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41 1934

AGRICULTURAL PRODUCE (CEREALS) ACT, 1934

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.