Number 41 of 1934.
AGRICULTURAL PRODUCE (CEREALS) ACT, 1934.
ARRANGEMENT OF SECTIONS
Preliminary and General.
Section | |
Amendment and Extension of the Principal Act and the Agricultural Produce (Cereals) (Amendment) Act, 1933.
Operation of Part IV of this Act.
Provisions in Relation to the Sale and Purchase of Oats and Barley, and the Milling of Oatmeal.
Prohibition of carrying on business of oatmeal milling by unregistered persons. | |
Restriction on Milling of Wheat.
Oat-kernels milled with wheat to be deemed wheat for purposes of quota. | |
Restriction on Sale by Holders of Milling Licences of Wheaten Flour and Flour of which Wheaten Flour is a Component Part.
Records to be kept by holders of milling licences during currency of a sale (composite flour) order. |
Restriction on Manufacture of Bread, etc. from Wheaten Flour.
Penalty for breach of restriction on manufacture (bread) order. | |
Wheaten Flour in Possession of Persons other than Registered Flour Importers and Holders of Milling Licences.
Notification of compliance or non-compliance with compulsory sale orders. |
Grain Warehousing and Grain Drying by the State.
Penalties for Certain Offences.
Acts Referred to | |
No. 7 of 1933 | |
No. 49 of 1933 | |
Number 41 of 1934.
AGRICULTURAL PRODUCE (CEREALS) ACT, 1934.
PART I.
Preliminary and General.
Short title and citation.
1.—This Act may be cited as the Agricultural Produce (Cereals) Act, 1934, and the Agricultural Produce (Cereals) Act, 1933 (No. 7 of 1933), the Agricultural Produce (Cereals) (Amendment) Act, 1933 (No. 49 of 1933), and this Act may be cited together as the Agricultural Produce (Cereals) Acts, 1933 and 1934.
Definitions.
2.—In this Act—
the expression “the Principal Act” means the Agricultural Produce (Cereals) Act, 1933 (No. 7 of 1933);
the expressions “holder of a milling licence” “registered flour importer” and “registered maize miller” have the meanings respectively assigned to them by the Principal Act;
the word “inspector of the Minister for Industry and Commerce” means a person authorised in writing by the Minister for Industry and Commerce to exercise the powers conferred on an inspector of the Minister for Industry and Commerce by this Act;
the expression “inspector of the Minister for Agriculture” means a person authorised in writing by the Minister for Agriculture to exercise the powers conferred on an inspector of the Minister for Agriculture by this Act.
Expenses.
3.—All expenses incurred in carrying this Act into execution shall, to such extent as may be sanctioned by the Minister for Finance, be paid out of moneys provided by the Oireachtas.
PART II.
Amendment and Extension of the Principal Act and the Agricultural Produce (Cereals) (Amendment) Act, 1933.
Interpretation of Part II.
4.—Every word and expression used in this Part of this Act to which a particular meaning is given by the Principal Act for the purposes of that Act has in this Part of this Act the meaning so given to it.
Amendment of definition of “flour” in the Principal Act.
5.—The definition of the word “flour” contained in section 3 of the Principal Act is hereby amended by the substitution of the words “the finely-reduced product of wheat obtained by sifting the ground endosperm of the wheat berry through a standard bolting cloth, not coarser than a No. 9 standard bolting cloth, the bran and pollard of the wheat having been removed by suitable milling processes;” for the words, “any flour obtained from wheat but does not include meal derived from wheat or offals of wheat” now contained therein, and the Principal Act and this Part of this Act shall be construed and have effect with due regard to the modification of the said expression effected by the said amendment.
Variation of quota for preliminary quota period.
6.—Where an order has been made under section 27 of the Principal Act fixing the quota for a mill in respect of the preliminary quota period for such mill, the Minister for Industry and Commerce may, before the 1st day of July in such preliminary quota period, by order increase or reduce such quota, and whenever any such order is made in respect of a mill the quota for such mill in respect of the preliminary period shall, notwithstanding anything contained in section 27 of the Principal Act, be for the purposes of the Principal Act the quota fixed by such first-mentioned order, as increased or reduced by such last-mentioned order.
Amendment of section 28 of the Principal Act.
7.—(1) Section 28 of the Principal Act is hereby amended in the following respects and the said section shall be construed and have effect accordingly, that is to say:—
(a) by the insertion in sub-section (2) thereof of the words “the whole or” before the words “a certain specified proportion of the quota” now contained therein; and
(b) by the substitution in the said sub-section (2) of the words “not exceeding the amount specified in such licence,” for the words “not in excess of the said proportion” now contained therein.
(2) This section shall have and be deemed to have had effect as from the commencement of Part II of the Principal Act.
Over production of wheaten meal.
8.—(1) If any holder of a milling licence in respect of a particular mill, to whom a licence has been granted under sub-section (2) of section 28 of the Principal Act, as amended by this Act, authorising him to mill into wheaten meal a certain specified proportion of the quota for such mill in respect of the preliminary quota period or a specified quota year, mills into wheaten meal during the preliminary quota period or such year at such mill an amount of wheat exceeding the amount specified in such last-mentioned licence, such holder shall be guilty of an offence under this section and shall be liable on summary conviction thereof to the penalties mentioned in Part III of the Schedule to this Act.
(2) An offence under this section may be prosecuted by or at the suit of the Minister for Industry and Commerce as prosecutor.
Amendment of section 30 of the Principal Act.
9.—(1) Section 30 of the Principal Act is hereby amended by the insertion therein of the following sub-section in lieu of sub-section (1), as amended by section 7 of the Agricultural Produce (Cereals) (Amendment) Act, 1933 (No. 49 of 1933), now contained therein, and the said section shall be construed and have effect accordingly, that is to say:—
“(1) Where, in any preliminary quota period or quota year for a mill in respect of which a milling licence is in force during such period or year, there is milled at such mill an amount of wheat which is in excess of the quota for such mill in respect of such period or year, the following provisions shall have effect, that is to say:—
(a) in case the quota for such mill in respect of such period or year does not exceed one thousand barrels of wheat and the amount of wheat milled at such mill in such period or year exceeds one thousand barrels of wheat, the holder of such licence shall, subject to the provisions of paragraph (c) of this sub-section, at the expiration of such period or year, pay to the Minister a sum calculated at the rate of three shillings for every four hundred pounds of wheat milled at such mill in such period or year in excess of one thousand barrels;
(b) in case the quota for such mill in respect of such period or year exceeds one thousand barrels of wheat, the holder of such milling licence shall subject to the provisions of paragraph (c) of this sub-section, at the expiration of such period or year, pay to the Minister—
(i) where the difference (in this sub-section referred to as the said difference) between the quota for such mill in respect of such period or year and the amount of wheat milled into flour at such mill in such period or year does not exceed three thousand barrels, a sum calculated at the rate of three shillings for every four hundred pounds of wheat milled at such mill in such period or year in excess of the quota, and
(ii) where the said difference exceeds three thousand but does not exceed four thousand barrels, a sum equal to the total of the following namely, three hundred and fifteen pounds and a sum calculated at the rate of five shillings for every four hundred pounds of wheat milled at such mill in such period or year in excess of three thousand barrels,
(iii) where the said difference exceeds four thousand but does not exceed five thousand barrels, a sum equal to the total of the following, namely, four hundred and ninety pounds, and a sum calculated at the rate of ten shillings for every four hundred pounds of wheat milled at such mill in such period or year in excess of four thousand barrels,
(iv) where the amount of the said difference exceeds five thousand barrels, but does not exceed six thousand barrels, a sum equal to the total of the following, namely, eight hundred and forty pounds and a sum calculated at the rate of twenty shillings for every four hundred pounds of wheat milled at such mill in such period or year in excess of five thousand barrels,
(v) where the amount of the said difference exceeds six thousand barrels, a sum equal to the total of the following, namely, one thousand five hundred and forty pounds, and a sum calculated at the rate of thirty shillings for every four hundred pounds of wheat milled at such mill in such period or year in excess of six thousand barrels;
(c) where the holder of such licence satisfies the Minister that during such period or year he has exported flour derived from wheat milled at such mill in such period or year, the Minister may, if he so thinks fit, deem the quota for such mill in respect of such period or year, to be for the purposes of this sub-section but not further or otherwise, the actual quota for such mill in respect of such period or year together with an amount of wheat which, in the opinion of the Minister, represents the wheat from which the flour so exported was derived.”
(2) This section shall have and be deemed to have had effect as from the 1st day of August, 1934.
Amendment of section 31 of the Principal Act.
10.—Section 31 of the Principal Act is hereby amended by the insertion in sub-section (2) of the said section after the words “with such regulations” now contained therein of the words “or who makes in any such return any statement which is false or misleading in any material respect,” and the said section shall be construed and have effect accordingly.
Amendment of section 32 of the Principal Act.
11.—In making regulations in relation to any matter or thing referred to in sub-section (1) of section 32 of the Principal Act as prescribed the Minister for Industry and Commerce may make different regulations in relation to mills the quota for which does not exceed one thousand barrels and in relation to other mills.
Additional records to be kept by holders of milling licences.
12.—(1) It shall be the duty of every person who is the holder of a milling licence to keep at such place as the Minister for Industry and Commerce may appoint, in addition to any records which he may be required, by the Principal Act or by any other provision of this Act, to keep, a record in such form as the said Minister may direct of all wheat purchased by him, and within twenty-four hours after any such purchase to enter in the said record such particulars thereof, as the said Minister may direct.
(2) Sub-sections (2) (3) and (4) of section 32 of the Principal Act shall apply in respect of records required to be kept by this section in like manner as those sub-sections apply in respect of records required to be kept by sub-section (1) of the said section 32, subject to the following modifications, that is to say:—
(a) the references in paragraphs (b), (c), and (e) of the said sub-section (4) to the appointed place shall be construed as a reference to the place appointed by the Minister for Industry and Commerce under sub-section (1) of this section, and
(b) paragraph (d) of the said sub-section (4) shall not apply.
Amendment of section 34 of the Principal Act.
13.—(1) Section 34 of the Principal Act shall be construed and have effect as if there were substituted in paragraph (b) of sub-section (3) thereof the words “within seven days after the service of such notice” for the words “before the expiration of such notice” now contained therein, and the words “within seven days after the service of such notice” for the words “before such expiration” now contained therein.
(2) The following provisions shall have effect in relation to every inquiry held under sub-paragraph (ii) of paragraph (b) of sub-section (3) of section 34 of the Principal Act, that is to say:—
(a) the Minister for Industry and Commerce shall appoint a fit and proper person to hold such inquiry, and the person so appointed shall have power to take evidence on oath which he is hereby authorised to administer:
(b) the said Minister shall give to the person in relation to whom such inquiry is to be held notice of the time and place of the holding of such inquiry, and such person shall be entitled to appear at such inquiry by counsel or solicitor and to adduce evidence.
Revocation of milling licences.
14.—Where the holder of a milling licence is convicted of an offence under any section of this Act, such holder shall, for the purposes of section 34 of the Principal Act, be deemed to have been convicted of an offence under the Principal Act, and the said section 34, as amended by this Act, shall apply and have effect accordingly.
Publication of matters relating to flour milling.
15.—(1) The Minister for Industry and Commerce may publish in such manner as he may think fit:—
(a) particulars of all or any milling licences and milling (home-grown wheat) permits issued by him;
(b) notice of the cancellation or alteration by him of any milling licence or milling (home-grown wheat) permit.
(2) No individual return or part of a return furnished in pursuance of Part II of the Principal Act shall be published or disclosed except for the purposes of a prosecution under the Principal Act or this Act.
(3) The Minister for Industry and Commerce may from time to time collect and publish such statistical information (including statistics derived from returns made to him pursuant to Part II of the Principal Act), with respect to the extent of the businesses carried on by holders of milling licences and milling (home-grown wheat) permits, as he may think fit.
(4) So far as is reasonably practicable, no statistical information published under the immediately preceding sub-section shall contain any particulars which would enable any person to identify such particulars as being particulars relating to any individual person, business or concern without the consent in writing of that person or of the proprietor of that business or concern.
Amendment of section 36 of the Principal Act.
16.—(1) Section 36 of the Principal Act is hereby amended by the insertion therein of the following sub-section in lieu of sub-section (1) now contained therein and the said section shall be construed and have effect accordingly, that is to say:—
“(1) The Minister, after consultation with the Minister for Agriculture, may, if he so thinks fit, grant to any person a permit (in this section referred to as a milling (home-grown wheat) permit) to mill home-grown wheat at any specified mill, other than a mill in respect of which such person is the holder of a milling licence.”
(2) This section shall have and be deemed to have had effect as from the commencement of Part II of the Principal Act.
Amendment of section 54 of the Principal Act.
17.—Sub-section (2) of section 54 of the Principal Act shall be construed and have effect as if there were substituted the words “insert in such register the name of such person in lieu of that of the person previously registered therein” for the words “delete the existing entry of such premises on such register and register such person in such register in respect of such premises” now contained therein.
Amendment of sections 55 and 57 of the Principal Act.
18.—(1) Section 55 of the Principal Act shall cease to apply in respect of registered manufacturers of compound feeding stuffs.
(2) Section 55 of the Principal Act is hereby amended by the insertion in sub-section (3) of the said section after the words “with such regulations” now contained therein of the words “or who makes in any such return any statement which is false or misleading in any material respect”, and the said section shall be construed and have effect accordingly.
(3) Section 57 of the Principal Act shall cease to apply in respect of persons registered in the register of manufacturers of compound feeding stuffs, premises entered in such register, and registered manufacturers of compound feeding stuffs.
(4) Section 57 of the Principal Act is hereby amended by the insertion in paragraph (c) of sub-section (2) of the said section after the words “into a maize meal mixture” now contained therein of the words “of the quantities of maize meal mixture brought on to such premises,” and the said section shall be construed and have effect accordingly.
Amendment of section 58 of the Principal Act.
19.—Section 58 of the Principal Act is hereby amended by the deletion of paragraph (a) of sub-section (4) of the sub-section and the said section shall be construed and have effect accordingly.
Amendment of section 61 of the Principal Act.
20.—(1) Section 61 of the Principal Act shall be construed and have effect as if—
(a) the following paragraph were inserted in sub-section (4) thereof in lieu of paragraph (e) now contained therein, that is to say:—
“(e) there has, in the opinion of the appropriate Minister, been any contravention (whether by way of commission or omission) of this Act or any regulations made thereunder by the person registered in such register,” and
(b) there were substituted in paragraph (b) of sub-section (5) thereof the words “within seven days after the service of such notice” for the words “before the expiration of such notice”now contained therein; and the words “within seven days after the service of such notice” for the words “before such expiration” now contained therein.
(2) The following provisions shall have effect in relation to every inquiry held under sub-paragraph (ii) of paragraph (b) of sub-section (5) of section 61 of the Principal Act, that is to say:—
(a) the Minister who causes such inquiry to be held shall appoint a fit and proper person to hold such inquiry, and the person so appointed shall have power to take evidence on oath which he is hereby authorised to administer;
(b) the said Minister shall give to the person in relation to whom such inquiry is to be held notice of the time and place of the holding of such inquiry, and such person shall be entitled to appear at such inquiry by counsel or solicitor and to adduce evidence.
Amendment of section 68 of the Principal Act.
21.—(1) Paragraph (c) of Part I of the form set out in sub-section (1) of section 68 of the Principal Act is hereby amended by the substitution of the words “prescribed with the consent of the Minister for Finance in relation to” for the words “of three months next preceding the commencement of” now contained therein.
(2) Where—
(a) any home-grown millable wheat is sold by any person to the holder of a milling licence, and
(b) the flour or meal to be derived from such wheat after it has been milled is intended to be sold by such holder to such person,
no sale (home-grown wheat) certificate shall, notwithstanding anything contained in section 68 of the Principal Act, be made in respect of the sale of such wheat.
(3) If a sale (home-grown wheat) certificate is made in contravention of this section each of the persons who made such certificate shall be guilty of an offence under this section and shall be liable on summary conviction thereof to the penalties mentioned in Part I of the 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.
Amendment of section 70 of the Principal Act.
22.—In ascertaining, in accordance with sub-section (1) of section 70 of the Principal Act, the amount per barrel paid for home-grown millable wheat sold during any sale (wheat) season, a fraction of a penny which is less than a halfpenny shall be disregarded and a fraction of a penny which equals or exceeds a halfpenny shall be treated as a penny.
Amendment of section 71 of the Principal Act.
23.—(1) No wheat bounty shall be payable under section 71 of the Principal Act on any fraction of a barrel of wheat.
(2) Where—
(a) home-grown millable wheat has been sold by any person to the holder of a milling licence, and
(b) such person would, but for this sub-section, be entitled to be paid a wheat bounty in respect of such wheat, and
(c) such holder sells to such person some or all of the flour or meal derived from such wheat and no other wheat,
no wheat bounty shall, notwithstanding anything contained in section 71 of the Principal Act, be paid to such person in respect of such wheat.
(3) Section 71 of the Principal Act is hereby amended in the following respects and shall be construed and have effect accordingly, that is to say:—
(a) by the substitution in sub-section (1) thereof of the words “prescribed with the consent of the Minister for Finance in relation to” for the words “of three months before the commencement of” now contained therein; and
(b) by the substitution in paragraph (a) of sub-section (2) thereof of the words “prescribed with the consent of the Minister for Finance in relation to” for the words “of three months next preceding the commencement of” now contained therein.
Amendment of section 80 of the Principal Act.
24.—Section 80 of the Principal Act is hereby amended by the insertion therein of the following sub-section in lieu of sub-section (2) now contained therein and the said section shall be construed and have effect accordingly, that is to say:—
“(2) It shall not be lawful for any person, other than a registered maize importer, to sell any maize unless under and in accordance with a licence granted by the Minister.”
Amendment of section 82 of the Principal Act.
25.—Section 82 of the Principal Act is hereby amended in the following respects and shall be construed and have effect accordingly, that is to say:—
(a) by the substitution in sub-sections (1) and (3) of the said section of the word “oat-kernels” for the words “the kernels only of oats” wherever the latter words occur; and
(b) by the insertion at the end of the said section of the following new sub-section, that is to say:—
“(6) In this section the word “oat-kernel” means the part of an oat remaining after such oat has been subjected to a process whereby the hull or shell of such oat has been removed either wholly or to such an extent that the portion of such hull or shell remaining does not exceed in weight two and one-half per cent. of the weight of the said part of such oat remaining after subjection to such process.”
Amendment of section 83 of the Principal Act.
26.—Section 83 of the Principal Act is hereby amended by the insertion in paragraph (a) of sub-section (1) of the said section after the word “package” now contained therein of the words “and there is printed on such package or on a label securely fixed thereto the name and address of the manufacturer” and the said section shall be construed and have effect accordingly.
Amendment of section 85 of the Principal Act.
27.—Section 85 of the Principal Act is hereby amended by the deletion of paragraph (a) of sub-section (1) of the said section, and the said section shall be construed and have effect accordingly.
Amendment of section 86 of the Principal Act.
28.—Section 86 of the Principal Act is hereby amended by the insertion therein of the following sub-section in lieu of sub-section (1) of the said section now contained therein, and the said section shall be construed and have effect accordingly, that is to say:—
“(1) It shall not be lawful for any person to import into Saorstát Eireann any commodity in the preparation of which wheat or any product of wheat is used unless—
(a) such commodity is imported under and in accordance with a licence granted under this Part of this Act by the Minister for Industry and Commerce, or
(b) such commodity is less than five pounds in weight and ten shillings in value, and it either is imported as private effects in passenger's baggage or is imported by parcels post and shown to the satisfaction of the Revenue Commissioners to have been sent by a person who is not a trader dealing in such commodity and to be intended as a gift for the personal use of the person to whom it is addressed.”
Amendment of section 92 of the Principal Act.
29.—Section 92 of the Principal Act is hereby amended by the insertion in sub-section (1) thereof of the following paragraph in lieu of paragraphs (c), (d), (e), and (f) of the said sub-section now contained therein, and the said section shall be construed and have effect accordingly, that is to say:—
“(c) any commodity in preparation of which wheat or any product of wheat is used.”
Provisions in relation to sale of compound feeding stuffs.
30.—(1) It shall not be lawful for any person to sell, expose for sale, or offer for sale any compound feeding stuff unless—
(a) in the case of a compound feeding stuff not manufactured in Saorstát Eireann, there is printed on the package containing such compound feeding stuff or on a label securely affixed to such package the name and address of the manufacturer and a statement in the prescribed form that such compound feeding stuff was imported into Saorstát Eireann under a licence issued by the Minister for Agriculture, and
(b) in the case of a compound feeding stuff manufactured in Saorstát Eireann, there is printed, on the package containing such compound feeding stuff or on a label securely affixed to such package, a statement in the prescribed form that such compound feeding stuff was manufactured in Saorstát Eireann under a licence issued by the Minister for Agriculture and the number of such licence.
(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 I of the Schedule to this Act.
(3) The Minister for Agriculture may by order make regulations in relation to the form referred to in sub-section (1) of this section as prescribed, and the word “prescribed” in the said sub-section means prescribed by regulations made under this sub-section.
(4) An offence under this section may be prosecuted by or at the suit of the Minister for Agriculture as prosecutor.
Restriction on re-sale of imported wheat by holders of milling licences.
31.—(1) Where any imported wheat is purchased by the holder of a milling licence from a registered wheat importer it shall not be lawful for such holder, otherwise than under and in accordance with a licence granted by the Minister for Agriculture under this section, to sell such wheat or to dispose of such wheat otherwise than by milling.
(2) The Minister for Agriculture may attach to any licence granted under this section such conditions as he thinks fit, and may revoke any such licence at any time.
(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 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.
Repeal of certain provisions of the Principal Act.
32.—The following provisions of the Principal Act are hereby repealed, that is to say, sub-section (4) of section 98, and sections 102, 103 and 104.
Financial provisions in relation to Part VIII of the Principal Act.
33.—(1) All moneys (other than moneys provided by the Oireachtas) received by the Minister for Industry and Commerce in respect of any business carried on by him under Part VIII of the Principal Act shall be paid into or disposed of for the benefit of the Exchequer in such manner as the Minister for Finance may direct.
(2) All moneys (other than moneys provided by the Oireachtas) received by the Minister for Agriculture in respect of any business carried on by him under Part VIII of the Principal Act shall be paid into or disposed of for the benefit of the Exchequer in such manner as the Minister for Finance may direct.
Reports under Part VIII of the Principal Act.
34.—(1) The Minister for Industry and Commerce shall as soon as may be after the end of every financial year, during which Part VIII of the Principal Act is in force, prepare and lay before each House of the Oireachtas a report of his proceedings under the said Part VIII during such financial year.
(2) The Minister for Agriculture shall as soon as may be after the end of every financial year, during which Part VIII of the Principal Act is in force, prepare and lay before each House of the Oireachtas a report of his proceedings under the said Part VIII during such financial year.
Amendment of section 13 of the Agricultural Produce (Cereals) (Amendment) Act, 1933.
35.—Section 13 of the Agricultural Produce (Cereals) (Amendment) Act, 1933 (No. 49 of 1933), is hereby amended in the following respects, and shall be construed and have effect and be deemed always to have had effect accordingly, that is to say:—
(a) by the deletion of the word “average”where it first occurs therein; and
(b) by the substitution of the words “later than one month” for the words “less than one month” now contained therein.
PART III.
Operation of Part IV of this Act.
Order bringing Part IV of this Act into force.
36.—(1) Whenever and so often as the Minister for Agriculture is of opinion that it is expedient in the public interest that Part IV of this Act should be put into operation, he may by order declare that Part IV of this Act shall come into operation.
(2) Whenever and so often as an order is made under this section, Part IV of this Act shall forthwith come into force and shall, subject to the provisions of the next following section, continue in force.
(3) Whenever and so often as the Minister for Agriculture makes an order under this section, the said Minister shall by such order fix a day to be the appointed day for the purposes of Part IV of this Act, and references to the appointed day in the said Part IV shall, in relation to the period during which the said Part IV is in force by virtue of such order, be construed as references to the day so fixed by such order.
Cesser of operation of Part IV of this Act.
37.—(1) Whenever Part IV of this Act is in force the Minister may by order declare that Part IV shall cease to be in force.
(2) Whenever and so often as an order is made under this section, Part IV of this Act shall from and after the 1st day of August next following such order cease to be in force.
(3) Whenever and so often as Part IV of this Act ceases to be in force by virtue of an order under this section, such cesser shall not, in relation to the period, during which the said Part was for the time being in force, ending immediately before such cesser, affect—
(a) the previous operation of the said Part or anything duly done or suffered under the said Part; or
(b) any right, privilege, obligation or liability, acquired, accrued or incurred under the said Part; or
(c) any penalty, forfeiture, or punishment incurred in respect of any offence under any section contained in the said Part; or
(d) any investigation, legal proceeding, or remedy in respect of any such right, privilege, obligation, penalty, forfeiture or punishment, as aforesaid; and
any such investigation, legal proceeding, or remedy may be instituted, continued or enforced, and any such penalty, forfeiture, or punishment may be imposed, as if the said Part IV had not ceased to be in force.
PART IV.
Provisions in Relation to the Sale and Purchase of Oats and Barley, and the Milling of Oatmeal.
Definitions in relation to Part IV.
38.—In this Part of this Act the expression “the Minister” means the Minister for Agriculture;
the word “prescribed” means prescribed by regulations made by the Minister under this Part of this Act.
Regulations under Part IV.
39.—The Minister may by order make regulations in relation to any matter or thing referred to in this Part of this Act as prescribed.
Prosecution of offences under Part IV.
40.—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.
Registers to be kept by the Minister for Agriculture.
41.—(1) The Minister shall cause to be kept—
(a) a register to be called and known as the register of dealers in oats and barley, and
(b) a register to be called and known as the register of oatmeal millers.
(2) There shall be entered in every such register the matters required by this Part of this Act to be entered therein.
(3) References in this Part of this Act to a register shall be construed as references to a register kept under this section.
Applications for registration.
42.—(1) Any person who carries on or proposes to carry on the business of purchasing home-grown oats or barley or both for resale to holders of milling licences, registered maize millers, or registered oatmeal millers may, in accordance with this section, apply to the Minister to be registered in the register of dealers in oats and barley in respect of any premises at which he carries on or proposes to carry on such business.
(2) Any person who carries on or proposes to carry on the business of milling oats into oatmeal may, in accordance with this section, apply to the Minister to be registered in the register of oatmeal millers in respect of any premises at which he carries on or proposes to carry on such business.
(3) The following provisions shall have effect in relation to applications made under this section, that is to say:—
(a) where a person desires to be registered in either register in respect of two or more sets of premises he shall send a separate application for registration in respect of each set of premises;
(b) where a person desires to be registered in both registers he shall send a separate application for registration in respect of each register;
(c) every application for registration in any register shall be in the prescribed form and contain the prescribed particulars and shall specify the premises in respect of which the applicant applies to be registered in such register.
(4) In making regulations in relation to any matter or thing referred to in this section as prescribed, different regulations may be made in respect of applications for registration in different registers.
(5) References in this Part of this Act to an original application for registration shall be construed as references to an application for registration made under this section.
Registration of persons.
43.—(1) On receipt of an application for registration in a particular register under and in accordance with the immediately preceding section the Minister shall, subject to the provisions of this section, enter in such register the name and address of the applicant and particulars of the premises specified in such application in respect of which registration is sought.
(2) The Minister may refuse to register an applicant for registration in the register of dealers in oats and barley if, in his opinion, the registration of such applicant is, having regard to the number of persons already registered in such register, not desirable in the public interest.
(3) References in this Part of this Act to a registered oat and barley dealer and a registered oatmeal miller shall be construed as references to a person for the time being registered in the register of dealers of oats and barley and a person for the time being registered in the register of oatmeal millers respectively.
Registration in respect of additional premises.
44.—Where any person, who is registered in any register in respect of any set of premises, applies to the Minister to have such registration extended to any additional premises, attached to or adjoining such set of premises, the Minister shall, upon receipt of such application, extend such registration accordingly.
Fees on applications for registration.
45.—(1) There shall be paid to the Minister by the applicant on every original application for registration in any register and on every application under the immediately preceding section a fee of one pound.
(2) All fees paid under this section shall be collected in money and taken in such manner as the Minister for Finance may from time to time direct, and shall be paid into or disposed of for the benefit of the Exchequer in accordance with the directions of the Minister for Finance.
(3) The Public Offices Fees Act, 1879, shall not apply in respect of any fees payable under this section.
Change of registration on death or transfer of business.
46.—(1) Where any person registered in any register dies the Minister shall, on the application of the personal representative of such person, insert in the said register the name of such personal representative in lieu of that such person.
(2) Where the ownership of any business carried on at premises entered in any register has been transferred to another person, the Minister shall, on the application of such person, insert in such register the name of such person in lieu of that of the person previously registered therein.
Returns by registered persons.
47.—(1) The Minister may by order make regulations in relation to all or any of the following matters, that is to say:—
(a) the returns to be made to him by registered oat and barley dealers and registered oatmeal millers;
(b) the times at which such returns are to be made;
(c) the forms in which such returns are to be made.
(2) Every person required by regulations made under this section to make any return who fails or refuses to make such return in accordance in all respects with such regulations or who makes in any such return any statement which is 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 the penalties mentioned in Part II of the First Schedule to this Act.
Records to be kept at registered premises.
48.—(1) On and after the appointed day it shall be the duty of every person registered in any register in respect of any premises to keep or cause to be kept at the appointed place in the prescribed form the following records, that is to say:—
(a) if such premises are entered in the register of dealers in oats and barley, records of all oats and barley purchased by him and brought on to or dealt with at such premises, and of the prices paid for such oats and barley, and of all dispositions of such oats and barley; or
(b) if such premises are entered in the register of oatmeal millers, records of all oats purchased by him and brought on to such premises and of all dispositions of such oats;
and within twenty-four hours after such purchases or dispositions to enter or cause to be entered in such records the prescribed particulars thereof.
(2) Every record kept in pursuance of this section may be inspected at any time during office hours by an inspector of the Minister for Agriculture and it shall be the duty of the person liable under this section to keep such record to produce for the inspection of such inspector on demand such record 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 record.
(3) If any person liable under this section to keep a record in respect of any premises—
(a) fails to keep or cause to be kept at the appointed place such record as is required by this section, or
(b) fails to make or cause to be made in such record within the time fixed 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 record, 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 record any entry which is false or misleading in any material particular,
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 I of the First Schedule to this Act.
(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 an inspection of a record required by this section to be kept in respect of any premises or of any other document reasonably demanded by an inspector under this section for the purpose of verifying any entry in or explaining any omission from such record shall be deemed to have been duly made to the person liable under this section to keep such record if such demand is made verbally at the appointed place to any individual in the employment of such person; and
(c) a refusal or failure to produce a record required by this section to be kept in respect of any premises or of any other document reasonably demanded by an inspector under this section for the purpose of verifying any entry in or any omission from such record if made or committed at the appointed place by an individual in the employment of the person liable under this section to produce such record or account shall be deemed to have been made or committed by such person; and
(d) the expression “the appointed place” in relation to any premises entered in the register of dealers in oats and barley means—
(i) where such premises are used for the storage of oats and barley—
I. In case the office work in connection with such premises is carried on at a building in the vicinity of but not forming part of such premises, such building, and
II. In any other case, the place in such premises where such office work is carried on; and
(ii) where such premises consist of offices only, such premises;
(e) the expression “the appointed place” in relation to any premises entered in the register of oatmeal millers, means—
(i) in case the office work in connection with such premises is carried on at a building in the vicinity of but not forming part of such premises, such building, and
(ii) in any other case, the place at such premises where such office work is carried on;
(f) the expression “office hours” means—
(i) in relation to any day (not being a Sunday, a bank holiday, or a locally observed holiday or half-holiday), 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 at the appointed place; and
(ii) in relation to any locally observed half-holiday, any time between the hours of ten o'clock in the morning and one o'clock in the afternoon during which business is being carried on or work is being done at the appointed place.
Custody of and evidence of contents of registers.
49.—(1) The registers shall respectively 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;
(b) admissible in evidence without further proof on production from the proper custody.
(2) Prima facie evidence of any entry in any register may be given in any legal proceeding by the production of a copy of such entry certified to be a true copy under the seal of the Minister.
(3) A certificate under the seal of the Minister that any person specified in such certificate is not registered in any specified register or registers shall in any legal proceedings be prima facie evidence of the facts so certified.
(4) Any person may—
(a) obtain a copy, certified in manner hereinbefore mentioned to be a true copy, of any entry in any register on payment to the Minister of the fee of one shilling;
(b) obtain such certificate as is hereinbefore mentioned that any specified person is not registered in one of the said registers kept by the Minister on payment to the Minister of the fee of one shilling.
(5) All fees paid under this section shall be collected in money and taken in such manner as the Minister for Finance may from time to time direct, and shall be paid into or disposed of for the benefit of the Exchequer in accordance with the directions of the Minister.
(6) The Public Offices Fees Act, 1879, shall not apply in respect of any fees paid under this section.
Publication of contents of registers, etc.
50.—(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 by him; and
(b) notice of the cancellation or alteration by him of the registration of any person registered in a register kept by him.
(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) with respect to the extent of the businesses carried on by persons registered in any register kept by him as he may think fit.
(4) So far as is reasonably practicable, no statistical information published under the immediately preceding sub-section shall contain any particulars which would enable any person to identify such particulars as being particulars relating to any individual person, business or concern.
Inspection of registered premises.
51.—(1) An inspector of the Minister for Agriculture shall be entitled at all reasonable times to enter any premises entered in any register and there examine any oats and barley found on such premises and take reasonable samples of such oats and barley.
(2) Every person who obstructs or impedes any inspector of the Minister for Agriculture 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 in the case of a first offence under this section, to a fine not exceeding five pounds, or in the case of a second or any subsequent offence under this section, to a fine not exceeding ten pounds.
Alteration or cancellation of registration.
52.—(1) The Minister may, at any time, alter or cancel the registration of any person in any register upon the application of such person, or, in the case of an individual, his personal representative or, in the case of a body corporate, the liquidator.
(2) The Minister may, at any time, without such application as aforesaid alter any registration in any register 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 any registration in any register if—
(a) he is satisfied that the registration was procured through fraud or by misrepresentation; or
(b) the person registered in such register has ceased to carry on the business in respect of which he was so registered; or
(c) the person registered in such register, if an individual has died, or, if a body corporate, has been dissolved and no other person has within three months after such death or dissolution, been registered in the place of the registered person so dead or dissolved; or
(d) the person registered in such register has been adjudicated a bankrupt; or
(e) he is of opinion that there has been any contravention (whether by way of commission or omission) of this Act or any regulations made thereunder by the person registered in such register.
(4) Before altering or cancelling (otherwise than in accordance with an application in that behalf made under this section) the registration of any person, the Minister shall give at least one month's notice in writing to such person or his personal representative (if any) or its liquidator (as the case may be) stating his intention so to alter or cancel such registration and the reasons therefor, and whenever any such notice is so given the following provisions shall have effect, that is to say:—
(a) the Minister shall not alter or cancel such registration until the expiration of such notice; and
(b) where any representations are made within seven days after the service of such notice by the person to whom such notice is given, the following provisions shall have effect, that is to say:—
(i) the Minister shall consider such representations and,
(ii) unless as a result of such consideration the decides not to alter or cancel such registration, the Minister, in case such person within seven days after the service of such notice, requests that an inquiry be held in relation to the matter, shall or, in any other case if he thinks fit so to do, may cause such inquiry to be held, and
(iii) where the Minister causes any such inquiry to be held, he shall not alter or cancel such registration until such inquiry has concluded; and
(c) the following provisions shall have effect in relation to every inquiry held under this sub-section, that is to say:—
(i) the Minister shall appoint a fit and proper person to hold such inquiry, and the person so appointed shall have power to take evidence on oath which he is hereby authorised to administer;
(ii) the Minister shall give to the person in relation to whom such inquiry is to be held notice of the time and place of the holding of such inquiry, and such person shall be entitled to appear at such inquiry by counsel or solicitor and to adduce evidence.
(5) A notice of the Minister's intention to cancel or alter a registration may be served by delivering it to the person to whom it is addressed or by sending it by post to the person to whom it is addressed at his last known place of abode.
Restriction on purchase of oats and barley.
53.—(1) On and after the appointed day it shall not be lawful for any holder of a milling licence, any registered maize miller, or any registered oatmeal miller who is not also a registered dealer in oats and barley, to purchase any oats or barley from any person unless such person is a registered dealer in oats and barley.
(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 I of the Schedule to this Act.
Prohibition of carrying on business of oatmeal milling by unregistered persons.
54.—(1) On and after the appointed day it shall not be lawful for any person to carry on the business of milling oats into oatmeal unless—
(a) such person is a registered oatmeal miller, and
(b) such business is carried on at premises in respect of which he is registered in the register of oatmeal millers.
(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 Schedule to this Act.
Minimum prices for home-grown oats.
55.—(1) The Minister may, whenever and so often as he thinks fit, by order under this sub-section do the following things, that is to say:—
(a) divide, by reference to bushel weights, home-grown oats into such and so many classes as he thinks proper, and
(b) fix in respect of each class of such home-grown oats, the minimum price, in terms of a rate per hundredweight and on the basis that such oats are to be delivered carriage paid at the premises of the purchaser, to be paid by registered oat and barley dealers therefore,
(c) prohibit the sale to or purchase by registered oat and barley dealers of home-grown oats of a particular class at a price less than the price fixed by such order for home-grown oats of that class.
(2) The Minister may by order under this sub-section revoke or amend an order made under sub-section (1) of this section or under this sub-section.
(3) If any person sells or purchases any oats in contravention of an order made under sub-section (1) 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 I of the Schedule to this Act.
Minimum prices for home-grown barley.
56.—(1) The Minister may, whenever and so often as he thinks fit, by order under this sub-section do the following things, that is to say:—
(a) divide, by reference to bushel weights, home-grown barley into such and so many classes as he thinks proper, and
(b) fix, in respect of each class of home-grown barley, the minimum price, in terms of a rate per hundredweight and on the basis that such barley is to be delivered carriage paid at the premises of the purchaser, to be paid by registered oat and barley dealers therefore,
(c) prohibit the sale to or purchase by registered oat and barley dealers of home-grown barley of a particular class at a price less than the price fixed by such order for home-grown barley of that class.
(2) The Minister may by order under this sub-section revoke or amend an order made under sub-section (1) of this section or under this sub-section.
(3) If any person sells or purchases any barley in contravention of an order made under sub-section (1) 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 I of the Schedule to this Act.
PART V.
Restriction on Milling of Wheat.
Definitions in relation to Part V.
57.—In this Part of this Act—
the expression “the Minister” means the Minister for Industry and Commerce;
the expression “wheaten flour” means the finely reduced product of wheat obtained by sifting the ground endosperm of the wheat berry through a standard bolting cloth, not coarser than No. 9 standard bolting cloth, the bran and pollard of the wheat having been removed by suitable milling processes;
the word “oat-kernel” means the part of an oat remaining after such oat has been subjected to a process whereby the hull or shell of such oat has been removed either wholly or to such an extent that the portion of such hull or shell remaining does not exceed in weight two and one-half per cent. of the weight of the said part of such oat remaining after subjection to such process.
Milling (composite flour) orders.
58.—(1) The Minister may, whenever and so often as he thinks proper, by order (in this Act referred to as the milling (composite flour) order) require that where any wheat is milled into flour there shall be mixed with such wheat before milling a quantity of oat-kernels equal to the proportion of such wheat for the time being fixed by such order.
(2) Every milling (composite flour) order shall specify the date on which such order is to come into force and the date so specified shall be a day not earlier than the fourteenth day after the making of such order.
(3) Every milling (composite flour) order shall be published in the Iris Oifigiúil as soon as conveniently may be after it is made.
(4) The Minister may at any time by order revoke or amend an order previously made by him under this section, including an order made under this sub-section amending a previous order.
(5) Before making any order under this section the Minister shall first consult the Minister for Agriculture.
(6) No product of the milling of a mixture of wheat and oat-kernels made in pursuance of a milling (composite flour) order shall be a compound feeding stuff within the meaning of section 8 of the Principal Act.
Restriction on milling wheat.
59.—(1) Whenever and so long as a milling (composite flour) order is in force, it shall not be lawful for the holder of a milling licence to mill any wheat into flour unless—
(a) such wheat is so milled in accordance with such order, or
(b) such wheat is so milled under and in accordance with a licence issued to such holder by the Minister under this Part of this Act.
(2) If any holder of a milling licence acts in contravention of this section such holder shall be guilty of an offence under this section and shall be liable on summary conviction thereof to the penalties mentioned in Part I of the Schedule to this Act.
(3) An offence under this section may be prosecuted by or at the suit of the Minister as prosecutor.
Occasional licences to mill wheat into wheaten flour.
60.—(1) Where a milling (composite flour) order has been made, the Minister may, whenever and so often as he thinks proper, on the application of the holder of a milling licence in respect of a particular mill, issue to such holder a licence (in this section referred to as an occasional licence) expressed to authorise such holder to mill a specified amount of wheat into wheaten flour at such mill on a specified day.
(2) Every occasional licence shall operate to authorise the holder of the milling licence in respect of a particular mill specified in such occasional licence to mill into wheaten flour at such mill on the day specified in such occasional licence wheat not exceeding the quantity specified in such occasional licence.
Oat-kernels milled with wheat to be deemed wheat for purposes of quota.
61.—Whenever during the continuance in force of a milling (composite flour) order any wheat milled into flour at a particular mill is so milled in accordance with such order, the holder of the milling licence in respect of such mill shall be deemed for the purposes of sub-section (1) of section 28 of the Principal Act to have milled into wheaten flour at such mill an amount of wheat equal to the total of the wheat actually milled and the oat-kernels mixed therewith.
Records to be kept by holders of milling licences during currency of a milling (composite flour) order.
62.—(1) Whenever a milling (composite flour) order is in force it shall be the duty of every person who is the holder of a milling licence in respect of a mill to keep at the appointed place, in addition to any records which he may be required by the Principal Act or any other provision of this Act to keep, the following records in the prescribed form, that is to say:—
(a) a record of all purchases and dispositions of oats, and oat-kernels, and
(b) a record of all oats (if any) dehulled at such mill, and
(c) a record of the quantities of oat-kernels and wheat milled at such mill into flour in accordance with such order, and of all dispositions of such flour,
and within twenty-four hours after the completion of any such purchases, dehullings, millings, or dispositions to enter in the said records the prescribed particulars thereof.
(2) Sub-sections (2), (3) and (4) of section 32 of the Principal Act shall apply in relation to records required by this section to be kept in like manner as the said sub-sections apply to records required by sub-section (1) of section 32 of the Principal Act to be kept.
(3) The expression “the appointed place” has in this section the meaning assigned to it by paragraph (d) of sub-section (4) of section 32 of the Principal Act.
(4) The Minister may by order make regulations in relation to any matter or thing referred to in sub-section (1) of this section as prescribed, and the word “prescribed” in the said sub-section (1) means prescribed by regulations made under this sub-section.
(5) Where a licence has been granted, under sub-section (2) of section 28 of the Principal Act, as amended by this Act, authorising the holder of a milling licence in respect of a particular mill to mill into wheaten meal the whole of the quota for such mill in respect of the preliminary quota period (if any) or a specified quota year, the provisions of this section shall not apply in respect of such holder in relation to such mill during such preliminary quota period or quota year.
Restrictions on sale of imported wheaten flour.
63.—(1) Whenever a milling (composite flour) order is in force, it shall not be lawful for any registered flour importer to sell any imported wheaten flour unless such wheaten flour is sold to another registered flour importer, the holder of a milling licence or the Minister or such wheaten flour is sold under and in accordance with a licence issued by the Minister under this section.
(2) If any registered flour importer acts in contravention of this section such registered flour importer shall be guilty of an offence under this section and shall be liable on summary conviction thereof to the penalties mentioned in Part I of the Schedule to this Act.
(3) Where a registered flour importer acts in contravention of this section such registered flour importer shall, for the purposes of section 61 of the Principal Act, as amended by this Act, be deemed to have acted in contravention of the Principal Act, and the said section 61, as so amended, shall apply and have effect accordingly.
(4) An offence under this section may be prosecuted by or at the suit of the Minister as prosecutor.
(5) The Minister may on the application of a registered flour importer grant to such importer a licence expressed to authorise such importer, subject to compliance with such conditions as he thinks fit to impose, to sell imported wheaten flour to a specified person without limit as to time or quantity or either of them or within a specified time or in a specified quantity.
(6) Every licence granted under this section to a registered flour importer shall operate to authorise such importer, subject to compliance with such conditions (if any) as may be specified therein, to sell imported wheaten flour to the person specified therein either (as may be specified therein) without limit as to time or quantity or either of them or within a specified time or in a specified quantity.
PART VI.
Restriction on Sale by Holders of Milling Licences of Wheaten Flour and Flour of which Wheaten Flour is a Component Part.
Definitions in relation to Part VI.
64.—In this Part of this Act—
the expression “the Minister” means the Minister for Industry and Commerce;
the expression “wheaten flour” means the finely-reduced product of wheat obtained by sifting the ground endosperm of the wheat berry through a standard bolting cloth, not coarser than a No. 9 standard bolting cloth, the bran and pollard of the wheat having been removed by suitable milling processes;
the word “oat-kernel” means the part of an oat remaining after such oat has been subjected to a process whereby the hull or shell of such oat has been removed either wholly or to such an extent that the portion of such hull or shell remaining does not exceed in weight two and one-half per cent. of the weight of the said part of such oat remaining after subjection to such process;
the expression “oaten flour” means flour derived from milling oat kernels.
Standard milk powder.
65.—The Minister, after consultation with the Minister for Agriculture, may by order make regulations prescribing the standards to which milk powder must conform in order to be classed as standard milk powder for the purposes of this Part of this Act, and references in this Part of this Act to standard milk powder shall be construed as references to milk powder which conforms to the standards prescribed by regulations made under this section and for the time being in force.
Sale (composite flour) order.
66.—(1) The Minister may, whenever and so often as he thinks proper, by order (in this Act referred to as a sale (composite flour) order) do the following things, that is to say:—
(a) prohibit the sale by any holder of a milling licence of wheaten flour unless under and in accordance with a licence issued by the Minister under this Part of this Act; and
(b) do any one of the following things, that is to say:—
(i) prohibit the sale, by any holder of a milling licence, of any flour of which wheaten flour is a component part unless such flour is composed of wheaten flour and not less than the percentage of oaten flour for the time being fixed by such order, or
(ii) prohibit the sale by any holder of a milling licence of any flour of which wheaten flour is a component part unless such flour contains not less than the percentage of standard milk powder for the time being fixed by such order, or
(iii) prohibit the sale by any holder of a milling licence of any flour of which wheaten flour is a component part, unless such flour is composed of wheaten flour and not less than the percentage of oaten flour for the time being fixed by such order, and contains no less than the percentage of standard milk powder for the time being fixed by such order.
(2) Flour which, in pursuance of a sale (composite flour) order, contains standard milk powder shall not be a compound feeding stuff within the meaning of section 8 of the Principal Act.
(3) Every sale (composite flour) order shall specify the date on which such order is to come into force and the date so specified shall not be earlier than the fourteenth day after the making of such order.
(4) Every sale (composite flour) order shall be published in the Iris Oifigiúil as soon as conveniently may be after it is made.
(5) The Minister may at any time by order revoke or amend an order previously made by him under this section, including an order made under this sub-section amending a previous order.
Penalty for breach of sale (composite flour) order.
67.—(1) If, whenever and so long as a sale (composite flour) order is in force, any holder of a milling licence acts in contravention of such order, such holder shall be guilty of an offence under this section and shall be liable on summary conviction thereof to the penalties mentioned in Part I of the Schedule to this Act.
(2) An offence under this section may be prosecuted by or at the suit of the Minister as prosecutor.
Sale (wheaten flour) licence.
68.—(1) Where a sale (composite flour) order has been made, the Minister may, whenever and so often as he thinks proper, on the application of the holder of any milling licence issue to such holder a licence (in this Act referred to as a sale (wheaten flour) licence) expressed to authorise such holder to sell wheaten flour under and in accordance with the terms of such sale (wheaten flour) licence.
(2) The Minister may attach to any sale (wheaten flour) licence such conditions as he may think fit as to the amount of wheaten flour which may be sold under such licence the time within which and the persons or classes of persons to whom such wheaten flour may be sold.
(3) Every sale (wheaten flour) licence shall operate to authorise the person named therein to sell wheaten flour not exceeding the quantity specified in such licence but subject to the conditions of such licence.
Records to be kept by holders of milling licences during currency of a sale (composite flour) order.
69.—(1) Whenever a sale (composite flour) order is in force it shall be the duty of every person who is the holder of a milling licence in respect of a mill to keep at the appointed place, in addition to any records which he may be required by the Principal Act or any other provision of this Act to keep the following records in the prescribed form, that is to say:—
(a) in case such order prohibits the sale by any holder of a milling licence of any flour of which wheaten flour is a component part unless such flour contains oaten flour—
(i) a record of all purchases and dispositions of oats oat-kernels and oaten flour,
(ii) a record of the quantity of oat-kernels milled into oaten flour,
(iii) a record of the quantities of oaten flour and wheaten flour mixed at such mill and of all dispositions of such mixture;
(b) in case such order prohibits the sale by any holder of a milling licence unless such flour contains standard milk powder—
(i) a record of all purchases and dispositions of standard milk powder,
(ii) a record of the quantities of standard milk powder mixed with wheaten flour or flour containing wheaten flour and oaten flour at such mill and of all dispositions of such mixture;
and within twenty-four hours after the completion of such purchases, millings, mixings or dispositions to enter in the said records the prescribed particulars thereof.
(2) Sub-sections (2), (3) and (4) of section 32 of the Principal Act shall apply in respect of records required by this section to be kept in like manner as the said sub-sections apply in respect of records required by sub-section (1) of the said section 32 to be kept.
(3) The expression “the appointed place” has in this section the meaning assigned to it by paragraph (d) of sub-section (4) of section 32 of the Principal Act.
(4) The Minister may by order make regulations in relation to any matter or thing referred to in sub-section (1) of this section as prescribed, and the word “prescribed” in the said sub-section (1) means prescribed by regulations made under this sub-section.
(5) Where a licence has been granted, under sub-section (2) of section 28 of the Principal Act, as amended by this Act, authorising the holder of a milling licence in respect of a particular mill to mill into wheaten meal the whole of the quota for such mill in respect of the preliminary quota period (if any) or a specified quota year, the provisions of this section shall not apply in respect of such holder in relation to such mill during such preliminary quota period or quota year.
PART VII.
Restriction on Manufacture of Bread, etc. from Wheaten Flour.
Definitions in relation to Part VII.
70.—In this Part of this Act—
the expression “the Minister” means the Minister for Industry and Commerce;
the expression “wheaten flour” means the finely-reduced product of wheat obtained by sifting the ground endosperm of
the wheat berry through a standard bolting cloth, not coarser than a No. 9 standard bolting cloth the bran and pollard of the wheat having been removed by suitable milling processes.
Prosecution of offences under Part VII.
71.—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 manufacture (bread) order.
72.—(1) The Minister may, whenever and so often as he thinks proper, by order (in this Act referred to as a restriction on manufacture (bread) order) prohibit the manufacture for sale from wheaten flour of any bread, buns, or cakes otherwise than under and in accordance with a licence issued under this Part of this Act.
(2) Every restriction on manufacture (bread) order shall specify the date on which such order shall come into force and the date so specified shall not be earlier than the fourteenth day after the making of such order.
(3) Every restriction on manufacture (bread) order shall be published in the Iris Oifigiúil as soon as conveniently may be after it is made.
(4) The Minister may by order revoke a restriction on manufacture (bread) order.
Penalty for breach of restriction on manufacture (bread) order.
73.—(1) Whenever a restriction on manufacture (bread) order is in force it shall not be lawful for any person to manufacture for sale from wheaten flour any bread, buns or cakes otherwise than under and in accordance with a licence issued 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 on summary conviction thereof be liable to the penalties mentioned in Part I of the Schedule to this Act.
Manufacture (wheaten bread) licence.
74.—(1) Whenever a restriction on manufacture (bread) order is in force the Minister may, if he so thinks proper, on the application of any person issue a licence (in this Act referred to as manufacture (wheaten bread) licence) expressed to authorise such person to manufacture for sale from wheaten flour bread, buns, or cakes or any of them under and in accordance with the terms of such licence.
(2) The Minister may attach to any manufacture (wheaten bread) licence such conditions as he may think fit as to the amount of bread, buns, or cakes or any of them which may be manufactured from wheaten flour under such licence and the time within which such manufacture may be carried out.
(3) Every manufacture (wheaten bread) licence shall operate to authorise the person named therein to manufacture for sale from wheaten flour bread, buns and cakes, or any of them not exceeding the amount specified in such licence, but subject to the conditions of such licence.
Inspection of premises of manufacturers of bread, etc.
75.—(1) Whenever a restriction on manufacture (bread) order is in force, any inspector of the Minister for Industry and Commerce may enter at any reasonable time any premises on which the business of manufacturing for sale bread, buns or cakes is carried on, and inspect and take samples of any flour, bread, buns or cakes on such premises.
(2) Every person who obstructs or impedes an inspector of the Minister for Industry and Commerce 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, in the case of a first offence under this section, a fine not exceeding five pounds or, in the case of a second or any subsequent offence under this section, a fine not exceeding ten pounds.
PART VIII.
Wheaten Flour in Possession of Persons other than Registered Flour Importers and Holders of Milling Licences.
Definitions in relation to Part VIII.
76.—In this Part of this Act—
the expression “the Minister” means the Minister for Industry and Commerce;
the expression “wheaten flour” means the finely-reduced product of wheat obtained by sifting the ground endosperm of the wheat berry through a standard bolting cloth, not coarser than a No. 9 standard bolting cloth, the bran and pollard of the wheat having been removed by suitable milling processes.
Prosecution of offences under Part VIII.
77.—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.
Returns of wheaten flour in possession of certain persons.
78.—(1) The Minister may, whenever and so often as he thinks proper, by order (in this Part of this Act referred to as a returns (wheaten flour) order) require every person (other than a person who is a registered flour importer or the holder of a milling licence), who, on the day on which such order is made, has in his possession or at his disposal any quantity of wheaten flour in excess of twenty-eight thousand pounds, to send to the Minister, not later than five days after the publication of such order in the Iris Oifigiúil, a return of the quantity of wheaten flour in his possession or at his disposal on the said day and of the place or places where such flour is stored.
(2) Every return made in pursuance of a returns (wheaten flour) order shall be verified by a statutory declaration made by the person required to make such return or, where such person is a corporate body, by a director or principal officer of such body corporate.
(3) Every returns (wheaten flour) order shall be published in the Iris Oifigiúil as soon as conveniently may be after it is made.
(4) If whenever a returns (wheaten flour) order is made, any person, who is required by such order to make a return to the Minister, fails, neglects, or refuses to make, in accordance with this section, to the Minister, within five days after the publication of such order in the Iris Oifigiúil, the return required by such order to be made by him, or makes in any such return any statement which is false or misleading in any material respect, 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 I of the Schedule to this Act.
Inspection of stocks of wheaten flour.
79.—(1) Whenever a returns (wheaten flour) order is made any inspector of the Minister for Industry and Commerce or any member of the Gárda Síochána may enter at any reasonable time any premises on which he has reason to believe any wheaten flour is stored and inspect and take samples of any flour on such premises.
(2) Every person who obstructs or impedes any inspector of the Minister for Industry and Commerce or member of the Gárda Síochána 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, in the case of a first offence under this section, a fine not exceeding five pounds or, in the case of a second or any subsequent offence under this section, a fine not exceeding ten pounds.
Compulsory sale orders.
80.—(1) Where—
(a) a returns (wheaten flour) order is made, and
(b) the Minister is satisfied that any person (other than a registered flour importer or a holder of a milling licence) had, on the day on which such order was made, in his possession or at his disposal any quantity of wheaten flour exceeding twenty-eight thousand pounds,
the Minister may, not later than twenty days after the publication of such returns (wheaten flour) order in the Iris Oifigiúil, serve an order (in this Part of this Act referred to as a compulsory sale order) on such person and on such other person, being the holder of a milling licence, as the Minister may select, requiring such first-mentioned person to sell to such other person and such other person to purchase from such first-mentioned person within a specified time a specified amount of wheaten flour, not greater than such excess, at such price and subject to such conditions as to carriage and delivery as the Minister may fix and specify in such compulsory sale order.
(2) In this Part of this Act the expressions “the vendor” and “the purchaser” in relation to a compulsory sale order mean respectively the person required by such order to sell and the person required by such order to purchase the wheaten flour to which such order relates.
Service of compulsory sale orders.
81.—(1) Where a compulsory sale order is permitted by this Act to be served on any person, such order shall be served on such person in one or other of the following ways, that is to say:—
(a) by delivering to such person a copy of such order certified to be a true copy under the Official Seal of the Minister;
(b) by sending by post in a prepaid registered letter addressed to such person at the address at which he carries on business a copy of such order certified to be a true copy under the Official Seal of the Minister.
(2) For the purposes of this section, a company registered in Saorstát Eireann under the Companies Acts, 1908 to 1924, shall be deemed to carry on business at its registered office, and every other body corporate and every unincorporated body shall be deemed to carry on business at its principal office or place of business.
Effect of service of compulsory sale order.
82.—(1) Where a compulsory sale order has been duly served on the vendor and purchaser under such order, the following provisions shall have effect, that is to say:—
(a) the vendor and the purchaser shall be deemed to have entered into a contract in terms of the requirements of such order;
(b) if the requirements of such order are not complied with,
(i) the vendor shall, unless he proves to the satisfaction of the Court that such non-compliance was due to the acts or default of the said purchaser, be guilty of an offence under this section, and,
(ii) the purchaser shall, unless he proves to the satisfaction of the Court that such non-compliance was due to the acts or default of the said vendor, be guilty of an offence under this section.
(2) Every person guilty of an offence under this section shall be liable on summary conviction thereof to the penalties mentioned in Part I of the Schedule to this Act.
Notification of compliance or non-compliance with compulsory sale orders.
83.—(1) Where a compulsory sale order has been duly served on the vendor and purchaser under such order, the vendor and the purchaser shall each send ot the Minister not later than three days after the time limited by such order for compliance therewith—
(a) in case such order has been complied with, a statement to that effect;
(b) in case such order has not been complied with, a statement setting out the reasons for such non-compliance.
(2) Every statement sent under this section shall be verified by a statutory declaration made by the person required to send such statement or, where such person is a corporate body, by a director or principal officer of such body corporate.
(3) If any person fails neglects or refuses to send to the Minister in accordance with this section the statement required by this section to be sent by him, 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 III of the Schedule to this Act.
PART IX.
Grain Warehousing and Grain Drying by the State.
Commencement of Part IX.
84.—This Part of this Act shall come into operation on such day as may be fixed by order of the Minister for Agriculture.
Definition in relation to Part IX.
85.—In this Part of this Act—
the expression “the Minister” means the Minister for Agriculture.
Prosecution of offences under Part IX.
86.—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.
Information from owners of grain stores and grain kilns.
87.—(1) The Minister may serve notice in writing on the owner of any grain store or grain kiln requiring such owner to furnish to him within twenty-eight days after the service of such notice such particulars in relation to such store or kiln (as the case may be) as may be specified in such notice.
(2) If any person on whom a notice is served under this section refuses or neglects to furnish the particulars required by such notice, or furnishes any such particulars which are false or misleading in any material respect, such person shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding twenty pounds.
(3) A notice under this section may be served by delivering it to the person to whom it is addressed or by sending it by registered post to the person to whom it is addressed at his last known place of abode.
Inspection of grain stores and grain kilns.
88.—(1) An inspector of the Minister of Agriculture may, upon giving to the owner of a grain store or grain kiln at least one month's notice in writing by registered letter addressed to him at his last known place of abode, enter upon the land on which such store or kiln is situate and inspect such store or kiln.
(2) If any person obstructs any inspector in the exercise of the powers conferred on him 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 ten pounds.
Compulsory acquisition of grain stores and grain kilns.
89.—(1) Subject to the provisions of this section the Minister may, with the consent of the Minister for Finance, acquire compulsorily for the purposes of this Part of this Act any land together with every right of way, water right or other easement used and enjoyed in connection therewith.
(2) For the purpose of the acquisition of land under this section the Lands Clauses Acts shall be incorporated with this Act subject to the following modifications, that is to say:—
(a) the provisions relating to the sale of superfluous land and access to the special Act and section 133 (which relates to land tax and poor's rate) of the Lands Clauses Consolidation Act, 1845, shall not be incorporated with this Act, and
(b) in the construction of this Act and the incorporated Acts, this Act shall be deemed to be the special Act and the Minister for Agriculture shall be deemed to be the promoter of the undertaking, and
(c) the bond required by section 85 of the Lands Clauses Consolidation Act, 1845, shall be under the seal of the Minister and shall be sufficient without the addition of the sureties mentioned in that section.
(3) Land which is subject to a land purchase annuity or the subject of a land purchase agreement or vested or in course of being vested in the Irish Land Commission shall not be acquired under this section without the consent of the Irish Land Commission.
(4) The Minister shall not acquire under this section any land held or occupied by a local authority or any body corporate for the purposes of any railway, tramway, dock, canal, water, gas, electricity, or other public undertaking.
Acquisition of land by agreement.
90.—The Minister may, with the consent of the Minister for Finance, by agreement acquire or take on lease any land for the purposes of this Part of this Act.
Erection of grain stores and grain kilns.
91.—The Minister may erect on any land acquired by him under this Part of this Act a grain store or a grain kiln.
Warehousing and drying of cereals by the Minister.
92.—The Minister may carry on the business of warehousing cereals or the business of drying cereals on any land acquired by him under this Part of this Act and for that purpose may do all such acts and things as he may consider necessary for the carrying on of such business as a commercial undertaking.
Sale and leasing of land.
93.—(1) The Minister may, with the consent of the Minister for Finance, sell any land acquired by him under this Part of this Act and also the good will and stock in trade and other assets of any business carried on by him on such land in pursuance of this Part of this Act at such price as he may think proper.
(2) The Minister may, with the consent of the Minister for Finance, lease at such rent as he may think proper any land acquired by him under this Part of this Act.
(3) Any moneys received on a sale or under a lease made under this section shall be paid into or disposed of for the benefit of the Exchequer in such manner as the Minister for Finance may direct.
Supplemental financial provisions in relation to Part IX.
94.—All moneys (other than moneys provided by the Oireachtas) received by the Minister in respect of any business carried on by him under this Part of this Act shall be paid into or disposed of for the benefit of the Exchequer in such manner as the Minister for Finance may direct.
Reports by the Minister under Part IX.
95.—The Minister shall as soon as may be after the end of every financial year during which this Part of this Act is in force, prepare and lay before each House of the Oireachtas a report of his proceedings under this Part of this Act during such financial year.
SCHEDULE.
Penalties for Certain Offences.
Part I.
In the case of a first offence under the relevant section, a fine not exceeding one hundred pounds, or, in the case of a second or any subsequent such offence, a fine not exceeding two hundred and fifty pounds or at the discretion of the Court imprisonment for any term not exceeding six months or both such fine and imprisonment.
Part II.
In the case of a first offence under the relevant section, a fine not exceeding fifty pounds, or in the case of a second or any subsequent such offence, a fine not exceeding one hundred pounds or at the discretion of the Court imprisonment for any term not exceeding six months or both such fine and imprisonment.
Part III.
In the case of a first offence under the relevant section, a fine not exceeding twenty-five pounds, or, in the case of a second or any subsequent such offence, a fine not exceeding fifty pounds.