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58 1924

DAIRY PRODUCE ACT, 1924

PART III.

REGISTRATION OF PREMISES.

Registers to be kept by Minister.

14. —(1) The Minister shall cause to be kept—

(a) a register (to be called and known as the register of creameries) of premises in Saorstát Eireann in which a creamery business is carried on, and

(b) a register (to be called and known as the register of cream-separating stations) of premises in Saorstát Eireann in which a cream-separating business is carried on, and

(c) a register (to be called and known as the register of manufacturing exporters) of all premises in Saorstát Eireann not registered in the register of creameries, in which the business of manufacturing butter for export, but not a butter factory business, is carried on, and

(d) a register (to be called and known as the register of butter factories) of premises in Saorstát Eireann in which a butter factory business is carried on, and

(e) a register (to be called and known as the register of non-manufacturing exporters) of all premises in Saorstát Eireann in which butter is examined and classified for export but is not manufactured, blended, re-worked, or otherwise subjected to any treatment or process.

(2) There shall be entered in the said registers in respect of all premises registered therein respectively the following particulars, that is to say:—

(a) the full name and description of the person (in this Act referred to as the registered proprietor) carrying on in such premises the business in respect of which the same are registered, and

(b) a description of the situation of the premises sufficient to identify the same and the limits and extent thereof.

(3) In any case in which a cream-separating business is carried on in any premises on which a creamery business is carried on, such premises shall, subject to the provisions of this Act and of any regulations made thereunder in relation to the registration of premises in the register of creameries, be capable of being registered in the register of creameries, and where such registration takes place such premises or any portion thereof shall not be required to be registered in the register of cream-separating stations.

(4) No premises which are, or are required to be, registered under the Sale of Food and Drugs Acts, 1875 to 1907, or which communicate with any such premises otherwise than by a public street or road, shall be capable of being registered in the register of creameries or the register of cream-separating stations or the register of manufacturing exporters or (except in the case of premises registered or required to be registered solely by virtue of sub-section (4) of section 7 of the Sale of Food and Drugs Act, 1899) the register of non-manufacturing exporters.

(5) No premises which are themselves used for or which form part of or communicate (otherwise than by a public road or street) with any premises used for the manufacture of or wholesale or retail dealing (otherwise than under a licence granted under this Act) in margarine, margarine cheese, milk-blended butter, or any class of butter except creamery butter shall be capable of being registered in the register of creameries or the register of cream-separating stations.

(6) No premises which are themselves used for or which form part of or communicate (otherwise than by a public road or street) with any premises used for the manufacture of or the wholesale or retail dealing (otherwise than under a licence granted under this Act) in margarine, margarine cheese, milk-blended butter, or any class of blended, re-worked, or renovated butter shall be capable of being registered in the register of manufacturing exporters.

Conditions of registration.

15. —(1) The Minister shall, before registering any premises in the register of creameries, or the register of cream-separating stations, or the register of manufacturing exporters, or the register of butter factories, be satisfied that the conditions of cleanliness and order are complied with by such premises and that such premises comply with such other conditions for the registration of such premises as are specified in this Act or in any regulations made thereunder.

(2) Before registering any premises in the register of creameries the Minister shall be satisfied—

(a) that such premises are equipped with efficient plant and machinery of the description specified in the First Schedule to this Act, with such additions and variations (if any) as may be prescribed or as may in any particular case be required or approved of by the Minister, and

(b) that such premises are provided with an adequate supply of good and wholesome water, and

(c) if any regulation under this Act is for the time being in force requiring premises registered in the register of creameries to be equipped with plant for pasteurising milk or cream or both milk and cream, that the premises are duly equipped with such pasteurising plant as is required by such regulation, and

(d) that the creamery business carried on thereon is such that in the ordinary course of such business the quantity of butter produced on each day on which the business is so carried on exceeds fifty-six pounds in weight.

(3) Before registering any premises in the register of cream-separating stations the Minister shall be satisfied—

(a) that such premises are equipped with efficient plant and machinery of the description specified in the First Schedule to this Act, with such additions and variations (if any) as may be prescribed or as may in any particular case be required or approved of by the Minister, and

(b) that such premises are provided with an adequate supply of good and wholesome water, and

(c) if any regulation under this Act is for the time being in force requiring premises registered in the register of cream-separating stations to be equipped with plant for pasteurising milk or cream or both milk and cream, that the premises are duly equipped with such pasteurising plant as is required by such regulation, and

(d) that the cream-separating business carried on thereon is such that in the ordinary course of such business the quantity of cream separated from milk on each day on which the business is so carried on is sufficient for the manufacture of not less than twenty-eight pounds of butter.

(4) Before registering any premises in the register of manufacturing exporters the Minister shall be satisfied—

(a) that such premises are equipped with such plant and machinery as may be prescribed or as may in any particular case be required or approved by the Minister, and

(b) that such premises are provided with an adequate supply of good and wholesome water, and

(c) if any regulation under this Act is for the time being in force requiring premises registered in the register of manufacturing exporters to be equipped with plant for pasteurising milk or cream or both milk and cream, that the premises are duly equipped with such pasteurising plant as is required by such regulation, and

(d) that the manufacturing business carried on thereon is such that in the ordinary course of business the quantity of butter produced on each day on which the business is carried on exceeds fifty-six pounds in weight.

(5) Before registering any premises in the register of butter factories the Minister shall be satisfied—

(a) that such premises are equipped with efficient plant and machinery of the description specified in the Second Schedule to this Act, with such additions and variations (if any) as may be prescribed or as may in any particular case be required or approved of by the Minister, and

(b) that such premises are provided with an adequate supply of good and wholesome water, and

(c) that the manufacturing business carried on thereon is such that in the ordinary course of such business the quantity of butter produced on each day on which the business is so carried on exceeds fifty-six pounds in weight.

(6) The Minister shall before registering any premises in the register of non-manufacturing exporters be satisfied that—

(a) the premises are structurally suited for carrying on the business of examining and classifying butter for export and are sufficiently provided with equipment, fittings, and appliances suitable for that business, and

(b) the premises and the equipment, fittings, and appliances thereof are in a state of cleanliness and good repair, and

(c) the premises contain adequate and suitable accommodation for the carrying on, in accordance with the requirements of this Act and any regulations made thereunder, of the business of examining and classifying butter for export, and

(d) the premises are properly equipped with the prescribed appliances and requisites for examining and classifying butter for export and for marking butter and the packages and wrappers (if any) in which it is packed for export, and

(e) the premises comply with such other conditions as shall be prescribed.

Regulations applicable to registered creameries.

16. —(1) The following regulations shall apply to all premises registered in the register of creameries, that is to say:—

(a) all butter manufactured on the premises shall be made from cream which has been separated on the premises by means of centrifugal force applied by mechanical power from the commingled milk supplies of a number of cow-keepers or has been supplied from other premises registered in the register of creameries or from premises registered in the register of cream-separating stations, or when so authorised by the Minister (which authorisation shall not be given unless the Minister is of opinion that there are special or unusual circumstances justifying him in so doing) and subject to the conditions named by the Minister, from a specified cream-separating station situate outside Saorstát Eireann;

(b) all matters relating to the manufacture of butter on the premises shall be under the control of a duly qualified manager, and the prescribed particulars of all appointments of such managers shall be notified to the Minister in the prescribed manner;

(c) every butter-maker on the premises and every person carrying out tests of milk or cream on the premises for the purpose of determining the percentage of butter-fat therein shall be duly qualified, and the prescribed particulars of all appointments of such butter-makers and persons shall be notified to the Minister in the prescribed manner;

(d) butter containing water in excess of sixteen per cent. or any noxious colouring matter or any preservative other than salt of a prescribed description shall not be packed for export, or exported, or consigned for export, in or from the premises;

(e) butter containing water in excess of sixteen per cent. or any noxious colouring matter or any preservative other than salt of a prescribed description shall not be packed for sale, or sold, or offered or consigned for sale on or from the premises, except to a butter-factory in Saorstát Eireann, and then only subject to and in accordance with the prescribed conditions and subject to and in accordance with the provisions of the Sale of Food and Drugs Acts, 1875 to 1907;

(f) if any regulation under this Act is in force requiring the premises to be equipped with efficient plant for pasteurising milk or cream, or both milk and cream, all milk, cream, or milk and cream (as the case may require) used for the manufacture of butter upon the premises shall be pasteurised;

(g) all butter exported from the premises and also every package or wrapper containing the butter shall before it leaves the premises be marked in the prescribed manner with the marks (if any) prescribed by regulations made under this Act;

(h) all butter packed on the premises shall be packed only in such manner and in such packages or wrappers as shall be prescribed by regulations made under this Act;

(i) no margarine or milk-blended butter, and no oil or fat capable of being used in the adulteration of butter shall be brought on to the premises;

(j) save as hereinafter mentioned no butter, other than creamery butter obtained directly from other premises registered in the register of creameries shall be brought on to the premises.

(2) If the Minister is satisfied, on the application of the registered proprietor or duly qualified manager of any premises registered in the register of creameries, that owing to a temporary decrease in the quantity of milk or cream supplied to the premises sufficient butter cannot be manufactured on the premises or obtained from other premises similarly registered to meet the immediate requirements of the business of the premises as normally carried on, the Minister may by licence issued by him to the registered proprietor of the premises authorise the bringing on to the premises of butter of such description, in such quantities, during such period, and subject to such conditions as may be specified in the licence: Provided always that while a licence under this sub-section is current in respect of any premises, any licence then in force for the use of the national mark in respect of butter manufactured in those premises shall be suspended.

(3) For the purposes of this section a person shall be deemed to be duly qualified for a position only if he either possesses a certificate issued by the Minister of qualification for such position generally or has satisfied the Minister that he is qualified for the particular position.

Cream from registered creameries and cream-separating stations.

17. —No cream shall be supplied from any premises registered in the register of creameries or the register of cream-separating stations unless either it was separated from milk on the premises by means of centrifugal force applied by mechanical power from the commingled milk supplies of a number of cow-keepers or was supplied to the premises from other premises registered in the register of creameries or the register of cream-separating stations.

Regulations applicable to registered manufacturing exporters.

18. —(1) The following regulations shall apply to all premises registered in the register of manufacturing exporters, that is to say:—

(a) all butter manufactured on the premises shall be made from cream which has been separated from milk on the premises or has been supplied from other premises (whether registered or not registered under this Act) subject to such conditions as may be prescribed;

(b) all matters relating to the manufacture of butter on the premises shall be under the control of a duly qualified manager, and the prescribed particulars of all appointments of such managers shall be notified to the Minister in the prescribed manner;

(c) every butter-maker on the premises and every person carrying out tests of milk or cream on the premises for the purpose of determining the percentage of butter-fat therein shall be duly qualified, and the prescribed particulars of all appointments of such butter-makers and persons shall be notified to the Minister in the prescribed manner;

(d) butter containing water in excess of sixteen per cent. or any noxious colouring matter or any preservative other than salt of a prescribed description, shall not be packed for export, or exported, or consigned for export, in or from the premises;

(e) butter containing water in excess of sixteen per cent. or any noxious colouring matter, or any preservative other than salt of a prescribed description, shall not be packed for sale or sold, or offered or consigned for sale on or from the premises, except to a butter-factory in Saorstát Eireann, and then only subject to and in accordance with the prescribed conditions and subject to and in accordance with the provisions of the Sale of Food and Drugs Acts, 1875 to 1907;

(f) if any regulation under this Act is in force requiring the premises to be equipped with efficient plant for pasteurising milk or cream, or both milk and cream, all milk, cream, or milk and cream (as the case may require) used for the manufacture of butter upon the premises shall be pasteurised;

(g) all butter exported from the premises and also every package or wrapper containing the butter shall before it leaves the premises be marked with the marks (if any) prescribed by regulations made under this Act;

(h) all butter packed on the premises shall be packed only in such manner and in such packages or wrappers as shall be prescribed by regulations made under this Act;

(i) no margarine or milk-blended butter, and no oil or fat capable of being used in the adulteration of butter shall be brought on to the premises;

(j) save as hereinafter mentioned no butter, other than butter obtained directly from other premises registered in the register of manufacturing exporters shall be brought on to the premises;

(k) the premises shall not be registered in the register of creameries.

(2) If the Minister is satisfied, on the application of the registered proprietor or duly qualified manager of any premises registered in the register of manufacturing exporters, that owing to a temporary decrease in the quantity of milk or cream available at the premises sufficient butter cannot be manufactured on the premises or obtained from other premises similarly registered to meet the immediate requirments of the business of the premises as normally carried on, the Minister may by licence issued by him to the registered proprietor of the premises authorise the bringing on to the premises of butter of such description, in such quantities, during such periods, and subject to such conditions as may be specified in the licence: Provided always that while a licence under this sub-section is current in respect of any premises, any licence then in force for the use of the national mark in respect of butter manufactured in those premises shall be suspended.

(3) For the purposes of this section a person shall be deemed to be duly qualified for a position only if he either possesses a certificate issued by the Minister of qualification for such position generally or has satisfied the Minister that he is qualified for the particular position.

Regulations applicable to registered butter factories.

19. —The following regulations shall apply to all premises registered in the register of butter factories, that is to say:—

(a) butter containing water in excess of sixteen per cent. shall not be packed for export, or exported, or consigned for export, in or from the premises;

(b) butter containing water in excess of sixteen per cent. shall not be packed for sale, or sold, or offered or consigned for sale on or from the premises, except to a butter factory in Saorstát Eireann, and then only subject to and in accordance with the prescribed conditions and subject to and in accordance with the provisions of the Sale of Food and Drugs Acts, 1875 to 1907;

(c) all butter exported from the premises and also every package or wrapper in which such butter is packed shall before it leaves the premises be marked in the prescribed manner with the marks (if any) prescribed by regulations made under this Act;

(d) all butter packed on the premises shall be packed only in such manner and in such packages or wrappers as shall be prescribed by regulations made under this Act.

Regulations applicable to non-manufacturing exporters.

20. —The following regulations shall apply to all premises registered in the register of non-manufacturing exporters, that is to say:—

(a) butter containing water in excess of sixteen per cent, shall not be packed for sale or export or sold or exported or consigned for sale or export on or from the premises except when permitted by regulations made under this Act and then only subject to and in accordance with the prescribed conditions and subject to and in accordance with the provisions of the Sale of Food and Drugs Acts, 1875 to 1907;

(b) all butter exported or consigned for export from the premises shall, before it leaves the premises, be examined and classified subject to and in accordance with the prescribed conditions;

(c) all butter exported or consigned for export from the premises and also every package and wrapper containing the butter shall before it leaves the premises be marked in the prescribed manner with the marks (if any) prescribed by regulations made under this Act;

(d) all butter directly or indirectly obtained or brought from premises registered in the register of creameries or the register of manufacturing exporters or the register of butter factories shall (if exported) be exported without opening or unpacking the package in which it was packed in such premises and without obliterating or altering any marks placed on such package, or on any wrapper or butter therein, in such premises, save to such extent and in such manner as shall be prescribed for the purpose of enabling the provisions of this Act or any regulations made thereunder to be complied with.

Application for registration of premises.

21. —(1) Every application for the registration of any premises under this Act, or for the alteration or cancellation of any such registration shall be made in writing in the prescribed form and manner and shall contain the prescribed particulars.

(2) Whenever an application has been made under this Act for the registration of any premises, the Minister shall cause such premises to be inspected by an inspector.

(3) Every refusal by the Minister of an application for the registration of any premises under this Act shall state the reason for such refusal and no such refusal shall prevent the making of a fresh application in respect of the same premises at any subsequent time.

(4) Before refusing any application for the registration of any premises under this Act solely on the ground that the conditions of cleanliness and order are not complied with on the premises, the Minister shall cause an appropriate notice to be served under Part I . of this Act by an inspector in respect of the failure to comply with such conditions and in the event of such notice or, if such notice is amended by the arbitrator under Part I . of this Act, such notice as so amended being complied with or the notice being annulled by the arbitrator under Part I. of this Act, the application for registration shall not be refused on the ground aforesaid.

Rectification and cancellation of registration.

22. —(1) The Minister may at any time alter or cancel the registration of any premises under this Act upon the application of the registered proprietor or, in the case of an individual, the personal representative, or, in the case of an incorporated body, the liquidator, of the registered proprietor.

(2) The Minister may at any time, without any such application as aforesaid, alter the registration of any premises under this Act in any respect in which such registration appears to him to be erroneous or misleading.

(3) The Minister may at any time, without any such application as aforesaid, cancel the registration of any premises registered under this Act if he is satisfied—

(a) that the registration of the premises was procured by fraud or by misrepresentation whether fraudulent or innocent; or

(b) that the premises have ceased to be eligible for registration in the register in which the same are registered; or

(c) that the registered proprietor, if an individual, has died, or, if an incorporated body, has been dissolved, and no other person has, within one month after such death or dissolution, been registered as proprietor in the place of the registered proprietor so dead or dissolved; or

(d) that there has been any contravention (whether by way of commission or of omission) of this Act or any regulations made thereunder on the premises; or

(e) that the registered proprietor having made a contract for the sale of butter to be exported from premises of which he is the registered proprietor has without reasonable cause failed or omitted to carry out such contract.

(4) Before altering or cancelling (otherwise than in accordance with an application in that behalf made under this section) the registration of any premises under this Act, the Minister shall give at least one fortnight's notice in writing of his intention so to cancel or alter such registration to the registered proprietor, and shall consider any representations made before the expiration of such notice by such proprietor, and may if he thinks fit cause an inquiry to be held in relation to the matter.

(5) Before altering or cancelling (otherwise than in accordance with an application in that behalf made under this section) the registration of any premises under this Act solely on the ground that the conditions of cleanliness and order are not complied with on the premises, the Minister shall cause an appropriate notice to be served under Part I . of this Act by an inspector in respect of the failure to comply with such conditions, and in the event of such notice or, if such notice is amended by the arbitrator under Part I . of this Act, such notice as so amended being complied with or the notice being annulled by the arbitrator under Part I . of this Act, the registration shall not be altered or cancelled on the ground aforesaid.

(6) Where the Minister proposes to cancel the registration of any premises under this Act on the ground mentioned in paragraph (e) of sub-section (3) of this section the registered proprietor may by notice in writing to the Minister require the matter to be referred to arbitration and in such case the following provisions shall apply:—

(a) the question whether the registered proprietor has or has not failed or omitted to carry out a contract within the meaning of the said paragraph (e) shall be referred to the decision of an arbitrator or arbitrators appointed for the purpose by the Executive Council;

(b) the number of the arbitrators shall be either one or three as the Executive Council shall think proper and the arbitrator or one of the arbitrators (as the case may be) shall be a practising barrister in Saorstát Eireann of not less than twelve years standing;

(c) the Minister and the registered proprietor shall be entitled to appear (with or without solicitor and counsel) and be heard by the arbitrators on the question so referred as aforesaid and to adduce evidence thereon;

(d) the costs of the arbitration (including the arbitrators; fees) shall be in the discretion of the arbitrators;

(e) the decision of the arbitrators shall be final and conclusive and shall not be subject to review by any court;

(f) the costs of every such arbitration (including the fee or fees of the arbitrator or arbitrators) shall upon the application of any of the parties thereto be taxed by a Taxing Master of the High Court.

Publication of register, etc.

23. —(1) The Minister may publish in such manner as he may think fit—

(a) all or any of the matters entered in any register kept in pursuance of this Act; and

(b) notice of the cancellation or alteration of the registration of any registered premises; and

(c) notice of any conviction for an offence under this Act or any section thereof or any regulation made thereunder.

(2) No individual return or part of a return furnished in pursuance of this Act shall be published or disclosed except for the purposes of a prosecution under this Act.

(3) The Minister may from time to time collect and publish such statistical information (including statistics derived from returns made pursuant to this Act) with respect to the extent and condition of the butter trade as he may think fit.

Evidence of contents of registers.

24. —(1) Any register kept in pursuance of this Act shall be—

(a) deemed to be in the proper custody when in the custody of the Minister or of any officer of the Minister authorised in that behalf by the Minister; and

(b) admissible in evidence without further proof on production from the proper custody.

(2) Prima facie evidence of any entry in any register kept in pursuance of this Act may be given in any court or any legal proceeding by the production of a copy of such entry purporting to be certified to be a true copy by any officer of the Minister authorised in that behalf, and it shall not be necessary to prove the signature of such officer or that he was in fact such officer or was in fact so authorised.

(3) A certificate, purporting to be under the hand of an officer of the Minister authorised in that behalf by the Minister, that any premises specified in such certificate are not entered in the register specified in such certificate shall be conclusive evidence of the matter so certified, and it shall not be necessary to prove the signature of such officer, or that he was in fact such officer, or was in fact so authorised.

(4) Any person may—

(a) inspect any register kept in pursuance of this Act on payment of such fee, not exceeding one shilling for each inspection, as shall be prescribed;

(b) obtain a copy, certified in manner hereinbefore mentioned to be a true copy of any entry in any register kept in pursuance of this Act on payment of such fee, not exceeding sixpence for each folio of the copy, as may be prescribed;

(c) obtain such certificate as is hereinbefore mentioned that any specified premises are not registered in a specified register kept in pursuance of this Act on payment of such fee, not exceeding two shillings and sixpence for each certificate, as may be prescribed.

Power to inspector to inspect premises and plant.

25. —(1) Any inspector shall be entitled (subject to the production by him if so required of his authority in writing as such inspector) at all reasonable times to enter upon any premises registered in any register kept pursuant to this Act or in respect of which an application for registration in any such register has been made and to inspect such premises and the plant, machinery, appliances, and utensils therein and to observe all or any of the processes used in the business carried on therein.

(2) Every person who shall obstruct or impede any inspector in the exercise of any of the powers conferred on him by this section shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a penalty not exceeding five pounds.

Register to be kept on registered premises.

26. —(1) It shall be the duty of the registered proprietor of any premises registered in any register kept in pursuance of this Act to keep or cause to be kept a register in the prescribed form of all consignments of butter dispatched from those premises, and within twelve hours after the dispatch of any such consignment to enter in such register the prescribed particulars of the quantity of butter comprised in such consignment and the name and address of the person to whom and the route by which the same was consigned.

(2) Every register kept in pursuance of this section may be inspected at any time during office hours by an inspector for any purpose arising out of or in connection with this Act or any regulation made thereunder and it shall be the duty of the registered proprietor of the premises where such register is kept to produce for the inspection of such inspector on demand such register and also all invoices, consignment notes, receipts, and other documents (including copies thereof where the originals are not available) reasonably demanded by such inspector for the purpose of verifying any entry in or explaining any omission from such register.

(3) If the registered proprietor of any premises registered in any register kept in pursuance of this Act—

(a) fails to keep or cause to be kept such register as is required by this section; or

(b) fails to make or cause to be made in such register within the time prescribed by this section any entry required by this section to be made therein; or

(c) fails to produce or cause to be produced for the inspection of an inspector on demand any register, document, or copy of a document which he is required by this section so to produce, or obstructs any such inspector in the making of such inspection; or

(d) wilfully or negligently makes or causes to be made in such register any entry which is false or misleading in any material particular,

he shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a penalty not exceeding twenty pounds.

(4) For the purposes of this section—

(a) inspection of a register or document shall include taking copies thereof or extracts therefrom; and

(b) a demand for inspection of a register or other document shall be deemed to have been duly made by an inspector to the registered proprietor if such demand is made verbally on the registered premises to the manager, secretary, book-keeper, or other member of the clerical staff; and

(c) a refusal or failure to produce a register or other document for inspection if made or committed on the registered premises by a person in the employment of the registered proprietor shall be deemed to have been made or committed by the registered proprietor; and

(d) the expression “office hours” means any time between the hours of ten o'clock in the morning and five o'clock in the afternoon during which business is being carried on or work is being done on the registered premises.

Regulations as to packing butter.

27. —(1) The Minister may by order make regulations in regard to all or any of the following matters, that is to say:—

(a) the method and manner in all or any respects of packing butter, including the materials and packages to be used for such packing;

(b) the mode in and means by which the prescribed marks are to be placed on butter and packages.

(2) Regulations made under this section shall apply to all premises registered in any register kept in pursuance of this Act, or to all premises registered in any one or more of such registers, as may be prescribed in that behalf by the regulations respectively.

(3) All butter packed in any premises to which any regulations made under this section apply shall be packed and marked, and the packages and wrappers in which such butter is packed shall also be marked in all respects in accordance with such regulations.

Examination and classification of butter.

28. —The Minister may by order make regulations in regard to the examination and classification of butter on premises registered in the register of non-manufacturing exporters, and where such regulations have been made all butter examined or classified on such premises shall be examined and classified in all respects in accordance with such regulations.

Regulations as to marking butter and packages.

29. —(1) The Minister may by order make regulations prescribing the marks to be placed on every package or wrapper containing butter exported or consigned from or sold on any premises to which such regulations apply for the purpose of indicating all or any of the following matters, that is to say:—

(a) the nature and quality of the butter contained in such package or wrapper;

(b) the premises on which such butter was packed or was examined and classified;

(c) that such butter was manufactured in Saorstát Eireann;

(d) any other matter which in the opinion of the Minister should be indicated on such package or wrapper.

(2) The Minister may also by order make regulations prescribing the marks to be placed on all or any butter sold on or exported or consigned from any premises to which such regulations apply for the purpose of indicating all or any of the matters mentioned in the foregoing sub-section and any other matter which in the opinion of the Minister should be indicated on such butter.

(3) For the purpose of so much of the foregoing sub-sections as relates to indicating the premises on which butter was packed or was examined and classified, the Minister may assign a distinctive mark to every or any premises to which regulations made under this section apply, and may by the regulations made by him under this section require the marks so assigned to be used as the mark for indicating the premises on which the butter was packed or was examined and classified.

(4) The Minister may also by order make regulations prohibiting the placing of any particular mark or marks of any particular class or description on all or any classes, grades or descriptions of butter or on any packages or wrappings containing any such butter, or on any letters or invoices or other trade documents issued or used in relation to such butter and where any such regulations have been made and are in force any person who places any mark on any butter or any package or wrapper or any letters or invoices or other trade documents in contravention of any such regulation shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a penalty not exceeding twenty pounds.

(5) Regulations made under this section shall apply to all premises registered in any register kept in pursuance of this Act, or to all premises registered in any one or more of such registers, as may be prescribed in that behalf by the regulations respectively.

(6) Whenever any mark is prescribed by regulations made under this section as the mark to be placed on butter of any nature or quality, or place of manufacture, or packed or examined and classified in any particular premises, or on packages or wrappers containing butter of any such nature or quality, or place of production, or packed or examined and classified in any such premises, the application of such mark to butter of any other nature or quality, or place of production, or to any package or wrapper containing any such butter or to any butter, package or wrapper packed or examined and classified on any other premises shall be taken to be a false trade description within the meaning of the Merchandise Marks Acts, 1887 to 1911, and the provisions of those Acts, including the penal provisions, shall apply accordingly.

(7) For the purposes of this section a mark shall be deemed to be applied if it is applied within the meaning of the Merchandise Marks Acts, 1887 to 1911.

(8) In this section the word “mark” includes any word, letter, figure, or design, or any combination of words, letters, figures, and designs or any one or more of them.

Regulations as to pasteurising.

30. —(1) The Minister may by order make regulations requiring that all or any premises registered in the register of creameries or all or any premises registered in the register of cream separating stations, or all or any premises registered in the register of manufacturing exporters, or all or any premises registered in any of those registers shall be equipped with plant for pasteurising milk or cream or both milk and cream, and” may by such regulations prescribe the mode and manner in all respects of pasteurising milk and cream.

(2) Where regulations have been made under this section in respect of premises registered in the register of creameries, all milk and all cream required by those regulations to be pasteurised on those premises shall be pasteurised in accordance with such regulations.

(3) Where regulations have been made under this section in respect of premises registered in the register of cream separating stations, all milk and all cream required by those regulations to be pasteurised on those premises shall be pasteurised in accordance with such regulations.

(4) Where regulations have been made under this section in respect of premises registered in the register of manufacturing exporters all milk and all cream required by those regulations to be pasteurised on those premises shall be pasteurised in accordance with such regulations.

Regulations as to plant and machinery.

31. —(1) The Minister may by order make regulations prescribing the nature and general character of the plant and machinery with which premises registered in any specified register kept in pursuance of this Act (other than the register of non-manufacturing exporters) are to be equipped in addition to or substitution for all or any of the plant and machinery with which such premises are required by or under any other provision of this Act to be equipped.

(2) All premises registered in any of the registers aforesaid shall be equipped with the plant and machinery with which such premises are required by or under any other provision of this Act to be equipped, with such (if any) additions thereto or substitutions therefor as may for the time being be prescribed under this section.

Regulations as to basis of calculation of price of milk and cream.

32. —(1) The Minister may by order make regulations for all or any of the following purposes, that is to say:—

(a) requiring that the calculation of the price to be paid for all milk and cream supplied to any premises to which the regulations apply shall be made on the basis of the percentage of butter-fat or other prescribed constituent contained in the milk or cream;

(b) prescribing the method and manner in all or any respects of sampling and testing milk and cream for the purpose of determining the quantity of butter-fat or other prescribed constituent contained therein;

(c) prescribing the nature and character of the instruments and appliances to be used for the purpose of such sampling and testing;

(d) prescribing the records to be kept in premises to which the regulations apply in respect of the sampling and testing of milk and cream for the purposes aforesaid and requiring records to be kept on such premises of the name and address of the person by whom the milk or cream was supplied, the results of the sampling and testing, the quantity of milk or cream from which each sample was taken, and the price paid for such milk or cream;

(e) requiring all samples taken for the purpose aforesaid to be retained on the premises for the prescribed time after they have been tested;

(f) requiring that all or any instruments or appliances offered for sale, sold or used for sampling or testing milk or cream for the purpose aforesaid shall have been tested and found to be accurate in one or other of the establishments or institutions prescribed by the regulations and shall have been certified or marked accordingly in such establishment or institution.

(2) Any inspector shall be entitled at all reasonable times to enter upon any premises to which any regulations made under this section apply and to inspect all instruments and appliances used in such premises for sampling and testing milk or cream for the purpose of determining the quantity of butter-fat or other prescribed constituent contained therein, and to inspect and take copies of or extracts from all or any records kept on such premises in pursuance of such regulations, and to observe all or any of the processes of sampling and testing milk and cream for the purposes aforesaid on such premises, and to test any samples which having been already tested have been retained on the premises.

(3) Regulations made under this section shall apply to all premises, or to any class or classes of premises (whether registered or not registered in any of the registers kept in pursuance of this Act) to which milk or cream is supplied for use in the manufacture of any dairy produce for sale, as may be prescribed in that behalf by the regulations respectively.

(4) Every person who shall contravene (whether by an act of commission or by an act of omission) any regulation made under this section, and also any person who shall obstruct or impede an inspector in the exercise of any of the powers conferred on him by this section shall be guilty of an offence under this section and shall be liable on summary conviction thereof, where the offence consists only of obstructing or impeding an inspector to a penalty not exceeding ten pounds, and in any other case to a penalty not exceeding twenty pounds.

Sale of butter on registered premises.

33. —(1) It shall not be lawful for any person to sell, or offer or consign for sale, on or from any premises registered in any register kept in pursuance of this Act any quantity of butter amounting to or exceeding eleven pounds unless the butter has been packed or examined and classified (as the case may require) and the butter and any package and any wrapper in which it is packed has been marked, in all respects in accordance with the provisions of this Act and of any regulations made thereunder.

(2) If any butter shall be sold, or offered or consigned for sale, in contravention of this section, the registered proprietor of the premises on or from which such butter is so sold, or offered or consigned for sale, shall be guilty of an offence under this section and shall be liable on summary conviction thereof, in the case of a first offence to a penalty not exceeding ten pounds, or in the case of a second or any subsequent offence to a penalty not exceeding twenty pounds.

Fees payable in respect of registered premises.

34. —(1) There shall be paid to the Minister by the person applying for the registration of any premises in any register kept in pursuance of this Act the fee specified in the Third Schedule to this Act, and the payment of such fee shall be a condition precedent to the entertainment of the application by the Minister.

(2) There shall be paid to the Minister by the person applying for registration of any premises in any register kept in pursuance of this Act other than the register of cream separating-stations the deposit specified in the Third Schedule to this Act on account of the first annual fee payable in respect of such premises, and the payment of such deposit shall be a condition precedent to the registration of the premises.

(3) There shall be paid to the Minister in respect of every year by the registered proprietor of every premises registered in the register of creameries or the register of manufacturing exporters or the register of butter factories or the register of non-manufacturing exporters the fee specified in the Third Schedule to this Act or, in the case of premises in respect of which a licence under Part IV . of this Act is in force, such lesser fee as the Minister may if he so thinks fit prescribe in respect of such premises, which fee or lesser fee (as the case may be) is in this Act called the annual fee.

(4) The first annual fee to be paid by the registered proprietor of any of the premises mentioned in the foregoing sub-section of this section shall be calculated on the quantity of butter ascertained in the prescribed manner, exported from such premises during the period between the completion of the registration and the end of the calendar year in which the premises were registered and shall become due on the 31st day of December of that year and the difference between such fee and the deposit paid on account thereof as aforesaid shall be paid by or returned to (as the case may require) the registered proprietor before the 17th day of March in the year next following.

(5) Every subsequent annual fee shall become due on the 31st day of December in the year in respect of which such fee is payable and shall be paid before the 17th day of March in the year next following and shall be calculated on the quantity of butter, ascertained in the prescribed manner, exported from the registered premises in the year in respect of which the fee is payable.

(6) As soon as may be after the end of each year, the total amount of butter exported during that year from every premises registered in the register of creameries or the register of manufacturing exporters or the register of butter factories or the register of non-manufacturing exporters shall be ascertained in the prescribed manner, and the amount of the annual fee payable in respect of that year shall be calculated accordingly.

(7) Every registered proprietor of premises registered in the register of creameries or the register of manufacturing exporters or the register of butter factories or the register of non-manufacturing exporters shall make for the purpose of this section such returns, to such persons, at such times, and in such forms as shall be prescribed.

(8) If any registered proprietor by whom an annual fee is payable in respect of his registered premises under this section shall fail to pay such annual fee or any sum added to such annual fee by way of adjustment under this section, before the 17th day of March, in the year in respect of which the same is payable under this section, the registration of such registered premises shall be cancelled by virtue of this section as on and from such 17th day of March.

(9) Where the registration of any registered premises is cancelled pursuant to this section, and the fee, the non-payment of which caused such cancellation, is paid within three months after such cancellation, the Minister may restore such premises to the register as on and from the date on which such fee is so paid.

(10) In this section the expression “registered proprietor” shall be construed as referring to the registered proprietor for the time being, save that where the premises shall have ceased to be registered the said expression shall be construed as referring to the person who was the registered proprietor immediately before the cesser of registration.