PIGS AND BACON ACT, 1935

• (c) the manner of examination by veterinary examiners of carcases and viscera of pigs slaughtered in licensed curing and slaughtering premises.

• (2) The Minister may by order make regulations (in this Act referred to as veterinary examination (carcases) regulations) in regard to the manner of examination by veterinary examiners of carcases other than carcases of pigs slaughtered in licensed curing and slaughtering premises.

• (3) The Minister may by order make regulations (in this Act referred to as veterinary examination (bacon) regulations) in regard to the manner of examination by veterinary examiners of bacon.

53 Veterinary examination of pigs, carcases and bacon at licensed premises.

53.—It shall be the duty of every veterinary examiner to attend, at such times as the Minister after consultation with the licensee shall fix, at every licensed premises to which he is appointed and there—

• (a) in case such premises are licensed curing and slaughtering premises, examine in accordance with the veterinary examination (pigs and carcases) regulations all pigs there presented to him for examination and the carcases of such pigs;

• (b) unless and until a bacon (production from carcases of pigs slaughtered in licensed slaughtering premises) order has been made and come into force, examine in accordance with the veterinary examination (carcases) regulations, all carcases (other than carcases of pigs slaughtered in licensed curing and slaughtering premises) there presented to him for examination;

• (c) examine, in accordance with the veterinary examination (bacon) regulations, all bacon produced in such premises there presented to him for examination.

54 Regulations for the marking of carcases and bacon by veterinary examiners.

54.—(1) The Minister may by order make regulations (in this Part of this Act referred to as regulations for the marking of carcases) prescribing the mark to be applied to carcases which have been examined and certified by a veterinary examiner in licensed premises for the purpose of indicating that such carcases have been examined and certified by a veterinary examiner in accordance with this Part of this Act and regulations made thereunder.

• (2) The Minister may by order make regulations (in this Act referred to as regulations for the marking of bacon by veterinary examiners) prescribing the mark to be applied to bacon which has been examined and certified by a veterinary examiner in licensed premises for the purpose of indicating that such bacon has been examined and certified by a veterinary examiner in accordance with this Part of this Act and regulations made there under.

• (3) Regulations made under this section may prescribe the manner in which the marks prescribed thereby are to be applied to the carcases or the bacon (as the case may be) to which they are applicable.

• (4) Regulations made under this section shall prescribe the design of the instruments to be used for applying to bacon the marks prescribed by such regulations.

• (5) The application of a mark prescribed by regulations made under this section to any carcase or any bacon in any circumstances in which such application of such mark is not authorised by or is not in accordance with this Part of this Act shall be taken to be a false trade description within the meaning of the Merchandise Marks Acts, 1887 to 1931, and those Acts, including the penal provisions thereof, shall apply accordingly.

• (6) In this section the word “mark” includes any word, letter, figure, or design, or any combination of words, letters, figures, and designs, or any of them.

55 Marking of carcases by veterinary examiners.

55.—(1) Until a bacon (production from carcases of pigs slaughtered in licensed slaughtering premises) order has been made and come into force, a veterinary examiner shall apply the mark prescribed by the regulations for the marking of carcases in the manner prescribed by the said regulations to every carcase of a pig presented to him at any licensed premises, if, but only if, one or other of the following sets of conditions have been complied with, that is to say:—

• (a) in case such premises are licensed curing and slaughtering premises and such pig was not slaughtered in such premises or in case such premises are licensed curing premises—

• (i) that such carcase was examined by him in accordance with the veterinary examination (carcases) regulations and on being so examined was found fit for human consumption, and

• (ii) that at the time of applying the mark such carcase is clean, dressed in accordance with the regulations for the dressing of carcases, fresh

• (b) in case such premises are licensed curing and slaughtering premises and such pig was slaughtered in such premises—

• (i) that such pig was examined by him, in accordance with the veterinary examination (pigs and carcases) regulations, before slaughter and on being so examined was, having regard to such regulations, passed by him as fit for slaughter, and

• (ii) that such pig was slaughtered in accordance with the regulations as to the slaughter of pigs, and

• (iii) that the carcase of such pig was opened and eviscerated in his presence, and

• (iv) that the carcase and viscera of such pig were examined by him in accordance with the veterinary examination (pigs and carcases) regulations and such carcase, on such examination, was found fit for human consumption, and

• (v) that at the time of applying the mark, such carcase is clean, dressed in accordance with the regulations for the dressing of carcases, fresh and wholesome.

• (2) If a bacon (production from carcases of pigs slaughtered in licensed slaughtering premises) order is made, then, as on and from the date on which such order comes into force, a veterinary examiner shall apply the mark prescribed by the regulations for the marking of carcases in the manner prescribed by the said regulations to every carcase of a pig presented to him for examination at any licensed premises, if, but only if, the following conditions have been complied with, that is to say:—

• (a) that such licensed premises are licensed curing and slaughtering premises, and

• (b) that such pig was slaughtered in such licensed premises in accordance with the regulations as to the slaughter of pigs, and

• (c) that such pig was examined by him at such licensed premises in accordance with the veterinary examination (pigs and carcases) regulations before slaughter and on being so examined was, having regard to such regulations, passed by him as fit for slaughter, and

• (d) that the carcase of such pig was opened and eviscerated in his presence, and

• (e) that the carcase and viscera of such pig were examined by him in accordance with the veterinary examination (pigs and carcases) regulations and such carcase, on such examination, was found fit for human consumption, and

• (f) that, at the time of applying the mark, such carcase is clean, dressed in accordance with the regulations for the dressing of carcases, fresh and wholesome.

56 Marking of bacon by veterinary examiners.

56.—A veterinary examiner shall apply the mark prescribed by the regulations for the marking of bacon by veterinary examiners in the manner prescribed by the said regulations to bacon presented to him for examination at any licensed premises, if, but only if, the following conditions have been complied with, that is to say:—

• (a) that the bacon has been produced in such premises from carcases which have had applied thereto the marks prescribed by the regulations for the marking of carcases; and

• (b) that the bacon has been produced in accordance with the regulations for the production of bacon; and

• (c) that the bacon has been examined by him in accordance with the veterinary examination (bacon) regulations, and on being so examined, was found fit for human consumption.

57 Consignment certificates.

57.—(1) The Minister may, whenever and so often as he thinks fit, make an order (in this Act referred to as a bacon (consignment certificates) order) requiring that, whenever any lot of bacon, to which a veterinary examiner has applied the marks prescribed by the regulations for the marking of bacon, is being consigned, such bacon shall be accompanied by a certificate (in this Part of this Act referred to as a consignment certificate) in the form specified in such order, issued by a veterinary examiner under this section certifying the number of pieces of bacon in such lot.

• (2) The Minister may by order under this sub-section amend or revoke a bacon (consignment certificates) order or any order made under this sub-section.

• (3) Whenever a bacon (consignment certificates) order is in force and a licensee proposes to consign in one lot a particular number of pieces of bacon to which the marks prescribed by the regulations for the marking of bacon have been applied by a veterinary examiner, such examiner shall, at the request of such licensee, issue to him a consignment certificate certifying the number of pieces of bacon in such lot.

58 Disposal of carcases, bacon and offals unfit for human consumption.

58.—(1) If at any licensed premises it is found and certified by a veterinary examiner that any carcase or any portion of a carcase or any bacon or any offals is or are unfit for human consumption, such carcase or portion of a carcase or bacon or offals shall immediately be so treated by the licensee as to render it or them incapable of being used for the food of man or, if so required by the local sanitary authority within whose functional area such premises are situate, shall be surrendered to such local sanitary authority to be dealt with in accordance with the provisions of the Public Health Acts, 1878 to 1931.

• (2) Every licensee who is the owner of any carcase or of any portion of a carcase or of bacon or of offals found and certified under this section to be unfit for human consumption and who, through himself or his agent, neglects or refuses to treat or surrender the same as required by this section shall be guilty of an offence under this section and shall be liable on summary conviction thereof, in the case of a first offence under this section, to a fine not exceeding twenty pounds, or, in the case of a second or any subsequent offence under this section, to a fine not exceeding fifty pounds, or to imprisonment for any term not exceeding six months.

• (3) Nothing contained in this section shall be deemed to control or affect the provisions of section 131 of the Towns Improvement Clauses Act, 1847, or of sections 132 to 135 of the Public Health (Ireland) Act, 1878, as amended by section 28 of the Public Health Acts Amendment Act, 1890.

59 Notification of disease by veterinary examiner.

59.—A veterinary examiner in the performance of his duties under this Act shall have the same responsibility in regard to the notification of diseases as is imposed on a veterinary surgeon or veterinary practitioner in his private practice by the Animals (Notification of Disease) Order of 1919 or as may for the time being be imposed by any like order made under the Diseases of Animals (Ireland) Acts, 1894 to 1934.

60 Veterinary officer of local authority acting as veterinary examiner.

60.—(1) The Minister may, with the consent of the Minister for Local Government and Public Health, authorise a veterinary officer of a local sanitary authority to exercise and perform the powers and duties conferred or imposed by this Part of this Act on a veterinary examiner, and a veterinary officer so authorised is in this section referred to as an authorised veterinary officer.

• (2) An authorised veterinary officer shall have all the powers and perform all the duties conferred or imposed on a veterinary examiner by or under this Part of this Act.

• (3) There shall be paid by the Minister to a local sanitary authority whose veterinary officer is an authorised veterinary officer by way of contribution towards the remuneration payable by such local sanitary authority to such officer such moneys as the Minister with the sanction of the Minister for Finance shall determine.

• (4) The Minister may at any time revoke an authorisation given under this section in respect of a veterinary officer of a local sanitary authority and thereupon such veterinary officer shall cease to be an authorised veterinary officer.

• (5) A veterinary officer of a local sanitary authority who is authorised under this section to exercise and perform the powers and duties conferred or imposed by or under this Act on a veterinary examiner shall not, if he was a pensionable officer within the meaning of Part IV of the Local Government Act, 1925 (No. 5 of 1925), or within the meaning of any other enactment relating to the superannuation of officers of local authorities at the time of such authorisation, cease to be a pensionable officer, within the meaning of the said Part IV, or such other enactment, by reason only of his devoting portion of his time to the exercise and performance of the said powers and duties.

61 Veterinary inspectors.

61.—A veterinary inspector shall have all the powers conferred on a veterinary examiner by this Part of this Act and shall, if required by the Minister so to do, perform all the duties imposed on a veterinary examiner by this Part of this Act, or such of the said duties as the Minister may direct.

Regulations for the Marking of Bacon by Licensees.

62 Regulations for the marking of bacon by licensees.

62.—(1) The Minister may by order make regulations (in this Part of this Act referred to as regulations for the marking of bacon by licensees) prescribing the marks to be applied by licensees to bacon, which has been examined and certified by a veterinary examiner under this Part of this Act, for the purposes of indicating all or any of the following matters, that is to say:—

• (a) the premises in which such bacon was produced;

• (b) that such bacon was produced in Saorstát Eireann;

• (c) any other matter which, in the opinion of the Minister, should be indicated on such bacon.

• (2) Regulations made under this section may prescribe the manner in which the marks prescribed thereby are to be applied to the bacon to which they are applicable.

• (3) Regulations made under this section shall prescribe the design of the instruments to be used for applying to bacon the marks prescribed by such regulations.

• (4) For the purpose of so much of this section as relates to the indication by marks of the premises in which bacon was produced, the Minister may assign to every licensed premises a distinctive mark and may, by the regulations made under this section, require any such mark assigned to particular licensed premises to be used as the mark for indicating that bacon was produced in such licensed premises.

• (5) The application of a mark prescribed by regulations made under this section to any bacon in any circumstances in which such application of such mark is not authorised by, or is not in accordance with, this Part of this Act shall be taken to be a false trade description within the meaning of the Merchandise Marks Acts, 1887 to 1931, and those Acts, including the penal provisions thereof shall apply accordingly.

• (6) In this section the word “mark” includes any word, letter, figure, or design, or any combination of words, letters, figures and designs, or any of them.

• (7) Before making on or after the date of the establishment of the Bacon Marketing Board, any regulations for the marking of bacon by licensees the Minister shall consult the Bacon Marketing Board.

Grading of Bacon Produced in Licensed Premises.

63 Grading of bacon produced in licensed premises.

63.—(1) The Minister may, whenever and so often as he thinks fit, do by order (in this Act referred to as a bacon (grade mark) order) the following things—

• (a) divide, by reference to the method of curing and the kind and quality of the bacon, bacon into such and so many grades as he thinks fit;

• (b) appoint in respect of each such grade of bacon a mark (in this Act referred to as a grade mark);

• (c) require that whenever any bacon of any such grade is consigned from any licensed premises there shall be applied to such bacon the grade mark so appointed in respect of bacon of such grade;

• (d) specify the manner in which the said grade marks are to be applied to the bacon to which they are applicable.

• (2) The Minister may by order under this sub-section amend or revoke a bacon (grade mark) order or any order made under this sub-section.

• (3) Whenever a bacon (grade mark) order is in force, and any bacon produced in licensed premises and of a particular grade under such order has had applied thereto by a veterinary examiner the marks prescribed by the regulations for the marking of bacon by veterinary examiners, the licensee shall apply to such bacon the grade mark appointed by such order in respect of bacon of that grade and in the manner specified in such order.

• (4) Every instrument for marking bacon in accordance with, a bacon (grade mark) order shall be of such design as may be specified in such order.

• (5) The application of a grade mark to any bacon in any circumstances in which such application is not authorised by, or is not in accordance with, this section shall be taken to be a false trade description within the meaning of the Merchandise Marks Acts, 1887 to 1931, and those Acts, including the penal provisions thereof, shall apply accordingly.

• (6) In this section the word “mark” includes any word, letter, figure, or design, or any combination of words, letters, figures and designs, or any of them.

• (7) Before making on or after the date of the establishment of the Bacon Marketing Board any order under this section the Minister shall consult the Bacon Marketing Board.

Reception of Bacon into Licensed Premises.

64 Restriction on reception of bacon into licensed premises.

64.—(1) On and after the appointed day it shall not be lawful for any bacon to be received into any licensed premises (in this sub-section referred to as the first-mentioned premises) except bacon which was produced in the first-mentioned or some other licensed premises and either—

• (a) is consigned to the first-mentioned premises directly from some other licensed premises, or

• (b) is consigned to the first-mentioned premises directly from a cold store in which it was stored by the licensee of the first-mentioned premises or the licensee of some other licensed premises, or

• (c) was consigned from the first-mentioned premises.

• (2) Whenever any bacon is received into licensed premises in contravention of this section the licensee under the licence in respect of those premises 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) In this section the expression “cold store” does not include a cold store which forms part of licensed premises.

Restriction on Export of Bacon and on Consignment of Bacon from Licensed Premises.

65 Restriction on export of bacon.

65.—(1) On and after the appointed day it shall not be lawful for any person to export bacon from Saorstát Eireann unless—

• (a) such bacon is exported direct from licensed premises, or

• (b) such bacon is exported direct from a cold store to which it was consigned from licensed premises, or

• (c) such bacon is exported in hermetically sealed containers, or

• (d) such bacon is exported in one lot or consignment which does not exceed in total gross weight fourteen pounds, or

• (e) such bacon is exported under and in accordance with a licence granted by the Minister under this section.

• (2) The Minister may grant to any person a licence to export bacon subject to such conditions as the Minister thinks fit, and may at any time revoke any such licence.

• (3) If any bacon is exported in contravention of this section the person exporting such bacon shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding one hundred pounds.

66 Restriction on the consigning of bacon from licensed premises.

66.—(1) All bacon consigned on or after the appointed day from any licensed premises to any place, whether within or without Saorstát Eireann, shall comply with the following conditions, that is to say:—

• (a) such bacon shall comply with regulations (if any) as to the condition of bacon at time of consignment, and unless it is packed in hermetically sealed containers, with regulations (if any) for the packing of bacon, and

• (b) such bacon shall have applied thereto the marks prescribed by regulations for the marking of bacon by veterinary examiners, and

• (c) such bacon shall have applied thereto the marks prescribed by regulations (if any) for the marking of bacon by licensees, and

• (d) if a bacon (grade mark) order is for the time being in force, such bacon shall have applied thereto the grade mark appointed by such order in respect of bacon of the grade to which the bacon so being consigned belongs, and

• (e) such bacon shall unless it is packed in hermetically sealed containers be conveyed in accordance with regulations (if any) for the conveyance of bacon, and

• (f) if a bacon (consignment certificates) order is for the time being in force, such bacon shall be accompanied by consignment certificates.

• (2) Every person who consigns or attempts to consign bacon in contravention of this section shall be guilty of an offence under this section.

• (3) Every person who shall carry by land or sea or air for reward any bacon which is being consigned in contravention of this section shall be guilty of an offence under this section, unless such person proves that he did not know and could not reasonably have known that such bacon was being consigned in contravention of this section.

• (4) Every person guilty of an offence under this section shall be liable on summary conviction thereof, in the case of a first offence under this section, to a fine not exceeding twenty pounds and, in the case of a second or any subsequent offence under this section, to a fine not exceeding fifty pounds or, at the discretion of the Court, to imprisonment for any term not exceeding six months or to both such fine and such imprisonment.

67 Application of Customs Acts.

67.—(1) Any officer of Customs and Excise may detain and seize any bacon being or attempted to be exported in contravention of this Part of this Act and for that purpose may open any packet containing or suspected by him of containing any bacon, 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 bacon seized under this Act in like manner as if such bacon had been seized under that Act.

• (2) The provisions of this Part of this Act relating to the prohibition of the export of bacon shall have effect as though those provisions 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 bacon the export of which is prohibited by this Part of this Act is exported in contravention of this Part of this Act or is brought to any quay or other place for the purpose of being so exported or are water-borne 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 the Customs Consolidation Act, 1876, for illegally importing prohibited goods.

• (3) The provisions of this Act relating to prosecutions under Part II shall not apply in respect of this section.

Powers of Inspectors.

68 Powers of inspectors.

68.—(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 upon and have free access to the interior of—

• (a) any licensed premises, and

• (b) any cold store, and

• (c) the premises of any person engaged in the business of carrying goods for reward, and

• (d) any warehouse or other premises of any person engaged in the business of warehousing goods intended for export or in process of being exported, and

• (e) any pier, quay, wharf, jetty, dock or dock premises, and

• (f) any ship, boat, railway wagon, motor lorry, cart, or other vessel or vehicle used for the conveyance of goods.

• (2) Any inspector may inspect any bacon which has been consigned from a licensed premises, or any package found in any place upon or to which he is entitled under this section to enter or to have access, or upon or in any public place, and may open any such package which he reasonably believes or suspects to contain such bacon, and may take and remove without payment—

• (a) reasonable samples of any such bacon found in any such place, whether such bacon is or is not contained in a package, and

• (b) reasonable samples of any packing materials in which any such bacon is packed, and

• (c) any one package forming part of or the whole of a consignment of such bacon found in any such place.

• (3) If any person—

• (a) obstructs or impedes any inspector in the exercise of any of the powers conferred on him by this section, or

• (b) knowing the name or other particulars of the consignor, consignee, or owner of any such bacon, or of any package, which an inspector is entitled to inspect under this section, refuses to give such name or other particulars to such inspector, or

• (c) gives to such inspector any false or misleading name or other particulars of any such consignor, consignee, or owner,

such person shall be guilty of an offence under this section and shall be liable on summary conviction thereof, in the case of a first offence under this section, to a fine not exceeding five pounds and, in the case of a second or any subsequent offence under this section, to a fine not exceeding ten pounds.

• (4) Where any sample or package is taken by an inspector under this section it shall be the duty of such inspector to notify the owner or the consignor and the consignee (if and so far as their names and addresses are known to or can reasonably be ascertained by him) of the taking of such sample or package.

• (5) If, on the examination of any package taken under this section, it appears to the Minister that there was a contravention or attempted contravention of any of the provisions of this Part of this Act or any regulations made thereunder in relation to the consignment from which the package was taken, the package may be forfeited to the Minister, and if not so forfeited, and in any other case, the package shall be disposed of in accordance with the directions of the consignor, or in default of such directions, shall be sold and the net proceeds of sale paid to the consignor.

• (6) Neither the Minister nor any inspector shall be liable for any loss or damage arising from the exercise by an inspector of the powers conferred upon him by this section and no action shall lie against the consignor or any other person for or on account of any such loss or damage as aforesaid.

• (7) In the exercise in or upon the premises of any railway or shipping company of the powers conferred on him by this section, an inspector shall conform to such reasonable requirements of such company as are necessary to prevent the working of the traffic on such premises being obstructed or interfered with.

Miscellaneous Provisions.

69 Reduction of exporters' half-yearly fees payable by licensed pork exporters under the Agricultural Produce (Fresh Meat) Act, 1930.

69.—(1) Where—

• (a) any premises are both registered pig slaughtering premises and licensed curing and slaughtering premises, and

• (b) a person is in respect of such premises the holder of both a pork exporter's licence, and a curing and slaughtering licence, and

• (c) a pig, the offals only of which are intended to be exported in accordance with the Act of 1930, is slaughtered at such premises and presented by such person at such premises during a particular half-year for veterinary examination both under the Act of 1930 and this present Act,

the half-yearly exporter's fee payable by such person under section 13 of the Act of 1930 in respect of such half-year shall not include any sum in respect of the examination of such pig.

• (2) In this section—

the expression “the Act of 1930” means the Agricultural Produce (Fresh Meat) Act, 1930 (No. 10 of 1930);

the expressions “registered pig slaughtering premises” “pork exporter's licence,” “half-year,” and “exporter's half-yearly fee” have the same meaning as they respectively have in the Act of 1930.

70 Classification and grading of carcases.

70.—(1) The Minister may from time to time by order make regulations (in this section referred to as carcases (classification) regulations) with regard to the classification and grading of carcases at licensed premises by licensees.

• (2) If any licensee fails to comply with any of the provisions of any carcases (classification) regulations for the time being in force, such licensee shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding fifty pounds.

71 Marking instruments and forms of consignment certificates.

71.—(1) Subject to the provisions of this section, it shall not be lawful for any person to make, order, purchase, import, or have in his possession—

• (a) any authorised marking instrument, or

• (b) any instrument by means of which a carcase (certification) mark or a colourable imitation thereof could be applied to a carcase, or

• (c) any instrument by means of which a bacon (veterinary examiner's) mark, a bacon (licensee's) mark or a bacon (grade) mark or a colourable imitation of any of the said marks could be applied to bacon, or

• (d) a prescribed form of consignment certificate or any colourable imitation of such form.

• (2) Nothing in this section shall render it unlawful for—

• (a) any officer of the State acting in the course of his duty as such officer to order, purchase, import, or have in his possession an authorised marking instrument or a prescribed form of consignment certificate, or

• (b) any person, in pursuance of an order lawfully given by or a contract lawfully made with any such officer, to make, import, or have in his possession any authorised marking instrument or any prescribed form of consignment certificate, or

• (c) any licensee to order, purchase, import, or have in his possession any instrument for the marking of bacon with a bacon (licensee's) mark which is of the design prescribed by the regulations for the marking of bacon by licensees or any instrument for the marking of bacon with a bacon (grade) mark which is of the design appointed by a bacon (grade mark) order, or

• (d) any person, in pursuance of a contract made with a licensee, to make, import, or have in his possession, any such instrument as is mentioned in paragraph (c) of this sub-section.

• (3) Every person who does any thing the doing of which is declared unlawful 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 twenty-five pounds or, at the discretion of the Court, to imprisonment for any term not exceeding three months.

• (4) In this section—

the expression “carcase (certification) mark” means a mark prescribed by regulations for the marking of carcases for the time being in force;

the expression “bacon (veterinary examiner's) mark” means a mark prescribed by regulations for the marking of bacon by veterinary examiners for the time being in force;

the expression “bacon (licensee's) mark” means a mark prescribed by regulations for the marking of bacon by licensees for the time being in force;

the expression “bacon (grade) mark” means a mark appointed by a bacon (grade mark) order for the time being in force;

the expression “authorised marking instrument” means any instrument—

• (a) which is an instrument for marking a carcase with a carcase (certification) mark and is of the design prescribed by regulations for the marking of carcases; or

• (b) which is an instrument for the marking of bacon with a bacon (veterinary examiner's) mark and is of the design prescribed by regulations for the marking of bacon by veterinary examiners; or

• (c) which is an instrument for the marking of bacon with a bacon (licensee's) mark and is of the design prescribed by regulations for the marking of bacon by licensees; or

• (d) which is an instrument for the marking of bacon with a bacon (grade) mark and is of the design appointed by a bacon (grade mark) order.

72 Provisions in relation to other Acts.

72.—(1) Save as otherwise provided by this section, the powers conferred on the Minister by this Part of this Act shall be and be exercised without prejudice to—

• (a) the exercise by the Minister of the powers conferred on him by the Diseases of Animals (Ireland) Acts, 1894 to 1934, the Agricultural Produce (Fresh Meat) Acts, 1930 and 1931, or the Agricultural Produce (Regulation of Export) Act, 1933 (No. 26 of 1933), as amended by any subsequent enactment, or

• (b) to the exercise by the Minister for Local Government and Public Health of the powers conferred on him by the Public Health (Regulation as to Food) Act, 1907, or

• (c) to the exercise by local slaughter-house authorities of their statutory powers in relation to the inspection of slaughter-houses, or

• (d) to the exercise by local sanitary authorities of their powers in relation to slaughter-houses or in relation to articles intended for the food of man conferred on them by the Public Health Acts, 1878 to 1931, or conferred on them by any local or personal Act.

• (2) Premises licensed as curing and slaughtering premises under this Part of this Act shall, so long as they continue to be so licensed, be exempt from the obligation to be registered or to be licensed under any other enactment relating to the registration or the licensing of slaughter-houses and shall also be exempt from all statutory provisions (including orders, regulations, rules and bye-laws) applicable to slaughter-houses in consequence of such registration or licensing.

• (3) Section 50 of the Towns Improvement (Ireland) Act, 1854, shall not apply in respect of premises licensed under this Part of this Act as curing and slaughtering premises.

• (4) Nothing in this Part of this Act shall be construed as limiting or affecting the operation of the Control of Manufactures Acts, 1932 and 1934.

PART III. Regulation of Production and Sale of Bacon.

73 Definitions for purposes of Part III.

73.—(1) In this Part of this Act—

the expression “authorised officer of the Bacon Marketing Board” means a person authorised in writing by the Bacon Marketing Board to exercise the powers conferred on an authorised officer of the Bacon Marketing Board by this Part of this Act;

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

• (2) For the purposes of this Part of this Act each of the following years shall be an election year, that is to say, the year 1935, the year 1936, the year 1939, the year 1942, the year 1945, and so on.

74 Constitution of the Bacon Marketing Board.

74.—(1) There shall be established in accordance with this Part of this Act a Board (in this Part of this Act referred to as the Board) to be styled and known as the Bacon Marketing Board to fulfil the functions assigned to it by this Part of this Act.

• (2) The Board shall be a body corporate with perpetual succession and an official seal (which shall be judicially noticed) and power to sue and be sued in its corporate name and to hold and dispose of land.

• (3) The Board shall consist of eight members, namely, a Chairman (in this Part of this Act referred to as the Chairman) and seven ordinary members (in this Part of this Act referred to as the ordinary members) elected in the manner hereinafter mentioned.

75 The Chairman of the Bacon Marketing Board.

75.—(1) The Minister shall as soon as may be necessary after the commencement of this Part of this Act and thereafter as occasion requires nominate a person to be the Chairman.

• (2) The Chairman shall hold office during the pleasure of the Minister.

• (3) Whenever the Chairman is through ill-health or other sufficient cause temporarily incapacitated from performing the duties of his office, the Minister shall nominate a person to perform during such incapacity the duties of the Chairman and the person so appointed shall during such incapacity have all the powers of the Chairman and be deemed for the purposes of this Part of this Act to be the Chairman.

• (4) There shall be paid by the Board to any person nominated under the immediately preceding sub-section such remuneration and such allowances for expenses as the Minister may appoint.

76 Panels of large, medium, and small curers.

76.—(1) The Minister shall, in every election year as soon as may be after the qualifying date, do the following things, that is to say:—

• (a) if there are any persons who were on such date large curers, prepare a panel (in this Part of this Act referred to as a panel of large curers) of the names of such persons;

• (b) if there are any persons who were on such date medium curers, prepare a panel (in this Part of this Act referred to as a panel of medium curers) of the names of such persons;

• (c) if there are any persons who were on such date small curers, prepare a panel (in this Part of this Act referred to as a panel of small curers) of the names of such persons.

• (2) For the purposes of this section—

• (a) the expression “the qualifying date” means—

• (i) in relation to the election year 1935, the seventh day after the commencement of this Part of this Act, and

• (ii) in relation to any other election year, the 1st day of October in such year;

• (b) the expression “the relevant period” means—

• (i) in relation to the election year 1935, the year 1934;

• (ii) in relation to any other election year, the period of twelve months ending on the 31st day of August in such year;

• (c) a person shall be deemed to have been a large curer on the qualifying date in any election year if—

• (i) he was the holder of a licence on such date, and

• (ii) there was produced during the relevant period, at all the premises in respect of which he was licensed on such date, more than seventy-seven thousand hundredweights of bacon;

• (d) a person shall be deemed to have been a medium curer on the qualifying date in any election year if—

• (i) he was the holder of a licence on such date, and

• (ii) there was produced during the relevant period, at all the premises in respect of which he was licensed on such date, not less than thirty-three thousand hundredweights of bacon nor more than seventy-seven thousand hundredweights of bacon;

• (e) a person shall be deemed to have been a small curer on the qualifying date in any election year if—

• (i) he was the holder of a licence on such date, and

• (ii) there was produced, during the relevant period, at all the premises in respect of which he was licensed on such date, less than thirty-three thousand hundredweights of bacon.

• (3) Any person may inspect any panel prepared under this section at such time and place as the Minister may appoint.

77 Number of ordinary members to be elected by different classes of curers and dates of election.

77.—(1) If one panel only is required under the immediately preceding section to be prepared in any election year, the Minister shall, as soon as may be after the preparation of such panel, make an order (in this Part of this Act referred to as an ordinary members (election) order) declaring that all the ordinary members of the Board shall be elected by persons whose names are entered in such panel at a meeting of such persons to be held on the date in such election year specified in that behalf in such order.

• (2) If two panels only are required under the immediately preceding section to be prepared in any election year, the following provisions shall have effect, that is to say:—

• (a) if such panels are a panel of large curers and a panel of medium curers, the Minister shall, as soon as maybe after the preparation of such panels, make an order (in this Part of this Act also referred to as an ordinary-members (election) order) declaring that of the seven ordinary members—

• (i) such number as may be specified in such order shall be elected by the persons whose names are entered in such panel of large curers at a meeting of such persons to be held on the date in such election year specified in that behalf in such order, and

• (ii) the remainder shall be elected by persons whose names are entered in such panel of medium curers at a meeting of such persons to be held on the date in such election year specified in that behalf in such order;

• (b) if such panels are a panel of large curers and a panel of small curers, the Minister shall, as soon as may be after the preparation of such panels, make an order (in this Part of this Act also referred to as an ordinary members (election) order) declaring that of the seven ordinary members—

• (i) such number as may be specified in such order shall be elected by the persons whose names are entered in such panel of large curers at a meeting of such persons to be held on the date in such election year specified in that behalf in such order, and

• (ii) the remainder shall be elected by the persons whose names are entered in such panel of small curers at a meeting of such persons to be held on the date in such election year specified in that behalf in such order;

• (c) if such panels are a panel of medium curers and a panel of small curers, the Minister shall, as soon as may be after the preparation of such panels, make an order (in this Part of this Act also referred to as an ordinary members (election) order) declaring that of the seven ordinary members—

• (i) such number as may be specified in such order shall be elected by the persons whose names are entered in such panel of medium curers at a meeting of such persons to be held on the date in such election year specified in that behalf in such order, and

• (ii) the remainder shall be elected by the persons whose names are entered in such panel of small curers at a meeting of such persons to be held on the date in such election year specified in that behalf in such order.

• (3) If three panels are required under the immediately preceding section to be prepared in any election year, the Minister shall, as soon as may be after the preparation of such panels, make an order (in this Part of this Act also referred to as an ordinary members (election) order) declaring that of the seven ordinary members—

• (i) such number as may be specified in such order shall be elected by the persons whose names are entered in such one of the said panels as is a panel of large curers at a meeting of such persons to-be held on the date in such election year specified in that behalf in such order;

• (ii) such number as may be specified in such order shall be elected by the persons whose names are entered in such one of the said panels as is a panel of medium curers at a meeting of such persons to be held on the date in such election year specified in that behalf in such order; and

• (iii) the remainder shall be elected by the persons whose names are entered in such one of the said panels as is a panel of small curers at a meeting of such persons to be held on the date in such election year specified in that behalf in such order.

• (4) Every ordinary members (election) order shall be published in the Iris Oifigiúil as soon as may be after it is made.

78 Election of ordinary members and substitutive members.

78.—(1) Where an ordinary members (election) order made in an election year declares that a number (in this section referred to as the appointed number) of ordinary members shall be elected by persons whose names are entered in a panel of curers at a meeting of those persons to be held on the date specified in that behalf in such order, the following provisions shall have effect, that is to say:—

• (a) the appointed number of ordinary members shall be elected at such meeting, and

• (b) immediately after the said election there shall also be elected at such meeting a number of persons (in this Part of this Act referred to as substitutive members) to act, if so required, during their term of office as substitutes for such ordinary members, and the number of substitutive members to be so elected shall be twice the appointed number of ordinary members.

• (2) References in this Act to substitutive members representative of the same class of curers as an ordinary member shall be construed as references to the substitutive members elected at the same meeting as that at which such ordinary member was elected.

79 Provisions in relation to meetings to elect ordinary members and substitutive members.

79.—Where by virtue of an ordinary members (election) order ordinary members and substitutive members are required to be elected by the persons entered in a particular panel of curers at a meeting of such persons to be held on the date specified in that behalf in such order, the Minister shall, as soon as may be after the making of such order, do the following things, namely:—

• (a) appoint the hour on such date and the place at which such meeting is to be held;

• (b) nominate a person to act as chairman of such meeting;

• (c) at least ten days before the day fixed for the holding of such meeting send to each of the persons entered in such panel a written notice stating—

• (i) the date, time, and place appointed for such meeting;

• (ii) the name of the person appointed to act as the chairman;

• (iii) the date by which the nominations of candidates for election as ordinary members and as substitutive members must be received by the Minister.

80 Conduct of elections of ordinary members and substitutive members.

80.—The following provisions shall have effect in relation to every election of ordinary members and substitutive members held in pursuance of this Part of this Act at a meeting of persons entered in any panel of curers, that is to say:—

• (a) the election of ordinary members and the election of substitutive members shall be conducted as two separate elections held at such meeting and accordingly each such election shall be deemed for the purposes of this section to be a separate election and the word “election” shall in this section be construed accordingly;

• (b) the word “elector” means a person whose name is entered in such panel;

• (c) the expression “the number of vacancies”—

• (i) when used in relation to the election of ordinary members, means the number of ordinary persons to be elected at such election,

• (ii) when used in relation to the election of substitutive members, means the number of substitutive members to be elected at such election;

• (d) the election of ordinary members shall be held first;

• (e) every elector shall be entitled to vote at each election either personally or, subject to the provisions of the next following paragraph, by proxy;

• (f) the following provisions shall have effect in relation to voting by proxy, that is to say:—

• (i) the instrument appointing a proxy shall be in writing in such form as the Minister may direct, under the hand of the elector, or, if the elector is a limited company, either under its seal or under the hand of a person duly authorised by it in that behalf,

• (ii) the said instrument shall be deposited at the office of the Minister not later than the end of the third day before the day fixed for such meeting, and if not so deposited shall be treated as invalid;

• (g) without prejudice to the right to vote by proxy, an elector who is a limited company may vote by any one of its directors, or its secretary, and an elector who is a partnership may vote by any one of the partners;

• (h) no person shall be qualified to be elected an ordinary member or a substitutive member at such meeting unless he has been nominated in writing as a candidate by an elector, and the nomination paper has not later than the end of the third day before the day fixed for the meeting been received by the Minister;

• (i) if a person who is nominated as both an ordinary member and a substitutive member is elected an ordinary member, the nomination of such person as a substitutive member shall be deemed to be withdrawn;

• (j) where no more candidates are duly nominated than the number of vacancies, those candidates shall be declared elected;

• (k) where the number of duly qualified candidates at any such election exceeds the number of vacancies, the following provisions shall have effect, that is to say:—

• (i) a vote shall be taken;

• (ii) every elector shall be entitled to vote for as many candidates as there are vacancies and no more;

• (iii) the candidates up to the number of vacancies who received most votes shall be declared elected and, in the case of two or more candidates receiving an equal number of votes, the chairman of the meeting shall have a casting vote;

• (l) immediately after such meeting the chairman shall send to the Minister a return showing the names of the persons elected as ordinary members and substitutive members at each election and such return shall be conclusive evidence of the election of such persons;

• (m) if the electors who attend such meeting fail to elect at any such election the number of persons required by this Part of this Act to be elected at such election, or if none of the electors attend such meeting, the Minister shall, as soon as may be, nominate that number or such less number as the circumstances require of persons willing to act as ordinary members or substitutive members (as the case may be) and the persons so nominated shall for all purposes be deemed to have been duly elected at such meeting as ordinary members or substitutive members (as the case may be).

81 Establishment of the Bacon Marketing Board.

81.—(1) Within one month after the completion of the first election of ordinary members and substitutive members, the Minister shall publish in the Iris Oifigiúil a notice declaring the Board to be established as from a date (subsequent to the publication of such notice) to be specified in such notice and thereupon the Board shall for all purposes be deemed to have been duly established on the date so specified.

• (2) In this Act all references to the date of the establishment of the Board shall be construed as referring to the date on which the Board is by virtue of this section deemed to have been established.

82 Term of office of ordinary members and substitutive members.

82.—(1) Every ordinary member (other than a person appointed to fill a casual vacancy) shall, unless he sooner dies, resigns, or becomes disqualified, hold office—

• (a) in case he is elected in the election year 1935, from the establishment of the Board until the 31st day of December, 1936;

• (b) in case he is elected in any other election year, for a period of three years from the 1st day of January next following such election.

• (2) Every substitutive member shall, unless he sooner dies, resigns, becomes disqualified, or is appointed to fill a casual vacancy amongst the ordinary members, hold office as a substitutive member—

• (a) in case he is elected in the election year 1935, from the date of the establishment of the Board until the 31st day of December, 1936;

• (b) in case he is elected in any other election year, for a period of three years from the 1st day of January next following such election.

• (3) An ordinary member or a substitutive member retiring on the expiration by effluxion of time of his term of office shall be eligible for re-election.

83 Resignation and disqualification of ordinary members and substitutive members.

83.—(1) An ordinary member or a substitutive member may at any time resign his office as such member by letter addressed and sent to the secretary of the Board and every such resignation shall take effect at the commencement of the meeting of the Board held next after the receipt of such letter by the secretary.

• (2) If and whenever any ordinary member or substitutive member is adjudged bankrupt, or makes a composition or arrangement with his creditors or is sentenced by a court of competent jurisdiction to suffer imprisonment or penal servitude, or ceases to be ordinarily resident in Saorstát Eireann or, in the case of an ordinary member, absents himself without the consent of the Board from all meetings of the Board for a period of three months, he shall cease to hold office as an ordinary member or substitutive member, as the case may be.

84 Filling of casual vacancies amongst ordinary members of the Bacon Marketing Board.

84.—(1) Whenever a vacancy (in this section referred to as a casual vacancy) occurs in the membership of the Board by reason of the death, resignation or disqualification of an ordinary member thereof, the Chairman shall notify the Minister of such vacancy, and the Minister shall, as soon as may be, appoint, in case there are any substitutive members representative of the same class of curers as such ordinary member, one of such substitutive members or, in any other case, such person as he thinks proper to fill such vacancy.

• (2) A substitutive member appointed to fill a casual vacancy shall thereupon cease to be a substitutive member.

• (3) Every person appointed to fill a casual vacancy shall unless he sooner dies, resigns, or becomes disqualified, hold office as an ordinary member for the residue of the term of office for which the member whose death, resignation or disqualification occasioned the vacancy would have held office if he had not died, resigned, or become disqualified.

85 Substitutive member acting for ordinary member.

85.—Whenever it appears to the Minister that on account of illness or for other sufficient reason an ordinary member is temporarily unable to discharge his duties as such member, the Minister may appoint one of the substitutive members representative of the same class of curers as such ordinary member to act as an ordinary member for such period (not exceeding the duration of such inability) as he shall think proper, and every substitutive member so appointed to act as an ordinary member of the Board shall during the period for which he is so appointed be an ordinary member in the place of such first-mentioned ordinary member.

86 Remuneration of members of the Bacon Marketing Board.

86.—(1) The Chairman shall be paid by the Board such remuneration and such allowances for expenses as the Minister may from time to time appoint.

• (2) Every ordinary member shall be paid by the Board such remuneration and such allowances for expenses as the Board, with the consent of the Minister, may from time to time appoint and different rates of remuneration may be appointed for ordinary members of the Board who are members of the Pigs Marketing Board and for other ordinary members of the Board.

87 Offices and Staff of the Bacon Marketing Board.

87.—(1) The Board may purchase, take on lease, build or otherwise acquire and may equip and maintain such offices and other premises in such places as it considers necessary for the due performance of its functions under this Part of this Act and may sell lease or otherwise dispose of any such premises which it considers to be no longer necessary for that purpose.

• (2) The Board shall appoint, with the approval of the Minister, a person to be secretary of the Board who shall hold office upon such terms and conditions as the Board, with the approval of the Minister, shall determine.

• (3) The Secretary of the Board shall be paid by the Board such remuneration and such allowances for expenses as the Board, with the consent of the Minister, shall from time to time appoint.

• (4) The Board shall also appoint such and so many officers (other than the secretary), servants, and agents as the Board shall from time to time consider necessary for the due performance of its functions under this Part of this Act and every officer, servant, and agent so appointed shall hold office upon such terms and subject to such conditions as the Board shall determine.

• (5) There shall be paid by the Board to the officers (other than the secretary) servants and agents of the Board such remuneration and such allowances for expenses as the Board may from time to time appoint.

88 Civil Servants seconded to the Bacon Marketing Board.

88.—Where a person serving in the Civil Service of the Government of Saorstát Eireann is seconded for service with the Board, the Board shall recoup to the Exchequer in such manner as the Minister for Finance may direct the salary of such person and also such charges in respect of superannuation and other allowances and gratuities payable under the Superannuation Acts for the time being in force to or in respect of such person as the said Minister shall determine to be proper.

89 Prohibition on disclosure of information by members and officers of the Bacon Marketing Board.

89.—(1) Subject to the provisions of this section, it shall not be lawful for any member or officer of the Board to disclose any information in relation to the business of any other person obtained by him in his capacity as such member or officer.

• (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 a fine not exceeding fifty pounds.

• (3) Nothing in sub-section(1) of this section shall apply to the disclosure of any information for the purposes of any legal proceedings (whether civil or criminal) taken or proposed to be taken under this Part of this Act.

90 Procedure of the Bacon Marketing Board.

90.—(1) The Board may act notwithstanding one or more vacancies amongst the ordinary members.

• (2) The Board shall regulate with the approval of the Minister by standing orders or otherwise the procedure to be observed and the business to be transacted at its meetings.

91 Meetings of the Bacon Marketing Board.

91.—(1) The Board shall hold its first meeting on such day at such time and place as the Minister shall appoint.

• (2) The Board shall hold, not later than the 7th day of January in every year next following an election year (other than the election year which is the year 1935), a meeting (in this Act referred to as the triennial meeting of the Bacon Marketing Board).

• (3) Subject to the provisions of this section, the Board shall hold such and so many meetings and at such times as may be necessary for the proper discharge of its functions under this Act.

• (4) The Chairman alone shall constitute a quorum at a meeting of the Board.

• (5) No meeting of the Board shall be held unless the Chairman is present thereat.

92 Determination of questions by the Bacon Marketing Board.

92.—(1) Save as is otherwise provided by this section every question arising at a meeting of the Board shall be determined by a majority of the votes of the members present and voting on the question, and in the case of an equal division of votes the Chairman shall have a second or casting vote.

• (2) Every question in relation to the making of an order to which this sub-section applies arising at a meeting of the Board shall be determined in accordance with the following provisions, that is to say:—

• (a) if no ordinary members or only one ordinary member are or is present at such meeting such question shall be determined by the Chairman;

• (b) if two or more ordinary members are present—

• (i) such question shall in the first instance be referred to such ordinary members for their vote thereon,

• (ii) if all such ordinary members vote on such question and such vote is unanimous, such question shall be deemed to have been decided by the Board in accordance with such vote,

• (iii) if some or all of such members do not vote on such question, or if all of such members vote and such vote is not unanimous, such question shall be referred to the Chairman for his decision and such question shall be deemed to have been determined in accordance with the Chairman's decision.

This sub-section applies to—

• (a) a home-sales order;

• (b) an allocation (sales quota) order;

• (c) a cold-storage order;

• (d) an order amending a cold-storage order;

• (e) a purchase order;

• (f) an order making regulations fixing the prescribed sum for the purposes of the provisions of this Part of this Act relating to levy in respect of carcases used for the production of bacon.

• (3) The following provisions shall have effect in relation to the making of a production order or an allocation (production quota) order at a meeting of the Board, that is to say:—

• (a) if no ordinary members or only one ordinary member are or is present at such meeting the Chairman shall make such order and such order as so made by the Chairman shall be deemed for the purposes of this Act to have been duly made by the Board at such meeting;

• (b) if two or more ordinary members are present at such meeting the following provisions shall have effect, that is to say:—

• (i) in case all such ordinary members pass unanimously a resolution in favour of the making of such order in terms specified in such resolution, such order shall be deemed for the purposes of this Act to have been duly made in such terms by the Board at such meeting, and

• (ii) in any other case, the Chairman shall make such order, and such order as so made by the Chairman shall be deemed for the purposes of this Act to have been duly made by the Board at such meeting.

93 Minutes of meetings of the Bacon Marketing Board.

93.—The Board shall keep in a book to be provided by it for the purpose, minutes of the proceedings at every meeting of the Board, and all such minutes shall be signed either at the meeting to which they relate by the Chairman or at the next meeting by the Chairman and when so signed shall be admitted in evidence.

94 The seal of the Bacon Marketing Board.

94.—(1) The Board shall provide and have a common seal.

• (2) The seal of the Board shall be authenticated by the signature of the Chairman.

• (3) Every document purporting to be an order or other instrument issued or made by the Board and to be sealed with the seal of the Board authenticated in the manner provided by this section shall be received in evidence and shall until the contrary is shown be deemed to be such order or instrument without proof of the authority or signature of the person signing the same.

95 Accounts, records and reports of the Bacon Marketing Board.

95.—(1) The Board shall keep all proper books of accounts and other books and records and shall within three months after the end of every year prepare and transmit to the Minister, to every licensee and to the Pigs Marketing Board, a statement of accounts (duly audited and certified by an auditor appointed by the Board with the consent and approval of the Minister) in respect of such year.

• (2) The Board shall in each year, at such date and in such form as the Minister may direct, make to the Minister a report of its proceedings under this Part of this Act during the preceding year and the Minister shall lay such report before each House of the Oireachtas.

• (3) The Board shall furnish to the Minister such information, statistics and returns as the Minister may from time to time require.

• (4) The Board shall on payment of one shilling furnish to any person a copy of any statement of accounts which has been prepared in pursuance of this section

96 Loans by the Minister to the Bacon Marketing Board.

96.—(1) The Minister may, with the consent of the Minister for Finance, from time to time, out of moneys provided by the Oireachtas, lend to the Board such sums of money as he thinks proper.

• (2) All moneys lent to the Board under this section shall be so lent on such terms and conditions as to time and manner of repayment, rate of interest, security and other matters as the Minister shall, with the consent of the Minister for Finance, appoint.

• (3) All moneys received by the Minister in repayment of any moneys lent by him under this section or in payment of interest on or otherwise in relation to such moneys shall be paid into or disposed of for the benefit of the Exchequer in such manner as the Minister for Finance shall direct.

97 The Bacon Marketing Fund.

97.—(1) The Board shall keep a fund (in this section referred to as the fund) to be called and known as the Bacon Marketing Fund and shall maintain and manage such fund in accordance with this Act.

• (2) All moneys received by the Board under this Part of this Act shall be paid by the Board into the fund.

• (3) There shall be paid out of the fund the following moneys and no other moneys, that is to say, all moneys required by this Part of this Act to be paid by the Board and all other expenses incurred by the Board in the execution of its powers and duties under this Part of this Act.

• (4) The Board may for the purposes of meeting charges required by this Part of this Act to be paid out of the fund borrow on the security of the fund.

• (5) So much of the fund as in the opinion of the Board is for the time being not immediately required for the payment of sums payable out of the said fund under this Part of this Act shall be invested by the Board in securities in which trustees are by the law for the time being in force authorised to invest trust funds.

• (6) The Board may from time to time at their discretion vary or transpose all moneys invested under this section into other investments authorised under this section and may at any time sell and convert into money all or any investments made by them under this section.

• (7) All dividends and interest received by the Board on investments made by them under this section or in respect of the sale of any such investments shall be paid into the fund.

98 Production periods and quotas.

98.—(1) The Board shall, not later than one month after the date of the establishment of the Board, or such subsequent date (if any) as the Minister may appoint, hold a meeting and at such meeting make an order (in this Part of this Act referred to as a production order)—

• (a) appointing a period (beginning on a day not later than one month after the date on which such order is made) to be the first production period for the purposes of this Part of this Act, and

• (b) appointing a specified quantity of bacon to be the production quota in respect of the first production period.

• (2) The Board shall, not later than one week before the end of a production period, hold a meeting and at such meeting make an order (in this Part of this Act also referred to as a production order)—

• (a) appointing a period (beginning at the expiration of the said production period) to be the next production period for the purposes of this Part of this Act, and

• (b) appointing a specified quantity of bacon to be the production quota in respect of the said next production period.

• (3) If at any time the provisions of sub-section (2) of this section are not complied with, the Board may, with the consent of the Minister, make, at a meeting to be held on such date as the Minister may appoint, a production order, and the period to be appointed by such order as the production period for the purposes of this Part of this Act shall be a period beginning on such date as the Minister may direct.

• (4) In making a production order the Board shall have regard to the following matters, namely:—

• (a) the capacity of the markets (both home and export) for bacon;

• (b) the quantity of bacon which the Board anticipates is required to be placed in cold storage against future requirements;

• (c) the stock of bacon on hands;

• (d) the supply of pigs likely to be available;

• (e) such other matters as the Board considers relevant.

• (5) The Pigs Marketing Board may make recommendations to the Board in relation to the production period and the production quota to be appointed by any production order, and the Board shall in making such order consider any such recommendations.

• (6) Every production order shall be published in the Iris Oifigiúil as soon as may be after it is made.

99 Allotment of production quota amongst licensed premises.

99.—(1) Whenever the Board makes a production order at any meeting the Board shall at such meeting make an order (in this Part of this Act referred to as an allocation (production quota) order) allotting, subject to the provisions of this section, the production quota in respect of the production period appointed by such production order amongst all licensed premises in such proportions as the Board thinks proper, and references in this Part of this Act to the production sub-quota for particular licensed premises in respect of a particular production period shall be construed as references to the portion of the production quota in respect of such production period allotted to such premises by an allocation (production quota) order.

• (2) Where the Minister, after the date of establishment of the Board, grants a licence, he may request the Board in making an allocation (production quota) order to allot to the premises in respect of which such licence was granted a specified proportion of the production quota in respect of the production period to which such allocation (production quota) order relates, and the Board shall comply with any such request.