Agricultural Produce (Cereals) Act , 1936

PART I. Preliminary and General.

1 Short title and citation.

1.—This Act may be cited as the Agricultural Produce (Cereals) Act, 1936, and the Agricultural Produce (Cereals) Acts, 1933 to 1935, and this Act may be cited together as the Agricultural Produce (Cereals) Acts, 1933 to 1936.

2 Definitions.

2.—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 1934” means the Agricultural Produce (Cereals) Act, 1934 (No. 41 of 1934);

the expression “the Amending Act of 1935” means the Agricultural Produce (Cereals) Act, 1935 (No. 26 of 1935);

the expressions “home-grown wheat” “milling licence” “registered wheat dealers” “registered maize miller” “registered maize importer” “register of wheat dealers” “maize meal mixture” “home-grown cereal” and “oat kernel” have the same meanings as such expressions have in the Agricultural Produce (Cereals) Acts, 1933 to 1935;

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

3 Revocation of milling licences and cancellation of registration of registered wheat dealers, registered maize millers, and registered maize importers.

3.—(1) Where the holder of a milling licence is convicted of an offence under any section of this Act, such holder shall, for the purposes of section 34 of the Principal Act, be deemed to have been convicted of an offence under the Principal Act, and the said section 34, as amended by section 13 of the Amending Act of 1934, apply and have effect accordingly.

(2) A contravention of this Act by a registered wheat dealer, a registered maize miller or a registered maize importer shall, for the purposes of section 61 of the Principal Act, as amended by section 20 of the Amending Act of 1934, be deemed to be a contravention by him of the Principal Act, and the said section 61, as so amended, shall apply and have effect accordingly.

4 Prosecution of offences.

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

5 Regulations.

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

6 Repeals.

6.—The several enactments specified in the Schedule to this Act are hereby repealed to the extent mentioned in the third column of the said Schedule and as on and from the respective dates specified in the fourth column of the said Schedule.

7 Expenses.

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

PART II. Miscellaneous Amendments of the Agricultural Produce (Cereals) Acts, 1933 t 1935.

8 Ineligibility of holder of a milling licence to be a registered wheat dealer and avoidance of existing registrations.

8.—(1) Notwithstanding anything contained in the Principal Act, a person who is the holder of a milling licence shall not be registered in the register of wheat dealers on or after the date of the passing of this Act.

(2) Where a person, who is the holder of a milling licence, is immediately before the passing of this Act registered in the register of wheat dealers, such registration shall immediately upon such passing become void and of no effect.

9 Refusal of applications for registration.

9.—(1) Notwithstanding anything contained in the Acts and without prejudice to the powers of refusing applications for registration conferred on him by the Acts, the Minister may, in his absolute discretion, refuse an application by a person for registration in respect of any premises on either or both of the following grounds, that is to say:—

(a) that such person or any other person was previously registered in respect of those premises and such registration was cancelled by the Minister under the Acts;

(b) that such person was previously registered in respect of other premises and such registration was cancelled by the Minister under the Acts.

(2) In this section—

the expression “the Acts” means the Agricultural Produce (Cereals) Acts, 1933 to 1935;

the word “registered” means registered in a register kept by the Minister under the Acts, and the word “registration” shall be construed accordingly.

10 Amendment of section 57 of the Principal Act.

10.—Section 57 of the Principal Act, as amended by section 18 of the Amending Act of 1934, is hereby amended by the insertion in paragraph (c) of sub-section (2) of the said section after the words “home-grown cereals” where those words occur in the said paragraph of the words “(including oat kernels)” and the said section shall be construed and have effect accordingly.

11 Amendment of section 53 of the Amending Act of 1934.

11.—Sub-section (1) of section 53 of the Amending Act of 1934 is hereby amended, by the insertion at the end of the said sub-section of the words “or is the Minister.”

12 Prospective cesser of sub-section (4) of section 6 of the Amending Act of 1935.

12.—Sub-section (4) of section 6 of the Amending Act of 1935 shall cease to have effect in relation to any cereal year commencing after the date of the passing of this Act.

13 Amendment of section 6 of the Amending Act of 1935.

13.—Where the holder of a milling licence has, under and in accordance with a licence granted under section 17 of the Amending Act of 1935, sold or disposed of for seed in any cereal year any home-grown wheat purchased by him in such cereal year, the amount of home-grown wheat which such holder is required, in pursuance of section 6 of the Amending Act of 1935, to mill into wheat in such cereal year shall be reduced by an amount equal to the amount which he has so sold or disposed of for seed.

14 Amendment of section 10 of the Amending Act of 1935.

14.—(1) Where—

(a) the holder of a milling licence has, in pursuance of an order made under section 10 of the Amending Act of 1935, purchased and taken into store before the end of any month specified in such order in any cereal year any home-grown wheat, and

(b) such holder before the end of such month disposes (otherwise than by milling or than by sale or disposal for seed under and in accordance with a licence granted under section 17 of the Amending Act of 1935) of any home-grown wheat,

the amount of home-grown wheat purchased and taken into store by him in such month shall, for the purposes of the said section 10, be deemed to be reduced by an amount equal to the amount so disposed of by him.

(2) Where any home-grown wheat is purchased by the holder of a milling licence, the amount so purchased by him shall, for the purpose of section 10 of the Amending Act of 1935, be taken to be the actual weight of such home-grown wheat at the time of purchase.

(3) Sub-section (4) of section 10 of the Amending Act of 1935 is hereby amended in the following respects and shall be construed and have effect accordingly, that is to say:—

(a) by the insertion of the words “in respect of any month in a cereal year” after the words “has become liable” now contained in the said sub-section, and

(b) by the insertion at the end of the said sub-section of the words “or, in case the quota for the mill to which such licence relates for such cereal year does not exceed ten thousand barrels, any part of such liability”.

(4) Sub-section (1) of section 10 of the Amending Act of 1935 is hereby amended by the deletion of the words “by order made” now contained therein.

15 Moisture in wheat offals.

15.—(1) It shall not be lawful for the holder of a milling licence to sell or offer for sale any wheat offals which contain more than the prescribed percentage (if any) of moisture.

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

(3) The Minister shall, before making any regulations in relation to the percentage referred to in this section as prescribed, consult the Minister for Industry and Commerce in regard thereto.

PART III. Compulsory Sale of Wheat by Registered Wheat Dealers and Holders of Milling Licences to other Holders of Milling Licences.

16 Compulsory sale orders in relation to home-grown wheat.

16.—(1) The Minister may, whenever and so often as he thinks fit, serve an order (in this Part of this Act referred to as a compulsory sale order) on any person, who is either a registered wheat dealer or the holder of a milling licence and on such other person, being the holder of a milling licence, as the Minister may think fit requiring such first-mentioned person to sell to such other person and such other person to purchase from such first-mentioned person within a specified time a specified quantity of home-grown millable wheat at such price and subject to such conditions as to carriage and delivery as the Minister may fix and specify in such order.

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

17 Service of compulsory sale orders.

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

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

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

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

18 Effect of service of compulsory sale orders.

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

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

(b) if the requirements of such order are not complied with, the said vendor and the said purchaser shall each be guilty severally of an offence under this section;

(c) if the vendor is charged with an offence under this section, it shall be a good defence to such charge for the vendor to prove either—

(i) that at the time at which such order was served on him he had not, in his power, possession or procurement, a quantity of home-grown wheat equal to or more than the quantity specified in such order, or

(ii) that his non-compliance with such order was due to the acts or defaults of the said purchaser;

(d) if the said purchaser is charged with an offence under this section it shall be a good defence to such charge to prove that his non-compliance with such order was due to the acts or defaults of the vendor.

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

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

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

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

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

(3) If any person fails, neglects or refuses to send to the Minister in accordance with this section the statement required by this section to be sent by him, such person shall be guilty of an offence under this section.

20 Penalties for offences under Part III.

20.—Every person guilty of an offence under any section contained in this Part of this Act shall be liable on summary conviction thereof to, in the case of a first offence under such section, a fine not exceeding one hundred pounds, or, in the case of a second or any subsequent such offence, a fine not exceeding two hundred and fifty pounds or, at the discretion of the court, imprisonment for any term not exceeding six months or both such fine and imprisonment.

21 Non-appliance of sections 13 and 14 of Amending Act of 1935 to sales under compulsory sale orders.

21.—Sections 13 and 14 of the Amending Act of 1935 shall not apply in respect of any sale of home-grown wheat sold under and in accordance with a compulsory sale order.

PART IV. Provisions in relation to Sale of Maize, Maize meal, and Maize Meal Mixtures.

22 Appointed day for the purposes of Part IV.

22.—(1) The Minister may by order fix a day to be the appointed day for the purposes of this Part of this Act.

(2) In this Part of this Act, the expression “the appointed day” means the day appointed by the Minister under this section to be the appointed day for the purposes of this Part of this Act.

23 Restrictions on sale, etc., of maize by registered maize importers.

23.—(1) On and after the appointed day it shall not be lawful for a registered maize importer to sell maize to any person (other than another registered maize importer or the Minister) unless such maize is sold under and in accordance with a licence in that behalf granted by the Minister under this Part of this Act.

(2) It shall not be lawful for any registered maize importer who is also a registered maize miller to transfer to any mill in respect of which he is registered under the Principal Act any maize imported by him or purchased by him from another registered maize importer unless such maize is so transferred under and in accordance with a licence in that behalf granted by the Minister under this Part of this Act.

(3) If any registered maize importer acts in contravention of this section, he shall be guilty of an offence under this section.

24 Restriction on sale of maize by persons other than registered maize importers.

24.—(1) On and after the appointed day it shall not be lawful for any person, who is not a registered maize importer, to sell any maize to any other person unless such maize is sold under and in accordance with a licence in that behalf granted by the Minister under this Part of this Act.

(2) If any person acts in contravention of this section he shall be guilty of an offence under this section.

(3) The provisions of this section shall not apply in respect of the sale of maize by the Minister in pursuance of the powers conferred on him by section 100 of the Principal Act.

25 Restriction on sale of maize meal by registered maize millers.

25.—(1) On and after the appointed day it shall not be lawful for any registered maize miller to sell any maize meal unless such maize meal is sold under and in accordance with a licence in that behalf granted by the Minister under this Part of this Act.

(2) If any registered maize miller acts in contravention of this section, he shall be guilty of an offence under this section.

26 Restriction on purchase of maize.

26.—(1) On and after the appointed day it shall not be lawful for any person (other than a registered maize importer or the Minister) to purchase any maize unless such maize is purchased under and in accordance with a licence in that behalf granted by the Minister under this Part of this Act.

(2) If any person acts in contravention of this section, he shall be guilty of an offence under this section.

27 Licences under Part IV.

27.—(1) The Minister may, for the purposes of this Part of this Act, grant licences authorising the doing of anything the doing of which is declared by any section contained in this Part of this Act to be unlawful unless done under and in accordance with a licence in that behalf granted by the Minister under this Part of this Act.

(2) Any licence under this section may be granted subject to such conditions as the Minister thinks proper and specifies in such licence, and without prejudice to the generality of the foregoing—

(a) in the case of a licence to sell maize or maize meal, a condition that such maize or maize meal shall not be sold by the holder of such licence except to a person who is the holder of a licence granted by the Minister under this section authorising him to purchase maize or maize meal;

(b) in the case of a licence to purchase maize, a condition that such maize shall not be purchased by the holder of such licence except from a person who is the holder of a licence granted by the Minister under this section authorising him to sell maize.

(3) The Minister may at any time revoke a licence granted under this section.

28 Maize meal mixture (whole oats) orders and maize meal mixture (oat kernels) orders.

28.—(1) The Minister may, whenever and so often as he thinks fit, by order (in this Part of this Act referred to as a maize meal mixture (whole oats) order) require any oats included in a maize meal mixture to be in the form of the entire product derived from grinding oats.

(2) The Minister may, whenever and so often as he thinks fit, by order (in this Part of this Act referred to as a maize meal mixture (oat kernels) order) require any oats included in a maize meal mixture to be in the form of the entire product derived from grinding oat kernels.

(3) The Minister may by order revoke any order made by him under sub-section (1) or sub-section (2) of this section.

(4) Any order made by the Minister under sub-section (1) or sub-section (2) of this section before the appointed day shall not be expressed to come into operation on a date earlier than the appointed day.

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