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Milking sheds and the Transport of Milk By-law, 2009
- Published in Eastern Cape Provincial Gazette no. 2042 on 27 February 2009
- Commenced on 27 February 2009
- [Up to date as at 13 April 2021]
1. DefinitionIn these By-laws, unless the context otherwise indicates, any word or expression to which a meaning has been assigned in the Act must have that meaning and,"adequately ventilated an illuminated" means ventilated and illuminated by means of windows with an uninterrupted transparent area equal to at least ten percent of the floor area and with an area which can be opened equal to at least 5 percent of the floor area and so placed that cross ventilation is facilitated;"approved milking shed" means a milking shed in respect of which a certificate acceptability has been issued and is in force, and, in the application of sections 2(1) and 7(1), includes a milking shed in respect of which a provisional certificate of acceptability has been issued and is in force;"certificate of acceptability" means a certificate of acceptability as referred to in section 3;"dairy stock" means cows, she-goats, ewes, mares or jenny asses used in the production of milk for human consumption and "milk animal" have a corresponding meaning;"disposal system" means a subterranean or ground-level tank or other vessel, sewerage system, dam or farm-land into or onto which effluent may be discharged;"effluent" means any liquid, liquid or solid waste or liquid or solid manure emanating from a milking shed;"existing milking shed" means a milking shed legally used as such immediately before the date of commencement of these By-laws;"holder" means the person in whose name a certificate of acceptability has been issued;"inspector" means person contemplated in section 53(1) of the Act;"milking parlour" means that area of the milking shed in which dairy stock are milked;"milk tanker" means a vehicle for transporting milk in bulk;"Municipality" means Mbizana Local Municipality;"Municipal Council" means Mbizana Municipal Council contemplated in section 59 read with section 81(2) of the Local Government Municipal Systems Act, 2000 (Act No. 32 of 2000), in terms of Section 157(1) of the Constitution of the Republic of South Africa, 1996 (Act 108, 1996), or person designated by any legislation or resolution of Municipality to represent it;"new milking shed" means a milking shed that will be put into use after the date of commencement of these By-laws;"own use" with regard to milk, means milk-(a)that is used, or meant to be used, exclusively by the owner or possessor of dairy stock or by such person's household; or(b)that is provided free of charge, to employees of such person for the use of such employees or their households;"provisional certificate of acceptability" means clean and clear water that contains no Eseherichia coli organisms per 100ml and is free from any substance in concentrations detrimental to human health;"prescribed fee" means a fee determined by the Municipality by resolution;"the Act" means the Health Act, 1977 (Act 63 of 1977).
2. Prohibition on the production of milk except in an approved milking shed
3. Application for a certificate of acceptability
4. Provisional certificate of acceptability
5. Conditions subject to which a certificate of acceptability or a provisional certificate of acceptability is issuedIt is a condition of a certificate of acceptability and a provisional certificate of acceptability that the milking shed, the staff that are employed there and the diary inspector -(a)may be transferred by the holder to someone else only with the prior approval of the Municipality; and(b)the milking shed be used in accordance with the provisions of these By-laws.
6. Transfer of a certificate of acceptability
7. Suspension or withdrawal of a certificate of acceptability or a provisional certificate of acceptability
Requirements and instructions
8. Milking sheds
9. Milk containers and milking machines
11. Dairy stock
12. Milkers and handlers of milk
Transport of milk
13. Duties of the driver of a vehicleIf milk is not already packed in its final retail packaging is loaded on a vehicle at a milking shed for transport to a further distribution point or processing point, the driver of such vehicle must-(a)before any milk is loaded on such vehicle-(i)carry out an alizarol test (68 percent alcohol) on a sample of the milk to be loaded, which sample must be taken by himself or herself or order the direct supervision, from the milk container from which such milk is to be loaded; and(ii)take the temperature of the milk in the bulk form tank and, if the alizarol test is positive, or if the temperature of such milk in the bulk form tank exceeds 5oC, not accept such milk for transport.(b)ensure that a milk tanker or milk container is so cleaned and disinfected as soon as all the milk has been unloaded to the effect that the bacteriological count on the surfaces coming into contact with milk does not exceed 10 bacteria per 100mm² of such surfaces after disinfections; and(c)take a sample of milk at every milking shed where milk is loaded and mark such sample with a mark by which the milking shed concerned can be identified and keep that sample separate in a container or that the temperature of the sample does not exceed 5oC al its final destination.
16. PenaltiesAny person contravening or failing to comply with any provision of these By-laws is guilty of an offence and liable, on conviction, to a fine or in default of payment, to imprisonment for a period not exceeding six months, or to both such fine and such imprisonment.
17. Repeal of By-lawsThe provisions of any By-laws relating to milking sheds and the transport of milk by the Municipality are repealed insofar as they relate to matters provided for in these By-laws.
18. Short titleThese By-laws are called By-laws regulating Milking sheds and the Transport of Milk.
- Entire By-law
- Chapter I
- 3. Application for a certificate of acceptability
- 4. Provisional certificate of acceptability
- 5. Conditions subject to which a certificate of acceptability or a provisional certificate of acceptability is issued
- 6. Transfer of a certificate of acceptability
- 7. Suspension or withdrawal of a certificate of acceptability or a provisional certificate of acceptability
- Chapter III – Requirements and instructions
- Chapter IV – Transport of milk
History of this By-law
27 February 2009 this versionPublished in Eastern Cape Provincial Gazette no. 2042By-law commences.