PART III.

Restrictions on the Export and Consignation (Including Export) of Eggs.

30. —(1) It shall not be lawful for any person to export eggs unless the eggs are exported—

(a) by a registered wholesaler direct from the registered wholesaler's premises on which they were packed; or

(b) by parcel post; or

(c) in a consignment the total gross weight of which does not exceed the maximum weight for the time being allowed to be sent by parcel post; or

(d) for the purpose of incubation in quantities not exceeding the prescribed maximum and contained in packages marked in the prescribed manner; or

(e) in a package consigned and forwarded through Ireland from any place outside Ireland to any other such place but not otherwise dealt with in Ireland; or

(f) by being transported by a farmer or his servants from Ireland into Northern Ireland in the course of his business as a farmer; or

(g) under and in accordance with an export licence granted by the Minister under this Part of this Act.

(2) Every person who exports or attempts to export eggs in contravention of this section shall be guilty of an offence under this sub-section.

(3) Every person who shall carry by any means any eggs which are being or are intended to be exported in contravention of this section shall, if such carrying is done in the course or for the purpose of the exportation of such eggs, be guilty of an offence under this sub-section, unless such person proves that he did not know and could not reasonably have known that such eggs were being exported in contravention of this section.

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

31. —(1) Save as is otherwise provided by this section, eggs shall not be consigned from registered wholesaler's premises to any place (whether in or outside Ireland) unless all the following conditions are complied with in respect of such eggs, that is to say:—

(a) the eggs shall have been tested, graded and packed in accordance with the provisions of this Act and regulations made thereunder, and

(b) each of the eggs and also the package containing such eggs, shall be marked with the prescribed marks in accordance with this Act and regulations made thereunder, and

(c) the eggs shall have been tested, graded, packed, and marked as aforesaid on the registered wholesaler's premises from which they are consigned and the package containing the eggs shall also have been marked as aforesaid on the said premises, and

(d) the eggs shall not have been removed from the package in which they were so packed upon those premises, and

(e) the eggs shall be clean and fit for human consumption.

(2) Every person who consigns or attempts to consign eggs in contravention of this section shall be guilty of an offence under this sub-section.

(3) Every person who shall carry by any means any eggs consigned in contravention of this section shall be guilty of an offence under this sub-section unless such person proves that he did not know and could not reasonably have known that such eggs were consigned in contravention of this section.

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

(5) This section shall not apply to the consignation of eggs from the registered premises of a registered wholesaler to the registered premises of another registered wholesaler in pursuance of a sale by such first-mentioned registered wholesaler to such other registered wholesaler made under and in accordance with a licence granted by the Minister under this Act.

(6) Nothing in this section shall prevent a registered wholesaler from disposing in the prescribed manner of eggs which, when tested on his registered premises, are found to be unfit for human consumption or externally dirty.

32. —(1) Any inspector shall be entitled at all reasonable times (subject to the production by him if so required of his authority in writing as such inspector) to enter upon and have free access to the interior of—

(a) any registered premises; or

(b) any premises in which eggs are sold, or are exposed, kept or stored for sale or in which such inspector reasonably believes or suspects that eggs are sold or are exposed, kept or stored for sale, or

(c) the premises of any person engaged in the business of carrying goods for reward; or

(d) any warehouse or other premises of any person engaged in the business of warehousing goods; or

(e) any pier, quay, wharf, jetty, dock or dock premises; or

(f) any ship, boat, railway wagon, motor lorry, cart or other vessel or vehicle used for the conveyance of goods.

(2) Any inspector may do all or any of the following things in or upon any of the places mentioned in the foregoing sub-section of this section or in any public place, that is to say:—

(a) inspect any package found in or upon any such place;

(b) open any such package which he reasonably believes or suspects to contain eggs;

(c) examine any eggs found by him in any such place, whether such eggs are or are not contained in a package;

(d) take and remove without payment all or any of the following things, that is to say:—

(i) reasonable samples of any eggs found in any such place, whether such eggs are or are not contained in a package,

(ii) reasonable samples of any packing material found in any such place,

(iii) any package of eggs or any one or more of any packages of eggs found in any such place;

(e) detain for so long as may be reasonably necessary for the purposes of this section, any package or any number of packages found in any such place;

(f) if the package or all or any of the packages so detained is or are in the hands of a carrier, give a direction in writing to such carrier prohibiting the further carriage (except by way of returning to the consignor) of such package or packages where it appears to the inspector on examination that there has been a contravention or attempted contravention of this Act or of any regulation made thereunder in relation thereto;

(g) demand of any person in charge of any eggs or any package of eggs in such place the names and other particulars of the owner or of the consignor and the consignee of such eggs or such package.

(3) Every person who—

(a) obstructs or impedes an inspector in the exercise of any of the powers conferred on him by this section, or

(b) knowing the name or other particulars of the owner, consignor or consignee of any eggs or of any package which an inspector is entitled to inspect under this section, refuses to give such name or other particulars to the inspector, or

(c) wilfully or recklessly gives to the inspector any false or misleading name or other particular of any such owner, consignor or consignee,

shall be guilty of an offence under this sub-section and shall be liable on summary conviction thereof, in the case of a first such offence to a fine not exceeding five pounds or, in the case of a second or any subsequent such offence, to a fine not exceeding ten pounds.

(4) Every person who consigns or carries or attempts to consign or carry to any place, whether in or outside Ireland, any package of eggs in respect of which a direction prohibiting the further carriage thereof has been given by an inspector under this section shall be guilty of an offence under this sub-section and shall be liable on summary conviction thereof to a fine not exceeding twenty pounds.

(5) Where an inspector gives a direction under this section to a carrier prohibiting the further carriage of any package of eggs, it shall be the duty of such inspector, if the carrier is not the owner of the package, to notify the consignor of the package as soon as possible after the giving of the direction, that the direction was so given.

(6) Where any sample or package is taken by an inspector under this section it shall be the duty of such inspector to communicate the fact of such taking to the owner or the consignor and the consignee (if and so far as their names and addresses are known to or can reasonably be ascertained by him) and also, where such taking occurred on the premises of a carrier or warehouseman, to such carrier or warehouseman.

(7) If, on the examination of any package taken under this section, it appears to the Minister that there was a contravention or attempted contravention of this Act or a regulation made thereunder in relation to such package, such package shall be forfeited to the Minister, and in any other case the package shall be disposed of in accordance with the directions of the consignor, or in default of such directions, shall be sold and the net proceeds of such sale paid to the consignor.

(8) Neither the Minister nor any inspector shall be liable for any loss, damage, or reasonable delay arising from the exercise by an inspector of any of the powers conferred on him by this section, and no action shall lie against the consignor, or any other person, for or on account of any such loss, damage or reasonable delay.

(9) In the exercise in or upon the premises of any railway or shipping company of the powers conferred on him by this section, an inspector shall conform to such reasonable requirements of the company as are necessary to prevent the working of the traffic on those premises from being obstructed or interfered with.

(10) Eggs forfeited to the Minister under this section shall, if unfit for human consumption, be destroyed or shall, in any other case, be sold by the Minister and, notwithstanding anything contained in this Act, may be so sold to and bought by retailers or registered wholesalers.

(11) The net proceeds of all eggs sold under the next preceding sub-section of this section shall be paid into or disposed of for the benefit of the Exchequer in such manner as the Minister for Finance shall direct.

(12) For the purpose of this section, whenever a direction prohibiting the further carriage of a package of eggs has been given to a carrier under this section and the package is, at the time the direction is given, actually loaded in a ship or a railway wagon, the carriage of such package on that ship or wagon shall not be deemed a further carriage of such package in contravention of such direction if such carrier proves that—

(a) at the first available opportunity, he returned such package to and landed or delivered it at the port or station at which it was loaded into such ship or wagon (as the case may be), and

(b) between the time when such direction was given and the said return and landing or delivery of such package it was in the sole charge of such carrier and was not opened or interfered with in any way.

(13) In this section—

the word “place” includes a ship, boat or other vessel and also includes a railway wagon, motor lorry, cart or other vehicle;

the word “package” includes a package about to be consigned or awaiting consignation or dispatch and a package already delivered to the consignee thereof as well as a package in course of transport from a consignor to a consignee or from one place of business of a person to another place of business of the same person.

33. —(1) The Minister may, upon the application of any person in the prescribed form and manner, grant to that person a licence to export the consignment of eggs specified in the licence to such consignee, by such route, and subject to such conditions as are stated in the licence.

(2) A licence granted under this section shall operate to authorise the person to whom the same is granted to export, in accordance with the terms of the licence, the consignment of eggs specified therein.

(3) The Minister may, at any time before a consignment of eggs specified in a licence is actually exported, revoke the licence relating to that consignment.

(4) If any person to whom a licence has been granted under this section contravenes any of the terms or conditions therein he shall be guilty of an offence under this sub-section.

(5) Every person who falsely represents by means of a mark on the consignment or otherwise that any consignment of eggs is being exported under a licence granted under this section shall be guilty of an offence under this sub-section.

(6) Every person who is guilty of an offence under any sub-section of this section shall be liable, on summary conviction thereof, in the case of a first such offence, to a fine not exceeding ten pounds or, in the case of a second or any subsequent such offence, to a fine not exceeding twenty pounds.

(7) On every application for a licence under this section, there shall be paid to the Minister a fee of the prescribed amount, and the due payment of such fee shall be a condition precedent to the entertainment of the application by the Minister.

34. —Any officer of customs and excise may detain and seize any eggs being exported or attempted to be exported in contravention of this Act and may, for that purpose, open any package containing or suspected by him to contain eggs, and the provisions of the Customs Consolidation Act, 1876, relating to the condemnation and disposal of goods seized under that Act shall apply and have effect in relation to all articles seized under this Act in like manner as if such articles had been seized under the said Customs Consolidation Act, 1876.

35. —(1) The Minister may by order make, in respect of registered wholesalers' premises, regulations in regard to all or any of the following matters, that is to say:—

(a) the method and manner in all or any respects of testing eggs and the time after the acquisition thereof within which they shall be so tested;

(b) the method and manner in all or any respects of grading eggs;

(c) the method and manner in all or any respects of packing eggs, including the materials and packages to be used for such packing;

(d) the grades and descriptions of eggs which may or may not be packed in the same package;

(e) the prohibition of packing of any particular grades or descriptions of eggs;

(f) the description of eggs which may or may not be brought on to the premises;

(g) the places and times at which eggs intended for export shall be presented for examination.

(2) Different regulations may be made under this section in respect of eggs which are consigned for export and in respect of eggs which are not so consigned.

(3) All eggs tested, graded and packed in any registered wholesaler's premises shall be tested, graded and packed in accordance in all respects with the regulations made under this section and for the time being in force.

(4) Every person who contravenes, whether by act or omission, any regulation made under this section shall be guilty of an offence under this section and shall be liable on summary conviction thereof, in the case of a first such offence, to a fine not exceeding ten pounds or, in the case of a second or any subsequent such offence, to a fine not exceeding twenty pounds.

36. —(1) Whenever the Minister is satisfied that it is necessary to do so in order to facilitate the inspection under this Act of eggs or packages of eggs, he may, by notice in writing served on a registered wholesaler, require such registered wholesaler to do both or either of the following things, that is to say:—

(a) to export eggs only by the route or one of the routes specified in that behalf in such notice;

(b) to present all eggs intended to be exported by him for examination at the place and time similarly specified.

(2) Every registered wholesaler on whom a notice is served under this section shall comply with such notice and if he fails so to do he shall be guilty of an offence under this section and shall be liable on summary conviction thereof, in the case of a first such offence, to a fine not exceeding twenty-five pounds or, in the case of a second or any subsequent such offence, to a fine not exceeding fifty pounds.

37. —(1) It shall not be lawful for a registered wholesaler to carry on or permit to be carried on any of the operations of testing, grading, and packing eggs on any premises of which he is the registered proprietor unless such operations are continuously under the supervision and control of a skilled person.

(2) It shall be the duty of every registered wholesaler—

(a) to employ at least one skilled person in every registered premises of which he is the registered proprietor, and

(b) to furnish to the Minister or to an inspector on demand a statement of the number of skilled persons employed by such registered wholesaler together with such information in respect of every skilled person so employed as the Minister or such inspector shall require.

(3) Where a registered wholesaler is himself a skilled person and supervises and controls the operations of testing, grading and packing eggs on registered premises of which he is the registered proprietor, he may reckon himself as a skilled person employed by him for the purposes of the foregoing sub-sections of this section and thereupon this section shall apply and have effect as if he were such skilled person so employed.

(4) Every registered wholesaler who does any act (whether of commission or omission) which is a contravention of this section shall be guilty of an offence under this section and shall be liable on summary conviction thereof, in the case of a first such offence, to a fine not exceeding ten pounds and, in the case of a second or any subsequent such offence, to a fine not exceeding twenty pounds, together with, in any case, a further fine not exceeding ten pounds for every week or part of a week during which the offence is continued.

(5) In this section the expression “skilled person” means a person who is skilled within the meaning of this Act in the business of testing, grading, and packing eggs.

38. —(1) The Minister may by order make regulations prescribing the marks to be applied to every package of eggs consigned from any registered wholesaler's premises to any place, whether in or outside Ireland, for the purpose of indicating all or any of the following matters, that is to say:—

(a) the grade of the eggs contained in such package;

(b) the premises in which such eggs were packed;

(c) in the case of preserved eggs, that such eggs are preserved:

(d) that the eggs were produced in Ireland;

(e) any other matter which in the opinion of the Minister should be indicated on such package.

(2) The Minister may by order make regulations prescribing the marks to be applied to every egg consigned from any registered wholesaler's premises to any place, whether in or outside Ireland, for the purpose of indicating all or any of the following matters, that is to say:—

(a) the grade of the egg;

(b) the premises in which it was packed;

(c) the period during which the egg was tested or the period during which the egg was packed in those premises;

(d) in the case of a preserved egg, that it is preserved;

(e) that the egg was produced in Ireland;

(f) any other matter which in the opinion of the Minister should be indicated on the egg.

(3) Regulations made under this section may prescribe the manner in which and the means by which the marks prescribed under this section are to be applied to the eggs to which they are applicable.

(4) Different regulations may be made under this section in respect of eggs consigned for export and in respect of eggs not so consigned.

(5) For the purpose of so much of this section as relates to the indication by marks of the premises on which eggs were packed, the Minister may assign to every registered wholesaler's premises a distinctive mark, and may, by the regulations made under this section, require the marks so assigned to be used as the mark for indicating the premises on which packages or eggs were packed.

(6) For the purpose of so much of this section as relates to the indication by marks of the period during which eggs were tested or the period during which eggs were packed, the Minister may from time to time, by notice published in the Iris Oifigiúil and in such newspapers and periodicals as he shall think proper, appoint distinctive marks to indicate particular periods, and may by the regulations made under this section require the marks so appointed to be used as the marks for indicating, in relation to the testing or the packing of eggs, the periods in respect of which such marks are respectively so appointed.

(7) All eggs received at any registered wholesaler's premises and the packages in which they are packed in those premises shall be marked in accordance in all respects with the provisions of this section and the regulations made thereunder and for the time being in force.

(8) The application of a mark prescribed under this section to any eggs or packages of eggs in any circumstances in which the application thereof is not authorised by or is not in accordance with this section or the regulations made thereunder shall be taken to be a false trade description within the meaning of the Merchandise Marks Acts, 1887 to 1931, and those Acts, including the penal provisions thereof, shall apply accordingly.

(9) For the purpose of this section a mark shall be deemed to be applied if it is applied within the meaning of the Merchandise Marks Acts, 1887 to 1931.

39. —(1) The Minister may by order make regulations requiring every registered wholesaler to place in every package of eggs intended to be consigned by him to any place whether inside or outside Ireland, before it is consigned, a document in the form prescribed by such regulations requesting the consignee of such package to notify the Minister of any defects found by him in such package or in the eggs contained therein or in the packing of such eggs therein.

(2) Every registered wholesaler who fails to comply with any regulation made under 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.

40. —(1) Every mark required or authorised by or under this Act to be applied to any eggs or package of eggs shall be so applied by either the proprietor of the premises in which such mark is, or is required to be, applied or by a person employed and authorised in that behalf by such proprietor.

(2) It shall not be lawful for any person, other than the persons mentioned in the foregoing sub-section of this section, to apply the marks mentioned in the said sub-section to any egg or package of eggs.

(3) Every person who applies to any egg or package of eggs any mark in contravention of this section shall be guilty of an offence under this section and shall be liable on summary conviction thereof, in the case of a first such offence, to a fine not exceeding ten pounds or, in the case of a second or any subsequent such offence, to a fine not exceeding twenty pounds or, at the discretion of the Court, to imprisonment for any term not exceeding three months, or to both such fine and imprisonment.

(4) For the purpose of this section, a mark shall be deemed to be applied if it is applied within the meaning of the Merchandise Marks Acts, 1887 to 1931.

41. —(1) Where a package containing eggs is marked—

(a) with a mark (in this section called a grade mark) prescribed under this Act as the mark for eggs of a particular grade, and

(b) with a mark (in this section called a weight mark) intended to indicate that each egg in the package is not less in weight than the weight prescribed as the minimum weight for eggs of the grade indicated by the grade mark,

it shall not be lawful for a registered wholesaler to consign the package to any place, whether in or outside Ireland, unless each egg contained in the package is not less in weight than the weight indicated by the weight mark.

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