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37 1934

TOBACCO ACT, 1934

PART V.

Provisions in Relation to Tobacco Seed and Plants.

Prosecution of offences under Part V.

49. —An offence under any section contained in this Part of this Act may be prosecuted by or at the suit of the Minister as prosecutor.

Restriction on the production of tobacco seed.

50. —(1) It shall not be lawful for any person to produce tobacco seed in Saorst[html]t Eireann unless the production of such seed is carried on under and in accordance with a permit (in this Act referred to as a seed (production) permit) granted by the Minister under this Part of this Act.

(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, in the case of a first offence under this section, to a fine not exceeding fifty pounds or, in the case of a second or any subsequent offence under this section to a fine not exceeding two hundred and fifty pounds or to imprisonment for any term not exceeding six months or to both such fine and imprisonment.

Seed (production) permit.

51. —The Minister may at his discretion grant to any person who is for the time being the holder of a grower's licence or of an experimental manufacturer's licence, a seed (production) permit authorising such person, subject to such conditions as the Minister may think fit to impose, to grow tobacco seed from tobacco grown under such grower's licence or such experimental manufacturer's licence (as the case may be).

Restriction on sale or possession of tobacco seed.

52. —(1) It shall not be lawful for any person (in this sub-section referred to as the vendor) in any year to sell, offer for sale, or give to any other person (in this sub-section referred to as the purchaser) any tobacco seed unless—

(a) the vendor is the holder of a permit (in this Part of this Act referred to as a seed (sales) permit) granted by the Minister under this Part of this Act and such tobacco seed is sold, offered for sale, or given in accordance with such permit, and

(b) the purchaser is the holder of a grower's licence or an experimental manufacturer's licence authorising him to grow tobacco in that year or is the holder of a seed (sales) permit.

(2) It shall not be lawful for any person to have in his possession any tobacco seed unless such person is the holder of a seed (production) permit, a seed (sales) permit, a grower's licence or an experimental manufacturer's licence.

(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, in the case of a first offence under this section, to a fine not exceeding one hundred pounds or, in the case of a second or any subsequent offence under this section, to a fine not exceeding five hundred pounds or to imprison ment for any term not exceeding six months or to both such fine and imprisonment.

Seed (sales) permit.

53. —The Minister may at his discretion grant to any person a seed (sales) permit authorising such person, subject to such conditions as the Minister may think fit to impose, to sell tobacco seed 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.

Restriction on sale or possession of tobacco plants.

54. —(1) It shall not be lawful for any person in any year to sell, offer for sale, or give to any other person any tobacco plants unless—

(a) such first mentioned person is the holder of a grower's licence or an experimental manufacturer's licence, and

(b) such other person is the holder of a grower's licence or an experimental manufacturer's licence authorising him to grow tobacco in that year.

(2) It shall not be lawful for any person to have in his possession in any year any tobacco plants unless such person is the holder of a grower's licence or an experimental manufacturer's licence authorising him to grow tobacco in that year.

(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, in the case of a first offence under this section, to a fine not exceeding one hundred pounds or, in the case of a second or any subsequent offence under this section, to a fine not exceeding five hundred pounds or to imprisonment for any term not exceeding six months or to both such fine and imprisonment.