1958.
Margarine.
No. 6301
587
No. 6301.
MARGARINE ACT 1958.
An
Act to consolidate the Law relating to the
Manufacture Packing and Sale of Margarine.
[30fA September, 1958.]
E it enacted by the Queen's Most Excellent Majesty by and
with the advice and consent of the Legislative Council and
B
the Legislative Assembly of Victoria in this present Parliament
assembled and by the authority of the same as follows (that is
to say):—
1. This Act may be cited as the Margarine Act 1958, and short title
shall come into operation on a day to be fixed by proclamation meic?Sent
of the Governor in Council published in the Government Gazette.
2. (1) The Acts mentioned in the Schedule to the extent Repeal,
thereby expressed to be repealed are hereby repealed accordingly, schedule.
(2) Except as in this Act expressly or by necessary implication
provided—
(a) all persons things and circumstances appointed or
created by or under either of the repealed Acts or
existing or continuing under either of such Acts
immediately before the commencement of this Act
shall under and subject to this Act continue to
have the same status operation and effect as they
respectively would have had if such Acts had not
been so repealed;
588
1958.
Margarine.
No. 6301
(b) in particular and without affecting the generality of
the foregoing paragraph such repeal shall not
disturb the continuity of status operation or effect
of any regulation application licence statement
transfer fee permit notice return seizure detention
removal liability or right made issued granted given
paid imposed accrued incurred or acquired or
existing or continuing by or under either of such
repealed Acts before the commencement of this
Act.
Interpretation.
No. 4741 s. i.
" Butter fat."
" Cooking
margarine."
" Cooking
margarine
licence."
" Inspector."
' Licence."
' Licensed."
' Licensee."
" Manufacture."
" Margarine."
3. In this Act unless inconsistent with the context or
subject-matter—
" Butter fat" means the fat of cow's milk.
" Cooking margarine" means margarine which contains
beef fat or mutton fat or beef fat and mutton fat in
a quantity of not less than ninety per centum by
weight of the total quantity of fat and oil contained
in such margarine.
" Cooking margarine licence" means licence to
manufacture only cooking margarine.
" Inspector " means person appointed to be an inspector
for the purposes of this Act.
" Licence" means licence to manufacture margarine
granted under this Act and for the time being in force;
and " licensed " and " licensee " have corresponding
interpretations.
" Manufacture " includes prepare and process.
" Margarine" means any solid or semi-solid substance
which—
(a) is capable of being used as a substitute for
butter whether for cooking or for eating
purposes or for both cooking and eating
purposes; and
" Package."
" To pack."
" Place."
" Prescribed.'
(b) is manufactured wholly or mainly from one
or more fats or oils or a combination of
one or more fats and oils—
but does not include dripping or lard or any single
fat sold as such fat.
" Package" includes every means by which goods may
be cased covered enclosed contained or packed; and
" to pack " has a corresponding interpretation.
" Place " includes any building premises land vehicle or
boat.
" Prescribed" means prescribed by this Act or the
regulations.
1958.
Margarine.
No. 6301
" Regulations " means regulations made under this Act.
"Sell" includes barter, exchange, deal in, agree to sell,
offer or expose for sale, have in possession for sale,
send forward or deliver for or on sale, or authorize
direct cause suffer permit or attempt any of the
foregoing; and " sale" has a corresponding
interpretation.
" Table margarine " means margarine which is not cooking
margarine.
" Table margarine licence " means licence to manufacture
only table margarine.
589
" Regulations."
" Sell."
•Sale."
" Table
margarine."
" Table
margarine
licence."
Regulation of Manufacture and Sale of Margarine.
Unlicensed
4. (1) No person shall manufacture margarine—
persons not to
manufacture
(a) unless he holds a licence;
margarins.
(b) at any premises other than the premises specified in No. 4741 a. 4.
the licence; or
(c) in contravention of any condition of the licence.
(2) Any person who contravenes or fails to comply with Penalty.
any of the provisions of the last preceding sub-section shall be
guilty of an offence against this Act and shall be liable to a
penalty of One hundred pounds and in the case of a continuing
offence to an additional penalty of Twenty pounds for each day
on which the offence is continued after a conviction or order of
any court in relation to the offence.
5. (1) Every application for a licence shall be made to the Licences.
Minister in the prescribed form and shall be accompanied by a No.474is.s.
statement of the type of margarine which it is proposed to
manufacture and of such other particulars as are prescribed.
(2) The granting or transfer of a licence shall be in the sole
discretion of the Governor in Council.
(3) Notwithstanding anything in the last preceding sub-section,
where a licence is applied for by way of renewal of a prior
licence which has not been cancelled the applicant shall be
entitled to the grant of such a licence containing conditions similar
to those contained in the prior licence unless during the period
of the operation of the prior licence—
(a) the applicant has been convicted of an offence against
this Act; or
(b) the applicant has contravened or failed to comply
with any of the conditions of the prior licence.
(4) Subject to this Act every licence shall expire on the
thirtieth day of June next after it takes effect.
(5) Every licence shall be in the prescribed form.
590
1958.
Margarine.
No. 6301
(6) On application in the prescribed form a licence may at
any time during the currency thereof be transferred in the
prescribed manner so as to apply to any other person or premises
approved by the Governor in Council.
a a s s e s of
licences.
No. 4741 E. 6.
Limitation of
amount ot
table margarine to be
manufactured
No. 4741 s. 7.
Cancellation
of licences.
No. 4741 s. 8.
Powers of
Governor m
Council on
cancellation
of table
margarine
licences.
Manufacture
by cooking
margarine
licensees of
certain tyoe
of margarine
for sale to
prescribed
classes of
persons.
No. 4741 s. 9.
6. (1) A licence shall be either—
(a) a table margarine licence; or
(b) a cooking margarine licence.
(2) Both a table margarine licence and a cooking margarine
licence shall not be held in respect of the same premises.
(3) Before the grant of a licence there shall be paid to the
Minister by the applicant—
(a) in the case of a table margarine licence—a fee of
an amount equal to one penny for every one
hundred pounds of margarine permitted by the
licence to be manufactured during the currency
of the licence;
(b) in the case of a cooking margarine licence—a fee of
Ten pounds.
7. (1) The maximum amount of table margarine to be
manufactured in Victoria (otherwise than for export beyond the
Commonwealth of Australia) in any period of twelve months
ending on the thirtieth day of June shall be one thousand one
hundred and ninety-six tons.
(2) Every table margarine licence shall contain a condition
specifying the maximum amount of margarine which may be
manufactured by the licensee during the currency of the licence.
8. (1) The Governor in Council may cancel any licence
held by any person who is guilty of an offence against section
four or section nine of this Act.
(2) If a table margarine licence is so cancelled the Governor
in Council may subject to this Act—
(a) grant a new table margarine licence for the unexpired
term of the cancelled licence; or
(b) vary the conditions of the other current table
margarine licences by increasing proportionately
the respective maximum amounts specified therein.
9. (1) Notwithstanding anything in this Act or in any licence
any person who holds a cooking margarine licence may
manufacture for sale only to any prescribed person or class of
persons in lumps of not less than fourteen pounds margarine
which contains beef fat or mutton fat or beef fat and mutton
fat in a quantity of between seventy-five and ninety per centum
by weight of the total quantity of fat and oil contained in such
margarine.
1958.
Margarine.
No. 6301
591
(2) Any person who—
penalty.
(a) packs any such margarine so manufactured in lumps
of less than fourteen pounds; or
(b) sells any such margarine so manufactured—
(i) in lumps of less than fourteen pounds; or
(ii) otherwise than to any such prescribed person
or any person being a member of any
such prescribed class of persons—
shall be guilty of an offence against this Act and shall be liable
to a penalty of One hundred pounds and in the case of a continuing
offence to an additional penalty of Twenty pounds for each day
on which the offence is continued after a conviction or order of
any court in relation to the offence.
10. v(1) Notwithstandingo anything
in this Act or in any
Permits to
J
o
J manufaclure
,•„„„„
licence
margarino
(a) the Minister may grant to any person who holds a NO.<4,MI s. io.
licence a special permit authorizing such person to
manufacture for export beyond the Commonwealth
of Australia such quantity of table margarine for
such period as is specified in the permit; and
(b) such person may in accordance with the conditions of
such permit manufacture such margarine for
export.
(2) Every such special permit—
(a) shall contain such conditions as the Minister thinks
necessary to ensure that none of the margarine
manufactured thereunder shall be sold or distributed
for use within the Commonwealth of Australia
and such other conditions as are prescribed; and
(b) may be cancelled by the Minister upon breach of
any of the conditions thereof.
(3) Any person who contravenes or fails to comply with any penalty,
condition of any such special permit shall be guilty of an offence
against this Act.
11. (1) No person shall sell (otherwise than for export Packing and
beyond the Commonwealth of Australia) any table margarine llbfeUmsof
unless—
ITT™8' i,
No. 4741 8.11.
(a) such margarine is made up m cube form and in
lumps of one pound or of half a pound; and
(b) such margarine is packed in a package on which is
written or printed—
(i) the words " table margarine "; and
(ii) the name and address of the manufacturer
of the margarine.
592
1958.
Margarine.
No. 6301
(2) This section shall not apply to margarine manufactured
pursuant to the provisions of section nine of this Act.
Labelling of
cooking
margarine.
No. 4741 s. 12.
12. No person shall sell (otherwise than for export beyond
the Commonwealth of Australia) any cooking margarine or any
margarine manufactured pursuant to the provisions of section
nine of this Act unless such margarine is packed in a package
on which is written or printed—
(a) the name and address of the manufacturer of the
margarine; and
(b) (i) in the case of cooking margarine—the words
" cooking margarine for cooking purposes only ";
(ii) in the case of margarine manufactured pursuant to the
provisions of section nine of this Act—the words
" cooking margarine ".
Offences as to
manufacture
sale &c. of
margarine.
No. 4741 ». 13.
13. Every person who—
(a) uses butter in the manufacture of margarine;
(b) keeps any quantity of butter on any premises where
margarine is manufactured;
(c) manufactures or sells margarine which contains
butter fat; or
(d) sells margarine under any name other than that of
margarine—
shall be guilty of an offence against this Act.
14. (1) The occupier of every store shop stall in market
or other place where margarine is sold shall place and keep
placed in a conspicuous position on such store shop stall or other
place a sign conspicuously displaying the words " margarine
sold here ".
(2) The occupier of every hotel cafe" restaurant tea-room
or other place where margarine is supplied for consumption by
customers on the premises shall conspicuously display the word
"margarine" on every vessel containing any such margarine.
Notices to be
displayed in
shops &c.
where
margarine
sold.
No. 4741 s. 14.
Inspectors.
No. 4741 s. 15.
Power of
inspectors as
to entry,
inspection
and samples.
No. 4741 s. 16;
No. 5602 s. 2.
Administration.
15. The Governor in Council may appoint inspectors for
the purposes of this Act.
16. (1) An inspector may at any time—
(a) enter and search any place where margarine, or
any fat oil or other substance of any kind
commonly used in the manufacture of margarine,
is manufactured stored packed or sold or is
suspected by She inspector to be manufactured
stored packed or sold;
1958.
Margarine.
No. 6301
593
(b) inspect any such margarine fat oil or other
substance and any plant machinery apparatus
or utensil in or upon any such place; and
(c) without payment take samples of any such
margarine fat oil or other substance and for
such purpose open or cause to be opened any
package which contains or which the inspector
suspects to contain any such margarine fat oil or
other substance.
(2) When an inspector takes any such sample he shall— ?ak£,edSm°?e.
(A) divide the sample into three approximately equal
parts;
(b) place each such part in a separate package and
seal or fasten each such package;
(c) attach to each such package a label stating, so
far as known to him, the name of the occupier
of the place where the sample was taken;
(d) deliver one of the parts to the person in charge or
apparently in charge of such place;
(e) retain one of the parts for future comparison; and
(/) forward the other part to the Chief Chemist of the
Department of Agriculture or his deputy for
• analysis.
17. For the purposes of this Act any inspector may at inspection of
any reasonable time enter any place where he suspects that any a?°oums.d
accounts books or documents relating to margarine or to any N0.474is.17.
fat oil or other substance of any kind commonly used in the
manufacture of margarine are kept, and may inspect make copies
of and take extracts from any such accounts books or
documents.
18. (1) Every person who holds a table margarine licence Returns by
shall not later than the seventh day of each month furnish to margarine
the Minister in writing—
" ce ° s "'- ,.
b
No. 4741 8.18
(a) information as to the amount of margarine
manufactured or packed during the preceding
month at the premises specified in the licence; and
(6) such other information as is prescribed.
(2) The Minister may by notice in writing require any information
person to furnish to him in writing, to the best of the margarine to
knowledge and ability of such person, and within a time IsSien required,
specified in the notice, any information as to any margarine
or any fat oil or other substance of a kind commonly used
in the manufacture of margarine which is or has at any time
been in the possession custody or control of that person.
Margarine.
No. 6301
594
1958.
Penalty.
(3) Any person who—
(a) fails to comply in any particular with the
requirements of this section or of any notice
under this section; or
(b) furnishes under this section any information which
is false or misleading—
shall be guilty of an offence against this Act.
Information
as to nams
and address
of vendor of
margarine.
No. 4741 &. 1».
19. (1) Any inspector may at any time require the
purchaser of any margarine to state the name and address of
the vendor from whom he purchased such margarine.
(2) Any person who when so required—
(a) does not state the name and address of any such
vendor; or
(b) states a name or address which is false or
misleading—
shall be guilty of an offence against this Act.
Hindering
inspectors an
offence.
No. 4741 s. 20.
20. Any person who—
(a) prevents or attempts to prevent any inspector from
exercising any power conferred on him by or
under this Act; or
(6) hinders or obstructs any inspector in the exercise
of any such power—
shall be guilty of an offence against this Act.
Seizure &c. of
margarine
which does
not comply
with Act &c
No. 4741 a. 21.
21. (1) Any inspector may seize detain or remove any
margarine which he has reason to believe does not comply with
or has been manufactured or packed in contravention of this
Act or the regulations or in respect of which he has reason
to believe an offence against this Act or the regulations has
been committed.
Notice of
seizure &c
(2) Where any margarine is so seized detained or removed
by an inspector he shall forthwith—
(a) give notice of the seizure detention or removal to
any person apparently in charge thereof;
(b) if there is no person apparently in charge thereof—
give notice of the seizure detention or removal
to any person appearing to be the consignor or
owner thereof by any name and address attached
thereto or to any package containing the same
if such address is a place in Victoria, and
otherwise to the importer or consignee or his
agent.
1958.
Margarine.
N o . 6301
595
(3) Any person claiming any margarine so seized Complaints
detained or removed may within forty-eight hours after seizure &c.
such seizure detention or removal complain thereof to a
justice, and the complaint shall be heard and determined by any
two justices who (after hearing the evidence) may either
confirm wholly or in part or disallow the seizure detention or
removal and may make an order accordingly.
(4) If no such complaint is made, or if the seizure Disposal of
detention or removal is confirmed then to the extent of such Ki&L6
confirmation, the margarine seized detained or removed
shall become the property of the Crown and shall be destroyed
or otherwise disposed of.
( 5 ) N o inspector who has so seized detained or removed Protection oi
any margarine shall be liable for any costs expenses or inspectorsdamages on account of such seizure detention or removal
if he acted under a reasonable belief that such margarine did
not comply with or was manufactured or packed in contravention
of this Act or the regulations or that an offence against this Act
or the regulations h a d been committed in respect of such
margarine.
2 2 . ( 1 ) Every person who contravenes or fails to comply General
with any provision of this Act shall be guilty of an offence NcTwi s. 22.
against this Act.
( 2 ) Every person guilty of an offence against this Act
for which no penalty is elsewhere provided shall be liable to
a penalty of not more than One hundred pounds and in the case
of a continuing offence to an additional penalty of not more than
Twenty pounds for each day on which the offence is continued
after a conviction or order of any court in relation to the
offence.
Regulations.
2 3 . ( 1 ) T h e Governor in Council may make regulations Regulations,
for or with respect t o —
No. 4741 s. 23.
(a) the labelling of or the writing or printing of
particulars on packages of margarine;
(b) securing information as to sales stocks manufacture
packing and ingredients of margarine;
(c) the situation construction operation maintenance
and cleanliness of premises where margarine is
manufactured;
(d) the packing of margarine;
(e) the methods of analysis of any margarine for the
purposes of this Act;
596
Publication of
regulations.
1958.
Margarine.
No. 6301
(/) prescribing chemical and physical criteria for the
fatty portion of any type of margarine which may
constitute the basis of proof for the purposes of
this Act thafc any margarine is or is not of such
type;
(g) licences, applications for licences, the granting of
licences and transfers of licences;
(h) forms for the purposes of this Act (and all such
forms or forms to the like effect shall be sufficient
in law);
(/) penalties not exceeding Fifty pounds for the breach
of any regulation ; and
(/) prescribing any matter which by this Act is required
or permitted to be prescribed or which is necessary
or expedient to be prescribed to give effect to this
Act.
(2) All such regulations shall be published in the
Government Gazette and shall be laid before both Houses of
Parliament within fourteen days after the making thereof if
Parliament is then sitting and if Parliament is not then sitting
then within fourteen days after the next meeting of Parliament;
and a copy of all such regulations shall be posted to each
member of Parliament.
SCHEDULE.
Section 2.
Number of
Act.
Extent of Repeal.
Title of Act.
4741
Margarine
5602
Statute
Act
1940
Law Revision
Act
1951
So much as is not
already repealed.
Item in Schedule
referring
to
Margarine
Act
1940.