Section 31 amended New

section 38a Permit to transfer milk a.nd cream 2

Section 6c is amended by striking out the words "any grade name applied to any dairy product or any container thereof" and by substituting the words "wholly or in part or cause to be altered, effaced or obliterated, any grade name, brand or mark to any dairy product or any package con taining a dairy product". 5. The following new

section is added immediately aftet:

section lla: "llb.

(1) No person shall incorporate in a cheese dur ing the process of its manufacture any inferior curd or cheese. "

(2) No person shall knowingly sell, offer, expose or have in his possession for sale any cheese in which an in ferior curd or cheese has been incorporated during its manufacture, unless due notice has been given of the in corporation of the inferior curd or cheese to all prospective purchasers. · "

(3) No person shall incorporate or place any foreign substance in a dairy product during or after its manu facture.".

Section 27 is struck out and the following is sub- stituted: "2'1. ( 1) No person shall "(

a) operate a dairy manufacturing plant, or " (

b) act as a grader and tester of milk and cream, until he has obtained a license to do so from the Minister. "

(2) No person who is issued a license to operate a dairy manufacturing plant shall conduct any type of operation not specifically set out in the license issued to him by the Minister.". '1.

Section 28, subsection ( 4) is amended by adding im med~tely after the word "cppditions" the words "and bond requirements".

Section 31, subsection (1) is amended by striking out the words "creamery, cheese factory or concentrated milk" wherever they occur and by substituting the words "dairy manufacturing'' l

Section 33 is amended by striking out the words "creamery, cheese factory or concentrated milk" and by sub stituting the ·words "dairy manufacturing". 10. The following new heading and

section are added im mediately after s~tion 36 : "Transfers of Milk and Cream "3&. Upon the application of a person licensed to operate a dairy manufacturing plant, the Minister may issue a permit in writing authorizing that person to transfer or forward any milk or cream purchased by him from h~ patrons to some other point to be manufactured or resold.' .

3 11. The following new heading and

section are added im- New

section mediately after

section 37: 37a "Imitation Dairy Products "37a. <1) No person shall manufacture, sell, offer for Imitation sale or have in his possession for sale any imitation dairy ~~~~~ pro product. "

(2) A person who manufactures, sells, offers for sale or Penalty has in his possession for sale, any imitation dairy product is guilty of an offence and liable on

summary conviction to a fine not exceeding five hundred dollars.".

Section 39, subsection (1) is amended .~:;e~~~ 39 (

a) by adding immediately after subclause (iii) of clause (

c) the following new subclause: "(iv) the manner in which dairy products may be ad vertised ;" ; (

b) by striking out the words "or handling milk or cream", where they occur in clause (f), and by sub stituting the words "renovating or handling dairy products"; (

c) by adding immediately after clause (

j) the follow ing new clause: "(jj) prohibiting the manufacture and sale of dairy products where standards of composition there of have not been defined;"

Section 40a, subsection (1) is amended by adding Sectiodn Joa immediately after the words "dairy products" the words "or amen e imitation dairy products".

Section 40c is amended by adding immediately after

Section 40c the words "dairy product", wherever they occur, the words amended "or imitation dairy product". ·

Section 40/ is amended by adding immediately after

section 40/ the words "dairy products" the words "or imitation dairy amended products". 16. The following new

section is added immediately ~ew

section after

section 40/: 4 II "40g.

(1) In a prosecution for an offence under this Act, Presump " (

a) the possession by a manufacturer of or dealer in ~~~t a.~1 dairy products of any product the manufacture or offence sale of which is prohibited by this Act shall be deemed to be prima facie evide11:ce of the intent to sell or use the same in violation of this Act, "(

b) the fact that a package containing a dairy product bore "(

i) a name and address purporting to be the name and address of the person by whom it was packed, or

Comllllr Into force 4 "(ii) a registered number ·purporting to be the registered number of the dairy manufacturing plant where it was packed, is prima, facie proof that the dairy product was packed and that the package was marked by the person whose name and address appeared on the package or by the person operating the dairy manufacturmg plant whose registered number appeared on the package, as the case may be.". 1'7. This Act comes into force on the 1st day of July, 1958.

No. 112 FIRST SESSION TWELFTH LEGISLAlURE 2 ELIZABETH II 1953 BILL

An Act to amend The Dairymen's Act, 1950 Received and read the First time ..... Second time ............... ........................ . Third time ..... HoN. MR. URE Title: 1953 (12th, 1st) Bill 112,

An Act to amend The Dairymen's Act, 1950

Document details

Collection	Alberta — Bills
Citation	L12 S1 6780
Type	bill
Volume / chapter	L12 S1 6780
Language	en
Format	json
Source	PROVINCIAL
Identifier	dd66ce85726d8b58466b01ac19f27a4e2b2a1191

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