Pigs and Bacon Act , 1937

PART I. Preliminary and General.

1 Short title and citation.

1.—This Act may be cited as the Pigs and Bacon Act, 1937, and the Principal Act and this Act may be cited together as the Pigs and Bacon Acts, 1935 and 1937.

2 Definitions generally.

2.—In this Act—

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

the expression “the Principal Act” means the Pigs and Bacon Act, 1935 (No. 24 of 1935);

the expressions “licensee”, “licensed premises” and “registered minor curer” have the same meanings as in the Principal Act.

3 Application of section 3 of the Principal Act.

3.—The expression “this Act” in sub-section (1) of section 3 of the Principal Act shall be construed as meaning the Principal Act or this present Act.

4 Cancellation of registration of minor curers and revocation of licences.

4.—(1) Where a registered minor curer is convicted of an offence under any section of this Act, he shall for the purposes of sub-section (2) of section 19 of the Principal Act be deemed to have been convicted of an offence under a section of the Principal Act, and the said sub-section (2) shall be construed and have effect accordingly.

(2) A contravention of any of the provisions of this Act by a licensee shall, for the purposes of section 30 of the Principal Act, be deemed a contravention of a provision of the Principal Act, and the said section 30 shall apply and have effect accordingly.

5 Expenses of the Minister.

5.—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. Amendment of Part II of the Principal Act.

6 Amendment of definition of “preliminary period.”

6.—The definition of the expression “the preliminary period” contained in section 5 of the Principal Act is hereby amended by the deletion of the words “two years” now contained therein and the substitution therefor of the words “one year”, and the Principal Act, and the Principal Act as amended by this Act, shall be construed and have effect accordingly.

7 Amendment of section 14 of the Principal Act.

7.—Sub-section (1) of section 14 of the Principal Act is hereby amended by the substitution of the word “person” for the word “persons” now contained therein, and the said sub-section shall be construed and have effect accordingly.

8 Amendment of section 24 of the Principal Act.

8.—Sub-section (3) of section 24 of the Principal Act is hereby amended in the following respects and shall be construed and have effect accordingly, that is to say:—

(1) by the insertion of the following paragraph in lieu of paragraph (a) now contained therein, that is to say:—

“(a) an application is made, not later than one month after the expiration of the preliminary period, for a licence in respect of any premises, and”;

(2) by the insertion of the following paragraph in lieu of paragraph (c) now contained therein, that is to say:—

“(c) the applicant satisfies the Minister that he manufactured at such premises during not less than forty-five weeks in the preliminary period at least two thousand two hundred hundredweights of bacon,”.

9 Amendment of section 72 of the Principal Act.

9.—The reference in sub-section (1) of section 72 of the Principal Act to the Agricultural Produce (Regulation of Export) Act, 1933 (No. 26 of 1933) shall be construed as a reference to the Agricultural Products (Regulation of Export) Acts, 1933 and 1935.

10 Obligation of licensee to present bacon for examination by veterinary examiners and consequential amendments of the Principal Act.

10.—(1) Where bacon has been produced in licensed premises from carcases which have had applied thereto the marks (in this sub-section referred to as the carcase marks) prescribed by the regulations made under sub-section (1) of section 54 of the Principal Act, and such bacon bears the carcase marks, the licensee in respect of such premises shall, before such bacon is consigned from such premises, present such bacon to a veterinary examiner for examination in accordance with the veterinary examination (bacon) regulations made under sub-section (3) of section 52 of the Principal Act and upon such presentation the following provisions shall have effect, that is to say:—

(a) in case such veterinary examiner is, upon such examination, satisfied that such bacon has been produced in accordance with the regulations for the production of bacon made under section 43 of the Principal Act and that such bacon is fit for human consumption he shall inform the licensee accordingly;

(b) in case such veterinary examiner is upon such examination not so satisfied, he shall effectively remove from such bacon the carcase marks.

(2) If any licensee fails to comply with the provisions of sub-section (1) of this section such licensee shall be guilty of an offence under this section and shall be liable on summary conviction to a fine not exceeding one hundred pounds.

(3) An offence under this section may be prosecuted by or at the suit of the Minister as prosecutor.

(4) The Principal Act is hereby amended in the following respects and shall be construed and have effect accordingly, that is to say:—

(a) by the deletion of sub-sections (2) and (4) of section 54;

(b) by the deletion in sub-section (3) of the said section 54 of the words “or the bacon (as the case may be)”;

(c) by the deletion in sub-section (5) of the said section 54 of the words “or any bacon”;

(d) by the deletion of section 56;

(e) by the deletion in sub-section (1) of section 57 of the Principal Act of the words “to which a veterinary examiner has applied the marks prescribed by the regulations for the marking of bacon” and the substitution for the words so deleted of the words “being bacon which bears the marks prescribed by the regulations for the marking of carcases and which has been found by a veterinary examiner upon examination to have been produced in accordance with the regulations for the production of bacon and to be fit for human consumption,”;

(f) by the deletion in sub-section (3) of the said section 57 of the words “to which the marks prescribed by the regulations for marking bacon have been applied by a veterinary examiner” and the substitution for the words so deleted of the words “being bacon which bears the marks prescribed by the regulations for the marking of carcases and which has been found by a veterinary examiner upon examination to have been produced in accordance with the regulations for the production of bacon and to be fit for human consumption,”;

(g) by the deletion in paragraph (b) of sub-section (1) of section 66 of the words “bacon by veterinary examiners” and the substitution for the words so deleted of the word “carcases”;

(h) by the deletion in paragraph (c) of sub-section (1) of section 71 of the words “a bacon (veterinary examiner's) mark”;

(i) by the deletion in sub-section (4) of the said section 71 of the definition of the expression “bacon (veterinary examiner's) mark” and of the words “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”.

PART III. Amendment of Part III of the Principal Act.

11 Definition for purposes of Part III.

11.—In this Part of this Act the expression “the Board” means the Bacon Marketing Board.

12 Appointed day for purposes of Part III.

12.—(1) The Minister may by order appoint a day to be the appointed day for the purposes of Part III 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 the said Part.

13 Elections of ordinary members of the Bacon Marketing Board to be held biennially in lieu of triennially.

13.—(1) So much of Part III of the Principal Act as provides for the holding of triennial elections of ordinary members and substitutive members of the Board shall cease to have effect, and in lieu thereof it is hereby enacted that biennial elections of ordinary members and substitutive members of the Bacon Marketing Board shall be held and the first of such biennial elections shall be held in the year 1938.

(2) For the purposes of giving full effect to the next preceding sub-section of this section the following provisions shall have effect, that is to say:—

(a) the expression “election year” wherever it occurs in Part III of the Principal Act, shall, in lieu of the meaning assigned to it by sub-section (2) of section 73 of the Principal Act, mean a year which is either—

(i) the year 1936, or

(ii) any year in which an election of ordinary members and substitutive members of the Board is required by sub-section (1) of this section to be held;

(b) sub-section (1) of section 82 of the Principal Act shall be construed and have effect as if in paragraph (b) of the said sub-section the word “two” were substituted for the word “three” now contained in the said paragraph;

(c) sub-section (2) of section 82 of the Principal Act shall be construed and have effect as if in paragraph (b) of the said sub-section the word “two” were substituted for the word “three” now contained in the said paragraph;

(d) sub-section (2) of section 91 of the Principal Act is hereby amended by the substitution of the word “biennial” for the word “triennial” now contained therein, and the Principal Act shall be construed and have effect accordingly.

14 Increase of number of members of the Bacon Marketing Board.

14.—(1) From and after the biennial election (in this section referred to as the next election) of ordinary members of the Board to be held next after the passing of this Act, so much of sub-section (3) of section 74 of the Principal Act as provides that the number of members of the Board shall be eight and the number of ordinary members of the Board shall be seven shall cease to have effect, and in lieu thereof it is hereby enacted that from and after the next election the number of members of the Board shall be nine and the number of ordinary members of the Board shall be eight.

(2) For the purposes of giving full effect to the next preceding sub-section of this section, the following provisions of Part III of the Principal Act shall, from and after the next election, be amended in the following respects and the said Part III shall be construed and have effect accordingly, that is to say:—

(a) by the deletion in sub-section (3) of section 74 of the words “eight” and “seven” and the respective substitution therefor of the words “nine” and “eight”;

(b) by the deletion in sub-sections (2) and (3) of section 77 of the word “seven” wherever it occurs and the substitution therefor in each case of the word “eight”.

15 Amendment of section 92 of the Principal Act.

15.—Sub-section (2) of section 92 of the Principal Act is hereby amended by the deletion therefrom of paragraph (f) (being the paragraph commencing with the words “an order” and ending with the words “production of bacon”), and the said sub-section shall be construed and have effect accordingly.

16 Application of section 92 of the Principal Act to orders made under Part III of this Act.

16.—(1) Sub-section (2) of section 92 of the Principal Act shall apply in respect of the making by the Board of any order (other than an allocation (production quota) order) under this Part of this Act.

(2) Sub-section (3) of section 92 of the Principal Act shall apply in respect of the making by the Board of an allocation (production quota) order under this Part of this Act.

17 Amendment of section 95 of the Principal Act.

17.—(1) Sub-section (1) of section 95 of the Principal Act is hereby amended by the substitution of the word “six” for the word “three” now contained therein, and the said sub-section shall be construed and have effect accordingly.

(2) The expression “this Part of this Act” in sub-section (2) of section 95 of the principal Act shall be construed as meaning Part III of the Principal Act or this Part of this Act.

18 Application of section 97 of the Principal Act.

18.—The expression “this Part of this Act” where it occurs in sub-sections (2), (3), (4) and (5) of section 97 of the Principal Act shall be construed as meaning Part III of the Principal Act or this Part of this Act.

19 Amendment of section 98 of the Principal Act.

19.—Sub-section (2) of section 98 of the Principal Act is hereby amended by the substitution of the words “the last day of a production period or, if the last day of a production period is either a Saturday or a Sunday, the last Friday in such production period,” for the words “one week before the end of a production period,” now contained therein, and the said sub-section shall be construed and have effect accordingly.

20 Cesser of sections 99, 100, and 101 of the Principal Act.

20.—(1) The Board shall not, on or after the appointed day, make any order under sub-section (1) of section 99 of the Principal Act.

(2) Sections 100 and 101 of the Principal Act shall cease to apply in respect of any production period commencing on or after the appointed day.

21 Production sub-quotas for licensed premises.

21.—(1) Whenever the Board on or after the appointed day 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 (bacon 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, subject to the provisions of the next following section, be construed as references to the portion of the production quota in respect of such production period allotted to such premises by an allocation (bacon production quota) order.

(2) In making an allocation (bacon production quota) order, the Board shall so allot the production quota to which such order relates as to ensure that the quantity of bacon allotted thereunder to any licensed premises will not, if taken in terms of a monthly rate, be less than three hundred hundredweights per month.

(3) Where the Minister has granted, on or after the appointed day, a licence in respect of any premises, he may, on any occasion, during the period of fourteen months commencing on the date of such licence, on which the Board makes an allocation (bacon production quota) order, request the Board in making such order to allot by such order to such premises in case such, premises are licensed in pursuance of sub-section (3) of section 24 of the Principal Act, a sub-quota equal to the smallest sub-quota to be allotted by such order or, in any other case, a specified proportion of the production quota in respect of the production period to which such order relates, and the Board shall comply with any such request.

(4) In allotting under an allocation (bacon production quota) order a portion of the production quota in respect of a particular production period to any licensed premises, the Board shall, subject to the provisions of the two immediately preceding sub-sections, have regard to—

(a) the obligations of the licensee in respect of such premises under any order made by the Minister under section 2 of the Agricultural Products (Regulation of Export) Act, 1933 (No. 26 of 1933), as amended by the Agricultural Products (Regulation of Export) (Amendment) Act, 1935 (No. 15 of 1935), and

(b) in case such allocation (bacon production quota) order relates to the production quota in respect of any production period commencing on or after the appointed day, the quantity of bacon (being bacon produced on such licensed premises) consigned (other than by way of export) on sale by such licensee during the calendar year next preceding the year in which such allocation (bacon production quota) order is made, and

(c) in case such allocation (bacon production quota) order relates to the production quota in respect of any production period commencing on or after the appointed day, the quantity of bacon (being bacon produced on such licensed premises) lawfully consigned by way of export on sale by such licensee to any country other than Great Britain or Northern Ireland during the calendar year next preceding the year in which such allocation (bacon production quota) order is made, and

(d) the extent (if any) to or by which the quantity of bacon produced on such premises during any previous production period was less or greater than the production sub-quota for such premises in respect of such production period.

(5) Whenever on or after the appointed day the Board makes an allocation (bacon production quota) order in respect of a particular production period, the following provisions shall have effect, that is to say:—

(a) the Board shall make in respect of each licensed premises a certificate (in this Part of this Act referred to as a production sub-quota certificate) certifying the quantity of bacon which has been allotted to such premises by such order and the production period to which such order relates, and such certificate shall be conclusive evidence of the matters so certified;

(b) the Board shall, not later than the second day of such production period, cause a copy of such certificate to be served on the licensee in respect of such premises.

(6) The Board may, on the joint application of the holder of a licence in respect of particular premises and the holder of a licence in respect of other premises, transfer from such first-mentioned premises to such other premises the whole or any part of the production sub-quota for such first-mentioned premises in respect of a particular production period, and thereupon the production sub-quota for such first-mentioned premises in respect of such production period and the production sub-quota for such other premises in respect of such production period shall, for the purposes of this Part of this Act, be deemed to have been respectively decreased and increased accordingly.

22 Increase of production quotas and consequential increase of production sub-quotas.