Agricultural Produce (Cereals) Act , 1935

1 Definitions.

1.—In this Act—

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

the expression “the Principal Act” means the Agricultural Produce (Cereals) Act, 1933 (No. 7 of 1933);

the expression “the Amending Act of 1933” means the Agricultural Produce (Cereals) (Amendment) Act, 1933 (No. 49 of 1933);

the expression “the Amending Act of 1934” means the Agricultural Produce (Cereals) Act, 1934 (No. 41 of 1934);

the expressions “home-grown wheat,” “home-grown millable wheat,” “milling-licence,” “preliminary quota period,” “barrel,” “registered distiller” and “registered wheat dealer” have the same meanings as such expressions have in the Principal Act;

the expression “licensed mill”means a mill which is the subject of a milling licence.

2 Amendment of definition of “cereal year.”

2.—So much of section 3 of the Principal Act as defines the expression “cereal year” is hereby repealed, and in lieu thereof it is hereby enacted that each of the following periods shall be a cereal year for the purposes of the Principal Act that is to say:—

(a) the period of twelve months which commenced on the 1st day of August, 1934;

(b) the period of thirteen months commencing on the 1st day of August, 1935;

(c) the period of twelve months commencing on the 1st day of September in the year 1936, and each subsequent year,

and the Agricultural Produce (Cereals) Acts, 1933 and 1934, and this Act shall be construed and have effect with due regard to the modification of the said expression effected by this section.

3 “Sale (wheat) year.”

3.—(1) For the purposes of this Act each of the following periods shall be a sale (wheat) year, that is to say—

(a) the period of twelve months commencing on the 1st day of September, 1935,

(b) the period of twelve months commencing on each subsequent 1st day of September.

(2) In this Act the expressions “the sale (wheat) year 1935-36” and “the sale (wheat) year 1936-37” mean the sale (wheat) years commencing respectively on the 1st day of September, 1935 and the 1st day of September, 1936.

4 Increase of quota for quota year 1935-36.

4.—The quota for a licensed mill for the quota year commencing on the 1st day of August, 1935, and ending on the 31st day of August, 1936, shall, for the purposes of the Agricultural Produce (Cereals) Acts, 1933 and 1934, and this Act, be deemed to be the amount of wheat which is immediately before the passing of this Act required by section 28 of the Principal Act to be milled at such mill during the period of twelve months commencing on the 1st day of August, 1935, together with one-twelfth of such amount.

5 Method of computing amount of wheat milled at a mill during the preliminary quota period and quota years.

5.—(1) For the purposes of sections 28 and 30 of the Principal Act, as amended by the Amending Act of 1934, and of section 61 of the Amending Act of 1934, the amount of wheat milled at a particular licensed mill during the preliminary quota period or any quota year shall be taken to be the sum of the following amounts namely, the amount of wheat at such mill at the commencement of such period or year (as the case may be) and the amount of wheat delivered at such mill during such period or year (as the case may be), less the sum of the following amounts, namely, the amount of wheat at such mill immediately before the expiration of such period or year (as the case may be) and the amount of wheat consigned from such mill during such period or year (as the case may be).

(2) The provisions of this section shall not apply in respect of any period commencing before the 1st day of August, 1935.

6 Obligation to mill annually a percentage of home-grown wheat.

6.—(1) The Minister, after consultation with the Minister for Industry and Commerce, shall, before the commencement of every cereal year make, in the case of the cereal year commencing next after the passing of this Act, as soon as may be after such passing or, in the case of any other cereal year, not later than eight months before the commencement of such cereal year, an order fixing for the purposes of this section a percentage in respect of such cereal year, and the Minister may, after the like consultation, during such cereal year by a further order or orders vary the amount of such percentage, and the percentage fixed by an order or the last order under this section in respect of a cereal year shall for the purposes of this section be the appointed national percentage in respect of such cereal year.

(2) Every person who is the holder of a milling licence in respect of a mill which is a licensed mill at the commencement of any cereal year shall mill at such mill, as part of the quota in respect of the quota year which is contemporaneous with such cereal year, home-grown wheat of an amount not less than a percentage of such quota equal to the appointed national percentage in respect of such cereal year.

(3) References in this Act to the home-grown wheat quota for a mill for a particular cereal year shall be construed as references to the minimum quantity of home-grown wheat which the holder of the licence in respect of such mill is required by the immediately preceding sub-section to mill at such mill during the quota year contemporaneous with such cereal year.

(4) Any person (in this sub-section referred to as the undertaking miller) who is the holder of a milling licence in respect of a mill which is a licensed mill at the commencement of any cereal year may undertake with another person (in this sub-section referred to as the liable miller) who is the holder of a milling licence in respect of a mill (in this sub-section referred to as the liable mill) which is a licensed mill at the commencement of such cereal year to mill during such cereal year or to have milled during such cereal year by another holder of a milling licence in respect of a mill which is a licensed mill at the commencement of such cereal year a quantity of home-grown wheat equal to the whole or part of the home-grown wheat quota for the liable mill for such cereal year, and whenever any such undertaking is entered into the following provisions shall have effect, that is to say:—

(a) if such undertaking relates to the whole of such home-grown wheat quota, the liable miller shall be exempt from the obligation imposed on him by the sub-section (2) of this section in relation to such cereal year in respect of the liable mill; and

(b) if such undertaking relates to a part of such home-grown wheat quota, the liable miller shall, so far as relates to such part, be exempt from the obligation imposed on him by the said sub-section (2) in relation to such cereal year in respect of the liable mill; and

(c) if the undertaking miller fails or neglects to comply with such undertaking such undertaking miller shall be guilty of an offence under this section; and

(d) the liable miller shall, within fourteen days after such undertaking is entered into, send to the Minister full particulars of such undertaking, and if the liable miller fails to comply with this provision the liable miller shall be guilty of an offence under this section and;

(e) where any home-grown wheat is milled at a licensed mill in pursuance of such undertaking, such home-grown wheat—

(i) shall, for the purposes of sub-section (2) of this section, be deemed not to have been milled at such mill,

(ii) shall, for the purposes of sections 28 and 30 of the Principal Act, as amended by the Amending Act of 1934, be part of the quota milled at such licensed mill in the quota year contemporaneous with such cereal year,

(iii) shall not, for the purposes of sections 28 and 30 of the Principal Act, as amended by the Amending Act of 1934, be deemed to have been milled at the liable mill in the quota year contemporaneous with such cereal year; and

(f) such undertaking shall not release the liable miller or the undertaking miller or any other holder of a milling licence, who mills any home-grown wheat for the undertaking miller for the purposes of such undertaking, from the obligations imposed on him by the provisions of this Act relating to provision of storage accommodation and drying plant by holders of milling licences or relating to purchase of home-grown wheat by holders of milling licences.

(5) If the holder of a milling licence in respect of a mill which is a licensed mill at the commencement of any cereal year fails or neglects to perform the obligation imposed on him in relation to such cereal year in respect of such mill by sub-section (2) of this section, such holder shall, unless he is exempted from such obligation under the immediately preceding sub-section, be guilty of an offence under this section.

(6) Where a person is the holder of a milling licence in respect of a mill for which there is a preliminary quota period and such period is six months or more, the following provisions shall have effect, that is to say:—

(a) such person shall mill at such mill as part of the quota in respect of such period home-grown wheat of an amount not less than a percentage of such quota equal to the appointed national percentage in respect of the cereal year which includes such period, and

(b) if such person fails or neglects to perform the obligation imposed on him by this sub-section he shall be guilty of an offence under this section.

(7) Every person guilty of an offence under this section shall be liable on summary conviction thereof to the penalties mentioned in Part 1 of the First Schedule to this Act.

(8) The provisions of this section shall not apply in respect of any period commencing before the 1st day of August, 1935.

(9) Section 29 of the Principal Act shall cease to have effect in relation to any cereal year commencing after the date of the passing of this Act.

7 Provision of storage accommodation and drying plant by holders of milling licences.

7.—(1) The Minister with the consent of the Minister for Industry and Commerce may, before the commencement of any cereal year, make an order (in this Act referred to as a home-grown wheat (storage and drying plant) order) requiring each person who is the holder of a milling licence in respect of a mill, which is a licensed mill at the commencement of such cereal year and the quota for which for such cereal year exceeds a specified amount of wheat, to provide in relation to such mill before the commencement of such cereal year stores of a capacity sufficient to accommodate a specified proportion of the home-grown wheat quota for such mill in respect of such year and drying plant capable of drying grain at the rate of a specified quantity per day of twenty-four hours in respect of every hundred tons of such home-grown wheat quota, to use such accommodation for such specified proportion, and to use such drying plant for drying so much of such home-grown wheat quota as requires drying.

(2) Where a home-grown wheat (storage and drying plant) order has been made in respect of any cereal year, the Minister may, before the commencement of such cereal year, serve on the holder of a milling licence in respect of a mill, who is required by such order to provide stores and drying plant, a notice directing that such stores and drying plant shall be provided (as may be specified) at such mill or at some other specified place or within a specified distance from such mill.

(3) Where

(a) a home-grown wheat (storage and drying plant) order has been made, and

(b) either—

(i) the holder of a milling licence fails or neglects to comply with such order so far as the same relates to him, or

(ii) the holder of a milling licence upon whom a notice under the immediately preceding sub-section has been served fails or neglects to comply with such notice,

such holder shall be guilty of an offence under this section and shall be liable on summary conviction thereof to the penalties mentioned in Part 1 of the First Schedule to this Act.

8 Returns in respect of stores and drying plant for home-grown wheat.

8.—(1) Where a home-grown wheat (storage and drying plant) order has been made in respect of a cereal year, each person who is the holder of a milling licence and who is required by such order to provide stores and drying plant shall not later than one week after the commencement of such cereal year send to the Minister a return containing such particulars as the Minister may direct of such stores and drying plant.

(2) Every person required by this section to make any return who fails or refuses to make such return in accordance in all respects with this section or who makes in any such return any statement which is false or misleading in any material respect shall be guilty of an offence under this section and shall be liable on summary conviction thereof to the penalties mentioned in Part II of the First Schedule to this Act.

9 Inspection of stores and drying plant for home-grown wheat.

9.—(1) Where a home-grown wheat (storage and drying plant) order has been made in respect of any cereal year, an inspector shall be entitled at all reasonable times to enter any premises on which the stores and drying plant required by such order are, and examine such stores and plant.

(2) Every person who shall obstruct or impede any 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.

(3) In this section the word “inspector” means a person authorised in writing by the Minister to exercise the powers conferred on an inspector by this section.

10 Purchase of home-grown wheat by holders of milling licences.

10.—(1) The Minister may by order made before the commencement of any cereal year make an order (in this section referred to as a purchase percentage order) requiring that of the home-grown wheat quotas, for all mills which are licensed mills at the commencement of such cereal year, for such cereal year a percentage (in this section referred to as the purchase percentage) fixed by such order shall be purchased and taken into store in such cereal year by holders of milling licences before the end of each month, specified in such order, in such cereal year, and such percentage may, in respect of any one month in such cereal year, be fixed at one hundred per cent.

(2) Where a purchase percentage order has been made in relation to any cereal year, the Minister may, whenever and so often as he thinks fit, by order (in this section referred to as an amending order) amend such purchase percentage order, in respect of any month or months in such cereal year commencing after the date of such order by increasing or reducing the purchase percentage for such month or months or, in respect of any month in such cereal year current at the date of such order, by reducing the purchase percentage for such month, and references in this section to a purchase percentage order shall be construed, in the case of a purchase percentage order amended by an amending order, as references to such purchase percentage order as so amended.

(3) Where—

(a) a purchase percentage order fixing a purchase percentage in respect of any month in a cereal year is in force; and

(b) any person, being the holder of a milling licence in respect of a mill at the commencement of such year, fails or neglects to purchase and take into his stores in such cereal year before the end of such month a percentage of the home-grown wheat quota for such mill in respect of such year at least equal to the purchase percentage for such month, such person shall at the expiration of such month pay to the Minister a sum calculated at the rate of twenty shillings for every barrel of wheat by which the amount of home-grown wheat purchased and taken by him into his stores before the end of such month falls short of the said percentage of the home-grown wheat quota for such mill, and such sum shall be a debt due and payable by such person to the Minister and may be recovered as a simple contract debt in a court of competent jurisdiction.

(4) Where the holder of a milling licence has become liable to pay any moneys to the Minister under the immediately preceding sub-section, the Minister may, with the consent of the Minister for Finance, release such holder from such liability.

(5) In any proceedings by the Minister under this section to recover any sum from the holder of a milling licence the production of a certificate by the Minister certifying that such sum is due shall be prima facie evidence of the facts so certified.

(6) All moneys 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.

11 Records to be kept by holders of milling licences in respect of home-grown wheat.

11.—(1) It shall be the duty of every person who is the holder of a milling licence in respect of a mill to keep at such place as the Minister for Industry and Commerce may appoint, in addition to any records which he may be required by the Agricultural Produce (Cereals) Acts, 1933 and 1934, to keep, a record in such form as the said Minister may direct of all storages of home-grown wheat purchased by him and of transfers of such wheat before milling, and within twenty-four hours after such storages or transfers to enter in the said records such particulars thereof as the said Minister may direct.

(2) Sub-sections (2), (3) and (4) of section 32 of the Principal Act shall apply in respect of records required by this section to be kept in like manner as those sub-sections apply in respect of records required to be kept by sub-section (1) of the said section 32, subject however to the following modifications that is to say:—

(a) the references in paragraphs (b), (c), and (e) of the said sub-section (4) to the appointed place shall be construed as references to the place appointed by the Minister for Industry and Commerce under sub-section (1) of this section, and

(b) paragraph (d) of the said sub-section (4) shall not apply.

12 Minimum prices of home-grown millable wheat.

12.—(1) For the purposes of this Act the minimum price per barrel for home-grown millable wheat of each class specified in the second column of the Second Schedule to this Act for each month in the sale (wheat) year 1935-36, and the sale (wheat) year 1936-37, shall be the price set out opposite to the mention of wheat of that class in the sub-column relative to such month of the third column of the said Schedule.

(2) The Executive Council shall from time to time by order do, in respect of each sale (wheat) year (other than the sale (wheat) year 1935-36, and the sale (wheat) year 1936-37) commencing after the passing of this Act, the following things:—

(a) divide, by reference to bushel weights, home-grown millable wheat, the bushel weight of which is not less than the bushel weight declared by such order to be the minimum bushel weight for the purposes of classification, into such and so many classes as they think fit;