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. 162 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.
British Food Journal – Emerald Publishing
Published: May 1, 1977