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41 1934

AGRICULTURAL PRODUCE (CEREALS) ACT, 1934

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.