The Short Title of this Act is “The Dairy Industry Act, 1892.”

In this Act, if not inconsistent with the context,—

The Governor, from time to time,—

May appoint or remove such Inspectors and other officers as he shall deem necessary for the administration of this Act; and

May, by Order in Council gazetted, prescribe regulations for all purposes of such administration, or for the conduct of officers engaged therein.

Every Inspector under this Act, or other duly-authorised officer, shall have and may exercise all the powers and authorities conferred upon an Inspector under “The Adulteration Prevention Act, 1880,” and any amendments or extensions thereof, and also shall have full access, egress, and ingress to all places of business, dairies, factories, creameries, carriages, cars, vessels, cans, and steamers used for the manufacture, storage, and carriage or transit of milk, cream, cheese, or butter.

He shall also have power and authority to open any keg, box, or package which contains butter or cheese for the purpose of inspecting whether or not any false description or brand is placed inside of the keg, box, or package, and he may take therefrom samples for analysis.

It shall be compulsory for the owner of every dairy, factory, or creamery at which either cheese or butter, or both, are manufactured for export to have a trade-mark, duly registered under “The Patents, Designs, and Trade-marks Act, 1889,” wherewith all articles produced at such dairy, factory, or creamery for export shall be distinctly branded or marked in accordance with the subsequent provisions of this Act; and a description of such trade-mark shall be entered among the particulars to be described in the export-entry at the Customs, but one trade-mark may be used for more than one such dairy-factory or creamery if owned or managed by the same person or company.

Every owner as aforesaid who neglects, fails, or refuses to mark any article produced for export with his registered trade-mark is liable to a penalty not exceeding five pounds for every article not bearing the said trade-mark.

Any owner of a dairy who is manufacturing not less than seven hundred and fifty pounds weight of pure milk per day, on the average of the days during which the dairy is working, into cheese or butter, or both, on receiving a certificate from an Inspector under this Act to the effect that the said Inspector has inspected the said owner’s dairy and is satisfied that it is suitable for the above purpose, shall be entitled to mark the produce of the said dairy with the word “Factory” or “Creamery,” as the case may be. Such certificate, however, may be suspended for any period not exceeding three months, by the Minister for Agriculture, on the report of an Inspector that the said dairy is not kept or the produce is not manufactured to the satisfaction of such Inspector; and on a second breach such certificate may be cancelled.

Every person who shall manufacture and export, and every person exporting, a keg, box, or package, or any greater quantity, of cheese or butter, including blended butter, separator butter, or butter in pats or prints, shall distinctly and durably stamp or mark on each cheese, and upon each pat or print of butter, and also upon each keg, box, or package containing such cheese or butter, the following particulars, that is to say:—

The registered trade-mark of such person; and

The words “New Zealand dairy,” or “New Zealand factory,” or “New Zealand creamery,” as the case may be; provided that on each pat or print of butter the letters N.Z. may be used instead of the words New Zealand; and also

Upon each keg, box, or package the true and exact nature and description, as defined in subsection (a) of section two of this Act, of the cheese or butter contained therein.

Every person who exports or causes, procures, or offers to export any of the articles required by this section to be stamped or marked with the above-mentioned particulars, which are not so stamped or marked, or on which any of the aforesaid particulars are to his knowledge false, is liable for every such offence to a penalty not exceeding one hundred pounds and not less than five pounds.

No person shall sell, supply, bring, or send to a dairy, factory, or creamery, or to the owner or manager thereof, any milk taken or drawn from a cow that is suspected or known to be suffering from or infected with any disease as defined in “The Stock Act, 1891,” at the time the milk is so taken or drawn from, such cow.

Every person who, by himself or by any other person to his knowledge, violates any of the provisions of the last-preceding section, shall, for each offence, upon conviction thereof, be liable to a penalty not exceeding ten pounds and not less than two pounds.

The person on whose behalf any milk is sold, supplied, brought, or sent to a dairy, factory, or creamery in violation of the provisions of section eight shall be prima facie liable to the penalty aforesaid.

Any person to whom milk is offered for sale and any Inspector may, without payment, take samples of such milk for analysis, and the said samples shall be sealed and packed in the presence of the owner of or the person offering such milk for sale, and shall be submitted for analysis to an analyst under “The Adulteration Prevention Act, 1880;” and, in case such owner or person offering such milk for sale refuses a sample of such milk to be taken for analysis as aforesaid, he shall be liable to a penalty not exceeding five pounds and not less than two pounds for each separate offence.

Any Inspector may require the owner or custodian of any cow or cows, and whose milk is being sold, supplied, brought, or sent to a dairy or factory or creamery, to allow samples of milk to be taken from any such cows for the purpose of being sent for analysis to any analyst under “The Adulteration Prevention Act, 1880:” Provided that such samples shall be sealed and packed in the presence of the aforesaid owner or custodian.

Every person who resists, impedes, or obstructs any Inspector appointed or acting under the authority of this Act in the lawful execution of his duty is liable for each such offence to a penalty not exceeding five pounds.

Every person who delays an Inspector in the exercise of any power under this Act shall be deemed to obstruct an Inspector in the execution of his duty.

Every person who contravenes this Act in any manner is liable for every such offence, where no other penalty is provided, to a penalty not exceeding twenty pounds.

All penalties under this Act may be recovered in a summary way before a Resident Magistrate or any two or more Justices of the Peace under “The Justices of the Peace Act, 1882.”

Any pecuniary penalty imposed under this Act shall, when recovered, be paid into the Public Account and form part of the Consolidated Fund.