Related documents
Dairy Industry Act, 1961
Act 30 of 1961
- Published in South African Government Gazette 6673 on 28 April 1961
- Assented to on 20 April 1961
- Commenced on 16 June 1972 by Dairy Industry Laws Amendment Act, 1972
- [This is the version of this document from 22 September 1997 and includes any amendments published up to 15 November 2024.]
- [Amended by Amendment of the Schedule to the Dairy Industry Act, 1961 (Proclamation R21 of 1961) on 7 July 1961]
- [Amended by Amendment of the Regulations set out in the Schedule to the Dairy Industry Act, 1961 (Proclamation R293 of 1964) on 6 November 1964]
- [Amended by Dairy Industry Amendment Act, 1965 (Act 34 of 1965) on 7 April 1965]
- [Amended by Marketing Amendment Act, 1969 (Act 52 of 1969) on 7 May 1969]
- [Amended by Dairy Industry Amendment Act, 1969 (Act 1 of 1969) on 1 July 1969]
- [Amended by Amendment of the Schedule to theDairy Industry Act, 1961 (Proclamation R158 of 1970) on 1 July 1970]
- [Amended by Dairy Industry Amendment Act, 1971 (Act 96 of 1971) on 16 July 1971]
- [Amended by Amendment of the Schedule to the Dairy Industry Act, 1961 (Proclamation R194 of 1971) on 30 September 1971]
- [Amended by Dairy Industry Laws Amendment Act, 1972 (Act 32 of 1972) on 16 June 1972]
- [Amended by Dairy Industry Amendment Act, 1976 (Act 7 of 1976) on 1 July 1976]
- [Amended by Importation of Margarine Amendment Proclamation, 1978 (Proclamation AG32 of 1978) on 24 May 1978]
- [Amended by Dairy Industry Amendment Act, 1997 (Act 6 of 1997) on 22 September 1997]
* “Republic” for “Union”; and
* “State President” for “Governor-General”.]
1. Definitions
In this Act, unless the context otherwise indicates -“board”, in relation to the manufacture of margarine in the territory, means the Dairy Industry Control Board established by the Dairy Industry Control Ordinance, 1962 (Ordinance No. 29 of 1962), of the territory, and, in relation to any other matter, means the Dairy Board established by Proclamation No. R.25 of 1972;[The definition of “board” is substituted by Act 32 of 1972.][The Dairy Industry Control Ordinance 29 of 1962 was repealed by the Dairy Industry Control Ordinance Repeal Act 21 of 1982 (OG 4731). RSA Proc. R.25 of 1972 (RSA GG 3384) is a “Scheme for regulating the marketing of dairy products” issued in terms of the Marketing Act 59 of 1968; this Act applied to South West Africa and is still in force in Namibia.]“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;“butterfat” 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 thereto;“casein factory” means any premises used for the manufacture or processing of casein but does not include premises on which the owner thereof manufactures casein from skim milk derived solely from his own cows, or where the owner thereof processes casein for his own use;“cheese” means the product obtained by the draining of coagulated milk, cream, skim milk or a mixture of two or more of the said products, but does not include soft cheese normally consumed in a fresh state;”;[definition of “cheese” substituted by Act 34 of 1965]“cheese factory” means any premises used for the manufacture of cheese but shall not include a farm cheese factory;“cheese spread” means the product obtained by melting and emulsifying into a homogeneous plastic mass quantities of one or more varieties of cheese with or without the addition of spices, herbs, food products, emulsifying agents, flavouring substances or a permitted preservative;[definition of “cheese spread” inserted by Act 34 of 1965]“condensed milk factory” means any premises used for the manufacture of condensed milk;“cream depot” means any premises used for the collection and grading or testing of cream intended for dispatch to a creamery which is registered or required to be registered;“creamery” means any premises used for the manufacture of butter, but does not include such premises if the owner thereof, other than a co-operative society or company registered under the Co-operative Societies Act, 1939 (Act No. 29 of 1939), a company registered under any law providing for the registration of companies, or a partnership or other association of two or more persons, uses cream derived solely from his own cows for such manufacture;[The definition of “creamery” is substituted by Act 34 of 1965. Co-operatives in South West Africa were governed by the Co-operative Societies Ordinance 15 of 1946, which has been replaced by the Co-operatives Act 23 of 1996.]“creamery butter” means butter manufactured in a creamery;“dairy produce” means milk, sterilised milk, condensed milk, milk powder, skim milk, skim milk powder, casein, cream, butterfat, buttermilk powder, butter, cheese, process cheese, cheese spread, and includes margarine and all substitutes for butter made from vegetable or animal fats, or from a combination of vegetable and animal fats;[definition of “dairy produce” substituted by Act 34 of 1965]“department” means the Department of Agricultural Economics and Marketing;“farm butter” means any butter made elsewhere than in a creamery;“farm cheese” means cheese manufactured in a farm cheese factory;“farm cheese factory” means any premises on which the owner thereof manufactures farm cheese from milk derived solely from his own cows: Provided that not more than seventy-five gallons of milk are used on any one day for the purposes of such manufacture;“grade”, when used as a verb, means the classification of dairy produce according to quality, and “grading” and “graded” shall have corresponding meanings, and when used as a noun, “grade” means the quality class of any dairy produce;“inspector” means a person appointed as inspector under section ten;“margarine” means any substance in imitation or form of butter, whether described as margarine or by any other name or designation, whereof the consistency is substantially similar to that of butter and which has been manufactured mainly from any one or more vegetable or animal fats or oils, but does not include any single fat sold as such fat;[definition of “margarine” substituted by Act 34 of 1965]“margarine factory” means any premises used for the manufacture of margarine;“milk” means milk from a cow;“milk depot” means any premises used for the collection and sampling of milk intended for dispatch to premises which are registered or required to be registered;“milk powder” means the powder obtained by the removal of water from milk or partially-skimmed milk and includes full-cream dried milk, full-cream milk powder, half-cream dried milk, and half-cream milk powder;“milk powder factory” means any premises used for the manufacture of milk powder;“Minister” means the Minister of Agricultural Economics and Marketing;“owner” includes a part owner or co-owner and the owner’s agent or representative and, in relation to any premises registered or required to be registered, or in relation to a farm cheese factory, the occupier thereof or the person having the control or management thereof;“package” means anything in which dairy produce is contained or enclosed;“prescribed” means prescribed by regulation;[definitions of “process butter” and “process butter factory” deleted by Act 34 of 1965]“process cheese” means the same as cheese spread;[definition of “process cheese” substituted by Act 34 of 1965]“process cheese factory” means any premises used for the manufacture of process cheese or cheese spread;[definition of “process cheese factory” substituted by Act 34 of 1965]“registered” means registered under this Act and “registration” shall have a corresponding meaning;“regulation” means a regulation made in terms of section twenty-nine or in force in terms of section thirty-five and includes a regulation contained in the Schedule;“Republic”, in relation to margarine, includes the territory;[definition of “Republic” inserted by Act 32 of 1972]“scheme” means the Dairy Products Marketing Scheme promulgated by Proclamation No. 183 of 1954 under the provisions of the Marketing Act, 1937 (Act No. 26 of 1937);[The Marketing Act 26 of 1937 was repealed by the RSA Marketing Act 59 of 1968, which was made applicable to South West Africa.]“Secretary” means the Secretary for Agricultural Economics and Marketing;[definition of “Secretary” inserted by Act 7 of 1976]“sell” includes to offer, advertise, keep, expose, transmit, convey, deliver or prepare for sale and an exchange or any disposal for any consideration whatever;“skim milk powder” means the powder obtained by the removal of water from skimmed or separated milk and includes non-fat dry milk, dried skim milk, defatted dried milk and defatted milk powder;“skim milk powder factory” means any premises used for the manufacture of skim milk powder;“sterilised milk” means milk which has been subjected to heat treatment whereby such milk is rendered free from viable micro-organisms;“sterilised milk plant” means any premises used for the production of sterilised milk;“territory” means the territory of South-West Africa, including the Eastern Caprivi Zipfel;[definition of “territory” inserted by Act 32 of 1972]“this Act” includes the regulations.[The full stop after the definition of “this Act” should be a semicolon now that it is no longer the last definition in the list.]“white margarine” means margarine other than yellow margarine;[definition of “white margarine” inserted by Act 96 of 1971]“yellow margarine” means margarine whereof the colour, measured in terms of the Lovibond tintometer scale, contains more than one degree of yellow, or of yellow and red collectively.[definition of “yellow margarine” inserted by Act 96 of 1971]2. Application of Act
3. Use of certain premises prohibited unless registered
No person shall use any premises -4. Registration
by the Labour Act 11 of 2007.]
5. Renewal of certificate of registration
6. Certain premises may not be registered
7. Registration numbers
8. Cancellation of registration of a margarine factory
The Minister may at his discretion cancel the registration of any premises as a margarine factory -9. Farm cheese factory
No premises shall be used as a farm cheese factory unless 10. Appointment of analysts, bacteriological experts and inspectors
11. Powers of inspectors, analysts and bacteriological experts
12. Incorrect statement on dairy produce
No person shall knowingly 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 produced, processed or manufactured or any information or representation which is misleading in any way whatsoever.13. Prohibition of sale of dairy produce falsely marked
14. Prohibition of the manufacture of margarine except under a permit
15. Prohibition of manufacture, sale and importation of margarine
16. Prohibition on sale of certain dairy produce in certain circumstances
17. Manner of sampling, weighing and testing of milk purchased on butterfat basis
Whenever the owner of premises which are registered -18. Certificates of proficiency in the testing and grading of milk or cream and in buttermaking and cheesemaking
19. Cancellation of certificates of proficiency
20. Testing and marking of certain equipment
21. Keeping of records
22. Use of letters smaller than the size prescribed
Notwithstanding anything in this Act contained, words required to be composed of letters of a particular size, may be composed of proportionately smaller letters when the package whereon they appear, is so small as to prevent the use of letters of the prescribed size.23. Offences and penalties
Any person who -24. Penalties when not otherwise provided
Any person guilty of an offence against, or a contravention of, this Act, or of any default in complying with any provision thereof with which it is his duty to comply, shall, if no penalty is expressly provided for the offence, contravention or default, be liable on conviction to a fine not exceeding twenty rand.25. Recovery of costs from person convicted
When any person is convicted of an offence against, or a contravention of, or default in complying with, any provision of this Act, the following costs shall be recoverable from him in addition to any penalty imposed:26. Procedure for carrying out of order of inspector and recovery of costs and expenses thereof
27. Certificate of examination admissible in evidence
28. Amendment of Schedule
29. Regulations
30. Minister may delegate powers
The Minister may delegate to the Secretary or to any other senior officer of the department any of the powers conferred upon him by this Act.31. ***
[section 31 deleted by Act 52 of 1969]32. ***
[section 32 deleted by Act 52 of 1969]33. ***
[section 33 deleted by Act 52 of 1969]34. Repeal of Act 63 of 1957
The Dairy Industry Act, 1957, is hereby repealed.35. Savings
Any proclamation, regulation, notice, order, prohibition, authority or document issued, made, promulgated, given, granted or imposed and any other action taken under any provision of a law repealed by this Act shall, if not inconsistent with the provisions of this Act, be deemed to have been issued, made, promulgated, given, granted, imposed or taken under the corresponding provisions of this Act.35A. Application of Act to South West Africa
This Act, and any amendment thereof which may be made from time to time, in so far as it relates to margarine or to a margarine factory, shall apply also in the territory.[section 35A inserted by Act 32 of 1972]36. Short title and date of commencement
This Act shall be called the Dairy Industry Act, 1961, and shall come into operation upon a date to be fixed by the State President by proclamation in the Gazette.History of this document
22 September 1997 this version
Amended by
Dairy Industry Amendment Act, 1997
24 May 1978
01 July 1976
Amended by
Dairy Industry Amendment Act, 1976
16 June 1972
Amended by
Dairy Industry Laws Amendment Act, 1972
30 September 1971
16 July 1971
Amended by
Dairy Industry Amendment Act, 1971
01 July 1970
01 July 1969
Amended by
Dairy Industry Amendment Act, 1969
07 May 1969
Amended by
Marketing Amendment Act, 1969
07 April 1965
Amended by
Dairy Industry Amendment Act, 1965
06 November 1964
07 July 1961
28 April 1961
20 April 1961
Assented to
Documents citing this one 4
Act 1
1. | Marketing Act, 1968 | 7 citations |
Gazette 1
1. | Namibia Government Gazette dated 1997-09-22 number 1685 |
Judgment 1
1. | Minister of Trade and Industry and Others v Matador Enterprises (Pty) Ltd and Others (SA 44 of 2014) [2020] NASC 2 (19 March 2020) |
Proclamation 1
1. | Executive Powers (Agricultural Economics and Marketing) Transfer Proclamation, 1977 |