AGRICULTURAL PRODUCE (CEREALS) ACT, 1934

• (4) The Minister may by order make regulations in relation to any matter or thing referred to in sub-section (1) of this section as prescribed, and the word “prescribed” in the said sub-section (1) means prescribed by regulations made under this sub-section.

• (5) Where a licence has been granted, under sub-section (2) of section 28 of the Principal Act, as amended by this Act, authorising the holder of a milling licence in respect of a particular mill to mill into wheaten meal the whole of the quota for such mill in respect of the preliminary quota period (if any) or a specified quota year, the provisions of this section shall not apply in respect of such holder in relation to such mill during such preliminary quota period or quota year.

PART VII. Restriction on Manufacture of Bread, etc. from Wheaten Flour.

70 Definitions in relation to Part VII.

70.—In this Part of this Act—

the expression “the Minister” means the Minister for Industry and Commerce;

the expression “wheaten flour” means the finely-reduced product of wheat obtained by sifting the ground endosperm of

the wheat berry through a standard bolting cloth, not coarser than a No. 9 standard bolting cloth the bran and pollard of the wheat having been removed by suitable milling processes.

71 Prosecution of offences under Part VII.

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

72 Restriction on manufacture (bread) order.

72.—(1) The Minister may, whenever and so often as he thinks proper, by order (in this Act referred to as a restriction on manufacture (bread) order) prohibit the manufacture for sale from wheaten flour of any bread, buns, or cakes otherwise than under and in accordance with a licence issued under this Part of this Act.

• (2) Every restriction on manufacture (bread) order shall specify the date on which such order shall come into force and the date so specified shall not be earlier than the fourteenth day after the making of such order.

• (3) Every restriction on manufacture (bread) order shall be published in the Iris Oifigiúil as soon as conveniently may be after it is made.

• (4) The Minister may by order revoke a restriction on manufacture (bread) order.

73 Penalty for breach of restriction on manufacture (bread) order.

73.—(1) Whenever a restriction on manufacture (bread) order is in force it shall not be lawful for any person to manufacture for sale from wheaten flour any bread, buns or cakes otherwise than under and in accordance with a licence issued under this Part of this Act.

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

74 Manufacture (wheaten bread) licence.

74.—(1) Whenever a restriction on manufacture (bread) order is in force the Minister may, if he so thinks proper, on the application of any person issue a licence (in this Act referred to as manufacture (wheaten bread) licence) expressed to authorise such person to manufacture for sale from wheaten flour bread, buns, or cakes or any of them under and in accordance with the terms of such licence.

• (2) The Minister may attach to any manufacture (wheaten bread) licence such conditions as he may think fit as to the amount of bread, buns, or cakes or any of them which may be manufactured from wheaten flour under such licence and the time within which such manufacture may be carried out.

• (3) Every manufacture (wheaten bread) licence shall operate to authorise the person named therein to manufacture for sale from wheaten flour bread, buns and cakes, or any of them not exceeding the amount specified in such licence, but subject to the conditions of such licence.

75 Inspection of premises of manufacturers of bread, etc.

75.—(1) Whenever a restriction on manufacture (bread) order is in force, any inspector of the Minister for Industry and Commerce may enter at any reasonable time any premises on which the business of manufacturing for sale bread, buns or cakes is carried on, and inspect and take samples of any flour, bread, buns or cakes on such premises.

• (2) Every person who obstructs or impedes an inspector of the Minister for Industry and Commerce in the exercise of any of the powers conferred on him by this section shall be guilty of an offence under this section and shall be liable on summary conviction thereof to, in the case of a first offence under this section, a fine not exceeding five pounds or, in the case of a second or any subsequent offence under this section, a fine not exceeding ten pounds.

PART VIII. Wheaten Flour in Possession of Persons other than Registered Flour Importers and Holders of Milling Licences.

76 Definitions in relation to Part VIII.

76.—In this Part of this Act—

the expression “the Minister” means the Minister for Industry and Commerce;

the expression “wheaten flour” means the finely-reduced product of wheat obtained by sifting the ground endosperm of the wheat berry through a standard bolting cloth, not coarser than a No. 9 standard bolting cloth, the bran and pollard of the wheat having been removed by suitable milling processes.

77 Prosecution of offences under Part VIII.

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

78 Returns of wheaten flour in possession of certain persons.

78.—(1) The Minister may, whenever and so often as he thinks proper, by order (in this Part of this Act referred to as a returns (wheaten flour) order) require every person (other than a person who is a registered flour importer or the holder of a milling licence), who, on the day on which such order is made, has in his possession or at his disposal any quantity of wheaten flour in excess of twenty-eight thousand pounds, to send to the Minister, not later than five days after the publication of such order in the Iris Oifigiúil, a return of the quantity of wheaten flour in his possession or at his disposal on the said day and of the place or places where such flour is stored.

• (2) Every return made in pursuance of a returns (wheaten flour) order shall be verified by a statutory declaration made by the person required to make such return or, where such person is a corporate body, by a director or principal officer of such body corporate.

• (3) Every returns (wheaten flour) order shall be published in the Iris Oifigiúil as soon as conveniently may be after it is made.

• (4) If whenever a returns (wheaten flour) order is made, any person, who is required by such order to make a return to the Minister, fails, neglects, or refuses to make, in accordance with this section, to the Minister, within five days after the publication of such order in the Iris Oifigiúil, the return required by such order to be made by him, or makes in any such return 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 Schedule to this Act.

79 Inspection of stocks of wheaten flour.

79.—(1) Whenever a returns (wheaten flour) order is made any inspector of the Minister for Industry and Commerce or any member of the Gárda Síochána may enter at any reasonable time any premises on which he has reason to believe any wheaten flour is stored and inspect and take samples of any flour on such premises.

• (2) Every person who obstructs or impedes any inspector of the Minister for Industry and Commerce or member of the Gárda Síochána in the exercise of any of the powers conferred on him by this section shall be guilty of an offence under this section and shall be liable on summary conviction thereof to, in the case of a first offence under this section, a fine not exceeding five pounds or, in the case of a second or any subsequent offence under this section, a fine not exceeding ten pounds.

80 Compulsory sale orders.

80.—(1) Where—

• (a) a returns (wheaten flour) order is made, and

• (b) the Minister is satisfied that any person (other than a registered flour importer or a holder of a milling licence) had, on the day on which such order was made, in his possession or at his disposal any quantity of wheaten flour exceeding twenty-eight thousand pounds,

the Minister may, not later than twenty days after the publication of such returns (wheaten flour) order in the Iris Oifigiúil, serve an order (in this Part of this Act referred to as a compulsory sale order) on such person and on such other person, being the holder of a milling licence, as the Minister may select, requiring such first-mentioned person to sell to such other person and such other person to purchase from such first-mentioned person within a specified time a specified amount of wheaten flour, not greater than such excess, at such price and subject to such conditions as to carriage and delivery as the Minister may fix and specify in such compulsory sale order.

• (2) In this Part of this Act the expressions “the vendor” and “the purchaser” in relation to a compulsory sale order mean respectively the person required by such order to sell and the person required by such order to purchase the wheaten flour to which such order relates.

81 Service of compulsory sale orders.

81.—(1) Where a compulsory sale order is permitted by this Act to be served on any person, such order shall be served on such person in one or other of the following ways, that is to say:—

• (a) by delivering to such person a copy of such order certified to be a true copy under the Official Seal of the Minister;

• (b) by sending by post in a prepaid registered letter addressed to such person at the address at which he carries on business a copy of such order certified to be a true copy under the Official Seal of the Minister.

• (2) For the purposes of this section, a company registered in Saorstát Eireann under the Companies Acts, 1908 to 1924, shall be deemed to carry on business at its registered office, and every other body corporate and every unincorporated body shall be deemed to carry on business at its principal office or place of business.

82 Effect of service of compulsory sale order.

82.—(1) Where a compulsory sale order has been duly served on the vendor and purchaser under such order, the following provisions shall have effect, that is to say:—

• (a) the vendor and the purchaser shall be deemed to have entered into a contract in terms of the requirements of such order;

• (b) if the requirements of such order are not complied with,

• (i) the vendor shall, unless he proves to the satisfaction of the Court that such non-compliance was due to the acts or default of the said purchaser, be guilty of an offence under this section, and,

• (ii) the purchaser shall, unless he proves to the satisfaction of the Court that such non-compliance was due to the acts or default of the said vendor, be guilty of an offence under this section.

• (2) Every person guilty of an offence under this section shall be liable on summary conviction thereof to the penalties mentioned in Part I of the Schedule to this Act.

83 Notification of compliance or non-compliance with compulsory sale orders.

83.—(1) Where a compulsory sale order has been duly served on the vendor and purchaser under such order, the vendor and the purchaser shall each send ot the Minister not later than three days after the time limited by such order for compliance therewith—

• (a) in case such order has been complied with, a statement to that effect;

• (b) in case such order has not been complied with, a statement setting out the reasons for such non-compliance.

• (2) Every statement sent under this section shall be verified by a statutory declaration made by the person required to send such statement or, where such person is a corporate body, by a director or principal officer of such body corporate.

• (3) If any person fails neglects or refuses to send to the Minister in accordance with this section the statement required by this section to be sent by him, 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 Schedule to this Act.

PART IX. Grain Warehousing and Grain Drying by the State.

84 Commencement of Part IX.

84.—This Part of this Act shall come into operation on such day as may be fixed by order of the Minister for Agriculture.

85 Definition in relation to Part IX.

85.—In this Part of this Act—

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

86 Prosecution of offences under Part IX.

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

87 Information from owners of grain stores and grain kilns.

87.—(1) The Minister may serve notice in writing on the owner of any grain store or grain kiln requiring such owner to furnish to him within twenty-eight days after the service of such notice such particulars in relation to such store or kiln (as the case may be) as may be specified in such notice.

• (2) 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.

• (3) 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.

88 Inspection of grain stores and grain kilns.

88.—(1) An inspector of the Minister of Agriculture may, upon giving to the owner of a grain store or grain kiln 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 store or kiln is situate and inspect such store or kiln.

• (2) 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.

89 Compulsory acquisition of grain stores and grain kilns.

89.—(1) Subject to the provisions of this section the Minister may, with the consent of the Minister for Finance, acquire compulsorily for the purposes of this Part of this Act any land together with every right of way, water right or other easement used and enjoyed in connection therewith.

• (2) 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 for Agriculture 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 and shall be sufficient without the addition of the sureties mentioned in that section.

• (3) 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.

• (4) The Minister shall not acquire under this section any land held or occupied by a local authority or any body corporate for the purposes of any railway, tramway, dock, canal, water, gas, electricity, or other public undertaking.

90 Acquisition of land by agreement.

90.—The Minister may, with the consent of the Minister for Finance, by agreement acquire or take on lease any land for the purposes of this Part of this Act.

91 Erection of grain stores and grain kilns.

91.—The Minister may erect on any land acquired by him under this Part of this Act a grain store or a grain kiln.

92 Warehousing and drying of cereals by the Minister.

92.—The Minister may carry on the business of warehousing cereals or the business of drying cereals on any land acquired by him under this Part of this Act and for that purpose may do all such acts and things as he may consider necessary for the carrying on of such business as a commercial undertaking.

93 Sale and leasing of land.

93.—(1) The Minister 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) The Minister may, with the consent of the Minister for Finance, lease at such rent as he may think proper any land acquired by him under this Part of this Act.

• (3) Any moneys received on a sale or under a lease made 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.

94 Supplemental financial provisions in relation to Part IX.

94.—All moneys (other than moneys provided by the Oireachtas) received by the Minister in respect of any business carried on by him 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.

95 Reports by the Minister under Part IX.

95.—The Minister shall as soon as may be after the end of every financial year during which this Part of this Act is in force, prepare and lay before each House of the Oireachtas a report of his proceedings under this Part of this Act during such financial year.

SCHEDULE. Penalties for Certain Offences.

Part I.

In the case of a first offence under the relevant section, a fine not exceeding one hundred pounds, or, in the case of a second or any subsequent such 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 under the relevant section, a fine not exceeding fifty pounds, or in the case of a second or any subsequent such 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 under the relevant section, a fine not exceeding twenty-five pounds, or, in the case of a second or any subsequent such offence, a fine not exceeding fifty pounds.