Milk (Regulation of Supply and Price) Act , 1936

PART I. Preliminary and General.

1 Short title.

1.—This Act may be cited as the Milk (Regulation of Supply and Price) Act, 1936.

2 Definitions.

2.—(1) In this Act—

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

the word “milk” means whole milk, other than whole milk used in the manufacture of condensed milk or dried milk;

the word “inspector” means a person authorised in writing by a board established under Part II of this Act to exercise the power conferred on an inspector;

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

(2) For the purposes of this Act—

(a) milk dealt with at premises registered in any of the registers kept under the Dairy Produce Act, 1924 (No. 58 of 1924) or at premises in respect of which a licence is granted under section 13 or section 14 of the Creamery Act, 1928 (No. 26 of 1928), shall be deemed to have been produced at such premises, and

(b) the owner of such premises shall be deemed to be the producer of any milk dealt with thereat,

(c) where any milk is sold or purchased such milk shall be deemed to have been sold at the place where the purchaser carries on business.

3 Orders.

3.—Every order made under this Act shall be laid before Dáil Eireann as soon as may be after it is made and, if a resolution annulling such order is passed by Dáil Eireann within the next subsequent twenty-one days on which Dáil Eireann has sat after such order is so laid before it, such order shall be annulled accordingly, but without prejudice to the validity of anything previously done under such order.

4 Regulations.

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

5 Expenses.

5.—All expenses incurred by the Minister under this Act shall, to such extent as may be sanctioned by the Minister for Finance, be paid out of moneys provided by the Oireachtas.

PART II. Regulation of Supply and Wholesale Price of Milk.

Establishment of Joint (Sale and Supply) Districts.

6 Associated sale and production areas.

6.—(1) The Minister may, whenever and so often as he thinks proper, by order (in this Part of this Act referred to as a milk (joint district) order) do the following things, that is to say:—

(a) declare that a particular area specified or delimited in such order shall be a sale district for the purposes of this Part of this Act, and

(b) declare that a particular area (which may or may not include the whole or any part of the area declared to be a sale district by such order) specified or delimited in such order shall be a production district for the purposes of this Part of this Act, and

(c) declare that the said two areas shall together be a joint (sale and supply) district for the purposes of this Part of this Act, and

(d) define (in such manner and by reference to such things as the Minister shall think proper) what shall constitute in relation to milk a retailer and a wholesaler respectively in respect of such sale district, and

(e) declare that, of the ordinary members of the board to be established under this Part of this Act for such joint (sale and supply) district, either—

(i) such board shall consist of a specified number of producer members, a specified number of retailer members, and a specified number of wholesaler members, or

(ii) if, but only if, the Minister is of opinion that there are then no persons carrying on the business of wholesalers in such sale district such board shall consist of a specified number of producer members and a specified number of retailer members, and

(f) appoint a day to be for the purposes of this Part of this Act the appointed day in respect of such joint (sale and supply) district, and

(g) appoint a day to be for the purposes of this Part of this Act the day of entry on office of first elected members in respect of such joint (sale and supply) district.

(2) The number of producer members of a board for a joint (sale and supply) district shall not in any case be less than one-half of the number of the ordinary members of such board.

(3) The Minister may at any time, at his discretion, by order, revoke or amend a milk (joint district) order and, in particular, may by any such amending order alter (whether by addition or subtraction or both addition and subtraction) the area which is a sale district and the area which is a production district by virtue of such order or either of such areas.

(4) In this Act—

the expression “sale district” means an area declared by a milk (joint district) order for the time being in force to be a sale district;

the expression “production district” means an area declared by a milk (joint district) order for the time being in force to be a production district;

the expression “joint district” means an area declared by a milk (joint district) order to be a joint (sale and supply) district;

the expression “the associated sale district” means—

(a) when used in relation to a joint district, the sale district which forms part of such joint district, and

(b) when used in relation to a production district, the sale district which, with such production district, forms a joint district,

the expression “the associated production district” means—

(a) when used in relation to a joint district, the production district which forms part of such joint district, and

(b) when used in relation to a sale district, the production district which, with such sale district, forms a joint district,

the expression “the appointed day” when used in relation to a joint district means the day appointed to be the appointed day in respect of such joint district by a milk (joint district) order; the expression “the day of entry on office of first elected members” when used in relation to a joint district means the day appointed to be the day of entry on office of first elected members in respect of such joint district by a milk (joint district) order;

the expression “the appropriate number of producer members” when used in relation to a board for a joint district means the number of producer members specified in the milk (joint district) order which relates to such district;

the expression “the appropriate number of retailer members” when used in relation to the board for a joint district means the number of retailer members specified in the milk (joint district) order which relates to such district;

the expression “the appropriate number of wholesaler members” when used in relation to the board for a joint district means the number of wholesaler members specified in the milk (joint district) order which relates to such district;

the expression “retailer” when used in relation to a sale district means a person who is a retailer as defined in the milk (joint district) order which relates to such sale district;

the expression “wholesaler” when used in relation to a sale district means a person who is a wholesaler as defined in the milk (joint district) order which relates to such sale district.

7 Provisions consequential on an order amending a milk (joint district) order.

7.—Whenever, by virtue of an order under this Act revoking or amending a milk (joint district) order, a sale district or part of a sale district ceases to be a sale district or to be included in a sale district (as the case may be), or a production district or part of a production district ceases to be a production district or to be included in a production district (as the case may be), the following provisions shall have effect, that is to say:—

(a) such cesser shall not affect—

(i) the previous operation of this Act in such sale district or part thereof or in such production district or part thereof (as the case may be) or anything done or suffered under this Act in such district or part, or

(ii) any right, privilege, obligation or liability acquired, accrued or incurred under this Act in such district or part (as the case may be), or

(iii) any penalty, forfeiture or punishment incurred under this Act, or

(iv) any investigation, legal proceeding or remedy in respect of any such right, privilege, obligation, penalty, forfeiture or punishment as aforesaid; and

(b) any offence under any section of this Act committed before such cesser may be investigated, prosecuted, tried and punished after and notwithstanding such cesser as if such cesser had not occurred.

Boards for Joint Districts.

8 Constitution of boards for joint districts.

8.—(1) Whenever a milk (joint district) order is made there shall be established, as on and from the day on which such order comes into force, a board for the joint district to which such order relates, to be called and known by such name as the Minister shall specify in such order, to fulfil in relation to such district the functions assigned to it by this Part of this Act, and references in this Part of this Act to a board and the board for a joint district shall be construed as references to a board established under this section and to the board established under this section for such joint district, respectively.

(2) Every 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) Every board for a joint district shall consist of the following number of members, namely—

(a) a chairman (in this Part of this Act referred to as the chairman of such board), and

(b) until the day of entry on office of first elected members in respect of such district, a number of ordinary members equal to the sum of the appropriate number of producer members, the appropriate number of retailer members and the appropriate number of wholesaler members (if any), and

(c) on and after the day of entry on office of first elected members in respect of such district, the following ordinary members, namely—

(i) the appropriate number of producer members, and

(ii) the appropriate number of retailer members, and

(iii) if, but only if, the milk (joint district) order which relates to such district declares that such board shall include any wholesaler members, the appropriate number of wholesaler members.

9 Chairmen or boards.

9.—The following provisions shall have effect in relation to the chairman of a board, that is to say:—

(a) the Minister shall, before the milk (joint district) order under which such district is established has come into force and thereafter as occasion requires, nominate a person to be chairman of such board, and

(b) the chairman of such board shall hold office during the pleasure of the Minister and shall be paid by such board such remuneration and such allowances for expenses as the Minister, after consultation with the Minister for Finance, may from time to time appoint, and

(c) whenever the chairman of such board is, through ill-health or other sufficient cause, temporarily incapacitated from performing the duties of his office, the Minister may nominate a person during such incapacity to perform the duties of such chairman, and the person so appointed shall during such incapacity have all the powers of the chairman of such board and be deemed for the purposes of this Part of this Act to be the chairman of such board, and there shall be paid by such board to any person so nominated such remuneration and such allowances for expenses as the Minister, after consultation with the Minister for Finance, may appoint.

10 First ordinary members of boards.

10.—The following provisions shall have effect in relation to the first ordinary members of the board for a joint district, that is to say:—

(a) the first ordinary members shall be nominated by the Minister;

(b) each first ordinary member shall, unless he sooner dies, resigns or becomes disqualified, hold office until the day of entry on office of first elected members in respect of such district;

(c) whenever a vacancy (in this section referred to as a casual vacancy) occurs before the day of entry on office of first elected members in respect of such district in the membership of the board by reason of the death, resignation or disqualification of an ordinary member, the chairman of such board shall so inform the Minister, and the Minister shall as soon as may be nominate a person to fill such vacancy;

(d) every person appointed to fill any such casual vacancy shall, unless he sooner dies, resigns or becomes disqualified, hold office until the day of entry on office of first elected members in respect of such district.

11 Election day orders.

11.—(1) The Minister shall make in respect of the board for a joint district an order appointing a day before the day of entry on office of first elected members in respect of such district to be an election day.

(2) The Minister shall, in every third year after the year in which the day appointed under the immediately preceding sub-section to be an election day for a board occurs, make in respect of such board an order appointing a day during each such first mentioned year to be an election day.

(3) In this Part of this Act the expression “election day” when used in relation to a board means a day appointed by an order under this section to be an election day in respect of such board.

12 Election of ordinary members.

12.—(1) On every election day in respect of a board for a joint district—

(a) there shall be elected to be ordinary members from amongst their number by the persons who are registered on the qualifying date in the register of producers kept by such board the appropriate number of producer members,

(b) there shall be elected to be ordinary members from amongst their number by the persons who are registered on the qualifying date in the register of retailers kept by such board the appropriate number of retailer members,

(c) if, but only if, the milk (joint district) order which relates to such district declares that such board shall include any wholesaler members, there shall be elected to be ordinary members from amongst their number by the persons who are registered on the qualifying date in the register of wholesalers kept by such board the appropriate number of wholesaler members.

(2) In this section, the expression “the qualifying date” when used in relation to an election required by this section to be held on an election day (including the first election day) means the first day of the month next preceding the month in which such election day falls.

(3) For the purposes of this Part of this Act the producer members, the retailer members and the wholesaler members (if any) of a board shall each constitute a separate class of ordinary members of such board.

13 Method of election of ordinary members.

13.—(1) Each election of each class of ordinary members shall be conducted as and be a separate election.

(2) The Minister shall by order make regulations in relation to the manner in which an election of ordinary members is to be conducted and such other matters relating to such election as he thinks proper.

(3) Every election of ordinary members shall be held and take place under and in accordance with regulations made under this section.

14 Term of office of ordinary members.

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

(a) in case he is elected on the first election day, from the day of entry on office of the first elected members until the day following the next election day,

(b) in case he is elected on any election day (other than the first election day), from the day following his election until the day following the next election day.

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

15 Resignation and disqualification of ordinary members.

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

(2) If and whenever any ordinary member of a board is adjudged bankrupt, or makes a composition or arrangement with his creditors, or is convicted of an offence under any section contained in this Act, or ceases to be ordinarily resident in Saorstát Eireann or ceases to be registered, in case he is a producer member, in the register of producers kept by such board or, in case he is a retailer member, in the register of retailers kept by such board or, in case he is a wholesaler member, in the register of wholesalers kept by such board, he shall be disqualified from holding the office of ordinary member.

16 Filling of casual vacancies amongst members.

16.—(1) Whenever a vacancy (in this section referred to as a casual vacancy) occurs in the membership of a 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, after consultation with such board, such person (being, in case such ordinary member was a producer member, a person registered in the register of producers kept by such board or, in case such ordinary member was a retailer member, a person registered in the register of retailers kept by such board or, in case such ordinary member was a wholesaler member, a person registered in the register of wholesalers kept by such board) as he thinks proper to fill such vacancy.

(2) 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.

17 Temporary substitute for ordinary member.