MILK AND DAIRIES BY-LAWS
Title
MILK AND DAIRIES BY-LAWS
Description
PUBLIC HEALTH (FOOD)
Subsidiary legislation under this Chapter with sitb-
seqticnt amendments (if any) incorporated, is set ont as
follows-
Page
Milk and Dairies By-laws ............ ... ... 118
Reconstituted Milk and Cream By-laws 126
Food Factories By-laws .............. ... ... 129
Food Shops By-laws .................. ... ... 140
Markets By-laws 147
Restaurants and Food Stalls By-laws ... 157
Disease Prevention (Food and Drinks) By-laws 174
Roast Meat Shops By-laws ............ .... 177
Salted or Dried Fish By-laws ........ ... ... 179
Slaughter-houses By-laws ............ ... ... 181
MILK AND DAIRIES BY-LAWS.
(Cap. 140).
(Ordinance No. 13 Of 1935).
[1st January, 1936.]
1. In these by-laws-
'disease' means any disease of an infectious or contagious
nature, and includes, in the case of cattle, any disease
of the udder which is liable to cause contamination of
the milk;
'milk' includes cream and skimmed and separated milk,
but does not include imported preserved milk.
2. No person shall sell, offer or expose for sale or use
in the preparation of some other article of food for sale any
milk or cream other than pasteurized milk or pasteurized
cream.
For the purposes of this by-law 'pasteurized milk'
means milk which has been heated to, and retained for a
period of not less than thirty minutes at, a temperature of
riot less than 14,5 degrees on the Fahrenheit scale and riot
more than 1.5o degyrees on the F~iltr(.,itltelt scale, and which
has ther. immediately been cooled to a temperature of not
more than 55 degrees on the Fahrenheit scale :
Provided that no milk or cream shall be deemed
pasteurized if it shall contain Q11 sarnple taken at any tinie-
(a)before j).istciii-iz~.tioii, more than 200,000 bacteria
per cubic centirneter arid/or any Bacillus coli
communis in one-thousandth (o.ooi) of a cubic
centinicier or,
(ly)tifter pasteurization, arid before or dtiring delivery
for sale, niore thall 3(,()( bacteria per Cubic centi-
Illeter and/or any Bacillus coli coinvtuitis in one-
tenth of a cubic centimeter.
3. (1) All pasteurizing, sterilizing, cleansing, cooling,
refrigerating, cold storage, bottling, filling or other plant
or apparatus used in any dairy shall be of a type approved
by the Council.
(2) Every pasteurizing plant or apparatus shall be
ecitiil)l)ccl with a self-registering thernionieler device which
Z~
will accurately indicate and record the temperature to which
and the length of time for which the pasteurized milk has
been heated. All such records shall be kept for at least
two months and shall be available for inspection at all
reasonable times by any health officer or food officer.
4. (1) Milk shall be sold, offered or exposed for sale
only in containers of a type approved by the Council. For
the purposes of these by-laws 'container' includes any
cover attached to a container.
(2) The filling of all containers shall be carried out
only in the premises in which the milk was pasteurized and
shall be done by machinery or some other means approved
,by the Council.
. (3) All containers shall be thoroughly cleansed and
sterilized before use. The cleansing and sterilizing of
bottles shall be done with steam or boiling water.
(4) Every bottle used as a container shall be constructed
of clear colourless glass and shall be closed with a tightly
fitting disc and covered with an outer cover overlapping the
lip of and securely fastened to the bottle. The outer cover
or, if the outer cover is constructed of transparent material,
the disc or a prominent label or labels attached to the bottle
shall bear-
(a)the name in English letters of the dairyman in
whose dairy the milk was pasteurized and bottled;
(b) the word 'PASTEURIZED'.
5. By~laws 1 and 4 sliall not apply to nilik or cream
which has been frozen and sold, offered or exposed for sale
as frozen milk or cream upon such conditions as the Council
rnay impose and contained in containers approved by the
Council. For the purposes of this by-law 41 container'
includes any cover attached to a container.
6. No person shall carry on the trade of a dairyman
unless he holds a licence issued in that behalf by the Council.
On such licence shall be affixed the photograph of the
licensee. Such licences shall be issued for such period not
exceeding one year as the Council thinks fit.
7. No person shall be licensed until fie shall have
furnished full information to the satisfaction of the Council
as to his residence, the place where the milk is kept for sale,
the place where the milk is produced, the place where the
cattle are kept, the nature of his water supply and the general
suitability of his arrangements for carrying on such trade.
8. Every person so licensed shall notify the Council
forthwith of any change in the source from which his milk
is derived.
9. Every person so licensedshall at all times afford
any health officer, senior veterinar officer ot- food officer
y
ft-ec access to all premises occupied by him, whether as a
dairy or milk shop ot- not, for the purpose of inspection,
and shall produce his licence on demand.
10, Every dairyman whilst purveying or selling -milk
shall carry his licence with hirn and shall produce it when
demanded by any health officer, senior veterinary office.)
or food officer.
11. Every place used by a licensed person as a dairy o
mill( shop shall be specified in the licence issued by th
Council, and a place not so specified therein shall not be
used as a dairy or nlilk shop by such person.
12. Every building used as a dairy or milk shop shall
be registered annually during the month of January at the
office of the Council and every application for registration
shall be made in the form to be supplied by the Secretary
of the Council. The registration fee for a dairy shall be
$120.00 per annum, and for a milk shop, $30.00 per annum
If a licence is issued on or after ist July in any year, half
fee shall be payable.
13. Every dairy and milk shop shall be adequately
lighted and ventilated to the satisfaction of the Council, and
the floor shall be paved with a layer of not less than six
inches of good lime-concrete, or not less than three inches
of cement-concrete composed of one part of cement, three
parts of sand and five parts of stone broken to pass through
a one inch ring, and the surface thereof shall be rendered
smooth and impervious with a layer of asphalt or cement-
mortar of not less than half an inch in thickness, or of such
other material of such nature and thickness as the Council
may approve. In the case of a place where cattle are kept,
the floor shall be raised at least eight inches above the
ground level and shall have a slope of not less than one in
sixty and shall directly conirnunicate by an independent drain
to be constructed as the Council may direct with a covered
cement catch-pit tile contents of which shall be removed
daily.
14. No water closet, dry closet, earth closet or urinal
shall be within, or be in direct communication with, any
dairy or milk shop.
15. No building or part of a building shall be used as
a dairy or milk shop until such premises have been appr oved
by the Council as being in accordance with these by-laws
and have been registered.
16. Except with the written permission of the Council
no dairyman shall hm,e in his dairy or milk shop any milk
derived otherwise than from premises registered under
by-law 12.
17. The whole of tlic interior walls (unless exempted by
the Council) and the ceilings of the rooms of every dairy
and milk shop shall be properly lirne-washed during the
months of January and july of each year.
18. (1) Every dairyman shall cause every pari of any
dairy or milk shop in his occupation to be thoroughly
cleansed from time to time as often as may be necessary
to secure that such dairy or milk shop shall be at all times
clean to the satisfaction of a health officer, senior veterinary,'
officer or food officer. It shall be scraped and white-washed
whenever required by the Council.
(2) He shall cause the floor of every such dairy,, or inilk
shop to be thoroughly cleansed and all offensive matter to
be removed from such dairy or inilk shop as often as may
be necessary and not less than once daily.
.(3) He shall keep in or in connexion with every dairy
or inilk shop in his occupation a supply of clean fresh water
suitable for all such purposes as may from time to tirne be
necessary.
(4) He shall not deposit or keep in), milk in any rooni
used as a kitchen or as a living room.
19. (1) Every dairyman shall cause every vessel and
utensil used by hirn for the reception of rnilk to be of such
material and design as the Council may approve.
(2) He shall cause every vessel, receptacle or utensil
used by, hirn for containing milk to be cleaned thoroughly
with stearn or clean boiling water after it has been used and
to be maintained in a constant state of cleanliness.
(3) He shall not permit or suffer any person to drink
out of any vessel or measure used by him in purveying milk.
(4) He shall not CaLISC or suffer any anirnal belonging
to hirn or under his control to be milked unles.5~
(a)at the time of milking the udder and teats of such
animal are thoroughly clean ;
(b)the hands of the person milking such animal are
thoroughly clean and free from all infection and
contami nation.
20. It shall be the duty of every dairyman to use due
diligence and care to ascertain the presence of sickness or
disease upon his dairy or milk shop premises and to ascer-
tain whether such sickness or disease is of a contagious or
infectious nature, and lie shall be presumed to know of the
existence of such sickness or disease, unless and until he
shows to the satisfaction of the magistrate, before whom lie
is charged, that lie could not with reasonable diligence have
obtained such knowledge.
21. Every dairyman shall, when any person residing in
his liouse or being upon his premises is suffering from any
infectious or contagious disease, give immediate notice
thereof in writing to a health officer.
22. If at any tirne disease of in infectious or contagious
nature dangerous to animals or mankind or any disease of
the udder exists among the cattle belonging to or under the
charge of a dairyman, or amongst other animals associated
with the cattle of such dairyman, lie shall notify the same
forthwith to a health officer or senior veterinary officer.
23. (1) Every dairyman shall keep-a herd register in
the form furnished to him by the Urban Council. He shall
enter therein in black ink particulars of each and' every
animal kept or received on his premises. He shall make ail
necessary, entries in the herd register promptly so that such
register forms an up-to-date record of his herd. In the case
of any animal which ceases to be kept on the premises, the
dairyman shall cancel the particulars aforesaid by means of
a thin line in red ink in such a manner as not to render such
particulars illegible., In addition, lie shall enter in red ink
in the remarks column, the date of departure from the dairy
and the place to which such animal has been sent and, if
required, shall produce a receipt or other document verifying
the date of departure and destination of the animal. In the
case of death of an animal, the date and cause of death and
the manner and place of disposal of the carcase shall be
entered in red ink in the appropriate columns and the dairy-
man shall, if required, produce documentary evidence
verifying such particulars. All entries shall be in the
English language. All entries shall be coniplete and
accurate.
(2) Every register shall be available for inspection 011
demand by any health officer or health inspector.
(3) The loss of any register shall be reported without
delay to the Secretary, Urban Council, or to a licalth officer
or health inspector.
24. Whenever a health officer is of opinion or has
reason to suspect that any person in the Colony is suffering
from an infectious disease attributable to milk supplied from
any dairy or milk shop situated within the Colony, or that
the consumption of milk from any dairy is likely to cause
infectious disease to any person, lie shall have power to
inspectsuch dairy or milk shop and medically to examine
any person residing or employed therein and may call upon
a senior veterinary officer to inspect and examine the
animals therein, and the carcases of any animals that may
have died therein.
25. (1) A health officer may order any person engaged
or employed in any capacity in any dairy to submit lliniself
for such medical examination at such tirne and place as may
be designated by the health officer aforementioned.
(2) If after medical examination, it is the opinion of
a health officer that employment in a dairy has caused, or
is likely to cause, spread of communicable disease to man or
animal, the person so medically examined shall be notified
in writing by the Secretary and lie shall forthwith cease
to engage in the business of, or to be employed in, any dairy
until lie obtains a medical certificate that lie is no longer
likely to cause spread of communicable disease to man or
animal.
(-) It shall not be lawful for any dairyman to employ
any person who, in accordance with paragraph (2), is deemed
to have caused, or is likely to cause, spread of communicable
disease to man or animal.
26. Every dairyman shall take -ill reasonable and proper
precautions in and in connexion with the storage and dis-
tribution of milk, and otherwise, to prevent the exposure
of the inilk to any infection or contamination.
27. No dairynlan shall allow ,in), person suffering from
,in infectious or contagious disease or having recently been
in con(act with a person so suffering to resiele or enter upon
his preillises or to milk any ~inlilial or handle any vessel
used for the reception of milk or in xny way to take part
in the conduct of the production, preparation, storage, dis-
tribution or s~ile of milk.
28. The milk of a diseased aninial or of any anirnal
which li-is been in contact with or associated with a diseased
wililial Wid the niilk ol' which is in the opinlon of a llealth
ofil.cer or senior veterinary officer likely to have becorne
or to become contaminated-
(a) shall riot be mixed with other milk;
(b) shall riot be sold as hurnan food; and
(c)shall not be sold or used as food for other anirnals
s.t.tve with the permission of a health officer.
29. If a health officer or senior veterinary officer is of
opinion that infectious disease is caused or likely to be caused
by the consumption of the rillik supplied frorn any diary, or
tliat the public lic.,tltii is or is likely to be endangered by lily
act Ol- CICI'~ILIII Of W1Y d~tir~.' Ill,'tll, SUCII IIC~ilt~ll officer or
vet er i nary officer may make an order in writing with a view
to stopping, tlie supply, distribution or sale of such rililk,
absolutely or under conditions laid down in such order.
30. If an order prohibiting the Supply, distribution, or
sale of inilk is made against a d.,tli-yiiian under the provisions
of the precedinglie shall riot bc entitled to claim
Coll]P(~lis~itioli for 'any 1tinage or loss 'which lie rilay sustaill
31. AnY, person by order rilade by tile
Urbail Council or any officer may ~ippeal to the Governor ill
Council.
32. (1) No person shall spit in any dairy or milk shop
except into spittoons provid(M1. for the purpose,
(2) The registered proprietor of every dairy and milk
shop shall cause to be continuously displayed, in a conspicu-
oils position 011 every floor of his registered premises, a notice
or notices of a size and form approved by the Council, and
ill a language prescribed by the Council requiring all persons
present on the premises riot to spit on the floor : Provided
that the Council may, in its discretion, exe . nipt ill writing
any premises from the above requirement as to display of
notice, and revoke in writing any sucli exemption.
(3) The registered proprietor of every dairy and inilk
shop shall cause any phlegm, spittle or saliva found oil the
floor of his prernises to bc promptly swept up and ;
and, in the event of his providing one or more spittoons, shall
c~ause a sufficient quantity of a disinfectant fluid to be kept
continuously in such spittoons while ill use, and shall
thoroughly cleanse them daily at the close (if business.
33. (1) Any person who acts in contravention of
by-laws 2 to 4, 6, 8 to 11, 13 to 23, 25 to 29, and 32 shall be
liable on summary conviction to a fine of two thousand
dollars or to imprisonment for six months, as well as to suffer
any forfeiture that may be prescribed therein.
(2) Any licence issued under any by-law shall be liable
to cancellation by the Council on the breach of any by-law
to, which the holder of such licence is subject or on breach
of ally condition of the licence.
34. These by-laws may be cited as the Milk and Dairies
By-laws.
RECONSTITUTED MILK AND CREAM BY-LAWS.
(Cap. 140, sections 5 and 6).
(Ordinance No. 13 Of 1935),
[14th April, 1938.]
1. In these by-laws the terms 'reconstituted milk'
and 'reconstituted cream' mean products resulting from the
Ord. 13 of 1935, s. 6, Schedule. G.N. 379/38. G.N. 1205/39. G.N. 1140/40. G.N. 602/47. G.N.A. 125/48. G.N.A. 213/48. G.N.A. 87/51. G.N. 379/38. G.N. 1205/39. G.N. 1205/39. G.N. 379/38. G.N. 379/38. G.N. 1140/40. [by-law 4, cont.] G.N.A. 213/48. G.N. 602/47. G.N.A. 125/48. [by-law 23, cont.] G.N.A. 125/48. [by-law 32, cont.] G.N.A. 87/51. G.N. 295/38. G.N.A. 87/51.
Abstract
Ord. 13 of 1935, s. 6, Schedule. G.N. 379/38. G.N. 1205/39. G.N. 1140/40. G.N. 602/47. G.N.A. 125/48. G.N.A. 213/48. G.N.A. 87/51. G.N. 379/38. G.N. 1205/39. G.N. 1205/39. G.N. 379/38. G.N. 379/38. G.N. 1140/40. [by-law 4, cont.] G.N.A. 213/48. G.N. 602/47. G.N.A. 125/48. [by-law 23, cont.] G.N.A. 125/48. [by-law 32, cont.] G.N.A. 87/51. G.N. 295/38. G.N.A. 87/51.
Identifier
https://oelawhk.lib.hku.hk/items/show/1920
Edition
1950
Volume
V10
Subsequent Cap No.
140
Number of Pages
9
Files
Collection
Historical Laws of Hong Kong Online
Citation
“MILK AND DAIRIES BY-LAWS,” Historical Laws of Hong Kong Online, accessed November 15, 2024, https://oelawhk.lib.hku.hk/items/show/1920.