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7 1933

AGRICULTURAL PRODUCE (CEREALS) ACT, 1933

PART VII.

Restrictions on the Importation of Flour, Bread, Wheat, Maize Meal and Certain Feeding Stuffs and on the Exportation of Certain Feeding Stuffs.

Restrictions on importation of flour.

85. —(1) It shall not be lawful for any person to import into Saorstát Eireann any flour or wheaten meal unless—

(a) such person is a registered flour importer, and

(b) such flour or meal is imported under and in accordance with a licence granted under this Part of this Act by the Minister for Industry and Commerce.

(2) If any person acts in contravention of this section such person shall be guilty of an offence under this section and shall be liable on summary conviction thereof to the penalties mentioned in Part II of the First Schedule to this Act.

(3) An offence under this section may be prosecuted by or at the suit of the Minister for Industry and Commerce as prosecutor.

Restrictions on importation of bread, etc.

86. —(1) It shall not be lawful for any person to import into Saorstát Eireann any bread, buns, biscuits, or other preparations in the manufacture of which flour or meal milled wholly or mainly from wheat is used unless under and in accordance with a licence granted under this Part of this Act by the Minister for Industry and Commerce.

(2) If any person acts in contravention of this section such person shall be guilty of an offence under this section and shall be liable on summary conviction thereof to the penalties mentioned in Part II of the First Schedule to this Act.

(3) An offence under this section may be prosecuted by or at the suit of the Minister for Industry and Commerce as prosecutor.

Restrictions on importation of wheat.

87. —(1) It shall not be lawful for any person to import into Saorstát Eireann wheat unless either—

(a) (i) such person is a registered wheat importer, and

(ii) such wheat is imported under and in accordance with a licence granted under this Part of this Act by the Minister for Agriculture, or

(b) such person is the Minister for Industry and Commerce, or

(c) such wheat is imported under and in accordance with a permit granted under this section by the Minister for Agriculture.

(2) Where the Minister for Agriculture is satisfied that any wheat is intended solely for sale or use as seed, he may by permit authorise any person who is not a registered wheat importer, subject to such conditions as he thinks fit to impose to import such wheat either, as the Minister thinks proper, without limit as to time or quantity or either of them or within a specified time or in a specified quantity.

(3) If any person acts in contravention of this section such person shall be guilty of an offence under this section and shall be liable on summary conviction thereof to the penalties mentioned in Part II of the First Schedule to this Act.

(4) An offence under this section may be prosecuted by or at the suit of the Minister for Agriculture as prosecutor.

Restrictions on importation of maize.

88. —(1) It shall not be lawful for any person to import into Saorstát Eireann any maize unless—

(a) (i) such person is a registered maize importer, and

(ii) such maize is imported under and in accordance with a licence granted under this Part of this Act by the Minister for Agriculture, or

(b) such person is the Minister for Agriculture.

(2) If any person acts in contravention of this section such person shall be guilty of an offence under this section and shall be liable on summary conviction thereof to the penalties mentioned in Part II of the First Schedule to this Act.

(3) An offence under this section may be prosecuted by or at the suit of the Minister for Agriculture as prosecutor.

Restrictions on importation of oats, hay and straw.

89. —(1) Subject to the provisions of this section, it shall not be lawful for any person to import into Saorstát Eireann any oats, hay or straw (excluding hay or straw used as a packing material and imported with the goods for the packing of which it is used) unless under and in accordance with a licence granted under this Part of this Act by the Minister for Agriculture.

(2) If any person acts in contravention of this section such person shall be guilty of an offence under this section and shall be liable on summary conviction thereof to the penalties mentioned in Part II of the First Schedule to this Act.

(3) An offence under this section may be prosecuted by or at the suit of the Minister for Agriculture as prosecutor.

(4) Nothing in this section shall be construed as rendering it lawful to import into Saorstát Eireann any hay or straw used as packing material, the importation of which is prohibited under the Diseases of Animals Acts, 1894 to 1932.

Scheduled feeding stuffs.

90. —(1) Each of the articles specified in the Third Schedule to this Act shall be a scheduled feeding stuff for the purposes of this Part of this Act.

(2) The Minister for Agriculture may by order under this section declare that any article (not being already a scheduled feeding stuff) shall be a scheduled feeding stuff for the purposes of this Part of this Act and whenever any such order is made the article to which such order relates shall be a scheduled feeding stuff for the purposes of this Part of this Act.

(3) Every order made under this section shall be laid before each House of the Oireachtas as soon as may be after it is made, and if a resolution annulling such order is passed by either such House within the next subsequent twenty-one days on which that House has sat after such order is so laid before it, such order shall be annulled accordingly but without prejudice to the validity of anything previously done under such order.

Restrictions on importation of scheduled feeding stuffs.

91. —(1) It shall not be lawful for any person to import into Saorstát Eireann any scheduled feeding stuff or any substance (other than an excepted article) used in the preparation of any scheduled feeding stuff unless under and in accordance with a licence granted under this Part of this Act by the Minister for Agriculture.

(2) If any person acts in contravention of this section such person shall be guilty of an offence under this section and shall be liable on summary conviction thereof to the penalties mentioned in Part II of the First Schedule to this Act.

(3) An offence under this section may be prosecuted by or at the suit of the Minister for Agriculture as prosecutor.

(4) Each of the articles specified in sub-paragraphs (b) to (w), both inclusive, of paragraph 7 of the Third Schedule to this Act shall be an excepted article for the purposes of this section, but if the Minister makes an order declaring that any of the said articles shall be a scheduled feeding stuff for the purposes of this Part of this Act, the article to which such order relates shall cease to be an excepted article for the purposes of this section.

Import licences.

92. —(1) The Minister for Industry and Commerce may by licence authorise any person, subject to compliance with such conditions as he thinks fit to impose, to import into Saorstát Eireann any of the articles to which this sub-section applies, either as the said Minister thinks proper, without limit as to time or quantity, or either of them or within a specified time, or in a specified quantity.

This sub-section applies to the following articles, namely:—

(a) wheaten flour;

(b) wheaten meal;

(c) bread;

(d) buns;

(e) biscuits; and

(f) any other preparation in the manufacture of which flour or meal milled wholly or mainly from wheat is used.

(2) The Minister for Agriculture may by licence authorise any person, subject to compliance with such conditions as he thinks fit to impose, to import into Saorstát Eireann any article to which this sub-section applies, either, as the said Minister thinks proper, without limit as to time or quantity, or either of them or within a specified time or in a specified quantity.

This sub-section applies to the following articles, namely:—

(a) wheat;

(b) maize;

(c) maize meal;

(d) oats, hay, and straw; and

(e) any scheduled feeding-stuff or any substance used in the preparation of any scheduled feeding-stuff.

(3) Any licence granted under this section may be revoked at any time by the Minister by whom it was granted.

Application of Customs Acts.

93. —Articles prohibited to be imported by virtue of this Part of this Act shall be deemed to be included among the goods enumerated and described in the Table of Prohibitions and Restrictions Inwards contained in section 42 of the Customs Consolidation Act, 1876, and the provisions of that Act, as amended or extended by any subsequent Act, applying to the importation of prohibited or restricted goods, shall apply accordingly.

Restrictions on exportation of certain feeding stuffs.

94. —(1) The Minister for Agriculture may, if he so thinks fit at any time and from time to time, by order, do the following things, that is to say:—

(a) prohibit the exportation of any article to which this section applies save under and in accordance with a licence granted under this section by the Minister for Agriculture, and

(b) revoke any order previously made by him under this section.

(2) Whenever any order prohibiting the exportation of any article to which this section applies is in force, it shall not be lawful for any person to export any such article.

(3) Any officer of Customs and Excise may detain and seize any article to which this section applies being or attempted to be exported in contravention of this section and for that purpose may open any packet containing or suspected by him of containing any such article and the provisions of the Customs Consolidation Act, 1876, in relation to the condemnation and disposal of goods seized under that Act shall apply to all articles seized under this section in like manner as if they had been seized under that Act.

(4) This section shall have effect as though it were included in the Customs Consolidation Act, 1876, and that Act and any Act amending or extending that Act shall apply accordingly, and if any articles the export of which is prohibited by this section are exported in contravention of this section or are brought to any quay or other place for the purpose of being so exported or are waterborne to be so exported, the exporter or his agent shall be liable to the same penalty as that to which a person is liable under section 186 of that Act for illegally importing prohibited goods.

(5) This section applies to the following articles, that is to say:—

(a) wheat offals;

(b) any other product capable of being used as a feeding stuff for animals.