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2 1939

AGRICULTURAL PRODUCE (EGGS) ACT, 1939

PART V.

Restrictions in Relation to the Preserving of Eggs.

Continuation of the register of preservers kept under the Agricultural Produce (Eggs) Acts, 1924 and 1930.

53. —(1) On and after the commencement of this Act—

(a) the register kept pursuant to the Agricultural Produce (Eggs) Acts, 1924 and 1930, and in those Acts referred to as the register of preservers (in this section referred to as the former register) shall become and be the register of preservers to be kept under this Act; and

(b) all premises which were, immediately before the commencement of this Act, registered in the former register shall, without any application in that behalf, become and be registered, as from such commencement, in the register of preservers to be kept in pursuance of this Act and shall be deemed to have been so registered under this Act and this Act shall apply and have effect in respect thereof accordingly; and

(c) every person who was, immediately before the commencement of this Act, registered in the former register as the proprietor of premises registered therein shall, without any application in that behalf, become and be registered, as from such commencement, in the register of preservers to be kept in pursuance of this Act as the proprietor of the said premises and shall be deemed to have been so registered under this Act and this Act shall apply and have effect in respect of him accordingly.

Prohibition of business of preserving eggs in unregistered premises.

54. —(1) It shall not be lawful for any person to carry on by way of trade or gain in premises which are not registered in the register of preservers the business of preserving eggs, whether by cold storage, chemical storage, pickling or otherwise.

(2) If any person acts 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 twenty pounds and, 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.

General regulations for marking preserved eggs.

55. —(1) The Minister may make regulations (in this Part of this Act referred to as the general regulations for the marking of preserved eggs) in relation to all or any of the following matters, that is to say:—

(a) the marks to be borne on eggs sent or consigned to or removed from any premises registered in the register of preservers;

(b) the mode in and the means by which such marks are to be placed on such eggs.

(2) Different marks may be prescribed under this section in respect of different classes of eggs with the object of indicating the manner in which such eggs are intended to be or have been treated in such premises.

Prohibition of sending or receiving unmarked eggs.

56. —(1) Subject to the provisions of this section, it shall not be lawful for any person to send or consign to or deliver at any premises registered in the register of preservers any eggs which at the time of such sending, consignation or delivery are not marked in accordance with the general regulations for the marking of preserved eggs.

(2) Subject to the provisions of this section, it shall not be lawful for a registered preserver to accept in his registered premises delivery of any eggs which are not marked in accordance with the general regulations for the marking of preserved eggs or to receive into such premises any eggs not so marked.

(3) 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 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 a term not exceeding three months or to both such fine and such imprisonment.

(4) The Minister may by order declare that the foregoing provisions of this section shall not apply or have effect in relation to eggs preserved or intended to be preserved by a particular process specified in such order, and whenever any such order is made and is in force the said provisions shall not apply or have effect in relation to eggs preserved or intended to be preserved by the particular process specified in such order

(5) The Minister may at any time by order revoke, amend, or vary any order previously made by him under this section, including an order so made under this sub-section.

Prohibition of removal, etc., of unmarked eggs.

57. —(1) It shall not be lawful for a registered preserver to sell, consign, or otherwise remove from his registered premises any eggs which do not bear visibly and legibly thereon the appropriate marks prescribed by the general regulations for the marking of preserved eggs.

(2) It shall not be lawful for any person to acquire at or from any premises registered in the register of preservers any eggs which do not bear visibly and legibly thereon the appropriate marks prescribed by the general regulations for the marking of preserved eggs or to accept delivery from any such premises of any eggs which do not bear visibly and legibly thereon such marks.

(3) The foregoing provisions of this section shall not apply or have effect in relation to any eggs to which, by virtue of an order made by the Minister under the next preceding section, the provisions of that section do not apply.

(4) 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 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 a term not exceeding three months or to both such fine and such imprisonment.

Prohibition of removal, etc., of marks from preserved eggs.

58. —Every person who—

(a) removes, alters or obliterates from or on any egg a mark prescribed by the general regulations for the marking of preserved eggs, or

(b) sells or offers or exposes for sale any egg from or on which a mark prescribed by the general regulations for the marking of preserved eggs has been removed, altered or obliterated,

shall, unless he proves that he acted without intent to defraud, 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 of any subsequent such offence, to a fine not exceeding twenty 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.