Agricultural Produce (Potatoes) Act , 1931

PART I. Preliminary.

1 Short title and commencement.

1.—(1) This Act may be cited as the Agricultural Produce (Potatoes) Act, 1931.

(2) This Act shall come into operation on such day as shall be fixed for that purpose by order of the Minister.

2 Definitions.

2.—In this Act—

the expression “the Minister” means the Minister for Agriculture;

the word “inspector” means any person authorised in writing (either generally or for a special purpose) by the Minister to exercise all or any of the powers or perform all or any of the duties conferred or imposed on an inspector by this Act;

the expression “seed potatoes” means potatoes intended for planting;

the expression “ware potatoes” means potatoes other than seed potatoes;

the word “package” includes any bag, sack, box, case, barrel or other receptacle containing or capable of containing potatoes;

the word “prescribed” means prescribed by regulations made under this Act.

PART II. Registration of Premises and Licensing of Exporters.

3 Register of potato packing premises.

3.—(1) The Minister shall cause to be kept a register (to be called and known as the register of potato packing premises) of premises in Saorstát Eireann in which the business of grading and packing potatoes for export is carried on.

(2) There shall be entered in the said register in respect of all premises registered therein the following particulars, that is to say:—

(a) the full name and description of the proprietor (in this Act referred to as the registered proprietor) of the premises, and

(b) a description of the situation of the premises sufficient to identify the same and the limits and extent thereof.

(3) In this Act the expression “registered premises” means premises registered in the register of potato packing premises.

4 Conditions of registration of premises.

4.—The Minister shall before registering any premises in the register of potato packing premises be satisfied that—

(a) the premises are structurally suited for carrying on the business of grading and packing potatoes for export in the quantities which, in the opinion of the Minister, will be graded and packed in such premises;

(b) the premises contain accommodation, equipment, fittings, and appliances suitable for the carrying on, in accordance with this Act and regulations made thereunder, of the business of grading and packing of potatoes;

(c) the grading and packing of potatoes in the premises are under the control of a person qualified in the opinion of the Minister to undertake or supervise the grading and packing of potatoes.

5 Application for registration of premises.

5.—(1) Every application for the registration of any premises under this Part of this Act shall be made in writing by the proprietor of such premises in the prescribed form and manner and shall contain the prescribed particulars.

(2) Whenever an application is made under this section for the registration of any premises, the Minister shall cause such premises to be inspected by an inspector.

(3) Before refusing an application for the registration of any premises under this Part of this Act, the Minister shall send by post to the applicant at his address as stated in the application one fortnight's notice of the Minister's intention to refuse such application and of the reasons for such refusal and shall consider any representations made by the applicant before the expiration of such notice.

(4) A refusal by the Minister of an application for registration of any premises under this section shall not prevent the making of a fresh application at any subsequent time, but the Minister may refuse any such renewed application without causing any new inspection of the premises to be made.

6 Exporters' licences.

6.—(1) The Minister may grant a licence (in this Act referred to as an exporter's (general) licence) to export potatoes from any registered premises to any person who—

(a) is the registered proprietor of any registered premises, and

(b) applies in the prescribed form and manner for an exporter's (general) licence.

(2) Every exporter's (general) licence shall—

(a) be in the prescribed form, and

(b) be expressed and operate to license the person to whom it is granted to export, subject to the provisions of this Act and regulations made thereunder, potatoes from any registered premises.

(3) The Minister may grant a licence (in this Act referred to as an exporter's (grower's) licence) to export potatoes from particular registered premises to any person who—

(a) is the registered proprietor of such premises, and

(b) is a grower of potatoes, and

(c) applies in the prescribed form and manner to the Minister for such exporter's (grower's) licence, and

(d) supplies the Minister with the prescribed information.

(4) An exporter's (grower's) licence shall not be granted by the Minister until after the expiration of thirty days following the date on which the application for such licence is received by the Minister.

(5) Every exporter's (grower's) licence shall—

(a) be in the prescribed form and shall specify the premises in respect of which it is granted and such other particulars as may be prescribed;

(b) be expressed and operate to license the person to whom it is granted to export, subject to the provisions of this Act and regulations made thereunder, from such premises, potatoes grown by him;

(c) shall be and be expressed to be granted subject to the following conditions (in this Act referred to as the statutory conditions attaching to an exporter's (grower's) licence), that is to say:—

(i) that the holder thereof shall not export thereunder potatoes other than those grown by himself,

(ii) that the holder thereof shall not export thereunder in any one calendar year more than one hundred tons of potatoes.

(6) In this Act the expression “licensed (general) exporter” means a person who is for the time being the holder of an exporter's (general) licence for the time being in force and the expression “licensed (grower) exporter” means a person who is for the time being the holder of an exporter's (grower's) licence for the time being in force.

(7) In this Act the expression “exporter's licence” means any licence granted by the Minister under this section and the expression “licensed exporter” means a person who is for the time being the holder of an exporter's licence for the time being in force.

(8) A certificate purporting to be under the hand of an officer of the Minister authorised in that behalf by the Minister, that a person named in such certificate is not the holder of an exporter's licence shall be prima facie evidence of the facts so certified and it shall not be necessary to prove the signature of such officer or that he was, in fact, such officer or was so authorised.

7 Fees on and issue of exporters' (general) licences.

7.—(1) On every application for an exporter's (general) licence there shall be paid to the Minister by the applicant a fee of one pound and ten shillings, returnable to the applicant if his application be refused, and the payment of such fee shall be a condition precedent to the entertainment of the application by the Minister.

(2) If the Minister after consideration of an application for an exporter's (general) licence is of opinion that such licence should be granted, he shall cause a notification in writing to that effect to be sent to the applicant.

(3) If on receipt of a notification in accordance with the foregoing sub-section the applicant pays to the Minister a further fee of thirteen pounds and ten shillings the Minister shall forthwith issue to him an exporter's (general) licence.

8 Fees on and issue of exporters' (growers') licences.

8.—(1) On every application for an exporter's (grower's) licence there shall be paid to the Minister by the applicant a fee of ten shillings, returnable to the applicant if his application be refused, and the payment of such fee shall be a condition precedent to the entertainment of such application by the Minister.

(2) If the Minister, after consideration of an application for an exporter's (grower's) licence, is of opinion that such licence should be granted, the Minister shall cause a notification in writing to that effect to be sent to the applicant.

(3) If on receipt of a notification sent in accordance with the foregoing sub-section the applicant for an exporter's (grower's) licence pays to the Minister a further fee of four pounds and ten shillings the Minister shall, on the expiration of the period of thirty days from the date of the application or, if at the time of receiving such further fee such period has expired, forthwith issue to such applicant an exporter's (grower's) licence.

9 Inspection fees.

9.—(1) Every licensed (general) exporter shall in respect of every consignment of potatoes submitted by him to an inspector for examination under this Act pay to the Minister at the time and in the manner provided by this Act a fee (in this Act referred to as an inspection fee) in accordance with the following provisions, that is to say:—

(a) the inspection fee shall be calculated by reference to the number of tons of potatoes in such consignment, and shall be at the respective rate for every ton mentioned in this sub-section;

(b) where the potatoes in such consignment are graded and packed in registered premises of which such exporter is the registered proprietor, the rate shall be—

(i) in the case of ware potatoes, sixpence, and

(ii) in the case of seed potatoes, such rate (not exceeding nine pence for every ton) as may be prescribed;

(c) where the potatoes in such consignment are graded and packed in registered premises of which such exporter is not the registered proprietor, the rate shall be—

(i) if such potatoes (whether ware potatoes or seed potatoes) are submitted for examination at a railway station or a wharf, such rate (not exceeding nine pence for every ton) as may be prescribed,

(ii) if such potatoes (whether ware potatoes or seed potatoes) are submitted for examination at any other place, such rate (not exceeding one shilling for every ton) as may be prescribed.

(2) Every licensed (grower) exporter shall in respect of every consignment of potatoes submitted by him to an inspector for examination under this Act pay to the Minister at the time and in the manner provided by this Act a fee (in this Act also referred to as an inspection fee) calculated by reference to the number of tons of potatoes in such consignment and such fee shall be at such rate (not exceeding six pence for every ton of ware potatoes and nine pence for every ton of seed potatoes) as may be prescribed.

(3) For the purpose of calculating the amount of any inspection fee chargeable under this section the following provisions shall have effect, that is to say:—

(a) any reference in this section to the weight of potatoes shall be deemed to be a reference to the weight of such potatoes and the packages in which they are contained;

(b) where the weight of the potatoes in any consignment is less than one ton the weight of such potatoes shall be deemed to be one ton;

(c) where the weight of potatoes in any consignment exceeds a ton or exceeds any complete number of tons such excess shall be deemed to be a ton.

10 Time and manner of payment of inspection fees.

10.—(1) As soon as may be after the expiration of every account period the Minister shall ascertain in the prescribed manner the amount (if any) due for inspection fees by every licensed exporter in respect of potatoes submitted by such exporter to an inspector for examination by such inspector under this Act during such period and shall issue a certificate (in this section referred to as a certificate of indebtedness) in the prescribed form certifying the amount due by such licensed exporter for inspection fees in respect of such account period.

(2) Every certificate of indebtedness shall be conclusive evidence of all matters purported to be certified therein.

(3) As soon as may be after the issue of each certificate of indebtedness, a copy thereof shall be served by post on the licensed exporter whose indebtedness for inspection fees is certified by such certificate and immediately upon such service the amount certified to be payable by such certificate shall become and be due and payable by such licensed exporter to the Minister, and after the expiration of four weeks from such service shall be recoverable by the Minister as a simple contract debt in any court of competent jurisdiction.

(4) If a licensed exporter 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 such licensed exporter's licence, but such revocation shall not relieve such licensed exporter from liability to pay the said amount.

(5) Where an exporter's licence is revoked under the foregoing sub-section, the registration in the register of potato packing premises of the premises of which he is the registered proprietor shall, by virtue of this sub-section, be cancelled as from the date upon which the revocation of such licence took place, and such premises shall not be again registered in the said register so long as the amount or any part of the amount the non-payment of which occasioned such revocation remains unpaid.

(6) For the purposes of this section each of the following periods shall be an account period, that is to say:—

(a) every period of three months commencing on any 1st day of January;

(b) every period of three months commencing on any 1st day of April;

(c) every period of six months commencing on any 1st day of July.

11 Devolution of licence on death.

11.—Where a licensed exporter dies, the exporter's licence held by him shall devolve on his legal personal representative as part of his personal estate.

12 Transfer of exporter's licence.

12.—The Minister may on the application of a licensed exporter or, where a licensed exporter is an incorporated body, of the liquidator of such body, or of the legal personal representative of a deceased licensed exporter, transfer the licence held by such licensed exporter to another person, but an exporter's licence shall not be so transferred to a person who at the date of such transfer is not the registered proprietor of registered premises.

13 Rectification and revocation of exporter's licences.

13.—(1) The Minister may at any time alter or revoke an exporter's licence upon the application of the holder of such licence or, in the case of an individual, the legal personal representative or, in the case of an incorporated body, the liquidator of the holder of such licence.

(2) The Minister may at any time, without any such application, revoke an exporter's licence if he is satisfied—

(a) that such licence was procured by fraud or by misrepresentation whether fraudulent or innocent; or

(b) that the premises of which the holder of such licence is the registered proprietor have ceased to be registered in the register of potato packing premises; or

(c) that the holder of such licence, if an individual, has died or, if an incorporated body, has been dissolved and that such licence has not been transferred by the Minister under this Act to another person within three months after such death or dissolution; or

(d) that the holder of such licence has been adjudicated a bankrupt; or

(e) in the case of an exporter's (general) licence, that in any calendar year other than the first calendar year subsequent to the date on which such licence was issued either—

(i) no potatoes were exported by the holder of such licence during such year, or

(ii) if ware potatoes only were exported by such holder during such year, the quantity so exported was less than three hundred tons, or

(iii) if seed potatoes only were exported by such holder during such year, the quantity so exported was less than one hundred and fifty tons, or

(iv) if both ware potatoes and seed potatoes were exported by such holder during such year, the total quantity of potatoes so exported was less than three hundred tons;

for the purpose of this sub-paragraph, a quantity of seed potatoes shall be reckoned as weighing twice its actual weight; or

(f) in the case of an exporter's (grower's) licence, that in the opinion of the Minister the holder of such licence has committed a breach of the statutory conditions attaching to an exporter's (grower's) licence or either of such conditions; or

(g) that, in the opinion of the Minister, there has been any contravention by the holder of such licence (whether by way of commission or omission) of this Act or any regulations made thereunder; or

(h) that the holder of such licence, having made a contract for the sale of potatoes to be exported by virtue of his licence has, in the opinion of the Minister, without reasonable cause failed or omitted to carry out such contract.

(3) Before revoking (otherwise than in accordance with an application in that behalf made under this section) an exporter's licence, the Minister shall give at least one fortnight's notice in writing of his intention so to revoke such licence to the holder thereof, or his legal personal representative (if any) or the liquidator of the holder (as the case may be), and shall consider any representations made before the expiration of such notice by such holder, or legal personal representative or liquidator (as the case may be), and may if he thinks fit cause an inquiry to be held in relation to the matter.

(4) A notice of the Minister's intention to revoke or alter an exporter's licence may be served by delivering it to the person to whom it is addressed or by leaving it with a person over sixteen years of age on the registered premises of the holder of the licence or by sending it by post to the person to whom it is addressed at his last known place of abode.

(5) Where an exporter's licence has been revoked by the Minister under this section, the Minister may at any time thereafter refuse to grant an exporter's licence to the person who was the holder of such first-mentioned licence immediately before the revocation thereof.

14 Evidence of contents of register.

14.—(1) The register of potato packing premises shall be—

(a) deemed to be in the proper custody when in the custody of the Minister or of any officer of the Minister authorised in that behalf by the Minister; and

(b) admissible in evidence without further proof on production from the proper custody.