The case, briefly reported in the last issue of BFJ, an appeal to a Milk and Dairies Tribunal arising out of a local authority's refusal to grant a licence to a milk distributor because he failed to comply with a requirement that he should provide protective curtains to his milk floats, was a rare and in many ways, an interesting event. The Tribunal in this case was set up under reg. 16(2) (f), Milk (Special Designation) Regulations, 1963, constituted in accordance with Part I, clause 2 (2), Schedule 4 of the Regulations. Part II outlines procedure for such tribunals. The Tribunal is similar to that authorized by S.30, Food and Drugs Act, 1955, which deals with the registration of dairymen, dairy farms and farmers, and the Milk and Dairies (General) Regulations, 1959. Part II, Schedule 2 of the Act provided for reference to a tribunal of appeals against refusal or cancellation of registration by the Ministry, but of producers only. A local authority's power to refuse to register or cancellation contained in Part I, Schedule 2 provided for no such reference and related to instances where “public health is or is likely to be endangered by any act or default” of such a person, who was given the right of appeal against refusal to register, etc., to a magistrates' court. No such limitation exists in respect of the revoking, suspending, refusal to renew a licence under the Milk (Special Designation) Regulations, 1963; an appeal against same lies to the Minister, who must refer the matter to a tribunal, if the person so requests. This occurred in the case under discussion.
MCB UP Ltd
Copyright © 1977, MCB UP Limited