Dairy Act [Chapter 18:08]

CHAPTER 18:08
DAIRY ACT
Acts 28/1937, 29/1952, 14/1962 (s. 2), 61/1966 (s. 72), 12/1973 (s. 270), 29/1976, 17/1977, 37/1977 (s. 8),
10/1997 (s. 31) 22/2001 (s. 4); R.G.N.s 637/1963, 214/1964, 217/1970, 378/1972.
ARRANGEMENT OF SECTIONS
PART I
PRELIMINARY
Section
1. Short title.
2. Interpretation.
PART II
CREAM DEPOTS, CREAMERIES AND FACTORIES
3. Registration of premises.
4. Grounds for refusal to issue certificate.
5. Grounds for refusal to renew certificate.
6. Appeals.
7. Registration number to be branded on all dairy produce.
8. Certificates of proficiency in butter or cheese making.
9. Grading and testing of cream in creameries.
10. Testing of milk in factories.
11. Certificates of proficiency in grading or testing cream or milk.
12. Particulars to be furnished to Chief Dairy Officer.
PART III
SALE OF DAIRY PRODUCE
13. Incorrect statements on dairy produce prohibited.
14. Cases in which “grade” may be used.
15. False marks on produce not made in registered factory.
16. Packing of imported dairy produce.
17. Butter to be sold in packages.
18. Imported butter.
19. Creamery butter.
20. Farm butter.
21. Creamery butter and imported butter to be graded officially before sale.
22. Grading of hard-pressed cheese.
23. Powers of dairy officers for grading and testing.
24. Regrading of creamery or imported butter in cases.
25. Regrading of creamery or imported butter not packed in cases.
26. Regrading of cheese.
PART IV
REGISTRATION OFDAIRIES, ICE CREAM FACTORIES AND MILK DEPOTS
27. Dairies, depots and ice-cream factories to be registered.
28. Method of registration and inspection of premises.
PART V
REGULATIONS
29. Regulations.
30. Application of regulations.
31. Regulations may prescribe penalties.
PART VI
ADMINISTRATION
32. Dairy officers.
33. Inspectors.
34. Limitations on appointment of inspectors and dairy officers.
35. Powers of entry and inspection.
36. Appointment of pathologists, bacteriologists and analysts and admissibility in evidence of their certificates.
37. Co-operation between local authorities and the Secretary of the Ministry responsible for health and between
inspectors of different areas.
PART VII
OFFENCES AND PENALTIES
38. Offences in respect of unregistered premises, registration numbers and registered marks.
39. Offence of obstructing or failing to carry out orders of inspector.
40. Obliterating or counterfeiting marks.
41. Offences by employees.
42. Penalty where not otherwise provided.
PART VIII
GENERAL
43. Burden of proof as to knowledge of infection.
44. Presumptions relating to dairy produce.
45. Defect in form not to invalidate notice or order.
46. Service of notice.
47. Provisions of this Act in relation to other laws.
SCHEDULE
Matters in respect of which Minister may make regulations
AN ACT to consolidate and amend the laws relating to the regulation and control of the dairy industry;
to ensure that dairy produce is pure, wholesome and unadulterated; and to provide for matters
incidental to the foregoing.
[Date of commencement: 1st January, 1938.]
PART I
PRELIMINARY
1 Short title
This Act may be cited as the Dairy Act [Chapter 18:08].
2 Interpretation
(1) In this Act—
“area of a local authority” means the area of the local authority concerned in terms of the Urban Councils Act
[Chapter 29:15] or the Rural District Councils Act [Chapter 29:13] as the case may be;
[Definition amended by section 31 of Act 10 of 1997]
“brand”, in relation to any article, when used as a verb, means the placing on such article of any mark, representation,
designation or description and, when used as a noun, means any mark, representation, designation
or description appearing upon or used in connection with any dairy produce;
“butter” means the food product commonly known as butter which is derived from milk;
“butter fat” or “milk fat” means the pure fat of milk;
“casein” means the protein material precipitated in skim milk by means of—
(a) acid, either added to such milk or formed therein by souring; or
(b) the addition of rennet or any other suitable enzyme;
“cheese” means the substance usually known as cheese, containing no fat derived otherwise than from milk;
“cheese factory” means, subject to subsection (2), any premises used for the manufacture of cheese;
“Chief Dairy Officer” means the Chief Dairy Officer appointed in terms of section thirty-two;
“condensed milk” means—
(a) milk which has been concentrated by evaporation of a portion of its water content; or
(b) a product similar to that referred to in paragraph (a) made by the reconstitution of milk powder
with water and additionally, or alternatively, milk;
with or without the addition of sugar;
“cream” means that portion of milk rich in milk fat which has been separated from milk;
“cream depot” means, subject to subsection (2), any place or premises where milk or cream is collected or
deposited for the purpose of weighing, sampling, grading or treatment pending consignment to a creamery;
“creamery” means, subject to subsection (2), any premises used for the manufacture of butter;
“creamery butter” means butter manufactured in a registered creamery;
“cultured milk” means milk which—
(a) has been fermented by the addition of micro-organisms; and
(b) may contain other harmless foods or harmless—
(i) flavours; or
(ii) colouring matter; or
(iii) stabilizing agents;
or any two or more of the foregoing;
“dairy factory” means any premises used for the manufacture of dairy produce, but does not include a cheese
factory, condensed milk factory, cream depot, creamery, dried milk factory, ice-cream factory or processed
cheese factory;
“dairy officer” means any person appointed as a dairy officer in terms of section thirty-two;
“dairy premises” means any premises occupied and used for the production, storage, supply, sale or treatment
of dairy produce but does not include premises—
(a) where, in the course of a business, food is prepared and supplied for immediate consumption on
the premises; or
(b) used as a club, garage, shop or place of amusement or entertainment;
“dairy produce” means artificial cream, artificial ice-cream, butter, butter-oil, casein, cheese, cheese spread,
condensed milk, cream, dried milk, frozen dairy confection, ghee, ice-cream, low butterfat ice-cream,
low fat cheese spread, malted milk, milk, milk-ice, processed cheese, recombined cream or whey and includes
any other product which—
(a) contains milk or a constituent of milk; and
(b) is declared in terms of subsection (5) to be dairy produce;
“dairy vessel” means any receptacle, vessel, utensil, measure or apparatus or any other thing whatsoever
which is used for the collection, keeping, storage, preparation, conveyance, measuring, delivery or distribution
of dairy produce, and includes any lid, cover, stopper or other loose part likely or liable to come
in contact with any such receptacle, vessel, utensil, measure, apparatus or other thing in use as aforesaid;
“dried milk” means the dry substance produced by the desiccation of milk;
“dried milk factory” means any premises used for the manufacture of dried milk;
“farm butter” means any butter made elsewhere than in a registered creamery;
“farm butter dairy” means any place other than a registered creamery where butter is made for sale;
“farm cheese dairy” means any place other than a registered cheese factory where cheese is made for sale;
“farm dairy” means dairy premises—
(a) which are situated on an agricultural holding, farm or plot; and
(b) in which milk or cream is produced for the purpose of sale;
“grade”, when used as a verb, means to classify dairy produce according to quality and, when used as a noun,
means the class, according to quality, of any dairy produce;
“ice-cream factory” means any premises used for the manufacture of artificial ice-cream, frozen dairy confection,
ice-cream, low butterfat ice-cream or milk-ice for sale but does not include premises—
(a) where, in the course of a business, food is prepared and supplied for immediate consumption on
the premises; or
(b) used as clubs, schools, shops or places of amusement or entertainment;
“inspector” means a person who is an inspector by virtue of the provisions of section thirty-three;
“local authority” means—
(a) any municipal council or town council;
(b) any local board or rural district council that is declared by the Minister, by notice in the Gazette,
to be a local authority for the purposes of this Act;
[Definition amended by section 31 of Act 10 of 1997]
“milk” means every form, kind or variety of milk, whether derived from an ass, cow, ewe, goat, mare or any
other female mammal, other than a human being, and includes—
(a) buttermilk, cultured milk, filled milk, recombined milk, skim milk or standardized milk; and
(b) any form, kind or variety of milk declared in terms of subsection (5) to be milk;
“milk dairy” means premises used for receiving, processing, packaging, storing and distributing milk for
sale;
“milk depot” means premises used solely for the storage and distribution of milk and dairy products—
(a) received in sealed containers; and
(b) distributed from such premises in the sealed containers in which they were received;
“Minister” means the Minister of Agriculture or any other Minister to whom the President may, from time to
time, assign the administration of this Act;
“Ministry” means the Ministry for which the Minister is responsible;
“package” means anything in which a single unit of dairy produce is contained or enclosed;
“Part II registration certificate” means a Part II registration certificate issued in terms of subsection (2) of
section three;
“Part IV registration certificate” means a Part IV registration certificate issued in terms of section thirty;
“processed cheese” or “cheese spread” means the product obtained by the comminuting, mixing or blending,
and the subjecting to treatment by heat, of one or more quantities of cheese of the same or different
grades, varieties or makes, with or without the addition of other harmless foods or harmless—
(a) colouring matter; or
(b) emulsifying agents; or
(c) flavours; or
(d) preservatives;
or of any two or more of the foregoing;
“processed cheese factory” means any premises used for the manufacture of processed cheese or cheese
spread;
“registration certificate” means a Part II registration certificate or a Part IV registration certificate;
“sell” includes to offer, advertise, keep, expose, transmit, convey, deliver or prepare for sale and to exchange
or dispose of for any consideration whatever.
(2) For the purposes of this Act, no premises shall be regarded as a creamery, cream depot or cheese factory
unless the owner or occupier thereof uses thereat milk or cream supplied by or procured or purchased from another
person, or unless the owner or occupier thereof is a co-operative society, co-operative company or a company
registered under any law governing the registration of companies, or a syndicate, partnership or other
association of three or more persons.
(3) The mass or quantity of any green cheese required for the purpose of any provision of this Act shall be
determined—
(a) in the case of pressed cheese, by measuring its mass as soon as possible after its removal from the press;
and
(b) in the case of any other cheese, by measuring its mass before its removal to a ripening room.
(4) Every sale of dairy produce to a consumer of the article sold shall be deemed to be a retail sale and every
other sale shall be deemed to be wholesale.
(5) The Minister may, by statutory instrument, declare—
(a) any produce containing milk or a constituent of milk, other than a product already referred to by name in
the definition of “dairy produce” in subsection (1), to be dairy produce;
(b) any form, kind or variety of milk, other than a form, kind or variety of milk already referred to by name
in the definition of “milk” in subsection (1), to be milk;
for the purposes of this Act.
PART II
CREAM DEPOTS, CREAMERIES AND FACTORIES
3 Registration of premises
(1) No person shall use any premises as—
(a) a cream depot; or
(b) a creamery; or
(c) a cheese factory; or
(d) a processed cheese factory; or
(e) a condensed milk factory; or
(f) a dried milk factory;
(g) a dairy factory;
unless he holds a Part II registration certificate authorizing him to use such premises for such purpose.
(2) A Part II registration certificate shall be issued by the Chief Dairy Officer and shall expire on the 31st
December next following the date of issue but may, on the application of the holder, be renewed by the Chief
Dairy Officer from year to year:
Provided that, if the holder of a Part II registration certificate has applied before the 31st December for the renewal
of the Part II registration certificate, it shall remain in full force and effect until he has been notified by the
Chief Dairy Officer that his application has been granted or refused.
(3) The Chief Dairy Officer may, on the issue or renewal of a Part II registration certificate, impose such
conditions as he may think fit.
(4) Application for the issue of a Part II registration certificate shall be made to the Chief Dairy Officer and
the applicant shall furnish such information relevant to his application as the Chief Dairy Officer may require.
4 Grounds for refusal to issue certificate
The Chief Dairy Officer may refuse to issue a Part II registration certificate on any of the following
grounds—
(a) that in the opinion of the Chief Dairy Officer the issue of the Part II registration certificate would not be
in the interests of the dairy industry of Zimbabwe;
(b) that the premises concerned do not comply with the requirements prescribed in respect of the class of
premises for which the Part II registration certificate is required;
(c) that, subject to subsection (2) of section 24 of the Regional, Town and Country Planning Act [Chapter
29:12], the activity to be carried on in, or the siting of, the premises concerned would be in contravention
of any approved scheme, operative regional plan, operative master plan or operative local plan as
defined in that Act;
(d) in the case of premises within the area of a local authority, that the premises concerned do not comply
with the building by-laws of the local authority;
(e) that the applicant has during the period of twelve months immediately preceding the date of his application
been convicted under this Act for three or more separate offences committed in or in connection
with the premises for which the Part II registration certificate is required or in connection with any business
carried on in such premises.
5 Grounds for refusal to renew certificate
The Chief Dairy Officer may refuse to renew any previously issued Part II registration certificate on any of
the following grounds—
(a) that the premises to which the Part II registration certificate relates are no longer being used for the
purpose for which the Part II registration certificate was originally issued;
(b) that the premises concerned do not comply with the requirements prescribed in respect of the class of
premises for which such renewal is required;
(c) that the applicant has during the period of twelve months immediately preceding the date of his application
been convicted under this Act for three or more separate offences committed in or in connection
with the premises for which the Part II registration certificate is required or in connection with any business
carried on in such premises.
6 Appeals
A person whose application for the issue or renewal of a Part II registration certificate has been refused or
granted subject to conditions may appeal against such refusal or conditions, as the case may be, to the Minister,
whose decision shall be final.
7 Registration number to be branded on all dairy produce
(1) Every Part II registration certificate shall specify a registration number relating to the premises, the use
whereof is authorized by such Part II registration certificate, and upon the issue of such Part II registration certificate
such premises shall be deemed to be registered under this Act.
(2) A person to whom a Part II registration certificate has been issued shall—
(a) have the exclusive right to use the registration number specified therein for the purpose of designating;
and
(b) brand in the prescribed manner the registration number referred to in paragraph (a) on all packages
containing;
dairy produce manufactured by him at the premises to which the Part II registration certificate relates.
8 Certificates of proficiency in butter or cheese making
(1) No holder of a Part II registration certificate for a creamery or a cheese factory shall allow butter or
cheese to be made on his registered premises unless there is working on such premises when such butter or cheese
is made at least one person who holds a valid certificate of proficiency in butter making or cheese making, as the
case may be, issued in terms of subsection (2).
(2) The Chief Dairy Officer shall, at the request of any person, cause him to be examined at such time and
place as the Chief Dairy Officer may determine by at least two dairy officers jointly as to his knowledge of butter
making or cheese making, and if at such examination he satisfies those dairy officers that he has a sufficient
theoretical and practical knowledge of butter making or cheese making, as the case may be, the Chief Dairy
Officer shall issue to him a certificate of proficiency in butter making or cheese making, as the case may be,
which shall be valid for a period of three years as from the date of its issue.
9 Grading and testing of cream in creameries
(1) Any person who has purchased any cream for the purpose of converting it into butter in a creamery shall,
within three working hours after delivery of such cream to him, grade it or cause it to be graded in accordance
with regulations into one or other of four classes, to be described as first grade, second grade, third grade and
below grade, respectively.
(2) Any person purchasing cream for the purpose of converting it into butter in a creamery shall take or cause
to be taken a sample therefrom and test it or cause it to be tested as to its butter fat content in the prescribed
manner.
(3) The quantity of any cream subjected to any test in terms of subsection (2) shall be determined by mass
and not by volume.
(4) All cream below grade delivered at any creamery or cream depot shall be dealt with in the prescribed
manner.
10 Testing of milk in factories
Whenever the owner of a cheese factory, condensed milk factory or dried milk factory has purchased milk for
use therein, on the basis of its butter fat content, he shall sample, measure the mass of and test such milk in the
prescribed manner.
11 Certificates of proficiency in grading or testing cream or milk
(1) Subject to subsection (2), no person shall grade or test any cream or test any milk as to the butter fat content
for the purposes of section nine or ten unless he holds a valid certificate of proficiency for such grading or
testing issued to him in terms of subsection (4).
(2) A dairy officer may give temporary permission to grade or test cream or to test milk to any person who—
(a) has not yet obtained a certificate of proficiency referred to in subsection (1); but
(b) is, in the opinion of the dairy officer, capable of such grading or testing:
Provided that such permission shall not extend beyond the first opportunity for examining such person in
terms of subsection (3).
(3) The Chief Dairy Officer shall, at the request of any person, cause him to be examined by one or two dairy
officers as to his knowledge of grading or testing cream or of testing milk at such time and place as the Chief
Dairy Officer may decide.
(4) If, on an examination referred to in subsection (32), the person examined satisfies the dairy officer or
dairy officers concerned that he has a sufficient knowledge of grading or testing cream or of testing milk, the
Chief Dairy Officer shall issue to him a certificate of proficiency which shall be valid for a period of three years:
Provided that the Chief Dairy Officer may cancel any such certificate at any time before the expiry of such
period if he is satisfied, after such inquiry as he may think necessary, that the holder of such certificate—
(a) has not, during the period of twelve months immediately preceding such cancellation, been engaged in
the grading or testing to which such certificate refers; or
(b) has become incompetent to perform, or is negligent or unreliable in, the grading or testing referred to in
paragraph (a); or
(c) is, otherwise than in the respect described in paragraph (a) or (b), not a fit and proper person to hold
such certificate.
12 Particulars to be furnished to Chief Dairy Officer
The owner of a creamery in which butter is manufactured from cream purchased on the basis of its butterfat
content shall, within a period of three months after the end of each financial year of such creamery, prepare and
submit to the Chief Dairy Officer a statement showing the mass, to the nearest ten grams, of butter made from
each kilogram of butterfat used in the manufacture of butter in such creamery during the period of twelve months
immediately preceding the end of such financial year.
PART III
SALE OF DAIRY PRODUCE
13 Incorrect statements on dairy produce prohibited
No person shall place upon any dairy produce or upon any package containing dairy produce any incorrect information
as to the grade or quality of such produce or the place where, the time when or the person by whom it
was made or any information or representation which is misleading in any way whatsoever.
14 Cases in which “grade” may be used
No person shall use the word “grade” in connection with any dairy produce other than the following—
(a) dairy produce which has been graded and branded according to grade by a dairy officer;
(b) butter and cheese which bears the word in compliance with the requirements of this Act;
(c) milk or cream received at or in transit to a cream depot, creamery or factory, which has been graded