Agricultural Marketing Act 1958

35 Powers of milk marketing boards to determine places, etc., where milk may be sold by registered producers

(1) The board administering any milk marketing scheme may from time to time determine the places or areas at, to or within which milk produced in the area to which the scheme applies, or any description or quantity of milk so produced, may be sold, or offered or consigned for sale, or delivered on sale, by any registered producer:

Provided that no determination shall be made under this subsection by any board except after consultation with such a committee as the Minister may have approved for the purpose as representing the interests of purchasers of milk by wholesale.

(2) If any registered producer deals with any milk in contravention of any determination made by the board under the foregoing subsection, then, subject to any provisions of the scheme which prescribe procedure in connection with the recovery of penalties, the disciplinary committee of the board shall impose on, and the board shall recover from, that producer such monetary penalty as the said committee think just, not exceeding one hundred pounds or such greater sum (if any) as may be specified in the scheme in relation to such a contravention as aforesaid.

(3) Any provision of a milk marketing scheme made in pursuance of subsection (4) of section nine of this Act shall apply to a contravention of a determination made by the board under subsection (1) of this section as it applies to a contravention of any provision of the scheme made in pursuance of any of the provisions of this Act which are specified in subsection (3) of the said section nine.

(4) Subsection (2) of this section, in so far is it requires the disciplinary committee of a board administering a milk marketing scheme to impose penalties on a registered producer and the board to recover penalties from such a producer, shall not be construed as preventing the disciplinary committee, if they find that a contravention of any determination made by the board under subsection (1) of this subsection has occurred, from postponing the imposition of a penalty for such period as may be specified in the scheme in relation to the contravention of any provision of the scheme made in pursuance of any of the provisions of this Act which are specified in subsection (3) of section nine thereof, but save as aforesaid nothing in this section shall be construed as derogating from the duty imposed by the said subsection (2) to impose and recover penalties.

(5) For the removal of doubt, it is hereby declared that any power of the board administering a milk marketing scheme to determine the price at, below or above which milk produced in the area to which the scheme applies, or any kind, grade or description of milk so produced, may be sold by any registered producer, includes power to determine, in relation to milk so produced or any kind, grade or description of milk so produced, as the case may be, different prices by reference to the different purposes for which it is sold or used.