Dairy Industry Act 1994 (Tas)

Dairy Industry Act 1994

An Act to reduce regulation in the dairy industry, to facilitate the economic development of the dairy industry for the benefit of Tasmania and to repeal certain Acts [Royal Assent 26 May 1994]

Be it enacted by His Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows:

PART 1 - Preliminary

1. Short title This Act may be cited as the Dairy Industry Act 1994 .

2. Commencement This Act commences on a day to be proclaimed.

3. Interpretation (1) In this Act – Authority means the Tasmanian Dairy Industry Authority established under section 5 ; authorized officer means a person appointed under section 45 ; Code of Practice means a Code of Practice made under Part 5 ; dairy farm means any premises where cows are kept or milked for the purpose of producing milk for profit or sale; dairy farmer means the owner of a dairy farm; dairy farmer's licence means a licence issued under section 22(a) ; dairy premises means – (a) a dairy farm; or (b) milk manufacturing premises; or (c) milk processing premises; dairy produce means – (a) milk and liquid milk products; or (b) dried milk and dried milk products; or (c) condensed milks; or (d) cream and cream products; or (e) butter, butter products, dairy blend and dairy spreads; or (f) cheese and cheese products; or (g) yoghurt and yoghurt products; or (h) any other product or class of products declared to be dairy produce under subsection (2) (a) ; flavoured milk means milk as a liquid containing prescribed components; licence means a licence in force under this Act; manufacture includes to prepare or process; manufacturer means the owner of milk manufacturing premises; manufacturer's licence means a licence issued under section 22(c) ; manufacturing milk means milk which is not used or intended to be used as market milk; market milk means – (a) milk for sale for human consumption as a liquid; or (b) modified milk, skim milk and flavoured milk for sale for human consumption as a liquid; or (c) cream for sale for human consumption as a liquid; or (d) any dairy produce declared to be market milk under subsection (2) (b) ; member means a member of the Authority; milk means – (a) milk derived from cows; and (b) milk declared by the Minister to be milk for the purposes of Parts 3 , 5 or 6 ; milk manufacturing premises means any premises where dairy produce, other than market milk, is manufactured or packed; milk processing premises means any premises where market milk is pasteurized or packed; modified milk means milk as a liquid containing prescribed components; owner includes – (a) the occupier or person apparently in charge of any premises; and (b) the agent or manager of an owner of premises; and (c) in the case of a body corporate or unincorporate, the manager, secretary or person who, in the opinion of the Authority, is able to control the affairs of that body; premises includes – (a) a building or part of a building; and (b) land whether or not belonging to a building; and (c) plant, machinery or equipment used for the production of milk or dairy produce; processor means the owner of milk processing premises; processor's licence means a licence issued under section 22(b) ; sell includes – (a) offer or expose for sale; and (b) keep or have in possession for sale; and (c) barter or exchange; and (d) supply for profit; and (e) agree to sell; and (f) distribute, send, forward or deliver for sale; skim milk means milk from which milk fat has been removed; vendor's licence means a licence issued under section 22(d) . (2) The Minister, by notice published in the Gazette, may declare – (a) that any product or class of products derived from milk is to be treated as dairy produce; or (b) that any dairy produce is to be treated as market milk; or (c) that milk derived from sheep or goats is milk for the purposes of Parts 3 , 5 or 6 . (3) All milk sold to consumers is to be taken as market milk unless the milk is clearly labelled or identified as intended for consumption by animals.