Provisions as to ice-cream likely to cause milk-borne disease

(1) Every manufacturer of, or dealer in, ice-cream shall, upon the occurrence of any milk-borne disease among the persons living or working in or about the premises on which the ice-cream is manufactured, stored or sold, forthwith give notice thereof to the medical officer of health of the district and, if he fails to do so, he commits an offence and is liable to a fine not exceeding twenty-five dollars. (2) If the medical officer of health of a district has reasonable ground for suspecting that any ice-cream, or substance intended for use in the manufacture of ice-cream, is likely to cause any milk-borne disease, he may give notice to the person in charge thereof that, until further notice, the ice-cream or substance in question, or any specified portion thereof, shall not be used for human consumption and either shall not be removed, or shall not be removed except to some place specified in the notice. (3) A person who uses or removes any ice-cream or substance in contravention of the requirements of a notice given under sub-section (2) commits an offence and is liable to a fine not exceeding fifty dollars. (4) If, on further investigation, the medical officer is satisfied that the ice-cream or substance in question may safely be used for human consumption, he shall forthwith withdraw his notice, but, if he is not so satisfied, he shall cause it to be destroyed, and he shall also cause to be destroyed any other ice- cream or such substance as aforesaid then on the premises as to which he is not so satisfied. (5) Subject as hereinafter provided, where a notice given under sub-section (2) is withdrawn by the medical officer, or the medical officer acting under sub-section (4) causes any ice- cream or other substance to be destroyed, the local authority shall compensate the owner of the ice-cream or other substance 45 in question for any depreciation in its value resulting from the action taken by the medical officer or, as the case may be, for the loss of its value, the amount of such compensation being fixed by the magistrate of the district upon application by the owner of such ice-cream or other substance, Provided that– (a) no compensation shall be payable under this section in respect of the destruction of any ice- cream or substance if the local authority proves that it was likely to cause any milk borne disease; (b) no compensation shall in any case be payable under this section, (i) in respect of any ice-cream or substance manufactured on, or brought within, any premises while a notice given under sub-section (2) with respect to anything on those premises was operative; or (ii) in any case where the owner of the ice- cream or substance in question has failed to give a notice which he was required by sub-section (1) to give. (6) For the purposes of sub-section (5) the value of any ice- cream or other substance shall not be assessed at a sum exceeding the cost incurred by the owner in making or purchasing it. (7) In this section, “milk-borne disease” means any disease specified in Part II of Schedule I and any other disease which the Minister may by Order declare to be for the purposes of this section a milk-borne disease. Schedule I. 46