Importation of Milk (Prohibition) Act 1997

Link to law: http://www.bermudalaws.bm/Laws/Annual%20Laws/1997/Acts/Importation%20of%20Milk%20%28Prohibition%29%20Act%201997.pdf

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Importation of Milk (Prohibition) Act 1997
IMPORTATION OF MILK (PROHIBITION) ACT 1997

1989 Revision 1

BERMUDA
1997 : 36

IMPORTATION OF MILK (PROHIBITION) ACT 1997

[Date of Assent 23 December 1997]

[Operative Date 8 May 1998]

ARRANGEMENT OF SECTIONS

1 Citation
2 Interpretation
3 Prohibition of importation

of certain dairy products

4 Penalty
5 Repeal and revocation
6 Commencement

WHEREAS it is expedient to prohibit the importation of milk
except in certain circumstances and to repeal the Importation of Eggs
and Dairy Products (Protection) Act 1964:

Be it enacted by The Queen's Most Excellent Majesty, by and
with the advice and consent of the Senate and the House of Assembly of
Bermuda, and by the authority of the same, as follows:

Citation
1 This Act may be cited as the Importation of Milk (Prohibition) Act
1997.

IMPORTATION OF MILK (PROHIBITION) ACT 1997

2 1989 Revision

Interpretation

2 In this Act—

"manufactured milk" means any product having the general
appearance of milk but which has been reformed by the
addition of liquids to milk solids and whether or not there is
added any other substance to the product;

"Minister" means the Minister responsible for Agriculture;

"pasteurized milk" means milk that has been pasteurized in
accordance with the procedure set out in the Regulations;

"raw milk" means the normal mammary secretion from the cow
which has not undergone any process of purification by heat
treatment;

"Regulations" means the Public Health (Milk and Dairy Farm)
Regulations 1952;

"ultra heat treated milk" means milk that has been ultra heat
treated in accordance with the procedure set out in the
Regulations;

"ultra-pasteurized milk" means milk that has been ultra
pasteurized in accordance with the procedure set out in the
Regulations to produce a product which has an extended
shelf life under refrigerated conditions.

Prohibition of importation of certain dairy products
3 (1) Subject to subsection (2), the importation into Bermuda of
any of the following dairy products is prohibited—

(a) raw milk;

(b) pasteurized milk;

(c) ultra-pasteurized milk;

(d) ultra heat treated milk;

(e) manufactured milk.

(2) The Minister, if he is satisfied that special circumstances
obtain warranting such action, may by order authorize the importation

IMPORTATION OF MILK (PROHIBITION) ACT 1997

1989 Revision 3

into Bermuda or a dairy product specified in subsection (1) subject to
such conditions as may be set out in the order.

(3) The prohibition in subsection (1) shall not apply to ultra
heat treated milk that is imported exclusively for future export in respect
of shipments which the importer satisfies the Minister, by documents or
otherwise, that the shipment is for export in bulk, wholesale quantities
only.

(4) An order under subsection (2) shall be published in the
Gazette and section 6 of the Statutory Instruments Act 1977 shall not
apply to such order.

Penalty
4 (1) On any consignment of milk imported into Bermuda in
contravention of the prohibition imposed by section 3, there shall be
levied a penalty equivalent to the cost, insurance and freight value of the
consignment in addition to any other import duty payable on such
consignment under the Customs Tariff Act 1970.

(2) Without prejudice to subsection (1), any such consignment
shall be confiscated and disposed of in such manner as the Minister may
direct.

Repeal and revocation
5 The Importation of Eggs and Dairy Products (Protection) Act
1964 is repealed and the Importation of Specified Dairy Products
(Temporary Prohibition) Order 1997 made thereunder is revoked.

Commencement
6 This Act comes into operation on such day as the Minister may
appoint by notice published in the Gazette.