Pigs and Bacon Act , 1935

PART I. Preliminary and General.

1 Short Title and Commencement.

1.—(1) This Act may be cited as the Pigs and Bacon Act, 1935.

(2) This Act shall come into operation on such day or days as shall be fixed therefor by an Order made by the Minister, either generally or with reference to any particular Part or provision, and different days may be so fixed for different Parts and different provisions of this Act.

2 Definitions.

2.—In this Act—

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

the word “carcase” means the carcase of a pig, whether wholly or partly eviscerated;

the word “bacon” includes ham and gammons;

the word “offals” means any part of a pig (other than the carcase) which is capable of use for food for human consumption;

the expression “the Bacon Marketing Board” means the Bacon Marketing Board to be established under Part III of this Act;

the expression “the Pigs Marketing Board” means the Pigs Marketing Board to be established under Part IV of this Act;

the expression “local sanitary authority” means a sanitary authority for the purposes of the Public Health (Ireland) Acts, 1878 to 1931;

the expression “the local slaughter-house authority” means the local authority having in the place in relation to which the expression is used powers of registering and licensing slaughterhouses;

the expression “office hours” means—

(a) in relation to any day (not being a Sunday, a bank holiday, or a locally observed holiday or half-holiday) any time between the hours of ten o'clock in the morning and five o'clock in the afternoon during which business is being carried on or work is being done at the premises in relation to which the expression is used; and

(b) in relation to any locally observed half-holiday, any time between the hours of ten o'clock in the morning and one o'clock in the afternoon during which business is being carried on or work is being done at the premises in relation to which the expression is used.

3 Service of documents.

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

(a) by delivering to such person such document, or

(b) by sending such document by post in a prepaid registered letter addressed to such person at the address where he carries on business.

(2) For the purposes of this section a body corporate 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 in Saorstát Eireann.

4 Expenses of Minister.

4.—All expenses incurred by the Minister in carrying this Act into execution shall, to such extent as shall be sanctioned by the Minister for Finance, be paid out of moneys provided by the Oireachtas.

PART II. Regulation of the Business of Curing Bacon and of the Consignment (Including Exportation) of Bacon.

Preliminary and General.

5 Definitions for purposes of Part II.

5.—In this Part of this Act—

the expression “pork butcher” means a person who sells or exposes for sale pork;

the word “carcase” when used in relation to a pork butcher does not include the head, feet, or offals of a pig;

the word “bacon” when used in relation to a pork butcher means a carcase or any part of a carcase which has been subjected to any process of preservation;

the expression “the appointed day” means the day appointed by the Minister under this Part of this Act to be the appointed day for the purposes of this Part of this Act;

the expression “the qualifying period” means the period of twelve months ended on the 30th day of April, 1935;

the expression “the preliminary period” means the period of two years commencing on the appointed day;

the word “inspector” means a person authorised in writing by the Minister to exercise the powers conferred on an inspector by this Part of this Act;

the expression “veterinary examiner” means a person appointed by the Minister to be a veterinary examiner for the purposes of this Part of this Act;

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

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

6 The appointed day.

6.—The Minister may by order appoint a day to be the appointed day for the purposes of this Part of this Act.

7 Prosecutions under Part II.

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

8 Regulations under Part II.

8.—(1) The Minister may by order make regulations in relation to any matter referred to in this Part of this Act as prescribed.

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

9 Collection and disposition of fees.

9.—(1) All fees paid to the Minister under this Part of this Act shall be collected in money and taken in such manner as the Minister for Finance may from time to time direct, and shall be paid into or disposed of for the benefit of the Exchequer in accordance with the directions of the Minister for Finance.

(2) The Public Offices Fees Act, 1879, shall not apply in respect of any fees payable under this Part of this Act.

Registration of Minor Curers and Pork Butchers.

10 Register of minor curers and register of pork butchers.

10.—(1) The Minister shall cause to be kept until the expiration of the preliminary period a register to be called and known as the register of minor curers.

(2) The Minister shall cause to be kept a register to be called and known as the register of pork butchers.

(3) There shall be entered in every register kept under this section the matters required by this Part of this Act to be entered in such register.

11 Applications for registration.

11.—(1) Any person (in this Act referred to as a qualified minor curer)—

(a) who carried on at any premises during not less than eight months in the qualifying period the business of curing bacon, and

(b) who during the qualifying period manufactured at such premises less than two thousand two hundred hundredweights of bacon, may, before the appointed day, apply to the Minister to be registered in the register of minor curers in respect of such premises.

(2) Any person (in this Act referred to as a qualified pork butcher)—

(a) who carried on at any premises during the qualifying period, the business of pork butcher, and

(b) who, in the course of such business, during the qualifying period manufactured at such premises bacon from carcases representing not more than fifteen per cent, by weight of the carcases used by him during the qualifying period and dealt with at such premises, and

(c) who, during the qualifying period, manufactured at such premises not more than four hundred hundredweights of bacon,

may, before the appointed day, apply to the Minister to be registered in the register of pork butchers in respect of such premises.

(3) Any person—

(a) who carries on at any premises the business of pork butcher, and

(b) who is not a qualified pork butcher, and

(c) who desires to carry on the business of curing bacon at such premises,

may, after the appointed day, apply to the Minister to be registered in the register of pork butchers in respect of such premises.

(4) Every application for registration in the register of minor curers or the register of pork butchers shall—

(a) be made in the prescribed form and manner and contain the prescribed particulars, and

(b) relate to one set of premises only.

(5) In making regulations in relation to any matter or thing referred to in this section as prescribed, different regulations may be made in respect of applications for registration in different registers and in respect of applications by qualified pork butchers and persons who are not qualified pork butchers.

12 Registration of persons and premises.

12.—(1) On receipt of an application for registration in the register of minor curers by a qualified minor curer made under and in accordance with the immediately preceding section, the Minister shall enter in such register the name and address of the applicant and particulars of the premises specified in such application in respect of which registration is sought.

(2) On receipt of an application for registration in the register of pork butchers by a qualified pork butcher made under and in accordance with the immediately preceding section, the Minister shall enter in such register the name and address of the applicant and particulars of the premises specified in such application in respect of which registration is sought.

(3) On receipt of an application for registration in the register of pork butchers by a person who is not a qualified pork butcher made under and in accordance with the immediately preceding section, the Minister may, after consultation with the local slaughter-house authority, enter in such register the name and address of the applicant and particulars of the premises specified in such application in respect of which registration is sought.

(4) References in this Act to a registered minor curer and a registered pork butcher shall be construed as references to a person for the time being registered in the register of minor curers and a person for the time being registered in the register of pork butchers respectively.

13 Fees on applications.

13.—(1) Every applicant for registration in the register of minor curers or the register of pork butchers shall pay to the Minister in respect of each application a fee of five pounds, the payment of which shall be a condition precedent to the entertainment of such application by the Minister.

(2) Where an application for registration in the register of minor curers or the register of pork butchers is refused by the Minister, the fee paid under this section in respect of such application shall be repaid to the applicant.

14 Conditions of registration in register of pork butchers.

14.—(1) Every persons registered in the register of pork butchers in respect of any premises shall be registered subject to the following conditions (in this section referred to as the conditions of registration of pork butchers), that is to say:—

(a) that such person shall not, during any period of twelve months commencing on or after the appointed day, manufacture into bacon at such premises carcases representing more than fifteen per cent. by weight of the carcases used by him during such period and dealt with at such premises, and

(b) that such person shall not during any such period manufacture at such premises more than four hundred hundredweights of bacon.

(2) If any registered pork butcher fails to comply with the conditions of registration of pork butchers, such pork butcher shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding fifty pounds.

15 Returns by and fees payable by registered persons.

15.—(1) Every person who was, during the whole or any part of any accounting period which falls within the preliminary period, registered in the register of minor curers in respect of any premises shall do both of the following things, that is to say:—

(a) send by post to the Minister not later than seven days after the expiration of such accounting period a return, in the prescribed form, showing the number of carcases used for the production of bacon during such accounting period at such premises, and

(b) pay to the Minister, in accordance with this section, a fee (in this section referred to as a minor curer's fee) calculated at the rate of two shillings for every carcase used for the production of bacon during such accounting period at such premises.

(2) Every person who was, during the whole or any part of any accounting period, registered in the register of pork butchers in respect of any premises shall do both of the following things, that is to say:—

(a) send by post to the Minister not later than seven days after the expiration of such accounting period a return, in the prescribed form, showing the quantity (in terms of hundredweights) of pork used for the production of bacon during such accounting period at such premises, and the quantity (in terms of hundredweights) of pork sold as fresh pork during such accounting period, at such premises, and

(b) pay to the Minister, in accordance with this section, a fee (in this section referred to as a pork butcher's fee) calculated at the rate of two shillings for every hundredweight of pork used for the production of bacon during such accounting period at such premises.

(3) Where—

(a) a person is, at the commencement of any accounting period, registered in any register kept in pursuance of this Part of this Act in respect of any premises, and

(b) another person claiming through such first-mentioned person is, at the expiration of such accounting period, registered in such register in respect of such premises, such last-mentioned person shall for the purposes of the two immediately preceding sub-sections be deemed to have been registered in such register in respect of such premises during the whole of such accounting period.

(4) As soon as may be after the seventh day after the expiration of every accounting period which falls within the preliminary period, the Minister shall make, in respect of every person who was, during such period or any part thereof, registered in the register of minor curers in respect of any premises and who used for the production of bacon any carcases during such period at such premises (whether such person has or has not made the return required by sub-section (1) of this section), a certificate (in this section referred to as a certificate of indebtedness) certifying the amount of the minor curer's fee payable by such person for such period.

(5) As soon as may be after the seventh day after the expiration of every accounting period the Minister shall make, in respect of every person who was, during such period or any part thereof, registered in the register of pork butchers in respect of any premises and who used for the production of bacon any pork during such period at such premises (whether such person has or has not made the return required by sub-section (2) of this section), a certificate (in this section also referred to as a certificate of indebtedness) certifying the amount of the pork butcher's fee payable by such person for such period.

(6) Every certificate of indebtedness shall be prima facie evidence of all matters purported to be certified therein, and any document purporting to be a certificate of indebtedness issued under this section shall, on production thereof in any proceedings to recover the amount thereby certified to be payable, be deemed, until the contrary is proved, to be a certificate of indebtedness duly issued under this section and shall be admitted in evidence accordingly.

(7) Whenever the Minister makes a certificate of indebtedness he shall cause a copy of such certificate to be served on the person to whom such certificate relates, and thereupon the amount of the fee stated in such certificate shall become and be payable by such person to the Minister within seven days after such service of such certificate and shall, at the expiration of such seven days, be recoverable by the Minister from such person as a simple contract debt in any court of competent jurisdiction.

(8) If any person—

(a) fails to make any return which he is required by this section to make, or

(b) makes any such return 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 a fine not exceeding fifty pounds.

(9) Every fee paid to or recovered by the Minister 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.

(10) For the purposes of this section the month commencing on the appointed day and every subsequent month shall be an accounting period.

16 Inspection of registered premises.

16.—(1) Any inspector shall be entitled (subject to the production by him if so required of his authority in writing as such inspector) at all reasonable times to enter any premises entered in the register of minor curers or the register of pork butchers and to inspect such premises and the plant, appliances, and equipment therein and all pigs, pork and bacon in such premises and to observe all or any of the processes used in the business carried on in such premises.

(2) Every person who obstructs or impedes an inspector 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 a fine not exceeding five pounds.

17 Records to be kept at registered premises.

17.—(1) On and after the appointed day it shall be the duty of every person registered in the register of minor curers or the register of pork butchers in respect of any premises to keep or cause to be kept at such premises the following records, that is to say:—

(a) if such premises are entered in the register of minor curers, records of all carcases used for the production of bacon at such premises, or

(b) if such premises are entered in the register of pork butchers, records of all pork used for the production of bacon on such premises,

and within twenty-four hours after such user to enter or cause to be entered in such records the prescribed particulars thereof,