First Previous (PART I. Amendment of the Principal Act.) Next (PART III. Miscellaneous and General.)

36 1930

AGRICULTURAL PRODUCE (EGGS) ACT, 1930

PART II.

The Register of Preservers.

Avoidance of existing registrations in register of preservers.

15. —Every registration of premises in the register of preservers existing at the passing of this Act shall, immediately upon such passing, become and be void and of no effect.

Conditions of registration of premises in register of preservers.

16. —The Minister shall, before registering any premises in the register of preservers under the Principal Act, be satisfied that such premises comply with the following conditions, that is to say:—

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

(b) that the premises contain adequate accommodation for the storage therein of eggs and of packages of eggs in such manner that the eggs and packages so stored are accessible for inspection under the Principal Act as amended by this Act.

Fees on application for registration in register of preservers.

17. —There shall be paid to the Minister by the person applying for the registration of any premises in the register of preservers the fee of one pound and the payment of such fee shall be a condition precedent to the entertainment of the application by the Minister.

Prohibition of business of preserving eggs in unregistered premises.

18. —(1) It shall not be lawful for any person to carry on by way of trade or gain in premises which are not registered in the register of preservers the business of preserving eggs, whether by cold storage, chemical storage, pickling, or otherwise.

(2) If any person acts in contravention of this section he shall be guilty of an offence under this section and shall be liable on summary conviction thereof, in the case of a first offence, to a fine not exceeding twenty pounds and, in the case of a second or any subsequent offence, to a fine not exceeding fifty pounds or, at the discretion of the court, to imprisonment for any term not exceeding six months or to both such fine and such imprisonment.

(3) This section shall not come into force until the expiration of three months from the passing of this Act.

General regulations for marking preserved eggs.

19. —The Minister may make regulations (in this Act referred to as the general regulations for the marking of preserved eggs) in relation to all or any of the following matters, that is to say:—

(a) the marks to be borne on eggs sent or consigned to or removed from any premises registered in the register of preservers;

(b) the mode in and the means by which such marks are to be placed on such eggs;

and different marks may be prescribed in respect of different classes of eggs with the object of indicating the manner in which such eggs are intended to be or have been treated in such premises.

Prohibition of sending or receiving unmarked eggs.

20. —(1) Subject to the provisions of this section, it shall not be lawful for any person to send or consign to or deliver at any premises registered in the register of preservers any eggs which at the time of such sending, consigning, or delivery are not marked in accordance with the general regulations for the marking of preserved eggs.

(2) Subject to the provisions of this section, it shall not be lawful for the registered proprietor of premises registered in the register of preservers to accept on such premises delivery of any eggs which are not marked in accordance with the general regulations for the marking of preserved eggs or to receive into such premises any eggs not so marked.

(3) If any person acts in contravention of this section he shall be guilty of an offence under this section and shall be liable on summary conviction thereof, in the case of a first offence, to a fine not exceeding ten pounds and, in the case of a second or any subsequent offence, to a fine not exceeding twenty pounds or, at the discretion of the court, to imprisonment for any term not exceeding six months or to both such fine and such imprisonment.

(4) The Minister may by order made under this sub-section declare that the foregoing provisions of this section shall not apply in the case of eggs intended to be preserved by a particular process or processes specified in such order, and whenever any such order is made and is in force these provisions shall not apply to eggs intended to be preserved by the particular process or processes specified in such order.

(5) An order under the foregoing sub-section may be revoked, amended, or varied by an order made by the Minister under this sub-section.

Prohibition of removal, etc., of unmarked eggs.

21. —(1) It shall not be lawful for the registered proprietor of any premises registered in the register of preservers to sell, consign, or otherwise remove from such premises any eggs which do not bear visibly and legibly thereon the marks prescribed by the general regulations for the marking of preserved eggs.

(2) It shall not be lawful for any person to purchase at any premises registered in the register of preservers any eggs which do not bear visibly and legibly thereon the marks prescribed by the general regulations for the marking of preserved eggs or to accept delivery from any such premises of any eggs which do not bear visibly and legibly thereon such marks.

(3) If any person acts in contravention of this section he shall be guilty of an offence under this section and shall be liable on summary conviction thereof in the case of a first offence, to a fine not exceeding ten pounds and, in the case of a second or any subsequent offence, to a fine not exceeding twenty 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.

Prohibition of removal, etc., of marks from preserved eggs.

22. —If any person—

(a) removes, alters, or obliterates from or on any egg a mark prescribed by the general regulations for the marking of preserved eggs, or

(b) sells, exchanges, or barters, or offers or exposes for sale, exchange, or barter any egg from or on which a mark prescribed by the general regulations for the marking of preserved eggs has been removed, altered, or obliterated,

he shall, unless he proves that he acted without intent to defraud, be guilty of an offence under this section and be liable on summary conviction thereof, in the case of a first offence, to a fine not exceeding ten pounds and, in the case of a second or any subsequent offence, to a fine not exceeding twenty 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.

Register to be kept on premises registered in register of preservers.

23. —(1) It shall be the duty of the registered proprietor of every premises registered in the register of preservers to keep or cause to be kept in such premises a register in the prescribed form of all eggs received at and despatched from such premises and within twelve hours after the reception or dispatch of any such eggs to enter or cause to be entered in such register the prescribed particulars in relation to such eggs.

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

(3) If any registered proprietor—

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

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

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

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

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

(4) For the purposes of this section—

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

(b) a demand for inspection of a register or other document shall be deemed to have been duly made to the registered proprietor if such demand is made verbally on the registered premises to any person in the employment of the registered proprietor; and

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

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

(5) Section 13 of the Principal Act shall cease to have effect in relation to premises registered in the register of preservers.