Agricultural Produce (Cereals) Act , 1933

(3) Every order made under the immediately preceding sub-section shall be made not later than two years before the commencement of the sale (wheat) season to which it relates.

(4) The Executive Council may, at any time before the commencement or during the currency of a sale (wheat) season, by order under this sub-section increase the standard price per barrel for home-grown millable wheat fixed by or under the preceding provisions of this section in respect of such sale (wheat) season, and whenever any such order is made the standard price per barrel for home-grown millable wheat shall in respect of the sale (wheat) season to which such order relates be the standard price as so increased by such order.

(5) Every order made under this section shall be laid before Dáil Eireann as soon as may be after it is made and if a resolution annulling such order is passed by Dáil Eireann within the next subsequent twenty-one days on which Dáil Eireann has sat after such order is so laid before it, such order shall be annulled accordingly but without prejudice to the making of a fresh order.

68 Sale (home-grown wheat) certificates.

68.—(1) Every certificate (in this Part of this Act referred to as a sale (home-grown wheat) certificate) required by this section to be used shall be in the following form:—

“AGRICULTURAL PRODUCE (CEREALS) ACT, 1933.

SALE (HOME-GROWN WHEAT) CERTIFICATE.

PART I.

I hereby certify as follows:—

(a) that on the_day of_I sold to_ of_wheat to the amount of_barrels, of 20 stones each, and

(b) that the said wheat was harvested during the current cereal year and was the produce of a crop grown by_ at the lands of_ in the county of_, and

(c) that the said lands were entered in the register of wheat growers during the period of three months next preceding the commencement of such cereal year, and

(d) that I was registered in the said register in respect of the said lands during the said period or that I am the personal representative (or liquidator) of the person who was registered in the said register in respect of the said lands during the said period or that I am the assignee of the said lands.

Signature of Vendor_

Address of Vendor_

Dated the_day of_19_

PART II.

I hereby certify as follows:—

(a) that on the_I purchased from_of_ millable home-grown wheat to the amount of _barrels of 20 stones each, and

(b) that the said wheat has been duly delivered to me, and

(c) that the price paid by me for the said wheat was_per barrel of 20 stones, and

(d) that I am the holder of a milling licence granted under Part II of the above mentioned Act in respect of the mill situate at_or that I am entitled, by virtue of paragraph (b) or paragraph (c) of sub-section (1) of section 19 of the above mentioned Act, in my capacity as _of_who was or is the holder of a milling licence granted under Part II of the said Act in respect of the mill situate at_to carry on the business of milling wheat at such mill, or that I am registered in the register of wheat dealers or that I am registered in the register of distillers, and

(e) that the said wheat has been or will be brought on to or dealt with at the following premises_

Signature of Purchaser_

Address of Purchaser_

Dated this_day of_19_”

(2) Whenever during any sale (wheat) season in a cereal year any home-grown millable wheat harvested during such cereal year and grown on premises entered in the register of wheat growers during the period of three months next preceding the commencement of such cereal year is sold to a person (in this section referred to as the purchaser) who is either the holder of a milling licence, a registered wheat dealer, or a registered distiller by a person (in this section referred to as the vendor) who is either the person (in this section referred to as the registered person) who was so registered in respect of such premises during such period or the personal representative or liquidator of the registered person or the assignee from the registered person or the personal representative of the registered person of such premises, the following provisions shall have effect, that is to say:—

(a) the vendor shall upon delivery to the purchaser of such wheat, furnish to the purchaser a form of sale (home-grown wheat) certificate having previously inserted inPart I of the said form the particulars indicated therein and appropriate to the transaction and signed the said Part I at foot thereof,

(b) the purchaser upon being furnished with the said form with Part I thereof duly completed in accordance with the immediately preceding paragraph and signed by the vendor shall do the following things, that is to say:—

(i) insert in Part II of the said form the particulars indicated in the said Part II and appropriate to the said transaction and sign the said Part II, at the foot thereof, and

(ii) send the said form to the Minister forthwith, and

(iii) deliver a copy thereof as completed by the vendor and the purchaser to the vendor.

(3) If any person fails or neglects to comply with the provisions of this section or makes in any sale (home-grown wheat) certificate any statement which is false or misleading in any material respect, such person shall be guilty of an offence under this section and shall be liable on summary conviction thereof to the penalties mentioned in Part I of the First Schedule to this Act.

69 Particulars of purchases of home-grown wheat by the Minister for Industry and Commerce.

69.—Whenever the Minister for Industry and Commerce has, in exercise of the powers conferred on him by Part VIII of this Act, during any sale (wheat) season in a cereal year purchased any home-grown millable wheat harvested during such year and grown on premises entered in the register of wheat growers during the three months next preceding the commencement of such year, the said Minister shall as soon as may be after every such purchase furnish to the Minister for Agriculture a statement setting out—

(a) the name and address of the vendor;

(b) the number of barrels of wheat purchased;

(c) the price per barrel paid for such wheat; and

(d) the premises on which such wheat was grown.

70 Ascertainment of average price of home-grown wheat in respect of sale (wheat) seasons.

70.—(1) The Minister shall, as soon as may be after the expiration of every sale (wheat) season, ascertain from the sale (home-grown wheat) certificates in relation to such season furnished to him under the provisions of this Part of this Act and from the statements (if any) in relation to such season furnished to him by the Minister for Industry and Commerce under the immediately preceding section the amount per barrel paid for home-grown millable wheat sold during such season and the amount as ascertained by him shall, for the purposes of this Part of this Act, be the ascertained average price per barrel of home-grown wheat for such season.

(2) As soon as the ascertained average price of home-grown wheat for any sale (wheat) season has been ascertained under this section, the Minister shall cause particulars thereof to be published in the Iris Oifigiúil.

71 Bounty on homegrown millable wheat.

71.—(1) If in any sale (wheat) season of a cereal year the ascertained average price per barrel of home-grown millable wheat for that season is less than the standard price per barrel for that season, every person who proves to the satisfaction of the Minister that in that season, he has sold to the holder of a milling licence, a registered wheat dealer, a registered distiller or the Minister for Industry and Commerce any home-grown millable wheat harvested during such cereal year or, being the holder of a milling licence has milled into flour or wheaten meal any home-grown wheat harvested during such cereal year and grown on premises in respect of which he was registered in the register of wheat growers during the period of three months before the commencement of such cereal year shall, subject to the provisions of this Act (including this section) be paid by the Minister, out of moneys provided by the Oireachtas, in respect of every barrel of such wheat a sum (in this Act referred to as a wheat bounty) equal to the difference between such ascertained average price per barrel and such standard price per barrel.

(2) No wheat bounty shall be payable in respect of any homegrown millable wheat sold in a cereal year unless—

(a) such wheat was grown on premises entered in the register of wheat growers during the period of three months next preceding the commencement of such cereal year; and

(b) the vendor of such wheat was either—

(i) the person who was so registered during the said period in respect of such premises, or

(ii) the personal representative or liquidator of such person, or

(iii) the assignee from such person of such premises.

72 Minimum and maximum amounts of wheat in respect of which wheat bounty may be paid.

72.—(1) Subject to the provisions of this section, the Minister may from time to time by order declare that, where in any specified cereal year a person disposes of home-grown millable wheat which is less in amount than the minimum amount fixed in relation to such year by such order, no wheat bounty shall be payable in respect of any of such wheat, and whenever any order is made under this sub-section in relation to a cereal year and is in force, the following provisions shall have effect, that is to say, where a person in such cereal year disposes of home-grown millable wheat which is less in amount than the minimum amount fixed by such order, no wheat bounty shall be paid in respect of any of such wheat.

(2) Subject to the provisions of this section, the Minister may from time to time by order declare that, where in any specified cereal year a person disposes of home-grown millable wheat which exceeds in amount the maximum amount fixed by such order in relation to such year, wheat bounty shall be payable only in respect of so much of such wheat as does not exceed the said maximum amount, and whenever any order is made under this sub-section in relation to a cereal year and is in force, the following provisions shall have effect, that is to say:—

(a) where a person in such cereal year disposes of home-grown millable wheat (in this sub-section referred to as the year's crop) which exceeds in quantity the maximum amount (in this sub-section referred to as the maximum) fixed by such order, wheat bounty, if payable to such person, shall be paid only on so much of the year's crop as does not exceed the maximum;

(b) where the year's crop is disposed of in two sale (wheat) seasons of such cereal year, the following provisions shall have effect in relation to the amount of the year's crop upon which wheat bounty, if payable to such person, is to be paid and the rate or rates thereof, that is to say:—

(i) if the amount of the year's crop disposed of in the earlier sale (wheat) season of such cereal year exceeds the maximum, wheat bounty, at the rate appropriate to such sale (wheat) season, shall be paid only on so much thereof as does not exceed the maximum, and no wheat bounty shall be paid on the remainder of the year's crop,

(ii) if the amount of the year's crop disposed of in such earlier sale (wheat) season equals the maximum, wheat bounty, at the rate appropriate to such season, shall be paid only on that amount, and no wheat bounty shall be paid on the remainder of the year's crop,

(iii) if the amount of the year's crop disposed of in such earlier sale (wheat) season is less than the maximum, wheat bounty, at the rate appropriate to such sale (wheat) season, shall be paid on that amount, and wheat bounty, at the rate appropriate to the other sale (wheat) season of such cereal year, shall be paid only on so much of the year's crop disposed of in such other sale (wheat) season as, with the amount of the year's crop disposed of in such earlier sale (wheat) season, does not exceed the maximum;

(c) where the year's crop is disposed of in the three sale (wheat) seasons of such cereal year, the following provisions shall have effect in relation to the amount of the year's crop upon which wheat bounty, if payable to such person, is to be paid, and the rate or rates thereof, that is to say:—

(i) if the amount of the year's crop disposed of in the first sale (wheat) season of such cereal year exceeds the maximum, wheat bounty, at the rate appropriate to such first sale (wheat) season, shall be paid only on so much thereof as does not exceed the maximum, and no wheat bounty shall be paid on the remainder of the year's crop,

(ii) if the amount of the year's crop disposed of in such first sale (wheat) season equals the maximum, wheat bounty, at the rate appropriate to such first sale (wheat) season, shall be paid on that amount, and no wheat bounty shall be paid on the remainder of the year's crop,

(iii) if the amount of the year's crop disposed of in such first sale (wheat) season does not exceed the maximum, the following provisions shall have effect, that is to say:—

I. wheat bounty, at the rate appropriate to such first sale (wheat) season, shall be paid on that amount, and

II. wheat bounty, at the rate appropriate to the second sale (wheat) season of such cereal year, shall be paid on so much of the year's crop disposed of in such second sale (wheat) season as, with the part of the year's crop disposed of in such first sale (wheat) season, does not exceed the maximum,

III. in case the amount of the year's crop disposed of in such first and second sale (wheat) seasons upon which bounty is payable under the preceding provisions of this sub-paragraph equals or exceeds the maximum, no wheat bounty shall be paid on the remainder of the year's crop,

IV. in case the amount of the year's crop disposed of in such first and second sale (wheat) seasons is less than the maximum, wheat bounty, at the rate appropriate to the third sale (wheat) season of such cereal year, shall be paid on so much of the year's crop disposed of in such third sale (wheat) season as, with the amounts disposed of in such first and second sale (wheat) seasons does not exceed the maximum.

(3) Nothing in this section shall be construed as preventing orders in relation to the same cereal year being made under both sub-sections (1) and (2) of this section.

(4) Every order made under this section in relation to a cereal year shall be made not later than one year before the commencement of such cereal year.

(5) In this section the expression “disposes of” shall be construed as equivalent to the expression “sells or mills into flour” and the expression “disposed of” shall be construed accordingly.

(6) Every order made under this section shall be laid before each House of the Oireachtas as soon as may be after it is made, and if a resolution is passed by either House of the Oireachtas within the next subsequent twenty-one days on which that House has sat annulling such order, such order shall be annulled accordingly, but without prejudice to the validity of anything previously done under such order.

73 Recovery of over-payments of bounties.

73.—(1) If it is found at any time that any person has obtained any payment by way of bounty under this Part of this Act to which or to part of which he was not lawfully entitled, the amount of that payment or of that part of the payment may, irrespective of the amount thereof, and without prejudice to any criminal liability in respect thereof be recovered by civil proceedings at the suit of the Minister in either the High Court, the Circuit Court or the District Court.

(2) In any proceedings under this section a certificate in writing signed by the Minister stating that a person has obtained a payment of a specified amount by way of bounty under this Part of this Act and that such person was not entitled to such payment or to a specified part thereof shall be prima facie evidence of those matters as stated in such certificate.

74 False statements in relation to bounties.

74.—If any person for the purposes of obtaining a bounty under this Part of this Act for himself or any other person makes any statement or representation in writing which is false or misleading in any material particular, such person and, in the case of a body corporate, every director, manager and secretary thereof, shall, unless he proves that he did not know and could not with reasonable diligence have ascertained that the statement was false or misleading as aforesaid or, in the case of a director, manager or secretary of a body corporate making such statement, that the statement or representation was made without his knowledge or without his consent, be guilty of an offence under this section and shall be liable on summary conviction thereof to the penalties mentioned in Part I of the First Schedule to this Act.

75 Restrictions on sale of imported wheat.

75.—(1) It shall not be lawful for any registered wheat importer to sell any imported wheat unless either—

(a) such wheat is sold to another registered wheat importer, the holder of a milling licence, or the Minister for Industry and Commerce, or

(b) such wheat is sold under and in accordance with a licence granted by the Minister.

(2) The Minister may attach to any licence granted under this section such conditions as he thinks fit and may revoke such licence at any time.

(3) 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 the penalties mention in Part III of the First Schedule to this Act.

76 Restrictions on re-sale of home-grown millable wheat.

76.—(1) Where any home-grown millable wheat is on or after the 1st day of August, 1933, sold and a sale (home-grown wheat) certificate has been made in respect of such wheat, it shall not be lawful for the purchaser of such wheat or any subsequent purchaser from him to sell such wheat unless such wheat is either—

(a) sold to the holder of a milling licence, a registered wheat dealer, a registered distiller, or the Minister for Industry and Commerce, or

(b) sold under and in accordance with a licence granted by the Minister, or

(c) sold under and in accordance with regulations made under this section.

(2) The Minister may attach to any licence granted under this section such conditions as he thinks fit and may revoke any such licence at any time.

(3) The Minister may by order make regulations authorising the sale of home-grown millable wheat which is the subject of a sale (home-grown wheat) certificate to persons intending to use such wheat for seed and prescribing the conditions (including limitations as to quantity) under which such wheat may be sold or disposed of.

(4) 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 the penalties mentioned in Part III of the First Schedule to this Act.

PART VI. Restrictions on Sale of Maize, Maize Meal and Maize Meal Mixture.

77 “The Minister” in Part VI.

77.—In this Part of this Act the expression “the Minister” means the Minister for Agriculture.

78 Regulations under Part VI.

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

79 Prosecution of offences under Part VI.

79.—Any offence under any section in this Part of this Act may be prosecuted by or at the suit of the Minister as prosecutor.

80 Restrictions on sale of maize.

80.—(1) It shall not be lawful for a registered maize importer—

(a) if he is also a registered maize miller, to sell maize to any person; or

(b) in any other case, to sell maize to any person, other than another registered maize importer, or a registered maize miller or the Minister,

unless such maize is sold under and in accordance with a licence granted to him by the Minister and is so sold to a person to whom a licence to purchase maize has been granted by the Minister.

(2) It shall not be lawful for a registered maize miller to sell any maize unless under and in accordance with a licence granted by the Minister.

(3) The Minister may attach to any licence granted under this section such conditions as he thinks fit and may revoke such licence at any time.

(4) 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 the penalties mentioned in Part III of the First Schedule to this Act.

81 Restrictions or sale of maize meal.

81.—(1) It shall not be lawful for any person to sell any maize meal unless either—

(a) all the following conditions are complied with, that is to say:—

(i) such maize meal is intended for human consumption, and

(ii) such maize meal is sold in a package secured in the prescribed manner, and

(iii) the weight of maize meal in such package does not exceed the prescribed weight or, if no weight is for the time being prescribed, one stone, or

(b) in case such maize meal is sold wholesale by a registered maize miller such maize meal is sold under and in accordance with, a licence granted by the Minister, or

(c) such maize meal (being the entire product of grinding maize) forms part of a maize meal mixture or of a compound feeding stuff one of the component parts of which is a maize meal mixture.

(2) The Minister may attach to any licence granted under this section such conditions as he thinks fit and may revoke such licence at any time.

(3) 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 the penalties mentioned in Part I of the First Schedule to this Act.

82 Conditions relating to sale of maize meal mixtures by registered maize millers.

82.—(1) It shall not be lawful for any registered maize miller to sell or offer for sale any maize meal mixture unless such maize meal mixture complies with the following specifications, that is to say:—

(a) oats (if any) included therein is, if an order under sub-section (3) of this section is not then in force, in one or other of the following forms, that is to say, the entire product derived from grinding oats or the entire product derived from grinding the kernels only of oats, or, if any such order is then in force, in the form required by such order;

(b) the amount by weight of oats (if any) included therein in the form of the entire product derived from grinding oats does not exceed the prescribed percentage of such maize meal mixture;

(c) in case such maize meal mixture does not include any oats or includes any oats in the form of the entire product derived from grinding oats, the amount by weight of the product derived from grinding maize included therein does not exceed the prescribed percentage of such maize meal mixture;

(d) in case such maize meal mixture includes any oats in the form of the entire product derived from grinding the kernels only of oats, the amount by weight of the product derived from grinding maize included therein does not exceed the appropriate prescribed percentage of such maize meal mixture.

(2) The Minister in making regulations in relation to the percentage referred to in paragraph (d) of the immediately preceding sub-section as prescribed shall, by reference to the quantity of oats contained in maize meal mixtures to which the said paragraph (d) applies, divide such maize meal mixtures into such and so many classes as he may think proper, and shall prescribe different percentages in respect of different classes, and the percentage so prescribed in respect of any such class shall for the purposes of the said paragraph (d) be the appropriate prescribed percentage in relation to every maize meal mixture which belongs to such class.

(3) The Minister may from time to time by order require any oats included in a maize meal mixture to be in the form of the entire product derived from grinding the kernels only of oats.

(4) The Minister may by order revoke any order previously made by him under the immediately preceding sub-section.

(5) If any registered maize miller acts in contravention of this section such registered maize miller shall be guilty of an offence under this section and be liable on summary conviction thereof to the penalties mentioned in Part I of the First Schedule to this Act.

83 Provisions in relation to sale of maize meal mixture.

83.—(1) It shall not be lawful for any person to sell or offer for sale any maize meal mixture unless the following conditions are complied with, that is to say:—

(a) such maize meal mixture is contained in a package, and

(b) if the weight of maize meal mixture is one hundred weight or more, there is indicated in the prescribed manner on such package particulars of the percentage by weight of each of the component parts of such mixture.

(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 the penalties mentioned in Part I of the First Schedule to this Act.

84 Moisture and fibre in maize meal mixture.

84.—(1) It shall not be lawful for any registered maize miller to sell or offer for sale any maize meal mixture prepared by him which contains more than the prescribed percentage (if any) of moisture.

(2) It shall not be lawful for any registered maize miller to sell or offer for sale any maize meal mixture prepared by him which contains more than the prescribed percentage (if any) of fibre.

(3) 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 the penalties mentioned in Part III of the First Schedule to this Act.

PART VII. Restrictions on the Importation of Flour, Bread, Wheat, Maize Meal and Certain Feeding Stuffs and on the Exportation of Certain Feeding Stuffs.

85 Restrictions on importation of flour.

85.—(1) It shall not be lawful for any person to import into Saorstát Eireann any flour or wheaten meal unless—

(a) such person is a registered flour importer, and

(b) such flour or meal is imported under and in accordance with a licence granted under this Part of this Act by the Minister for Industry and Commerce.

(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 the penalties mentioned in Part II of the First Schedule to this Act.

(3) An offence under this section may be prosecuted by or at the suit of the Minister for Industry and Commerce as prosecutor.

86 Restrictions on importation of bread, etc.

86.—(1) It shall not be lawful for any person to import into Saorstát Eireann any bread, buns, biscuits, or other preparations in the manufacture of which flour or meal milled wholly or mainly from wheat is used unless under and in accordance with a licence granted under this Part of this Act by the Minister for Industry and Commerce.

(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 the penalties mentioned in Part II of the First Schedule to this Act.

(3) An offence under this section may be prosecuted by or at the suit of the Minister for Industry and Commerce as prosecutor.

87 Restrictions on importation of wheat.

87.—(1) It shall not be lawful for any person to import into Saorstát Eireann wheat unless either—

(a) (i) such person is a registered wheat importer, and

(ii) such wheat is imported under and in accordance with a licence granted under this Part of this Act by the Minister for Agriculture, or

(b) such person is the Minister for Industry and Commerce, or

(c) such wheat is imported under and in accordance with a permit granted under this section by the Minister for Agriculture.

(2) Where the Minister for Agriculture is satisfied that any wheat is intended solely for sale or use as seed, he may by permit authorise any person who is not a registered wheat importer, subject to such conditions as he thinks fit to impose to import such wheat either, as the Minister thinks proper, without limit as to time or quantity or either of them or within a specified time or in a specified quantity.

(3) 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 the penalties mentioned in Part II of the First Schedule to this Act.

(4) An offence under this section may be prosecuted by or at the suit of the Minister for Agriculture as prosecutor.

88 Restrictions on importation of maize.

88.—(1) It shall not be lawful for any person to import into Saorstát Eireann any maize unless—

(a) (i) such person is a registered maize importer, and

(ii) such maize is imported under and in accordance with a licence granted under this Part of this Act by the Minister for Agriculture, or

(b) such person is the Minister for Agriculture.

(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 the penalties mentioned in Part II of the First Schedule to this Act.

(3) An offence under this section may be prosecuted by or at the suit of the Minister for Agriculture as prosecutor.

89 Restrictions on importation of oats, hay and straw.

89.—(1) Subject to the provisions of this section, it shall not be lawful for any person to import into Saorstát Eireann any oats, hay or straw (excluding hay or straw used as a packing material and imported with the goods for the packing of which it is used) unless under and in accordance with a licence granted under this Part of this Act by the Minister for Agriculture.

(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 the penalties mentioned in Part II of the First Schedule to this Act.

(3) An offence under this section may be prosecuted by or at the suit of the Minister for Agriculture as prosecutor.

(4) Nothing in this section shall be construed as rendering it lawful to import into Saorstát Eireann any hay or straw used as packing material, the importation of which is prohibited under the Diseases of Animals Acts, 1894 to 1932.

90 Scheduled feeding stuffs.

90.—(1) Each of the articles specified in the Third Schedule to this Act shall be a scheduled feeding stuff for the purposes of this Part of this Act.

(2) The Minister for Agriculture may by order under this section declare that any article (not being already a scheduled feeding stuff) shall be a scheduled feeding stuff for the purposes of this Part of this Act and whenever any such order is made the article to which such order relates shall be a scheduled feeding stuff for the purposes of this Part of this Act.

(3) Every order made under this section shall be laid before each House of the Oireachtas as soon as may be after it is made, and if a resolution annulling such order is passed by either such House within the next subsequent twenty-one days on which that House has sat after such order is so laid before it, such order shall be annulled accordingly but without prejudice to the validity of anything previously done under such order.

91 Restrictions on importation of scheduled feeding stuffs.

91.—(1) It shall not be lawful for any person to import into Saorstát Eireann any scheduled feeding stuff or any substance (other than an excepted article) used in the preparation of any scheduled feeding stuff unless under and in accordance with a licence granted under this Part of this Act by the Minister for Agriculture.

(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 the penalties mentioned in Part II of the First Schedule to this Act.

(3) An offence under this section may be prosecuted by or at the suit of the Minister for Agriculture as prosecutor.

(4) Each of the articles specified in sub-paragraphs (b) to (w), both inclusive, of paragraph 7 of the Third Schedule to this Act shall be an excepted article for the purposes of this section, but if the Minister makes an order declaring that any of the said articles shall be a scheduled feeding stuff for the purposes of this Part of this Act, the article to which such order relates shall cease to be an excepted article for the purposes of this section.

92 Import licences.

92.—(1) The Minister for Industry and Commerce may by licence authorise any person, subject to compliance with such conditions as he thinks fit to impose, to import into Saorstát Eireann any of the articles to which this sub-section applies, either as the said Minister thinks proper, without limit as to time or quantity, or either of them or within a specified time, or in a specified quantity.

This sub-section applies to the following articles, namely:—

(a) wheaten flour;

(b) wheaten meal;

(c) bread;

(d) buns;

(e) biscuits; and

(f) any other preparation in the manufacture of which flour or meal milled wholly or mainly from wheat is used.

(2) The Minister for Agriculture may by licence authorise any person, subject to compliance with such conditions as he thinks fit to impose, to import into Saorstát Eireann any article to which this sub-section applies, either, as the said Minister thinks proper, without limit as to time or quantity, or either of them or within a specified time or in a specified quantity.

This sub-section applies to the following articles, namely:—

(a) wheat;

(b) maize;

(c) maize meal;

(d) oats, hay, and straw; and

(e) any scheduled feeding-stuff or any substance used in the preparation of any scheduled feeding-stuff.

(3) Any licence granted under this section may be revoked at any time by the Minister by whom it was granted.

93 Application of Customs Acts.

93.—Articles prohibited to be imported by virtue of this Part of this Act shall be deemed to be included among the goods enumerated and described in the Table of Prohibitions and Restrictions Inwards contained in section 42 of the Customs Consolidation Act, 1876, and the provisions of that Act, as amended or extended by any subsequent Act, applying to the importation of prohibited or restricted goods, shall apply accordingly.

94 Restrictions on exportation of certain feeding stuffs.

94.—(1) The Minister for Agriculture may, if he so thinks fit at any time and from time to time, by order, do the following things, that is to say:—

(a) prohibit the exportation of any article to which this section applies save under and in accordance with a licence granted under this section by the Minister for Agriculture, and

(b) revoke any order previously made by him under this section.

(2) Whenever any order prohibiting the exportation of any article to which this section applies is in force, it shall not be lawful for any person to export any such article.

(3) Any officer of Customs and Excise may detain and seize any article to which this section applies being or attempted to be exported in contravention of this section and for that purpose may open any packet containing or suspected by him of containing any such article and the provisions of the Customs Consolidation Act, 1876, in relation to the condemnation and disposal of goods seized under that Act shall apply to all articles seized under this section in like manner as if they had been seized under that Act.

(4) This section shall have effect as though it were included in the Customs Consolidation Act, 1876, and that Act and any Act amending or extending that Act shall apply accordingly, and if any articles the export of which is prohibited by this section are exported in contravention of this section or are brought to any quay or other place for the purpose of being so exported or are waterborne to be so exported, the exporter or his agent shall be liable to the same penalty as that to which a person is liable under section 186 of that Act for illegally importing prohibited goods.

(5) This section applies to the following articles, that is to say:—

(a) wheat offals;

(b) any other product capable of being used as a feeding stuff for animals.

PART VIII. Wheat Milling and Grist Milling by the State.

95 Definitions in relation to Part VIII.

95.—In this Part of this Act—

the expression “potential flour mill” means a grain mill which complies with all the following conditions, namely—

(a) is not for the time being the subject of a milling licence, and

(b) is not a maize mill, and

(c) is in the opinion of the Minister for Industry and Commerce suitable for the milling of wheat;

the expression “unworked maize mill” means premises which are not entered in the register of maize millers but which are in the opinion of the Minister for Agriculture suitable for the milling of maize.

96 Information from owners of potential flour mills and unworked maize mills.

96.—(1) The Minister for Industry and Commerce may serve notice in writing on the owner of any potential flour mill requiring such owner to furnish to him within twenty eight days after the service of such notice such particulars in relation to such mill as may be specified in such notice.

(2) The Minister for Agriculture may serve notice in writing on the owner of any unworked maize mill requiring such owner to furnish to him within twenty-eight days after the service of such notice such particulars in relation to such mill as may be specified in such notice.

(3) If any person on whom a notice is served under this section refuses or neglects to furnish the particulars required by such notice, or furnishes any such particulars which are false or misleading in any material respect, such person 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) A notice under this section may be served by delivering it to the person to whom it is addressed or by sending it by registered post to the person to whom it is addressed at his last known place of abode.

(5) An offence under this section in relation to any notice served under this section may be prosecuted by or at the suit of the Minister by whom such notice was served as prosecutor.

97 Inspection of potential flour mills and unworked maize mills.

97.—(1) An inspector of the Minister for Industry and Commerce may, upon giving to the owner of a potential flour mill at least one month's notice in writing by registered letter addressed to him at his last known place of abode, enter upon the land on which such mill is situate and inspect such mill.

(2) An inspector of the Minister for Agriculture may, upon giving to the owner of an unworked maize mill at least one month's notice in writing by registered letter addressed to him at his last known place of abode, enter upon the land on which such mill is situate and inspect such mill.

(3) If any person obstructs any inspector in the exercise of the powers conferred on him by 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 ten pounds.

(4) An offence under this section in relation to an inspector of the Minister for Industry and Commerce may be prosecuted by or at the suit of that Minister as prosecutor and an offence under this section in relation to an inspector of the Minister for Agriculture may be prosecuted by or at the suit of that Minister as prosecutor.

98 Acquisition of mills by Ministers.

98.—(1) The Minister for Industry and Commerce may, with the consent of the Minister for Finance acquire, compulsorily or by agreement, any land on which there is situate a potential flour mill together with every right of way, water right or other easement used and enjoyed in connection therewith.

(2) The Minister for Agriculture may, with the consent of the Minister for Finance acquire, compulsorily or by agreement, any land on which there is situate an unworked maize mill together with every right of way, water right or other easement used and enjoyed in connection therewith.

(3) For the purpose of the acquisition of land under this section the Lands Clauses Acts shall be incorporated with this Act subject to the following modifications, that is to say:—

(a) the provisions relating to the sale of superfluous land and access to the special Act and section 133 (which relates to land tax and poor's rate) of the Lands Clauses Consolidation Act, 1845, shall not be incorporated with this Act, and

(b) in the construction of this Act and the incorporated Acts, this Act shall be deemed to be the special Act and the Minister acquiring such land shall be deemed to be the promoter of the undertaking, and

(c) the bond required by section 85 of the Lands Clauses Consolidation Act, 1845, shall be under the seal of the Minister acquiring such land and shall be sufficient without the addition of the sureties mentioned in that section.

(4) The price or compensation payable on the acquisition of land under this section and the expenses incurred by the Minister acquiring such land in relation to such acquisition shall, to such extent as shall be sanctioned by the Minister for Finance, be paid out of moneys provided by the Oireachtas.

(5) Land which is subject to a land purchase annuity or the subject of a land purchase agreement or vested or in course of being vested in the Irish Land Commission shall not be acquired under this section without the consent of the Irish Land Commission.

99 Milling of wheat by the Minister for Industry and Commerce.

99.—The Minister for Industry and Commerce may carry on the business of milling wheat on any land acquired by him under the immediately preceding section and for that purpose may do all or any of the following things, that is to say:—

(a) purchase plant, machinery and equipment;

(b) purchase wheat;

(c) import wheat;

(d) sell the produce of any wheat milled at any mill on such land;

(e) employ persons to assist in carrying on such business;

(f) enter into contracts;

(g) do all such other acts and things as he may consider necessary for the carrying on of such business as a commercial undertaking.

100 Grist milling by the Minister for Agriculture.

100.—The Minister for Agriculture may carry on the business of grist milling on any land acquired by him under this Part of this Act and for that purpose may do all or any of the following things that is to say:—

(a) purchase plant, machinery and equipment;

(b) purchase maize and home-grown cereals;

(c) import maize;

(d) sell the produce of any maize or other cereals milled at any mill on such land;

(e) employ persons to assist in carrying on such business;

(f) enter into contracts;

(g) do all such other acts and things as he may consider necessary for the carrying on of such business as a commercial undertaking.

101 Sale of mills and business by the Ministers.

101.—(1) The Minister for Industry and Commerce or the Minister for Agriculture (as the case may be) may, with the consent of the Minister for Finance, sell any land acquired by him under this Part of this Act and also the good will and stock in trade and other assets of any business carried on by him on such land in pursuance of this Part of this Act at such price as he may think proper.

(2) Any moneys received on a sale under this section shall be paid into or disposed of for the benefit of the Exchequer in such manner as the Minister for Finance may direct.

102 Accounts and audits.

102.—(1) The Minister for Industry and Commerce or the Minister for Agriculture (as the case may be) shall cause to be kept in such form as may be approved by the Minister for Finance in respect of every business carried on by him under this Part of this Act all proper and usual accounts of all moneys received or expended by him, including a capital account, revenue account, profit and loss account and a balance sheet.

(2) The accounts of the Minister for Industry and Commerce or the Minister for Agriculture (as the case may be) in respect of every business carried on by him under this Part of this Act shall at the end of every accounting year for such business be audited and be subject to a report by a duly qualified auditor appointed annually by such Minister with the consent of the Minister for Finance, and the fees of such auditor and the expenses generally of such auditor shall be part of the expenses of carrying on such business.

(3) Upon the completion of an audit under this section of the accounts of a Minister carrying on any business under this Part of this Act, such Minister shall cause a copy of the balance sheet and profit and loss account as passed by the auditor and a copy of the auditor's report to be laid before each House of the Oireachtas.

103 Profits and losses.

103.—(1) All profits made in carrying on any business under this Part of this Act shall be paid into or disposed of for the benefit of the Exchequer in such manner as the Minister for Finance may direct.

(2) All losses incurred in carrying on any business under this Part of this Act shall be paid out of moneys provided by the Oireachtas.

104 Expenses under Part VIII.

104.—All expenses incurred in carrying on any business under this Part of this Act shall, to such extent as may be sanctioned by the Minister for Finance, be paid out of moneys provided by the Oireachtas.

FIRST SCHEDULE. Penalties for certain offences.

PART I.

In the case of a first offence, a fine not exceeding one hundred pounds, or, in the case of a second or any subsequent offence, a fine not exceeding two hundred and fifty pounds or at the discretion of the Court imprisonment for any term not exceeding six months or both such fine and imprisonment.

PART II.

In the case of a first offence, a fine not exceeding fifty pounds, or in the case of a second or any subsequent offence, a fine not exceeding one hundred pounds or at the discretion of the Court imprisonment for any term not exceeding six months or both such fine and imprisonment.

PART III.

In the case of a first offence, a fine not exceeding twenty-five pounds or, in the case of a second or any subsequent offence, a fine not exceeding fifty pounds.

SECOND SCHEDULE. Standard Prices for Sale (Wheat) Seasons in Cereal Years Commencing on the 1st Day of August, 1933 and 1st Day of August, 1934.

Sale (Wheat) Seasons.	Standard price per barrel of 20 stones.
	s.	d.
Season commencing on 1st day of August, 1933, and ending on 15th day of December, 1933	23	6
Season commencing on 15th day of January, 1934, and ending on 15th day of April, 1934	25	0
Season commencing on 1st day of May, 1934, and ending on 31st day of July, 1934	25	0
Season commencing on 1st day of August, 1934, and ending on 15th day of December, 1934	23	6
Season commencing on 15th day of January, 1935, and ending on 15th day of April, 1935	25	0
Season commencing on 1st day of May, 1935, and ending on 31st day of July, 1935	25	0

THIRD SCHEDULE. Scheduled Feeding Stuffs.

(a) wheat, maize, oats, hay, straw, maize meal, barley, malted barley, rye, oatmeal and the articles mentioned at 6;

(b) cotton seed in grain;

(c) cotton seed cake meal, otherwise cotton seed meal;

(d) flax seed in grain, otherwise linseed in grain;

(e) linseed cake, linseed cubes, linseed nuts, linseed flakes, and linseed cake meal;

(f) earth nuts, otherwise ground nuts;

(g) earth nut cake, earth nut cubes, earth nut nuts, earth nut flakes, and earth nut cake meal;

(h) coconuts;

(i) copra;

(j) coconut cake, coconut cubes, coconut nuts, coconut flakes, and coconut cake meal;

(k) palm kernels;

(l) palm kernel cake, otherwise palm nut cake, palm kernel nuts, palm kernel flakes, and palm kernel meal;

(m) soya beans in grain;

(n) soya bean cake, soya bean cubes, soya bean nuts, soya bean flakes, and soya bean cake meal;

(o) beans in grain (not fresh) including locust beans;

(p) peas in grain (not fresh);

(q) fish meal and fish meal flakes;

(r) meat meal;

(s) meat and bone meal;

(t) blood meal;

(u) alfalfa meal;

(v) codliver oil;

(w) salt.