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41 1934

AGRICULTURAL PRODUCE (CEREALS) ACT, 1934

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.