PART IV.

Restrictions on the Purchase and Sale of Eggs.

42. —(1) The Minister may by order make regulations for all or any of the following purposes, that is to say:—

(a) prescribing a standard for fresh eggs;

(b) prescribing a standard for second quality eggs;

(c) prescribing the marks to be placed on eggs for the purpose of indicating that they are second quality eggs;

(d) prescribing the manner in which the said marks are to be placed on eggs.

(2) In this Act the expression “fresh eggs” means eggs of the standard prescribed under the foregoing sub-section of this section for fresh eggs, and the expression “second quality eggs” means eggs of the standard prescribed under the said foregoing sub-section for second quality eggs.

(3) It shall not be lawful for any registered wholesaler or any retailer to sell or to offer, or expose for sale, or to consign to any place (whether inside or outside Ireland) any second quality eggs, unless such eggs are marked with the marks and in the manner prescribed under this section for the purpose of indicating that they are second quality eggs.

(4) It shall not be lawful for any registered wholesaler to retain in his possession after the expiration of the prescribed time for testing eggs any eggs which are second quality eggs, unless such eggs are marked with the marks and in the manner prescribed under this section for the purpose of indicating that they are second quality eggs.

(5) It shall not be lawful for any retailer to have in his possession any second quality eggs after the expiration of the period prescribed under this Act for the examination of eggs by him unless such eggs are marked with the marks and in the manner prescribed under this section for the purpose of indicating that they are second quality eggs.

(6) Every person 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 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.

43. —All eggs which do not reach the standard prescribed under this Act for second quality eggs shall be deemed, for the purposes of this Act, to be unfit for human consumption, and all references in this Act to eggs which are unfit for human consumption shall be construed and have effect accordingly.

44. —(1) It shall not be lawful for any person to acquire eggs for sale by wholesale unless either—

(a) he is a registered wholesaler, or a registered dealer, or

(b) he so acquires such eggs under and in accordance with a licence in that behalf granted to him under this section.

(2) It shall not be lawful for any person to sell eggs by wholesale or to consign, offer, or expose eggs for sale by wholesale unless either—

(a) he is a registered wholesaler or a registered dealer, or

(b) he is a producer or,

(c) he is so selling or so consigning, offering or exposing the eggs under and in accordance with a licence in that behalf granted to him under this section.

(3) It shall not be lawful for a registered wholesaler to sell eggs to another registered wholesaler save under and in accordance with a licence in that behalf granted under this Act.

(4) It shall not be lawful for a registered wholesaler to acquire eggs unless either—

(a) the eggs are acquired by him from a registered dealer, or

(b) the eggs are acquired by him from a producer, or

(c) the eggs are acquired by him from another registered wholesaler under and in accordance with a licence in that behalf granted under this Act.

(5) Every person 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 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 a term not exceeding six months or to both such fine and such imprisonment.

(6) The Minister may grant to any person any one or more of the following licences, that is to say:—

(a) a licence to acquire eggs for sale by wholesale, or

(b) a licence to sell eggs by wholesale and to consign, offer and expose eggs for sale by wholesale, or

(c) where the grantee of the licence is a registered wholesaler, a licence to sell eggs to another wholesaler,

and the Minister may attach to any such licence such conditions as he shall think proper and shall specify in such licence, and the Minister may at any time revoke any such licence.

45. —(1) It shall not be lawful for any registered dealer to acquire eggs for resale, either by wholesale or by retail, unless either—

(a) he so acquires the eggs from a producer, or

(b) he so acquires the eggs under and in accordance with a licence granted by the Minister under this section.

(2) Every person who acquires or attempts to acquire eggs 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 such imprisonment.

(3) The Minister may grant to any registered dealer a licence to acquire eggs for resale subject to such conditions as the Minister thinks fit, and may at any time revoke such licence.

46. —(1) It shall not be lawful for a registered dealer to dispose of eggs otherwise than—

(a) by sale to a registered wholesaler within the prescribed time from the date on which the eggs were acquired by such registered dealer, or

(b) by sale, either by wholesale or by retail, under and in accordance with a licence granted by the Minister under this section.

(2) Every person who disposes or attempts to dispose of eggs 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 such imprisonment.

(3) The Minister may grant to a registered dealer a licence to dispose of eggs by sale, either by wholesale or by retail, subject to such conditions as the Minister thinks fit, and may at any time revoke such licence.

47. —(1) It shall be lawful for the Minister to serve or cause to be served on any person who carries on or is about to carry on the business (in this section referred to as the business to which this section relates) of selling by retail eggs purchased from registered wholesalers or from producers or from registered wholesalers only or from producers only a notice (in this Act referred to as a retailer's notice) in the prescribed form requiring such person to apply in accordance with this Act and the regulations made thereunder to the Minister within the time (not less than twenty-one days from the service of such notice) specified in that behalf in such notice for the registration in the register of retailers of such person and the premises in which he carries on or is about to carry on the said business.

(2) Whenever a retailer's notice has been served under this section, the following provisions shall have effect, that is to say:—

(a) the person on whom such notice was served shall, within the time specified in that behalf in such notice, apply to the Minister in accordance with this Act for such registration in the register of retailers as is specified in such notice;

(b) if such person duly applies in accordance with this section for registration in the register of retailers, the Minister shall register in that register such person and the remises in which he carries on or proposes to carry on the business to which this section relates;

(c) if such person does not duly apply in accordance with this section for such registration as aforesaid, it shall not be lawful for such person to carry on, after the expiration of the time within which such application is required by this section to be made, the business to which this section relates.

(3) If any person carries on in contravention of this section the business to which this section relates 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 together with a further fine not exceeding five pounds for every day on which such business is so carried on.

48. —(1) It shall not be lawful for any person to sell or to offer or expose for sale or to consign to any place, whether inside or outside Ireland, any eggs which are unfit for human consumption.

(2) It shall not be lawful for any registered wholesaler to have in his possession after the prescribed time for the testing of eggs by registered wholesalers, any eggs which are unfit for human consumption unless such eggs are marked and set aside for disposal in the prescribed manner.

(3) It shall not be lawful for any registered dealer to have in his possession, after the expiration of the prescribed time for the disposal of eggs by registered dealers after acquisition, any eggs which are unfit for human consumption.

(4) It shall not be lawful for any retailer to have in his possession, after the expiration of the prescribed time for the examination of eggs by retailers after acquisition, any eggs which are unfit for human consumption.

(5) Every person who contravenes, whether by act or omission, any sub-section 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 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 a term not exceeding six months or to both such fine and such imprisonment.

(6) Where a registered dealer is charged with an offence under this section and the act alleged to constitute the offence is a contravention of sub-section (1) of this section, it shall be a good defence to such charge for such registered dealer to show that he did not know that the eggs were unfit for human consumption and that he sold them within the prescribed time for disposal thereof after acquisition.

49. —(1) It shall not be lawful for any person to sell or to offer or expose for sale or to consign to any place, whether inside or outside Ireland, any eggs which are externally dirty.

(2) It shall not be lawful for any person to purchase for resale any eggs which are externally dirty unless the eggs were so purchased in such circumstances that such person could not reasonably have known that the eggs were externally dirty.

(3) It shall not be lawful for any registered wholesaler to have in his possession, after the expiration of the prescribed time for the testing of eggs by registered wholesalers, any eggs which are externally dirty unless the eggs are marked and set aside for disposal in the prescribed manner.

(4) It shall not be lawful for any registered dealer to have in his possession any eggs which are externally dirty and were acquired by him from a producer.

(5) It shall not be lawful for any retailer to have in his possession, after the expiration of the prescribed time for the examination of eggs by retailers after acquisition, any eggs which are externally dirty.

(6) Every person who contravenes, whether by act or omission, any sub-section 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 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 a term not exceeding six months or to both such fine and such imprisonment.

(7) Where a registered dealer is charged with an offence under this section and the act alleged to constitute the offence is a contravention of sub-section (1) or sub-section (2) of this section, it shall be a good defence to such charge for such registered dealer to show that he acquired the eggs from another registered dealer.

50. —(1) The Minister may by order make regulations for either or both of the following purposes, that is to say:—

(a) prohibiting the sale or offering or exposing for sale or keeping or storing pending sale of eggs in any building, vehicle, or other place or under conditions which does or do not afford adequate protection to the eggs against wet, damp, dirt, and heat and against adverse weather conditions and against contamination of any sort;

(b) securing that eggs intended for sale shall, while stored or kept and while being offered or exposed for sale and while in course of packing or transport, be adequately protected against wet, damp, dirt, and heat and against contamination of every sort.

(2) Every person who does any act (whether of commission or omission) which is a contravention of a 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 or, at the discretion of the Court, to imprisonment for any term not exceeding three months or to both such fine and such imprisonment.

51. —(1) It shall not be lawful for any person—

(a) to wash, or to steep for the purpose of cleaning, any eggs which are intended for sale, or

(b) to have in his possession any machine or implement designed and constructed primarily for washing or cleaning eggs.

(2) Every person who acts 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 such imprisonment.

52. —(1) The Minister may by order make regulations for all or any of the following purposes, that is to say:—

(a) requiring that eggs in the shell of domestic fowl purchased by or on behalf of a registered proprietor shall be so purchased by weight;

(b) requiring registered proprietors (either generally or of any particular class or classes) who acquire, whether at their registered premises or elsewhere, eggs from producers to do the following things in respect of all eggs so acquired by them, that is to say:—

(i) to place such eggs, immediately upon the acquisition thereof, in a container of the design, dimensions, and materials specified in that behalf by the regulations made under this section and obtained from a manufacturer similarly specified and marked with the mark similarly specified, and

(ii) to place in or on every such container the note, docket, or mark specified in that behalf by such regulations indicating the producer from whom and the date on which the eggs in such container were acquired, and such other particulars in relation to such eggs as may be so specified, and

(iii) save as may be otherwise provided by the regulations, to retain in such container such note or docket as aforesaid and also all eggs so placed therein until they are removed therefrom in the registered premises of a registered wholesaler for testing and grading, and

(iv) to retain for the prescribed time and in the prescribed manner all notes and dockets placed in such container in pursuance of the regulations;

(c) requiring that eggs (other than eggs packed in the registered premises of a registered wholesaler) consigned, offered or exposed for sale shall be packed in the manner and with the packing materials specified in that behalf by the regulations made under this section;

(d) requiring that eggs (other than eggs packed in the registered premises of a registered wholesaler or a registered dealer) consigned, offered or exposed for sale shall be marked in the manner and with the mark specified in that behalf by the regulations made under this section;

(e) requiring that the packages in which eggs (other than eggs packed in the registered premises of a registered wholesaler). consigned, offered or exposed for sale are packed shall be marked in the manner and with the mark specified in that behalf by the regulations made under this section;

(f) requiring that all eggs sold or consigned, offered, exposed, or advertised for sale or invoiced before or after delivery on sale shall be sold or so consigned, offered, exposed, advertised or invoiced (as the case may be) under a description specified in that behalf by the regulations made under this section;

(g) prohibiting the keeping of eggs on registered premises for longer than the maximum period specified by the regulations made under this section and applicable to such eggs;

(h) requiring that every registered proprietor, or every registered proprietor of premises registered in a particular register, who has in his possession any eggs the sale of which is prohibited by this Act shall dispose of such eggs only in a manner specified in that behalf by the regulations made under this section.

(2) For the purpose of so much of this section as relates to the marking of eggs, the Minister (in lieu of prescribing by regulations made under this section marks indicating the period during which eggs were tested or examined or the period during which eggs were packed) may from time to time by notice published in the Iris Oifigiúil and 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, the examining, or the packing of eggs, the periods in respect of which such marks are respectively so appointed.

(3) Every person who shall do any act (whether of commission or omission) which is a contravention of a regulation made under this section 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 ten pounds or, in the case of a second or any subsequent such offence, to a fine not exceeding twenty pounds.

(4) Every person who shall without lawful authority alter, deface, or remove—

(a) any mark placed on any egg, package or container in pursuance of regulations made under this section, or

(b) any note, docket, or mark placed in or on any container in pursuance of such regulations,

shall be guilty of an offence under this sub-section and shall be liable on summary conviction thereof to a fine not exceeding twenty-five pounds or, at the discretion of the Court, to imprisonment for a term not exceeding three months or to both such fine and such imprisonment.