First Previous (PART III. Regulation of Production and Sale of Bacon.)

24 1935

PIGS AND BACON ACT, 1935

PART IV.

Regulation of Prices of Pigs and Carcases.

Definitions for purposes of Part IV.

116. —In this Part of this Act—

the expression “factory-purchased pig” means a pig delivered at licensed premises or premises registered in the register of minor curers upon terms that the price of such pig is to be determined after slaughter;

the expression “non-factory-purchased pig” means a pig purchased upon terms which do not constitute such pig a factory-purchased pig;

the expression “authorised officer of the Pigs Marketing Board” means a person authorised in writing by the Pigs Marketing Board to exercise the powers conferred on an authorised officer of the Pigs Marketing Board by this Part of this Act;

the word “prescribed” means prescribed by regulations made by the Pigs Marketing Board under this Part of this Act.

Constitution of the Pigs Marketing Board.

117. —(1) There shall be established in accordance with this Part of this Act a board (in this Part of this Act referred to as the Board) to be styled and known as the Pigs Marketing Board to fulfil the functions assigned to it by this Part of this Act.

(2) The Board shall be a body corporate with perpetual succession and an official seal (which shall be judicially noticed) and power to sue and to be sued in its corporate name and to hold and dispose of land.

(3) The Board shall consist of seven members, namely, a Chairman (in this Part of this Act referred to as the Chairman) and six ordinary members (in this Part of this Act referred to as the ordinary members) elected or nominated in the manner hereinafter mentioned.

The Chairman of the Pigs Marketing Board.

118. —(1) The Minister shall as soon as may be necessary after the commencement of this Part of this Act and thereafter as occasion requires nominate a person to be the Chairman.

(2) The Chairman shall hold office during the pleasure of the Minister.

(3) Whenever the Chairman is through ill-health or other-sufficient cause temporarily incapacitated from performing the duties of his office the Minister may nominate a person to perform during such incapacity the duties of the Chairman and the person so appointed shall during such incapacity have all the powers of the Chairman and be deemed for the purposes of this Part of this Act to be the Chairman.

(4) There shall be paid by the Board to every person nominated under the immediately preceding sub-section such remuneration and such allowances for expenses as the Minister may appoint.

The ordinary members of the Pigs Marketing Board.

119. —(1) Of the ordinary members three (in this Part of this Act referred to as curer members) shall be elected in accordance with this Act by the Bacon Marketing Board and three (in this Part of this Act referred to as producer members) shall be nominated in accordance with this Act.

(2) The curer members shall be persons who are ordinary members of the Bacon Marketing Board.

(3) The producer members shall be persons who are representative of pig producers in Saorstát Eireann.

Election of curer members of Pigs Marketing Board.

120. —(1) The Bacon Marketing Board shall at its first meeting in the year 1935 and at each triennial meeting of the Bacon Marketing Board elect three curer members.

(2) If the Bacon Marketing Board fails to elect at its first meeting or any triennial meeting three curer members the Minister shall, not later than five days after such meeting, nominate three or such less number as circumstances require of ordinary members of the Bacon Marketing Board to be curer members and the persons so nominated shall for all purposes be deemed to have been duly elected at such meeting as curer members.

Nomination of producer members.

121. —Not later than five days after each election of curer members, the Minister shall nominate three persons to be producer members.

Establishment of the Pigs Marketing Board.

122. —(1) Within one month after the completion of the first nomination of producer members, the Minister shall publish in the Iris Oifigiúil a notice declaring the Board to be established as from a date (subsequent to the publication of such notice) to be specified in such notice and thereupon the Board shall for all purposes be deemed to have been duly established on the date so specified.

(2) In this Part of this Act all references to the date of the establishment of the Board shall be construed as referring to the date on which the Board is by virtue of this section deemed to have been established.

Term of office of ordinary members.

123. —(1) Every curer member and every producer member (other than a person appointed to fill a casual vacancy) shall, unless he sooner dies, resigns, or becomes disqualified, hold office—

(a) in case he was elected or nominated in the year 1935, from the date of the establishment of the Board until the 10th day of January, 1937;

(b) in case he was elected or nominated in any other year, for a period of three years from the 11th day of January in such year.

(2) A curer member or a producer member retiring on the expiration by effluxion of time of his term of office shall be eligible for re-election or re-nomination.

Resignation and disqualification of ordinary members of Pigs Marketing Board.

124. —(1) An ordinary member may at any time resign his office as such member by a letter addressed and sent to the secretary of the Board and every such resignation shall take effect at the commencement of the meeting of the Board held next after the receipt of such letter by the secretary.

(2) If and whenever any ordinary member is adjudged bankrupt, or makes a composition or arrangement with his creditors, or is sentenced by a court of competent jurisdiction to suffer imprisonment or penal servitude, or ceases to be ordinarily resident in Saorstát Eireann, or absents himself without the consent of the Board from all meetings of the Board for a period of three months, or, in the case of a curer member, ceases to be a member of the Bacon Marketing Board, he shall cease to hold office as an ordinary member.

Filling of casual vacancies amongst ordinary members of Pigs Marketing Board.

125. —(1) Whenever a vacancy (in this section referred to as a casual vacancy) occurs in the membership of the Board by reason of the death, resignation or disqualification of an ordinary member, the Chairman shall notify the Minister of such vacancy, and the Minister shall, in case such ordinary member was a curer member, appoint one of the ordinary members of the Bacon Marketing Board who is not then a member of the Pigs Marketing Board to fill such vacancy or, in case such ordinary member was a producer member, appoint a person representative of pig producers to fill such vacancy.

(2) Every person appointed to fill a casual vacancy shall, unless he sooner dies, resigns or becomes disqualified, hold office as an ordinary member for the residue of the term of office for which the member whose death, resignation or disqualification occasioned the vacancy would have held office if he had not died, resigned or become disqualified.

Appointment of substitute for ordinary member temporarily incapacitated.

126. —Whenever it appears to the Minister that on account of illness or for other sufficient reason an ordinary member is temporarily unable to discharge his duties as such member, the Minister may appoint, in case such member is a curer member, an ordinary member of the Bacon Marketing Board or, in case such member is a producer member, a person representative of pig producers, to act as an ordinary member for such period (not exceeding the duration of such inability) as he shall think proper, and every person so appointed to act as an ordinary member of the Board shall during the period for which he is so appointed be an ordinary member in the place of such first-mentioned ordinary member.

Additional provisions in relation to producer members.

127. —(1) The Minister may by order (in this section referred to as a producer members (election) order) direct that in the election year specified in such order, and in each subsequent election year, the three producer members and also six other persons (from whom (if available) casual vacancies amongst producer members shall be filled and substitutes shall be appointed to act for producer members temporarily unable to discharge their duties on account of illness or other sufficient cause) shall be elected by approved associations, and such order may contain all such provisions (including adaptations and modifications of this Part of this Act) as the Minister considers necessary for the purposes of giving effect to such direction.

(2) The Minister may by order (in this section referred to as a producer members (panel) order) direct that there shall be formed in the election year specified in such order and each subsequent election year a panel of a specified number of persons eligible for nomination by the Minister as producer members, that the persons whose names are to be entered in such panel shall be nominated by approved associations and committees of agriculture, and that the persons nominated by the Minister to be producer members to fill casual vacancies amongst producer members and to act for producer members temporarily unable to discharge their duties owing to illness or other sufficient cause, shall be selected from the persons whose names are entered in such panel, and such order may contain such provisions (including adaptations and modifications of this Part of this Act) as the Minister considers necessary for giving effect to such direction.

(3) The Minister may at any time by order revoke or amend a producer members (election) order or a producer members (panel) order or any order made under this section amending a previous order.

(4) In this section the expression “approved associations” means associations of pig producers in Saorstát Eireann for the time being approved by the Minister.

(5) For the purposes of this section each of the following years shall be an election year, that is to say, the year 1936, the year 1939, the year 1942, the year 1945, and so on.

Remuneration of members of the Pigs Marketing Board.

128. —(1) The Chairman shall be paid by the Board such remuneration and such allowances for expenses as the Minister may from time to time appoint.

(2) Every ordinary member shall be paid by the Board such remuneration and such allowances for expenses as the Board, with the consent of the Minister, may from time to time appoint and different rates of remuneration may be appointed for ordinary members of the Board who are members of the Bacon Marketing Board and for other ordinary members of the Board.

Offices and staff of the Pigs Marketing Board.

129. —(1) The Board may purchase, take on lease, build or otherwise acquire and may equip and maintain such offices and other premises in such places as it considers necessary for the due performance of its functions under this Part of this Act and may sell lease or otherwise dispose of any such premises which it considers to be no longer necessary for that purpose.

(2) The Minister shall as soon as may be necessary after the commencement of this Part of this Act and thereafter as occasion requires appoint a person to be the secretary of the Board.

(3) The secretary of the Board shall hold office during the pleasure of the Minister and shall be paid by the Board such remuneration and such allowances for expenses as the Minister may from time to time appoint.

(4) The Board shall appoint such and so many other officers (other than the secretary), servants, and agents as the Board shall from time to time consider necessary for the due performance of its functions under this Part of this Act and every officer, servant, and agent so appointed shall hold office upon such terms and subject to such conditions as the Board shall determine.

(5) There shall be paid by the Board to the officers (other than the secretary), servants, and agents of the Board such remuneration and allowances for expenses as the Board may from time to time appoint.

Civil servants seconded to the Pigs Marketing Board.

130. —Where a person serving in the Civil Service of the Government of Saorstát Eireann is seconded for service with the Board, the Board shall recoup to the Exchequer, in such manner as the Minister for Finance may direct, the salary of such person and also such charges in respect of superannuation and other allowances and gratuities payable under the Superannuation Acts for the time being in force to or in respect of such person as the said Minister shall determine to be proper.

Prohibition on disclosure of information by members and officers of the Pigs Marketing Board.

131. —(1) Subject to the provisions of this section it shall not be lawful for any member or officer of the Board to disclose any information in relation to the business of any other person obtained by him in his capacity as such member or officer.

(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 a fine not exceeding fifty pounds.

(3) Nothing in sub-section(1) of this section shall apply to the disclosure of any information for the purposes of any legal proceedings (whether civil or criminal) taken or proposed to be taken under this Part of this Act.

Procedure of the Pigs Marketing Board.

132. —(1) The Board may act notwithstanding one or more vacancies amongst the ordinary members.

(2) The Board shall regulate with the approval of the Minister by standing orders or otherwise the procedure to be observed and the business to be transacted at its meetings.

Meetings of the Pigs Marketing Board.

133. —(1) The Board shall hold its first meeting on such day at such time and place as the Minister shall appoint.

(2) Subject to the provisions of this section, the Board shall hold such and so many meetings and at such times as may be necessary for the proper discharge of its functions under this Act.

(3) The Chairman alone shall constitute a quorum at a meeting of the Board.

(4) No meeting of the Board shall be held unless the Chairman is present thereat.

Determination of questions by the Pigs Marketing Board.

134. —(1) Save as is otherwise provided by this section, every question arising at a meeting of the Board shall be determined by a majority of the votes of the members present and voting on the question, and in the case of an equal division of votes the Chairman shall have a second or casting vote.

(2) The following provisions shall have effect in relation to the making of a price order, a freight allowance order, a buying allowance order, or an order amending a price order, a freight allowance order or a buying allowance order, at a meeting of the Board, that is to say:—

(a) if no ordinary members or only one ordinary member are or is present at such meeting the Chairman shall make such order and such order as so made by the Chairman shall be deemed for the purposes of this Part of this Act to have been duly made by the Board at such meeting;

(b) if two or more ordinary members are present at such meeting, the following provisions shall have effect, that is to say:—

(i) in case all such ordinary members pass unanimously a resolution in favour of the making of such order in terms specified in such resolution, such order shall be deemed for the purposes of this Part of this Act to have been duly made in such terms by the Board at such meeting, and

(ii) in any other case, the Chairman shall make such order, and such order as so made by the Chairman shall be deemed for the purposes of this Part of this Act to have been duly made by the Board at such meeting.

Minutes of meetings of the Pigs Marketing Board.

135. —The Board shall keep in a book to be provided by it for the purpose, minutes of the proceedings at every meeting of the Board, and all such minutes shall be signed either at the meeting to which they relate by the Chairman or at the next meeting by the Chairman and when so signed shall be admitted in evidence.

The seal of the Pigs Marketing Board.

136. —(1) The Board shall provide and have a common seal.

(2) The seal of the Board shall be authenticated by the signature of the Chairman.

(3) Every document purporting to be an order or other instrument issued or made by the Board and to be sealed with the seal of the Board authenticated in the manner provided by this section shall be received in evidence and shall, until the contrary is shown, be deemed to be such order or instrument without proof of the authority or signature of the person signing the same.

Accounts, records and reports of the Board.

137. —(1) The Board shall keep all proper books of accounts and other books and records and shall within three months after the end of every year prepare and transmit to the Minister, to every licensee, and to the Bacon Marketing Board a statement of accounts (duly audited and certified by an auditor appointed by the Board with the consent and approval of the Minister) in respect of such year.

(2) The Board shall in each year, at such date and in such form as the Minister may direct, make to the Minister a report of its proceedings under this Part of this Act during the preceding year and the Minister shall lay such report before each House of the Oireachtas.

(3) The Board shall furnish to the Minister such information, statistics and returns as the Minister may from time to time require.

(4) The Board shall on payment of one shilling furnish to any person a copy of any statement of accounts which has been prepared in pursuance of this section.

Loans by the Minister to the Pigs Marketing Board.

138. —(1) The Minister may, with the consent of the Minister for Finance, from time to time out of moneys provided by the Oireachtas lend to the Board such sums as he thinks proper.

(2) All moneys lent to the Board under this section shall be so lent on such terms and conditions as to time and manner of repayment, rate of interest, security and other matters as the Minister shall, with the consent of the Minister for Finance, appoint.

(3) All moneys received by the Minister in payment of any moneys lent by him under this section or in payment of interest on or otherwise in relation to such moneys, shall be paid into or disposed of for the benefit of the Exchequer in such manner as the Minister for Finance shall direct.

The Pigs Marketing Fund.

139. —(1) The Board shall keep a fund (in this Part of this Act referred to as the fund) to be called and known as the Pigs Marketing Fund and shall maintain and manage such fund in accordance with this Act.

(2) All moneys received by the Board under this Part of this Act shall be paid by the Board into the fund.

(3) There shall be paid out of the fund the following moneys and no other moneys, that is to say, all moneys required by this Part of this Act to be paid by the Board and all other expenses incurred by the Board in the execution of its powers and duties under this Part of this Act.

(4) The Board may for the purposes of meeting charges required by this Part of this Act to be paid out of the fund borrow on the security of the fund.

(5) So much of the fund as in the opinion of the Board is for the time being not immediately required for the payment of sums payable out of the said fund under this Part of this Act shall be invested by the Board in securities in which trustees are by the law for the time being in force authorised to invest trust funds.

(6) The Board may from time to time at their discretion vary or transpose all moneys invested under this section into other investments authorised under this section and may at any time sell and convert into money all or any investments made by them under this section.

(7) All dividends and interest received by the Board on investments made by them under this section or in respect of the sale of any such investments shall be paid into the fund.

Price Orders.

140. —(1) The Board shall, not later than one month after the date of the establishment of the Board, or such subsequent date (if any) as the Minister may appoint, hold a meeting and at such meeting make an order (in this Part of this Act referred to as a price order)—

(a) dividing non-factory-purchased pigs into such and so many classes as the Board thinks fit; and

(b) dividing carcases of factory-purchased pigs into such and so many classes as the Board thinks fit, and dividing each such class into such and so many grades as the Board thinks fit; and

(c) dividing the carcases of non-factory-purchased pigs into such and so many classes as the Board thinks fit, and if the Board thinks proper, dividing each such class into such and so many grades as the Board thinks fit; and

(d) appointing a period (beginning on a day not later than one month after the day on which such order is made) to be the first sale period for the purposes of this Part of this Act; and

(e) fixing, in respect of non-factory-purchased pigs of each class sold during such sale period, the price (in terms of a rate per hundredweight) thereof; and

(f) fixing, in respect of carcases of factory-purchased pigs of each grade of each class sold during such sale period, the price (in terms of a rate per hundredweight) thereof; and

(g) in case the Board divide each class of carcases of non-factory-purchased pigs into grades, fixing in respect of each grade of each class sold during such sale period the price (in terms of a rate per hundredweight) thereof, or in any other case fixing in respect of each class sold during such sale period the price (in terms of a rate per hundredweight) thereof.

(2) The Board shall, not later than one week before the end of a sale period, hold a meeting and at such meeting make an order (in this Part of this Act also referred to as a price order)—

(a) dividing non-factory-purchased pigs into such and so many classes as the Board thinks fit; and

(b) dividing carcases of factory-purchased pigs into such and so many classes as the Board thinks fit, and dividing each such class into such and so many grades as the Board thinks fit; and

(c) dividing the carcases of non-factory-purchased pigs into such and so many classes as the Board thinks fit and, if the Board thinks proper, dividing each such class into such and so many grades as the Board thinks fit; and

(d) appointing a period (beginning on the expiration of the said sale period) to be the next sale period for the purposes of this Part of this Act; and

(e) fixing in respect of non-factory-purchased pigs of each class sold during such next sale period the price (in terms of a rate per hundredweight) thereof; and

(f) fixing in respect of carcases of factory-purchased pigs of each grade of each class sold during such next sale period the price (in terms of a rate per hundred-weight) thereof; and

(g) in case the Board divide each class of carcases of non-factory-purchased pigs into grades, fixing in respect of each grade of each class sold during such next sale period the price (in terms of a rate per hundredweight) thereof, or in any other case fixing in respect of each class sold during such next sale period the price (in terms of a rate per hundredweight) thereof.

(3) If at any time the provisions of sub-section (2) of this section are not complied with, the Board may, with the consent of the Minister, make, at a meeting to be held on such date as the Minister may appoint, a price order, and the period to be appointed by such order as the sale period for the purpose of this Part of this Act shall be a period beginning on such date as the Minister may direct.

(4) The Board may at any time by order amend a price order and every order amending a price order shall specify the date (not being earlier than the Monday next following the date on which such order is made) on which such order is to come into force.

(5) In making a price order or an order amending a price order the Board shall have regard to the following matters, namely—

(a) the capacity of the markets (both home and export) for bacon;

(b) the quantity of bacon which the Board anticipates is required to be placed in cold storage against future requirements;

(c) the stock of bacon on hands;

(d) the supply of pigs likely to be available;

(e) the cost of production of pigs and particularly the cost of feeding stuffs for the previous four months;

(f) such other matters as the Board considers relevant.

(6) Every price order and every order amending a price order shall be published in the Iris Oifigiúil as soon as may be after it is made.

Freight allowance.

141. —(1) The Board shall, at the meeting at which it makes the first price order, make an order (in this Part of this Act referred to as a freight allowance order)—

(a) dividing Saorstát Eireann into such and so many areas (in this Part of this Act referred to as sale areas) as the Board thinks fit; and

(b) in respect of each sale area, fixing the sum which is to be the freight allowance in respect of each pig or carcase sold in such area;

and different sums may be fixed in respect of different sale areas.

(2) The Board may at any time by order under this sub-section amend the order made under the immediately preceding sub-section or any order made under this sub-section.

(3) In this Part of this Act, the expression “the freight allowance” means in relation to a pig or carcase sold in a particular sale area, the sum for the time being fixed by an order under this section as the freight allowance in respect of a pig or carcase sold in such area.

Buying allowance.

142. —(1) The Board shall, at the meeting at which it makes the first price order, make an order (in this Part of this Act referred to as a buying allowance order) fixing the sum which is to be the buying allowance in respect of each pig or carcase sold.

(2) The Board may at any time by order under this sub-section amend the order made under the immediately preceding sub-section or any order made under this sub-section.

(3) In this Part of this Act the expression “the buying allowance” means in relation to any pig or carcase, the sum for the time being fixed by order under this section as the buying allowance.

Insurance allowance.

143. —The Board may by order make regulations fixing the sum (in this Part of this Act referred to as the insurance allowance) which is to be allowed, in respect of each pig or carcase sold to a licensee, by way of insurance against the condemnation of such pig or carcase and the offals thereof by a veterinary examiner under Part II of this Act or by a local sanitary authority under statutory powers.

Restriction on price of pigs and carcases.

144. —(1) It shall not be lawful, during any period appointed to be a sale period by a price order, for any licensee or registered minor curer to purchase or for any person to sell to a licensee or a registered minor curer—

(a) any non-factory-purchased pig of a class fixed by such order at a sum other than the following sum, namely, a sum calculated by reference to the weight of such pig and the price fixed by such order for non-factory-purchased pigs of that class, less the appropriate amount, the freight allowance, and the buying allowance;

(b) any factory-purchased pig at a sum other than the following sum, namely, a sum to be calculated by reference to the weight of the carcase of such pig and the price fixed by such order for carcases of factory-purchased pigs of a grade and class corresponding to the grade and class of such carcase, less the appropriate amount;

(c) any carcase of a non-factory-purchased pig at a sum other than—

(i) in case such order fixes grades of classes of carcases of non-factory-purchased pigs, the following sum, namely, a sum calculated by reference to the weight of such carcase and the price fixed by such order for carcases of non-factory-purchased pigs of a grade and class corresponding to the grade and class of such carcase, less the appropriate amount, the freight allowance, and the buying allowance, or

(ii) in any other case, the following sum, namely, a sum calculated by reference to the weight of such carcase and the price fixed by such order for carcases of non-factory-purchased pigs of a class corresponding to the class of such carcase, less the appropriate amount, the freight allowance, and the buying allowance.

(2) In this section the expression “the appropriate amount” in relation to any pig or carcase sold means the sum of the following amounts:—

(a) in case such pig or carcase is purchased by a licensee—

(i) a sum equal to the sum for the time being prescribed for the purposes of the levy payable to the Board by licensees under the provisions of this Part of this Act relating to levy payable by licensees to the Pigs Marketing Board; and

(ii) a sum equal to the sum for the time being prescribed by the Minister under the provisions of Part II of this Act relating to fees payable by licensees; and

(iii) a sum equal to the sum for the time being fixed as the insurance allowance; and

(b) in case such pig or carcase is purchased by a registered minor curer, a sum of one shilling; and

(c) in case such pig or carcase is purchased at a fair or market at which tolls are payable, a sum equal to the amount of the toll for one pig or one carcase (as the case may be); and

(d) in case such a pig or carcase is purchased at a fair or market and was for the purpose of such sale weighed on a weighing machine provided for the purpose of such fair or market, a sum equal to the sum chargeable for weighing one pig or one carcase (as the case may be) on such weighing machine; and

(e) in case such pig or carcase is weighed at a place other than the premises of such licensee or registered minor curer on a weighing machine provided by such licensee or registered minor curer, a sum equal to the sum (if any) customarily chargeable by such licensee or registered minor curer for weighing one pig or one carcase (as the case may be).

(3) If any licensee or registered minor curer purchases, or any person sells to a licensee or a registered minor curer, any pigs or carcases in contravention of this section, such licensee or registered minor curer and such person shall each be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine of two pounds for every pig or carcase in respect of which such offence is committed.

Manner of ascertaining weight of pigs and carcases.

145. —(1) The Board may by order make regulations in relation to the manner in which the weight of pigs and carcases sold during any sale period to a licensee or a registered minor curer is to be ascertained for the purposes of such sale, and may by any such order require such weight to be ascertained by actual weighing, and may by any such order make different regulations in relation to pigs and carcases and in relation to pigs and carcases sold at different places.

(2) Whenever during any sale period any pigs or carcases are sold to a licensee or a registered minor curer, and the weight of such pigs or carcases has, for the purposes of such sale, been ascertained in a manner other than that prescribed by regulations made under this section, the vendor and purchaser of such pigs or carcases shall each be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding two pounds for every pig or carcase in respect of which such offence is committed.

Purchase of surplus pigs by the Pigs Marketing Board and disposal of such pigs.

146. —(1) Whenever the Board is of opinion that the number of pigs available for the production of bacon is in excess of the requirements of the bacon trade, the Board may purchase pigs.

(2) Where the Board purchases any pigs under this section, the Board may do all or any of the following things—

(a) cause such pigs or any of them to be slaughtered and cured by a licensee on behalf of the Board in pursuance of an agreement entered into with such licensee and cause the bacon derived therefrom to be sold or to be put in a cold store;

(b) cause any bacon placed in a cold store under paragraph (a) of this sub-section to be sold on behalf of the Board;

(c) cause such pigs or any of them to be exported;

(d) cause such pigs or any of them to be slaughtered and either sold as dressed pork or subject to the provisions of the Agricultural Produce (Fresh Meat) Acts, 1930 and 1931, exported as dressed pork.

(3) Bacon produced by a licensee on behalf of the Board under this section shall for the purposes of Part III of this Act and this Part of this Act be deemed to have been produced by the Board and not by such licensee, and the provisions of Part III of this Act relating to levy in respect of carcases used for production of bacon and the provisions of this Part of this Act relating to levy payable by licensees to the Pigs Marketing Board shall not apply in relation to carcases used for the production of such bacon.

Payments by licensees and registered minor curers to the Pigs Marketing Board and by the Pigs Marketing Board to licensees and registered minor curers in certain cases.

147. —(1) Whenever the Board, in making a price order, fixes, in respect of pigs of any class to which such order relates, a price (in this sub-section referred to as the appointed price) lower or higher than the price (in this sub-section referred to as the hypothetical price) which, in the opinion of the Board, would, under normal conditions, be the proper price for pigs of that class, the following provisions shall have effect, that is to say:—

(a) the Board shall, in respect of pigs of each such class, state in such order the hypothetical price thereof;

(b) in case the appointed price for pigs of each such class is less than the hypothetical price for pigs of that class, the Board, shall at the expiration of the sale period to which such order relates, serve a notice on every licensee and every registered minor curer requiring him to pay to the Board, in respect of each pig of each such class purchased by him during such sale period, a sum calculated by reference to the weight of such pig and a price equal to the difference between the appointed price for pigs of that class and the hypothetical price for pigs of that class, and upon service of such notice the moneys required thereby to be paid shall be a debt due and payable by such licensee or registered minor curer to the Board and shall be recoverable as a simple contract debt in a court of competent jurisdiction;

(c) in case the appointed price for pigs of each such class exceeds the hypothetical price of pigs of that class, the Board may pay to each licensee and each registered minor curer, in respect of each pig of each such class purchased by him during the sale period to which such order relates, such sum as the Board thinks proper subject however to the following limitation, namely, that the total amount payable under this paragraph in respect of all pigs of that class purchased by licensees and registered minor curers during such sale period shall not, unless the Board is of opinion that it is just and equitable that the said total amount should not be so limited, exceed a sum calculated by reference to the total weights of such pigs and a price equal to the difference between the appointed price for pigs of that class and the hypothetical price for pigs of that class.

In this sub-section the word “pigs” means non-factory purchased pigs.

(2) Whenever the Board, in making a price order, fixes, in respect of carcases of any grade of any class to which such order relates, a price (in this sub-section referred to as the appointed price) lower or higher than the price (in this sub-section referred to as the hypothetical price) which, in the opinion of the Board, would, under normal conditions, be the proper price for carcases of that grade of that class, the following provisions shall have effect, that is to say:—

(a) the Board shall, in respect of carcases of each such grade of each such class, state in such order the hypothetical price thereof;

(b) in case the appointed price for carcases of each such grade of each such class is less than the hypothetical price for carcases of that grade of that class, the Board shall, at the expiration of the sale period to which such order relates, serve a notice on every licensee and every registered minor curer requiring him to pay to the Board, in respect of each factory-purchased pig purchased by him during such sale period, the carcase of which is a carcase of that grade of that class, a sum calculated by reference to the weight of such carcase and a price equal to the difference between the appointed price for carcases of that grade of that class and the hypothetical price for carcases of that grade of that class, and upon service of such notice the moneys required thereby to be paid shall be a debt due and payable by such licensee or registered minor curer to the Board and shall be recoverable as a simple contract debt in a court of competent jurisdiction;

(c) in case the appointed price for carcases of each such grade of each such class exceeds the hypothetical price for carcases of that grade of that class, the Board may pay to each licensee and each registered minor curer, in respect of each factory-purchased pig purchased by him during the sale period to which such order relates, the carcase of which is a carcase of that grade of that class, such sum as the Board thinks proper, subject however to the following limitation, namely, that the total amount payable under this paragraph in respect of all carcases of that grade of that class purchased by licensees and registered minor curers during such sale period shall not, unless the Board is of opinion that it is just and equitable that the said total amount should not be so limited, exceed a sum calculated by reference to the total weights of such carcases and a price equal to the difference between the appointed price for carcases of that grade of that class and the hypothetical price for carcases of that grade of that class.

In this sub-section the word “carcases” means the carcases of factory-purchased pigs.

(3) Whenever the Board, in making a price order, divides the classes of carcases into grades and fixes in respect of carcases of any grade of any class a price (in this sub-section referred to as the appointed price) lower or higher than the price (in this sub-section referred to as the hypothetical price) which, in the opinion of the Board, would, under normal conditions, be the proper price for carcases of that grade of that class, the following provisions shall have effect, that is to say:—

(a) the Board shall, in respect of carcases of each such grade of each such class, state in such order the hypothetical price thereof;

(b) in case the appointed price for carcases of each such grade of each such class is less than the hypothetical price for carcases of that grade of that class, the Board shall, at the expiration of the sale period to which such order relates, serve a notice on every licensee and every registered minor curer requiring him to pay to the Board, in respect of each carcase of that grade of that class purchased by him during such sale period, a sum calculated by reference to the weight of such carcase and a price equal to the difference between the appointed price for carcases of that grade of that class and the hypothetical price for carcases of that grade of that class, and upon service of such notice the moneys required thereby to be paid shall be a debt due and payable by such licensee or registered minor curer to the Board and shall be recoverable as a simple contract debt in a court of competent jurisdiction;

(c) in case the appointed price for carcases of each such grade of each such class exceeds the hypothetical price for carcases of that grade of that class, the Board may pay to each licensee and each registered minor curer, in respect of each carcase of each such grade of each such class purchased by him during the sale period to which such order relates, such sum as the Board thinks proper, subject however to the following limitation, namely, that the total amount payable under this paragraph in respect of all carcases of that grade of that class purchased by licensees and registered minor curers during such sale period shall not, unless the Board is of opinion that it is just and equitable that the said total amount should not be so limited, exceed a sum calculated by reference to the total weights of such carcases and a price equal to the difference between the appointed price for carcases of that grade of that class and the hypothetical price for carcases of that grade of that class.

In this sub-section the word “carcases” means carcases of non-factory-purchased pigs.

(4) Whenever the Board, in making a price order, does not divide the classes of carcases into grades, but fixes in respect of carcases of any class a price (in this sub-section referred to as the appointed price) lower or higher than the price (in this sub-section referred to as the hypothetical price) which, in the opinion of the Board, would, under normal conditions, be the proper price for carcases of that class, the following provisions shall have effect, that is to say:—

(a) the Board shall, in respect of carcases of each such class, state in such order the hypothetical price thereof;

(b) in case the appointed price for carcases of each such class is less than the hypothetical price for carcases of that class, the Board shall, at the expiration of the sale period to which such order relates, serve a notice on every licensee and every registered minor curer requiring him to pay to the Board, in respect of each carcase of that class purchased by him during such sale period, a sum calculated by reference to the weight of such carcase and a price equal to the difference between the appointed price for carcases of that class and the hypothetical price for carcases of that class, and upon service of such notice the moneys required thereby to be paid shall be a debt due and payable by such licensee or registered minor curer to the Board and shall be recoverable as a simple contract debt in a court of competent jurisdiction;

(c) in case the appointed price for carcases of each such class exceeds the hypothetical price for carcases of that class, the Board may pay to, each licensee and each registered minor curer, in respect of each carcase of each such class purchased by him during the sale period to which such order relates, such sum as the Board thinks proper, subject however to the following limitation, namely, that the total amount payable under this paragraph in respect of all carcases of that class purchased by licensees and registered minor curers during such sale period shall not, unless the Board is of opinion that it is just and equitable that the said total amount should not be so limited, exceed a sum calculated by reference to the total weights of such carcases and a price equal to the difference between the appointed price for carcases of that class and the hypothetical price for carcases of that class.

In this sub-section the word “carcases” means carcases of non-factory-purchased pigs.

(5) Where the Board are authorised under any of the following provisions of this section, namely, paragraph (c) of sub-section (1), paragraph (c) of sub-section (2), paragraph (c) of sub-section (3) and paragraph (c) of sub-section (4), to pay a sum in respect of any pig or carcase, the Board may pay different sums in respect of a pig or carcase, the bacon derived from which is exported, and in respect of a pig or carcase, the bacon derived from which is not exported.

(6) Moneys received by the Board under this section from licensees and registered minor curers shall be used for no purpose other than the purpose of making payments under this section to licensees and registered minor curers.

Other powers of the Pigs Marketing Board.

148. —(1) The Board may undertake research work in relation to the production of pigs and the manufacture of bacon.

(2) The Board shall publish from time to time particulars of the composition of a suitable ration for pig feeding and the cost of such ration.

Inspection of licensed premises, etc., by authorised officers of the Pigs Marketing Board.

149. —(1) An authorised officer of the Pigs Marketing Board shall be entitled (subject to the production by him if so required of his authority in writing as such authorised officer) at all reasonable times to enter upon any licensed premises and to inspect all pigs, carcases and bacon in such premises.

(2) Every person who obstructs or impedes any authorised officer of the Pigs Marketing Board 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 a fine not exceeding five pounds.

Levy payable by licensees to Pigs Marketing Board.

150. —(1) Every person who holds or has held a licence shall, for every half-year during which or any part of which he holds or held such licence, pay to the Board in respect of such licence a levy calculated at the rate of a prescribed sum for every carcase used for the production of bacon during such half-year at the premises to which such licence relates.

(2) As soon as may be after the expiration of every half-year the Board shall ascertain, in respect of every person who during the whole or any part of such half-year held a licence, the amount of the levy payable under this section by such person for such half-year in respect of such licence.

(3) Where a licence held by a person is revoked by the Minister under Part II of this Act, the levy payable by such person in respect of such licence for the half-year then current, shall, if the Board so directs, be ascertained immediately upon such revocation and not under the foregoing sub-section.

(4) Where a licence is held by two or more persons in succession during a half-year, such licence shall, for the purposes of this section, be deemed to have been held during the whole of such half-year by the person who last holds the same during such half-year and not to have been held by any other person at any time during such half-year.

(5) As soon as the amount of any levy has been ascertained under the foregoing provisions of this section, the Board shall make a certificate (in this section referred to as a certificate of indebtedness) certifying the half-year for which such levy is payable, the person by whom and the premises in respect of which such levy is payable, and the amount of such levy.

(6) Every certificate of indebtedness shall be prima facie evidence of all matters purported to be certified therein and any document purporting to be a certificate of indebtedness issued under this section shall, on production thereof in any proceedings to recover the amount thereby certified to be payable, be deemed until the contrary is proved to be a certificate of indebtedness duly issued under this section and shall be admitted in evidence accordingly.

(7) As soon as may be after the making of a certificate of indebtedness, a copy thereof shall be served on the person thereby certified as liable to pay the levy the subject thereof and immediately upon such service the amount certified by such certificate as payable by such person shall become and be payable by such person to the Board and shall, after the expiration of four weeks from such service, be recoverable by the Board as a simple contract debt in any court of competent jurisdiction.

(8) If any licensee fails or neglects to pay the amount certified by a certificate of indebtedness to be payable by him within four weeks after the service of a copy of such certificate on him, the Minister may revoke the licence in relation to which such amount is payable, but such revocation shall not relieve such person from liability to pay the said amount.

(9) The Board may at any time by order declare that there shall be no levy under this section in respect of any carcases used for the production of bacon during any specified half year or specified part of a half year, and may at any time revoke or amend any such order, and whenever any such order is in force, then, notwithstanding anything contained in this section, no levy shall be payable under this section in respect of any carcases used for the production of bacon during the half year or part of a half year to which such order relates.

(10) For the purposes of this section each of the following periods shall be deemed to be a half-year, that is to say:—

(a) the period commencing on the date of the establishment of the Board and ending on the 31st day of December, 1935;

(b) any period of six months commencing, after the date of the establishment of the Board, on any 1st day of January or 1st day of July.

Returns by licensees and registered minor curers to Pigs Marketing Board.

151. —(1) The Board may by order make regulations in relation to all or any of the following matters, that is to say:—

(a) the returns (including returns in relation to any period or periods commencing before the date of such regulations, but not earlier than the 1st day of January, 1934) to be made to the Board by holders of licences and registered minor curers;

(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, in the case of a first offence under this section, to a fine not exceeding ten pounds and, in the case of a second or any subsequent offence under this section, to a fine not exceeding twenty-five pounds.

Records under Part IV.

152. —(1) Every licensee under a licence and every registered minor curer shall keep or cause to be kept, in the case of a licence, at the premises to which his licence relates and, in the case of a registered minor curer, at the premises in respect of which he is registered in the register of minor curers, the prescribed records in the prescribed form and shall make or cause to be made in every such record the prescribed entries within the prescribed time.

(2) Every record kept in pursuance of this section may be inspected at any time during office hours by an authorised officer of the Pigs Marketing Board, and it shall be the duty of the person liable under this section to keep such record to produce for the inspection of such authorised officer 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 authorised officer for the purpose of verifying any entry in or explaining any omission from such record.

(3) If any person—

(a) fails to keep or cause to be kept such record as is required by this section to be kept or caused to be kept by him; or

(b) fails to make or cause to be made in such record within the time appointed by this section any entry required by this section to be made by him therein; or

(c) fails to produce or cause to be produced for inspection by an authorised officer of the Pigs Marketing Board on demand any record, document, or copy of a document which he is required by this section to produce or obstructs any such authorised officer in the making of such inspection; or

(d) makes or causes to be made in such record 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 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 at any premises or of any other document reasonably demanded by an authorised officer of the Pigs Marketing Board 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 such premises 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 at any premises or of any other document reasonably demanded by an authorised officer of the Pigs Marketing Board under this section for the purpose of verifying any entry in, or any omission from, such record, if made or committed at such premises 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.

Regulations by the Pigs Marketing Board.

153. —The Board may by order make regulations in relation to any matter or thing referred to in this Part of this Act as prescribed.

Prosecutions under Part IV.

154. —(1) Any offence under any section contained in this Part of this Act may be prosecuted by, or at the suit of, the Board as prosecutor.

(2) Proceedings for an offence under any section contained in this Part of this Act shall not be instituted except by, or with the consent of, the Board.