Number 21 of 1935.
DAIRY PRODUCE (PRICE STABILISATION) ACT, 1935.
ARRANGEMENT OF SECTIONS
Preliminary and General.
Section | |
Partial continuance of the Dairy Produce (Price Stabilisation) Act, 1932. |
Registration of Sellers of Non-Creamery Butter.
Fees on applications for registration or renewal of registration. | |
Levies on Butter and Milk Products.
Levy on Imported Butter and Restriction on the Importation of Butter.
Restriction on the Importation of Milk and Milk Products.
Restriction on the Exportation of Butter and Milk Products.
Bounties on Exported Butter and Milk Products.
Control of the Price of Butter.
Financial Provisions.
Miscellaneous Provisions.
Cancellation of registration of premises on conviction or failure to pay levy, etc. | |
Classification in relation to a central marketing organisation. | |
Rates of bounty on butter and on milk products
Minimum prices of creamery butter
Acts Referred to | |
No. 58 of 1924 | |
No. 10 of 1932 | |
No. 3 of 1925 | |
Number 21 of 1935.
DAIRY PRODUCE (PRICE STABILISATION) ACT, 1935.
PART I.
Preliminary and General.
Short title.
1.—This Act may be cited as the Dairy Produce (Price Stabilisation) Act, 1935.
Definitions.
2.—In this Act—
the expression “the Minister” means the Minister for Agriculture;
the word “creamery” means premises which are either registered in the register of creameries kept in pursuance of the Dairy Produce Act, 1924 (No. 58 of 1924), or the subject of a licence under section 42 of that Act;
the expression “creamery butter” means butter manufactured in a creamery and not subsequently blended with any butter which was not manufactured in a creamery;
the expression “non-creamery butter” means butter which is not creamery butter;
the expression “butter factory” means premises on which butter is, by way of trade, blended, reworked, or subjected to any other treatment, but not so as to cease to be butter;
the expression “the Kerry cattle area” means the area in respect of which it is for the time being declared by regulations made under the Live Stock Breeding Act, 1925 (No. 3 of 1925), that bulls of all breeds other than the Kerry breed are unsuitable for that area;
the word “inspector” means a person authorised in writing (either generally or for a special purpose) by the Minister to exercise the powers conferred on an inspector by this Act;
the word “prescribed” means prescribed by regulations made by the Minister under this Act.
Definition of milk products.
3.—(1) The following and no other substances shall be milk products for the purposes of this Act, that is to say tinned cream, bulk cream, raw cheese, processed cheese, condensed milk, and dried or powdered milk, and also all substances which are for the time being milk products for the purposes aforesaid by virtue of an order made under this section.
(2) The Minister may from time to time by order declare that any substance (other than butter and the substances specifically mentioned in the next preceding sub-section of this section) derived directly or indirectly from milk shall be a milk product for the purposes of this Act and may at any time by order amend or revoke any such order.
(3) Whenever and so long as an order under this section declaring a substance to be a milk product for the purposes of this Act is in force such substance shall be a milk product for those purposes.
Regulations.
4.—(1) The Minister may by order make regulations prescribing any matter or thing referred to in this Act as prescribed or to be prescribed.
(2) Every regulation made by the Minister under this or any other section of this Act shall, as soon as may be after it is made, be laid before each House of the Oireachtas, and if either such House shall, within the next twenty-one days on which such House has sat after such regulation is laid before it, pass a resolution annulling such regulation, such regulation shall be annulled accordingly, but without prejudice to the validity of anything previously done under such regulation.
Partial continuance of the Dairy Produce (Price Stabilisation) Act, 1932.
5.—(1) Notwithstanding the expiration on the 31st day of March, 1935, of the Dairy Produce (Price Stabilisation) Act, 1932 (No. 10 of 1932), the following provisions shall have effect and shall be deemed to have come into operation immediately upon and to have had effect as from the said expiration, that is to say:—
(a) every levy which became due and payable before but was unpaid at the expiration of the said Act shall be payable and recoverable under the said Act;
(b) every sum received or recovered by the Minister by virtue of the next preceding paragraph of this section shall, until the butter fund maintained under the said Act has been wound up in pursuance of this Act, be paid into the said butter fund and shall thereafter be paid into the dairy produce (price stabilisation) fund;
(c) every bounty which would have been payable under the said Act (if it had not expired) in respect of goods exported from Saorstát Eireann before such expiration but was not in fact paid before such expiration, shall be payable under and in accordance with the said Act;
(d) every bounty payable by virtue of the next preceding paragraph of this section shall, until the said butter fund has been wound up in pursuance of this Act, be paid out of the said butter fund and thereafter shall be paid out of the dairy produce (price stabilisation) fund;
(e) the said butter fund shall be maintained and managed under and in accordance with the said Act until it is wound up in pursuance of this Act;
(f) every person alleged to have committed an offence under any section of the said Act Before the expiration thereof may, after such expiration, be charged with and prosecuted for such offence and, if found guilty thereof, be punished therefor in accordance with the said Act;
(g) the said Act shall be deemed to continue and to have continued in force so far and for so long as may be necessary to give full force and effect to the provisions of this section.
(2) No action or other legal proceeding whatsoever, whether civil or criminal, shall lie or be maintainable against the Revenue Commissioners or against any officer of customs and excise for or in respect of any act or thing done, whether before or after the passing of this Act, by the Revenue Commissioners or by any officer of customs and excise for the purpose or in the course of preventing the importation into Saorstát Eireann, during the period which began on the 1st day of April, 1935, and ended on the 27th day of April, 1935, of any article the importation of which into Saorstát Eireann during that period without a licence in that behalf would have been unlawful if the Dairy Produce (Price Stabilisation) Act, 1932, and every order made under that Act which was in force on the 31st day of March, 1935, had continued to be in force during the whole, of the said period.
PART II.
Registration of Sellers of Non-Creamery Butter.
Registers of certain butter vendors.
6.—(1) The Minister shall cause to be kept the following registers, that is to say:—
(a) a register (to be called and known and in this Act referred to as the register of producers of non-creamery butter) of persons who sell non-creamery butter of their own manufacture, and
(b) a register (to be called and known and in this Act referred to as the register of distributors of non-creamery butter) of persons who acquire non-creamery butter either for resale or for use in a butter factory.
(2) There shall be entered in each of the registers kept in pursuance of this section the full name, address and description of every person registered therein and, in the case of the register of distributors of non-creamery butter, a description of the premises in respect of which such person is registered in such register sufficient to identify such premises and the limits and extent thereof.
Applications for registration.
7.—(1) Any person who carries on or proposes to carry on the business of selling non-creamery butter of his own manufacture shall be entitled to be registered in the register of producers of non-creamery butter on applying therefor in accordance with this section.
(2) Any person who carries on or proposes to carry on the business of acquiring non-creamery butter either for resale or for use in a butter factory shall be entitled to be registered in the register of distributors of non-creamery butter on applying therefor in accordance with this section.
(3) Every application for registration in either of the registers kept in pursuance of this Part of this Act shall be made to the Minister in the prescribed form and manner and shall contain the prescribed particulars.
(4) Where any person desires to be registered in both of the registers kept in pursuance of this Part of this Act he shall make a separate application in respect of each such register.
Duration and renewal of registration.
8.—(1) The first registration of a person in a register kept in pursuance of this Part of this Act shall (unless it is previously cancelled under this Part of this Act) continue in force up to and including the 31st day of January next after the commencement of such registration and shall then expire unless renewed under this section.
(2) Every person registered in a register kept in pursuance of this Part of this Act shall be entitled, on applying to the Minister in the prescribed form and manner and within the prescribed time before the expiration of such registration, to have his registration in such register renewed.
(3) Every renewal of the registration of a person in a register kept in pursuance of this Part of this Act shall commence on the 1st day of February next after the application for such renewal and shall (unless previously cancelled under this Part of this Act) continue in force up to and including the next following 31st day of January and shall then expire unless renewed under this section.
(4) Where an application for the renewal of the registration of a person in a register kept in pursuance of this Part of this Act is made after, but not more than one month after, the expiration of such registration, the Minister may, if he so thinks fit, renew such registration retrospectively as on and from the 1st day of February next after such expiration.
Fees on applications for registration or renewal of registration.
9.—(1) On every application for registration or renewal of registration in a register kept in pursuance of this Part of this Act there shall be paid to the Minister whichever of the following fees is applicable, that is to say—
(a) in the case of an application for registration or renewal of registration in the register of producers of non-creamery butter, the fee of five shillings, and
(b) in the case of an application for registration or renewal of registration in the register of distributors of non-creamery butter, the fee of one pound in respect of each separate premises in respect of which such registration or renewal is so applied for,
and the due payment of such fee shall be a condition precedent to the entertainment of the application by the Minister.
(2) All fees payable under this section shall be collected and taken in such manner as the Minister for Finance shall from time to time direct.
(3) The Public Offices Fees Act, 1879, shall not apply in respect of any fees payable under this section.
Certificate of registration.
10.—(1) The Minister may, on the application of any person who is registered in a register kept in pursuance of this Part of this Act, issue to such person a certificate of his registration in such register.
(2) When a person to whom a certificate of registration has been issued under this section ceases to be registered in the manner stated in such certificate, such person shall within three days after such cesser or, where such cesser is occasioned by the death of such person, the personal representative of such person shall within one month after such death, deliver to the Minister such certificate of registration.
(3) If any person who is required by this section to deliver to the Minister a certificate of registration fails or neglects so to do within the time limited in that behalf by this section, such person shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding two pounds and to a further fine not exceeding five shillings for every day during which such offence is continued.
Prohibition of unregistered businesses.
11.—(1) Subject to the provisions of this section, it shall not be lawful for any person, on or after the appointed day, to carry on the business of selling non-creamery butter of his own manufacture unless such person is registered in the register of producers of non-creamery butter.
(2) Subject to the provisions of this section, it shall not be lawful for any person, on or after the appointed day, to carry on the business of acquiring non-creamery butter either for resale or for use in a butter factory unless such person is registered in the register of distributors of non-creamery butter.
(3) The foregoing provisions of this section shall not apply to or operate to prohibit—
(a) the sale of butter to a person who is registered in the register of distributors of non-creamery butter, or
(b) the carrying on of a business of acquiring non-creamery butter for resale or for use in a butter factory, where all the non-creamery butter acquired for the purposes of such business is acquired from persons who are registered in a register kept in pursuance of this Part of this Act, or
(c) the sale of butter under and in accordance with an exemption licence granted under this Part of this Act.
(4) Every person who carries on any business in contravention of this section shall be guilty of an offence under this section and shall be liable on summary conviction thereof, in the case of a first such offence, to a fine not exceeding five pounds and, in the case of a second or any subsequent such offence, to a fine not exceeding twenty pounds, together with, in every case, a further fine not exceeding five pounds for every day during which such offence continues.
(5) The Minister may by order appoint a day to be the appointed day for the purposes of this section, and in this section the expression “the appointed day” means the day so appointed.
Alteration and cancellation of registration.
12.—(1) The Minister may at any time alter or amend any entry in a register kept in pursuance of this Part of this Act on the application of the person to whom such entry relates or for the purpose of correcting any error or inaccuracy in such entry.
(2) The Minister shall, upon the application of a person registered in a register kept in pursuance of this Part of this Act, cancel the registration of such person in such register.
(3) The Minister may at any time, without any such application as aforesaid, cancel any registration in a register kept in pursuance of this Part of this Act if he is satisfied—
(a) that such registration was obtained by fraud or misrepresentation, whether fraudulent or innocent, or
(b) that the person registered in such register has ceased to carry on the business in respect of which he was so registered, or
(c) that the person registered in such register, if an individual, has died, or, if a body corporate, has been dissolved, or
(d) that the person registered in such register has contravened any provision of or any regulation made under this Act.
(4) Before cancelling (otherwise than in accordance with an application in that behalf made under this section) the registration of any person who is registered in a register kept in pursuance of this Part of this Act, the Minister shall give to such person or to his personal representative or liquidator (as the case may be) at least fourteen days notice in writing of his intention so to cancel such registration, and shall consider any representations made within fourteen days after the service of such notice by such person or personal representative or liquidator (as the case may be) and shall, if requested, cause an inquiry to be held in relation to the matter.
(5) Any such notice as is mentioned in the next preceding sub-section of this section may be served by delivering it to the person to whom it is addressed or by sending it by post to such person addressed to him at his last known place of abode.
(6) Where the Minister has cancelled under this section the registration of any person, the Minister may at any time thereafter refuse to register such person in any register kept in pursuance of this Part of this Act.
Evidence of contents of registers.
13.—(1) Every register kept in pursuance of this Part of this Act shall—
(a) be deemed to be in the proper custody when in the custody of the Minister or of an officer of the Minister authorised in that behalf by the Minister, and
(b) be admissable 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 Part of this Act may be given in any court or any legal proceedings by the production of a copy of such entry purporting to be certified to be a true copy by an officer of the Minister authorised in that behalf by the Minister, and it shall not be necessary to prove the signature of such officer or that he was in fact such officer or was 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 person specified in such certificate is not entered in the register kept in pursuance of this Part of this Act which is specified in such certificate shall be conclusive evidence of the matters 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 so authorised.
(4) Any person may—
(a) inspect any register kept in pursuance of this Part of this Act on payment of a fee of one shilling;
(b) obtain a copy, certified in the manner hereinbefore mentioned to be a true copy, of any entry in any such register on payment of a fee of sixpence for each folio or part of a folio of seventy-two words in such copy;
(c) obtain such certificate as is hereinbefore mentioned that any person specified in such certificate is not registered in a specified register kept in pursuance of this Part of this Act on payment of a fee of two shillings and sixpence for each such certificate.
Publication of contents of registers, etc.
14.—(1) The Minister may publish, in such manner as he may think fit, all or any of the matters entered in any register kept in pursuance of this Part of this Act, and notice of any cancellation or alteration of registration in any such register.
(2) No individual return or part of a return furnished in pursuance of this Part 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 to him pursuant to this Part of this Act) as he may think fit with respect to the extent of the businesses carried on by persons registered in a register kept in pursuance of this Part of this Act.
(4) So far as is reasonably practicable, no statistical information published under this section shall contain any particulars which would enable and person to identify such particulars as being particulars relating to any individual person, business, or concern without the consent of that person or of the proprietor of that business or concern.
Inspection of registered premises.
15.—(1) An inspector shall be entitled at all reasonable times to enter the premises in respect of which any person is registered or has applied to be registered in a register kept in pursuance of this Part of this Act and to inspect such premises and the plant, appliances, and equipment therein and all butter in such premises.
(2) An inspector may (subject to the production by him if so required of his authority in writing as such inspector) at all reasonable times enter upon and have free access to the interior of any premises in which he believes or suspects that butter is sold or is exposed, kept, or stored for sale and may there search for any such butter and examine all butter found on such search and also inspect and take extracts from any records found on such premises relative to dealings in or transactions relating to butter.
(3) Every 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 to a fine not exceeding five pounds.
Exemption licences.
16.—(1) Subject to the provisions of this section, the Minister may, if he so thinks fit, on an application in that behalf being made to him in the prescribed form and manner, grant to the person making such application a licence (in this Part of this Act referred to as an exemption licence) to sell during the period mentioned in such licence the quantity of non-creamery butter specified in such licence.
(2) Every exemption licence shall contain and be subject to the following conditions, that is to say:—
(a) all butter sold under such licence shall have been made by the licensee on a farm owned or worked by the licensee and shall have been so made from milk supplied by cows owned by the licensee; and
(b) the total quantity of butter sold in any one week by the licensee shall not exceed such quantity as may be prescribed by regulations made under this section or, if no such regulations are made, ten pounds; and
(c) the butter sold under such licence shall not be sold to any person for resale by such person.
(3) The Minister may attach to an exemption licence all such further or other conditions as he shall think proper and shall specify in such licence.
(4) The Minister may at any time revoke an exemption licence.
(5) Every licensee under an exemption licence who fails to comply with any of the conditions contained in such licence shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding two pounds.
PART III.
Levies on Butter and Milk Products.
Imposition of a levy on certain substances.
17.—(1) There shall be paid to the Minister, in respect of the several months (in this section referred to as levy months) hereinafter specified in relation to each person, a levy by the persons, on the substances, and at the rates hereinafter mentioned, that is to say:—
(a) by every registered proprietor of creamery premises, a levy, in respect of the month of April, 1935, and every subsequent levy month, at the appropriate rate on all butter manufactured on such premises on or after the 1st day of April, 1935, which either was delivered on sale or was manufactured for some other person by such proprietor in the levy month, except butter which was exported from Saorstát Eireann by such proprietor;
(b) by every registered proprietor of premises registered in the register of butter factories kept in pursuance of the Dairy Produce Act, 1924 (No. 58 of 1924), or in the register of non-manufacturing exporters kept in pursuance of the same Act, a levy, in respect of the month of April, 1935, and every subsequent levy month beginning before the appointed day, at the appropriate rate on all non-creamery butter acquired by such proprietor on or after the 1st day of April, 1935, which was delivered on sale by such proprietor in the levy month, except butter which was exported from Saorstát Eireann by such proprietor or was delivered on sale by such proprietor to the registered proprietor of any other premises registered in either of the said registers;
(c) by every person on whom notice was served under section 14 of the Dairy Produce (Price Stabilisation) Act, 1932 (No. 10 of 1932), a levy, in respect of the month of April, 1935, and every subsequent levy month beginning before the appointed day at the appropriate rate, on all non-creamery butter acquired by such person on or after the 1st day of April, 1935, which was delivered on sale by such person in the levy month, except butter which was acquired from or delivered on sale to the registered proprietor of premises registered in either of the registers mentioned in the next preceding paragraph of this sub-section;
(d) by every person registered in the register of producers of non-creamery butter kept in pursuance of this Act, a levy, in respect of every levy month beginning on or after the appointed day, at the appropriate rate on all non-creamery butter manufactured by such registered person on or after the 1st day of April, 1935, which was delivered on sale in the levy month by such registered person to any person not registered in either of the registers kept in pursuance of this Act;
(e) by every person registered in the register of distributors of non-creamery butter kept in pursuance of this Act, a levy, in respect of every levy month beginning on or after the appointed day, at the appropriate rate on all non-creamery butter acquired by such registered person on or after the 1st day of April, 1935, which was delivered on sale in the levy month by such registered person to any person not registered in either of the registers kept in pursuance of this Act, except butter which was exported from Saorstát Eireann by such registered person.
(2) If and when the Minister has fixed, by regulations made under this Part of this Act, a rate or rates of levy in respect of any particular milk product, there shall be paid to the Minister, in respect of every levy month commencing after the date on which such regulations come into force, by every person who manufactures such milk product a levy at the appropriate rate on the whole of such milk product of his own manufacture which is either delivered on sale by him or used by him in the manufacture of other goods in such levy month, except so much of such milk product as is exported by him from Saorstát Eireann.
(3) Every levy imposed by this section shall be payable monthly and, in the case of every levy in respect of a levy month which ended before the passing of this Act, shall become due and be paid on the seventh day after the date of the passing of this Act and, in every other case, shall become due and be paid on the seventh day after the expiration of the levy month in respect of which it is payable.
(4) The Minister shall by order appoint a day to be the appointed day for the purposes of this section.
(5) In this section—
the expression “the appointed day” means the day appointed by the Minister to be the appointed day for the purposes of this section, and
the expression “the appropriate rate” means the rate of levy for the time being in force on the substance in respect of which the said expression is used.
Rates of levy on certain substances.
18.—(1) The Minister may from time to time by order make regulations prescribing the rates of levy under this Part of this Act on creamery butter, non-creamery butter, and milk products respectively, and may at any time by order revoke or amend any such order.
(2) The Minister may by regulations made under this section do all or any of the following things, that is to say:—
(a) prescribe different rates of levy on different substances and on different classes (defined in such manner as the Minister shall think proper) of any particular substance;
(b) prescribe different methods of calculating the levy in respect of different substances;
(c) prescribe the date on which any particular rate of levy shall come into force.
(3) The rates at which the levy under this Part of this Act on butter shall be payable in respect of the month of April, 1935, and every subsequent levy month commencing before regulations under this section fixing rates of levy on butter have come into operation shall be as follows, that is to say, on creamery butter thirty-nine shillings per cwt., and on non-creamery butter thirty-nine shillings per cwt.
Suspension of levy on particular substances.
19.—(1) The Minister may at any time by order declare that there shall be no levy under this Part of this Act in respect of any month beginning after the end of a specified levy month (ending after the date of such order) on any specified substance or substances or on any specified class (defined in such manner as the Minister shall think proper) of any particular substance, and may at any time revoke any such order either wholly or in respect of one or more substances or classes of substance.
(2) Whenever an order under this section declaring that there shall be no levy on a particular substance or class of substance has been made, then, notwithstanding anything contained in this Act, no levy shall be payable or recoverable under this Part of this Act on the said substance or class of substance (as the case may be) in respect of any month which begins after the end of the levy month specified in that behalf in such order and while such order remains in force in respect of such substance or class of substance (as the case may be), and no such month shall be a levy month for the purposes of this Part of this Act.
Special provisions for the Kerry cattle Area.
20.—(1) Notwithstanding anything contained in this Part of this Act, the Minister may by order make special regulations in relation to the levy under this Part of this Act on non-creamery butter manufactured in the Kerry cattle area or at any place situate outside that area but not more than five miles from the nearest point on the boundary of the said area, and the Minister may, by such regulations, do all or any of the following things, that is to say:—
(a) fix special rates of levy in respect of such butter;
(b) prescribe the method of calculating the amount of the butter in the hands of any one person to which such special rates of levy will apply;
(c) restrict such special rates of levy to butter acquired through or from dealers specially authorised in that behalf by the Minister;
(d) fix the date on which all or any such special rates of levy shall come into force;
(e) make such further or other provisions as the Minister shall think proper for securing to butter manufactured as aforesaid the full benefit of such special rates of levy.
(2) No regulation made under this section shall be void, in whole or in part, merely because it is inconsistent with any provision contained in this Part of this Act.
Recovery of amount of a levy.
21.—(1) Every sum payable by any person to the Minister for or on account of a levy under this Part of this Act shall be a simple contract debt due by such person to the Minister and shall be recoverable accordingly by the Minister from such person in any Court of competent jurisdiction.
(2) In any legal proceedings by the Minister against any person for any money claimed to be due by such person to the Minister on foot of a levy under this Part of this Act, a certificate under the official seal of the Minister certifying that such person was liable under this Part of this Act to pay a levy of a specified amount on a specified substance in respect of a specified levy month and that a specified sum is due and unpaid by such person on foot of such levy shall be conclusive evidence as to the liability for and amount of such levy and prima facie evidence as to the amount which is due and unpaid by such person in respect of such levy.
Returns of dealings in substances liable to a levy.
22.—(1) Every person liable under this Part of this Act to pay a levy shall, within seven days after the expiration of the levy month in respect of which such levy is payable or, where such levy month ended before the passing of this Act, within seven days after the date of such passing, send in the prescribed form and manner to the Minister the prescribed particulars of the manufacture, sale, acquisition, and other dealings with or in the substance in respect of which such levy is payable.
(2) Every person required by this section to send particulars to the Minister who fails, on any occasion on which such particulars are so required to be sent by him, to send such particulars in accordance with this section shall be guilty of an offence under this section and shall be liable on summary conviction thereof, in the case of a first such offence, to a fine not exceeding twenty pounds and, in the case of a second or any subsequent such offence, to a fine not exceeding one hundred pounds.
Determination of disputes.
23.—(1) The amount of the levy on any particular substance payable by any particular person under this Part of this Act in respect of any levy month shall be determined by the Minister.
(2) Every question or dispute which shall arise as to whether a person is liable to pay a levy under this Part of this Act or in relation to any matter, whether of fact or opinion, involved in or incidental to the determination of the amount of any levy payable under this Part of this Act by any person in respect of any particular levy month shall be determined by the Minister.
PART IV.
Levy on Imported Butter and Restriction on the Importation of Butter.
Prohibition of import of butter.
24.—(1) It shall not be lawful for any person to import into Saorstát Eireann any butter save under and in accordance with a licence granted by the Minister under this section.
(2) The Minister may, upon the application of any person in the prescribed form and manner and upon payment by that person of the appropriate levy (if any) payable thereon under this Act, grant to such person a licence to import the consignment of butter specified in the licence by such route (if any), and subject to such conditions as are stated in the licence.
(3) A licence granted under this section shall operate to authorise the person to whom the same is granted to import, in accordance with the terms of the licence, the consignment of butter specified therein.
(4) The Minister may, at any time before a consignment of butter specified in a licence is actually imported, revoke the licence relating to such consignment.
(5) Every person who imports any butter in contravention of this section shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding one hundred pounds.
(6) Section 42 of the Customs Consolidation Act, 1876, shall be construed and have effect as if the following article were added to the Table of Prohibitions and Restrictions Inwards in that section, that is to say, butter the importation of which is prohibited by this section.
Imposition of a levy on imported butter.
25.—(1) There shall be paid to the Minister, by every person who imports into Saorstát Eireann any butter under a licence in that behalf granted under this Part of this Act, a levy at the appropriate rate on the butter so imported.
(2) The levy payable under this section on any butter shall be payable and paid immediately before the issue of the licence under this Part of this Act for the importation of such butter, and the payment of such levy shall be a condition precedent to the issue of such licence.
(3) Where a licence for the importation of butter has been granted and issued to a person under this Part of this Act and it is subsequently shown to the satisfaction of the Minister that no butter or less butter than is authorised by such licence has been imported under such licence, the Minister may, if he so thinks fit and subject to compliance with such conditions (including surrender of such licence) as he may think proper to impose, repay (as the case may require) the whole or the appropriate proportion of the levy paid under this section on the issue of such licence.
Rate of levy on imported butter.
26.—(1) The Minister may from time to time by order make regulations prescribing the rates of levy under this Part of this Act on imported butter, and may at any time by order revoke or amend any such order.
(2) The Minister may by regulations made under this section prescribe different rates of levy for different classes (defined in any manner which the Minister shall think proper) of butter and prescribe the date on which any particular rate of levy shall come into force.
(3) In this Part of this Act, the expression “appropriate rate” means the rate of levy for the time being in force under this section in respect of the class of butter in relation to which the said expression is used.
Suspension of levy on imported butter.
27.—(1) The Minister may at any time by order declare that there shall be no levy under this Part of this Act on butter or on any particular class or classes (defined in any manner which the Minister shall think proper) of butter imported into Saorstát Eireann after a specified date, and may at any time revoke any such order either wholly or in respect of one or more classes of butter.
(2) Whenever an order under this section declaring that there shall be no levy on butter or on a particular class of butter has been made, then, notwithstanding anything contained in this Act, no levy shall be payable or chargeable under this Part of this Act on any butter or any butter of such class (as the case may be) imported into Saorstát Eireann after the date specified in that behalf in such order and while such order remains in force in respect of such butter.
PART V.
Restriction on the Importation of Milk and Milk Products.
Definition of dairy produce.
28.—For the purposes of this Part of this Act the following and no other substances shall be or be deemed to be dairy produce and the expression “dairy produce” shall be construed accordingly, that is to say, whole milk and all milk products.
Prohibition of importation of dairy produce.
29.—(1) The Minister may, whenever and so often as he thinks it expedient so to do, by order prohibit the importation into Saorstát Eireann on or after a specified date of all or any particular classes or class (defined in such manner as the Minister shall think proper) of dairy produce and may at any time by order revoke any such order either wholly or in respect of one or more classes of dairy produce.
(2) Whenever and so long as the importation into Saorstát Eireann of any particular class of dairy produce is prohibited by an order made under this section—
(a) it shall not be lawful for any person to import into Saorstát Eireann any dairy produce of that particular class save under and in accordance with a licence in that behalf granted under this Part of this Act, and
(b) the importation of the said particular class of dairy produce otherwise than under and in accordance with such licence as aforesaid shall be added to and included in the Table of Prohibitions and Restrictions Inwards contained in section 42 of the Customs Consolidation Act, 1876, and that section shall have effect accordingly.
(3) Every person who imports into Saorstát Eireann any dairy produce in contravention of this section shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding twenty pounds.
Licences to import dairy produce.
30.—(1) The Minister may, if he so thinks fit, upon the application of any person in the prescribed form and manner, grant to such person a licence to import into Saorstát Eireann a specified consignment of dairy produce by such route (if any) and subject to such conditions and restrictions as the Minister shall think proper and shall specify in such licence.
(2) A licence granted under this section shall be expressed and shall operate to authorise the person to whom such licence is granted to import into Saorstát Eireann the consignment of dairy produce specified in such licence by the route (if any) and subject to the conditions and restrictions specified in such licence.
(3) The Minister may, at his absolute discretion, revoke a licence granted under this section at any time before the consignment of dairy produce to which such licence relates has actually been imported.
PART VI.
Restriction on the Exportation of Butter and Milk Products.
Prohibition of exportation of butter and milk products.
31.—(1) The Minister may, whenever and so often as he thinks it expedient so to do, by order prohibit the exportation from Saorstát Eireann (either generally or to any particular country or countries) on or after a specified date of all or any of the following substances, that is to say:—
(a) butter or any particular classes or class (defined in any manner which the Minister shall think proper) of butter, or
(b) all or any particular kinds or kind of milk product.
(2) The Minister may at any time by order revoke, either wholly or in respect of one or more specified substances, an order made by him under the next preceding sub-section of this section.
(3) Whenever and so long as the exportation from Saorstát Eireann of any substance is prohibited by an order made under this section, it shall not be lawful for any person to export from Saorstát Eireann any of such substance save under and in accordance with a licence in that behalf granted under this Part of this Act.
(4) Every person who exports from Saorstát Eireann any substance in contravention of this section shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding one hundred pounds.
(5) The foregoing provisions of this section shall have effect as though they were included in the Customs Consolidation Act, 1876, and the provisions of that Act, as amended or extended by any subsequent Act, shall apply and have effect accordingly.
Licences to export butter and milk products.
32.—(1) The Minister may, if he so thinks fit upon the application of any person in the prescribed form and manner, grant to such person a licence to export from Saorstát Eireann a specified substance the export of which from Saorstát Eireann is for the time being prohibited under this Part of this Act, and the Minister may attach to any such licence such conditions and restrictions, whether as to quantity, destination, time, route, class of butter or other substance, or any other matter, as the Minister shall think proper and shall specify in such licence.
(2) A licence granted under this section shall be expressed and shall operate to authorise the person to whom such licence is granted to export from Saorstát Eireann the substance specified in such licence but subject to and in accordance with the conditions and restrictions specified in such licence.
(3) The Minister may at any time, at his absolute discretion, revoke a licence granted under this section, but no such revocation shall invalidate or render unlawful the exportation of any substance which was actually exported under and in accordance with such licence before such revocation was communicated to the licensee under such licence.
PART VII.
Bounties on Exported Butter and Milk Products.
Payment of bounties on exported butter and milk products.
33.—(1) There shall be paid by the Minister the following bounties, that is to say:—
(a) to every person who exports butter on or after the 1st day of April, 1935, a bounty at the appropriate rate on the butter so exported;
(b) to every person who exports any milk product which was manufactured on or after the 1st day of April, 1935, and is exported by the manufacturer thereof or by the registered proprietor of creamery premises, a bounty at the appropriate rate on the milk product so exported;
(c) to every person who exports an article of food in respect of which it is shown to the satisfaction of the Minister that such article was manufactured in Saorstát Eireann on or after the 1st day of April, 1935, and that butter manufactured in Saorstát Eireann or a milk product similarly manufactured was used in the manufacture of such article, and that such article was exported by the manufacturer thereof, a bounty at the rate which was, at the time of the manufacture of such article, the appropriate rate on the quantity and class of butter or milk product so used in the manufacture of such article.
(2) In this section the expression “the appropriate rate” means the rate of bounty for the time being in force on the substance in respect of which the said expression is used.
Rates of bounty on butter and milk products.
34.—(1) The Minister may from time to time by order make regulations prescribing the rates of bounty under this Part of this Act on creamery butter, non-creamery butter, and milk products respectively, and may at any time revoke or amend any such order.
(2) The Minister may by regulations made under this section do all or any of the following things, that is to say:—
(a) prescribe different rates of bounty on different substances and on different classes (defined in such manner as the Minister shall think proper) of the same substance;
(b) prescribe different methods of calculating the bounty in respect of different substances or classes of substance;
(c) prescribe the date on which any particular rate of bounty shall come into force.
(3) All bounties payable under this Part of this Act on any substance before regulations made under this Part of this Act fixing the rate or rates of bounty on such substance have come into force shall be payable at the rate specified in the First Schedule to this Act in respect of such substance.
Suspension of bounty on particular substances.
35.—(1) The Minister may at any time by order declare that no bounty shall be payable under this Part of this Act on any specified substance or substances or on any specified class (defined in such manner as the Minister shall think proper) of any particular substance exported from Saorstát Eireann after a specified date, and may at any time revoke such order either wholly or in respect of one or more substances or classes of substance.
(2) Whenever an order under this section declaring that no bounty shall be payable on a particular substance or class of substance has been made, then, notwithstanding anything contained in this Act, no bounty shall be payable under this Part of this Act on any of the said substance or class of substance (as the case may be) exported from Saorstát Eireann after the date specified in that behalf in such order and while such order remains in force in respect of such substance or class of substance.
Applications for payment of bounty.
36.—(1) Every person who claims to be entitled to be paid a bounty under this Part of this Act may apply to the Minister in the prescribed form and manner for payment of such bounty.
(2) Every application under this section for payment of a bounty shall contain or be accompanied by the prescribed particulars and the prescribed documents of or relating to the claim for such bounty.
PART VIII.
Control of the Price of Butter.
Definition of “price.”
37.—In this Part of this Act the word “price” means the net price without any discount, allowance, or abatement whatsoever.
Maximum price for butter sold wholesale.
38.—(1) The Minister may, from time to time whenever he thinks it expedient so to do, by order fix the maximum price at which any specified class (defined in such manner as the Minister shall think proper) of butter may be sold wholesale on or after a specified date by the manufacturer thereof.
(2) The Minister may at any time by order revoke or amend any order previously made by him under this section, including an order made under this sub-section.
(3) Whenever an order under this section fixing the maximum price of any particular class of butter is in force, it shall not be lawful for any manufacturer of butter to sell wholesale any butter of the said class at a price greater than the maximum price which is in force under such order on the date on which such butter is delivered to the purchaser in pursuance of such sale.
(4) Every person who sells any butter in contravention of this section shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding one hundred pounds.
Minimum price for butter.
39.—(1) Subject to the provisions of this section it shall not be lawful for any person to sell any butter for delivery to the purchaser thereof in Saorstát Eireann at a price which is less than the price which is, on the date of the delivery of such butter to the purchaser, the minimum price under this section in respect of such butter.
(2) The Minister may from time to time by order fix the price which shall, as on and from a specified date, be the minimum price under this section in respect of butter of any specified class (defined in such manner as the Minister shall think proper), and may by any such order fix a minimum price varying in accordance with all or any of the following things, that is to say:—
(a) the quantity of butter included in such sale or in any one delivery in pursuance of such sale, or
(b) the area in which the butter is delivered to the purchaser or to which the butter is forwarded for the purchaser, or
(c) the method of packing such butter.
(3) Until an order fixing the price or prices which shall be the minimum price or prices of creamery butter has been made by the Minister under this section and has come into force the prices set forth in the Second Schedule to this Act shall be the minimum prices under this section in respect of creamery butter.
(4) The Minister may, at any time, by order revoke or amend any order previously made by him under this section, including an order made under this sub-section.
(5) Every person who shall sell any butter in contravention of this section shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding one hundred pounds.
(6) Nothing in this section shall apply to or render unlawful any sale of butter at less than the minimum price under this section by the registered proprietor of creamery premises to a regular supplier of milk to any creamery or cream separating station owned by such registered proprietor, where such sale takes place under and in accordance with an authorisation in that behalf given by the Minister to such registered proprietor.
(7) Nothing in this section shall apply to any sale to a butter factory in accordance with the provisions of paragraph (e) of sub-section (1) of section 16 of the Dairy Produce Act, 1924 (No. 58 of 1924), of any such butter as is mentioned in that paragraph, or to any sale to a butter factory in accordance with the provisions of paragraph (e) of sub-section (1) of section 18 of the said Act of any such butter as is mentioned in that paragraph.
Amendment of pending contracts.
40.—(1) Whenever a contract for the sale of butter for delivery to the purchaser thereof in Saorstát Eireann was entered into before the date of the passing of this Act, and either none or part only of the butter the subject of such sale was delivered to the purchaser before the said date, and the price payable under such contract for the butter contained in any consignment delivered to the purchaser on or after the said date is less than the minimum price in force under this Part of this Act in respect of such butter on the date of such delivery, then and in every such case the price payable under the said contract for the butter contained in such consignment shall be the said minimum price so in force on the said date of delivery and the said contract shall be deemed to be amended and shall have effect accordingly.
(2) Whenever a contract for the sale of butter for delivery to the purchaser thereof in Saorstát Eireann is entered into on or after the date of the passing of this Act, and the price payable under such contract for such butter is not less than the minimum price (in this sub-section referred to as the original minimum price) in force under this Part of this Act in respect of such butter on the date of such contract, and the original minimum price is altered under this Part of this Act before all the butter the subject of such sale has been delivered to the purchaser, then and in such case the following provisions shall have effect, that is to say:—
(a) if, on the date of the delivery of any consignment of butter under the said contract, the minimum price (in this sub-section referred to as the new minimum price) in force under this Part of this Act in respect of the butter contained in such consignment is greater than the original minimum price in respect of such butter, the price payable under the said contract for the butter contained in such consignment shall be increased by the difference between the original minimum price and the new minimum price in respect of such butter, and the said contract shall be deemed to be amended and shall have effect accordingly;
(b) if, on the date of the delivery of any consignment of butter under the said contract, the new minimum price in respect of the butter contained in such consignment is less than the original minimum price in respect of such butter, the price payable under the said contract for the butter contained in such consignment shall be reduced by the difference between the new minimum price and the original minimum price in respect of such butter, and the said contract shall be amended and shall have effect accordingly.
PART IX.
Financial Provisions.
The dairy produce (price stabilisation) fund.
41.—(1) As soon as may be after the passing of this Act, the Minister shall establish and thereafter maintain in accordance with this Part of this Act a fund to be styled and known as the dairy produce (price stabilisation) fund.
(2) Immediately upon the establishment of the dairy produce (price stabilisation) fund, the butter fund maintained in pursuance of the Dairy Produce (Price Stabilisation) Act, 1932 (No. 10 of 1932), shall be wound up and the amount (if any) then standing to the credit of the said butter fund shall be transferred to and paid into the dairy produce (price stabilisation) fund.
(3) There shall be paid into the dairy produce (price stabilisation) fund all moneys from time to time received by the Minister on foot of any levy under this Act and also all registration fees from time to time received by the Minister under this Act.
(4) There shall be paid out of the dairy produce (price stabilisation) fund—
(a) all bounties from time to time payable under this Act, and
(b) all bounties and other moneys which are payable after the passing of this Act under the Dairy Produce (Price Stabilisation) Act, 1932, and would be so payable out of the butter fund established under that Act if that fund were then still in existence.
(5) There shall be paid out of the dairy produce (price stabilisation) fund into or for the benefit of the Exchequer, at such times and in such manner as the Minister for Finance shall direct, such amounts as the Minister for Finance, after consultation with the Minister, shall determine to be equivalent to the amounts paid out of moneys provided by the Oireachtas in respect of the salaries and expenses of persons appointed and acting as inspectors for the purposes of Part II of this Act.
(6) It shall be lawful for the Minister to pay out of the dairy produce (price stabilisation) fund such contributions towards any scheme approved of by him for the regulation of the sale of butter as he shall think proper having regard to the financial position of the said fund and the other circumstances of the case.
(7) Whenever the moneys standing to the credit of the dairy produce (price stabilisation) fund are insufficient to meet the payments required or authorised by this section to be made out of that fund, the Minister shall, out of moneys provided by the Oireachtas, pay into the said fund such sums as may be necessary to enable the said payments to be made out of the said fund.
(8) The aggregate amount of all sums paid into the dairy produce (price stabilisation) fund under the next preceding sub-section of this section in any financial year shall, not later than the 31st day of May next after the expiration of such financial year be paid out of the said fund into or for the benefit of the Exchequer in such manner as the Minister for Finance shall direct.
Accounts of the dairy produce (price stabilisation) fund.
42.—(1) The Minister shall cause to be kept such accounts as the Minister for Finance shall from time to time direct of the receipts and expenditures of the dairy produce (price stabilisation) fund and shall, within six months after the expiration of every financial year, transmit the accounts so kept in respect of such financial year to the Comptroller and Auditor-General for audit.
(2) All accounts transmitted to the Comptroller and Auditor-General in pursuance of this section shall be audited, certified and reported upon by the Comptroller and Auditor-General, and such accounts as so audited and the report of the Comptroller and Auditor-General thereon shall be laid before Dáil Eireann by the Minister for Finance as soon as may be after the making of the said report thereon.
Expenses.
43.—All expenses incurred by the Minister under this Act and not otherwise provided for by this Act shall, to such extent as may be sanctioned by the Minister for Finance, be paid out of moneys provided by the Oireachtas.
PART X.
Miscellaneous Provisions.
Penalty for false statements.
44.—Every person who, for the purpose of obtaining or increasing, for himself or any other person, any bounty, registration, licence or other benefit or advantage under or by virtue of this Act or avoiding or reducing, for himself or any other person, any levy or other obligation under this Act, shall make to the Minister or an inspector any report, return, or other written statement which is to his knowledge false or misleading in any material respect shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding twenty-five pounds or, at the discretion of the Court, to imprisonment for any term not exceeding three months or to both such fine and such imprisonment.
Records to be kept by manufacturers, etc.
45.—(1) It shall be the duty of every person registered in a register kept in pursuance of this Act and of all persons by whom levies are payable or to whom bounties are payable under this Act to keep or cause to be kept such records as may be prescribed by the Minister to be kept by such persons and different records may be required to be kept by different such persons.
(2) Every record kept in pursuance of this section may be inspected at all reasonable times by an inspector and it shall be the duty of the person liable under this section to keep such records to produce for the inspection of such inspector on demand such records 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 records.
(3) If any person by whom any levy or to whom any bounty is payable under this Act—
(a) fails to keep or cause to be kept such records as are required by this section to be kept or caused to be kept by him; or
(b) fails to make or cause to be made in such records within the prescribed time the prescribed entries; or
(c) fails to produce or cause to be produced for the inspection of an inspector on demand any record, document or copy of a document which he is required by this section to produce, or obstructs any inspector in the making of such inspection; or
(d) wilfully or negligently makes or causes to be made in such record 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, in the case of a first such offence, to a fine not exceeding fifty pounds and, in the case of a second or any subsequent such offence, to a fine not exceeding one hundred pounds or imprisonment for any period not exceeding six months or to both such fine and imprisonment.
(4) For the purposes of this section—
(a) inspection of a record or document shall include taking copies thereof or extracts therefrom; and
(b) a demand for inspection of a record or other document shall be deemed to have been duly made by an inspector to the person by whom a levy or to whom a bounty is payable under this Act if such demand is made verbally at the address of such person to such person or to the manager, secretary, book-keeper or other member of the clerical staff of such person; and
(c) a refusal or failure to produce a record or other document for inspection if made or committed by a person employed on premises which are owned or occupied by a person by whom a levy or to whom a bounty is payable under this Act shall be deemed to have been made or committed by the owner of such premises.
Returns by manufacturers, etc.
46.—(1) The Minister may by order make regulations for all or any of the following purposes, that is to say, prescribing the returns to be made by persons registered in a register kept in pursuance of this Act and by manufacturers, vendors, purchasers, exporters, and importers of butter or of any milk product, and the persons by whom, the times at which, and the form in which such returns are to be made.
(2) Every person who is required by regulations made under this section to make any return prescribed by such regulations shall duly make such return in accordance with such regulations, and if any such person shall fail or neglect so to make such return he shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding twenty pounds.
Cancellation of registration of premises on conviction or failure to pay levy, etc.
47.—(1) If the registered proprietor of any premises registered under the Dairy Produce Act, 1924 (No. 58 of 1924), is convicted of an offence under any section of this Act or fails or neglects to pay to the Minister any levy required to be paid by him under this Act, or fails or neglects to keep any record or make any return required by this Act to be kept or made by him, the Minister may cancel the registration of such premises.
(2) Before cancelling the registration of any premises under this section the Minister shall give at least one fortnight's notice in writing of his intention so to cancel 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.
Publication of information.
48.—(1) The Minister may publish in such manner as he may think fit notice of any conviction for an offence under any section of this Act.
(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 condition of the butter trade as he may think fit.
Classification in relation to a central marketing organisation.
49.—Every reference in this Act to the definition by the Minister of different classes of a substance shall be construed as including classification by reference to exportation, sale, marketing, importation or other dealing by a central marketing organisation operating under rules approved by the Minister and a similar dealing by any other person.
Prosecution of offences.
50.—Every offence under any section of this Act may be prosecuted by or at the suit of the Minister as prosecutor.
FIRST SCHEDULE.
Rates of Bounty on Butter and on Milk Products.
£ | s. | d. | ||
1. On creamery butter which was delivered on sale in Saorstát Eireann and on which a levy at the appropriate rate was paid | 3 | 4 | 0 | per cwt. |
2. On all other creamery butter | 1 | 5 | 0 | per cwt. |
3. On non-creamery butter which was in the ownership and possession of the exporter thereof on the 31st day of March, 1935 | 1 | 12 | 8 | per cwt. |
4. On all other non-creamery butter | 1 | 5 | 0 | per cwt. |
5. On tinned cream | 7 | 6 | per cwt. | |
6. On bulk cream the milk-fat content of which is 50 per cent, and upwards | 10½ | per gallon | ||
7. On bulk cream the milk-fat content of which is less than 50 per cent | 5¼ | per gallon | ||
8. On raw cheese | 8 | 0 | per cwt. | |
9. On processed cheese | 8 | 0 | per cwt. | |
10. On condensed milk (full cream) | 2 | 8 | per cwt. | |
11. On dried or powdered milk (full cream) | 8 | 0 | per cwt. |
SECOND SCHEDULE.
Minimum Prices of Creamery Butter.
£ | s. | d. | ||
1. On creamery butter delivered or forwarded to the purchaser in the county borough of Dublin, the county of Dublin, or the urban district of Bray— | ||||
(i) in the case of a consignment of not less than 20 cwts. | 7 | 1 | 0 | per cwt. |
(ii) in the case of a consignment of less than 20 cwts. | 7 | 5 | 0 | per cwt. |
2. On all other creamery butter— | ||||
(i) in the case of a consignment of not less than 5 cwts. | 7 | 1 | 0 | per cwt. |
(ii) in the case of a consignment of less than 5 cwts. | 7 | 5 | 0 | per cwt. |