INFECTED MILK ORDINANCE, 1897

INFECTED MILK ORDINANCE, 1897

ORDINANCE NO. 6 OF 1897.

Infected milk

AN ORDINANCEto prevent the spread of infectios disease
arising from the comsumption of contaminated or un-
wholesome milk.
[18th September,1897.]
BE it enacted by the Governor fo Hongkong, with the advice and
consent of the legistative council thereof, as follows:-
1. this ordinance may be cited as the infected milk ordinance, 1897,
2. in this ordinance, unless the context otherwise requires, -
' dairy' includes any farm, farm-house , cowshed , mild-store , milk- shop, or other place from which milk is supplied or in which milk is
kept for purposes of sale :
'dairyman' includes any cowkeeper, purveyor of milk, or occupier
of a dairy,and, in any case where a dairy is owned by a corporation
or company, the secretary or other person actually managing sucb
dairy:
' infectious disease' means and includes any of the following
diseases:--small-pox, bubonic plague,cholers,diarrhoea,
diphtheria, scarlet fever,typhus fever,enterio fever,relapsing fever,
measles, and whooping cough :
'medical officer of health ' includes any person duly authorized
by the Governor to act temporarily as medical officer of health
and any person duly appointed as assistant medical officer of
health:
'colonia veterinary surgeon' includes any person duly authorized
by the Governor to act temporarily as colonial veterinary surgeon.
3-(1) whenever the medical officer of health is of opinion or has
reason to suspect that any person in the colony is suffering from an
infectious disease, attributable to milk supplied, within the colony, from
any dairy situate within the colony,or that the comsumption of milk
from such dairy is likely to cause infectious disease to any person residing
in the colony,he shall have power to inspect such dairy, and to
medically examine any person residing or employ therein whom he
may suspect to be suffering from an infectious disease,(unless such
person produces a certificate in writing from a duly qualified medical
practitioner that he is not suffering from an infectious disease), and , if
accompanied by the colonial veterianay surgeon,he may inspect and
examine the animals therein and the carcasses of any animals that may
have died therein, and if, on such inspection and examination of the
dairy or of the animals or carcasses therein, or on examination or analysis
of the milk supplied from such dairy, or on examination of any person
employed or residing therein, or on investigation of the sources of the
milk supplied to such dairy , the medical officer of health is satisfied
that infectious disease is caused or may be caused by the consumption
of the milk supply therefrom, he shall report forthwith to the colonial
secretary , for the information of the Governor, and the colonial
secretary shall thereupon give notice to the dairyman to shall cause in
writing,within such time,not being less than twenty-four hours,as may
be specified in the notice, why an order of the Governor-in-council
should not be made requiring him not to supply any milk from such
dairy until such order has been withdrawn; and if , in the opinion of
the Governor-in-council, he fails to show good cause,then the governor-
in-council may make such order as aforesaid.


(2)A copy of the order shall be furnished to the dairyman and
the order shall also be published in The Gazette.
(3)An order made by the Governor-in Council in pursurance of this
Ordinance shall be withdrawn on the Medical Officer of Health reporting
to the Colonial Secretary that he satisfied that the milk supply has
been changed or that the cause of the infection has been removed
Provided always that no dairyman shall be liable to an action for breach
of contract if the breach is due to an order of the Governor-in-Council
made under this Ordinance.
4.Every person who-
(1)refuses to permit any inspection or examination authorized by this
Ordinance; or
(2)wilfully obstruct any authorized officer in carrying out any the pro-
voision of this Ordinance; or
(3)refuses or neglect to forthwith comply with or to carry out the any
order of the Governor-in-Council made under this Ordinance ,
shall on summary conviction before a Magistrate be liable to a penalty
not exceeding five hundred dollars and if the offenceis a continuing
one, to a daily penalty not exceding fifty dollars a day so long as the
offence continues.
5.Any dairyman who allows any person suffering from an infectious
diseases or who has recently been in contract with a perosn so suffering
to milk cows buffaloes, or goats or to handle vessels used for containing
milk for sale, or in any way to take part or assist in the conduct of the
trade of the dairy,so far as regards the production,distribution , or storage
of milk, or to reside in any part of the dairy that is used for the housing
of the cattle or goats or for the storage of milk ,and any daiyman who,
while he himself is so suffering or has recently been in contact with any
person suffering from an infectious disease,milks,cows, buffaloes, or goats,
or handles vessels containing milk for sale,or in any way takes part or
assists in the conduct of his trade, so far as regards the production, dis-
tribution , or storage of milk, or resides in any part of his dairy that is
used for the housing of the cattle or goats or for the storage of milk,
shall, on summary conviction before a magistrate, be liable to a penalty
not exceeding one hundred dollars:provided that it shall be a sufficient
defence if such dairyman proves that he did not know, and had no reason
to suspect , that he or such person ,as the case may be, was suffering
from an infectious disease.
A.D. 1897. Ordinance No. 17 of 1897. Short title. Interpretation of terms. Power to inspect dairy in certain cases and to prohibit supply of milk. Penalty on person refusing to permit inspection, etc. Penalty on dairymaid allowing infected person to milk animal, etc.

A.D. 1897. Ordinance No. 17 of 1897. Short title. Interpretation of terms. Power to inspect dairy in certain cases and to prohibit supply of milk. Penalty on person refusing to permit inspection, etc. Penalty on dairymaid allowing infected person to milk animal, etc.

https://oelawhk.lib.hku.hk/items/show/701

1901

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No. 6 of 1897

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