PIGS AND BACON ACT, 1937

• (a) by the insertion in sub-section (1) of the said section of the words “in one or more counties or, if authorised by the Minister, in a particular case in a particular area” after the words “bacon trade”;

• (b) by the substitution in sub-section (2) of the said section of the following paragraph for paragraph (c) now contained therein, that is to say:—

• “(c) dispose of such pigs or any of them in such manner as the Board think fit.”

66 Weekly returns by licensees of proposed slaughtering of pigs.

66.—(1) The Board may, whenever and so often as it thinks fit, cause to be served on the licensee in respect of any licensed premises a notice in writing (in this section referred to as a returns notice) requiring such licensee to make, until the Board otherwise directs, in respect of the week (which shall not be a week commencing earlier than the twenty-first day after the date of the passing of this Act) specified in such notice and each subsequent week, not later than seven days before such week, a return stating the number of pigs he proposes to slaughter in such premises during such week, and references in this Part of this Act to the slaughtering quota in respect of any licensed premises for any week shall be construed as references to the number of pigs specified in a return made in pursuance of a returns notice, by the licensee in respect of such premises as the number proposed to be slaughtered in such premises during such week.

• (2) If any licensee in respect of licensed premises on whom a returns notice is served—

• (a) fails, refuses or neglects to make any return in accordance with such notice, or

• (b) slaughters, except with the previous consent of the Board, at such licensed premises in any week a number of pigs in excess of the slaughtering quota in respect of such premises for such week,

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.

67 Tenders of pigs by producers.

67.—Any person may, not later than ten days before any week commencing after the twenty-first day after the passing of this Act, send to the Board a notice in writing (in this Part of this Act referred to as a producer's tender) stating that he is able and willing to sell and deliver during such week the number of pigs (being pigs in his possession and at his own premises for at least four weeks before the date of such notice) set out in such notice.

68 Sale orders.

68.—(1) Whenever the Board receives from any person a producer's tender stating that he is able and willing to deliver, during the week to which such tender relates, the number (in this section referred to as the number tendered) of pigs set out in such tender, the following provisions shall have effect, that is to say:—

• (a) the Chairman of the Board may make an order (in this section referred to as the said order) requiring—

• (i) such person (in this section referred to as the vendor) to sell and deliver to the licensee of specified licensed premises (in this section referred to as the purchaser), at such premises and on such day or days during such week as the purchaser may direct, a specified number (not exceeding the number tendered less such number of pigs as the vendor may be required to sell and deliver by another order under this section previously made in relation to such week, nor exceeding the slaughtering quota in respect of such premises for such week less such number of pigs as the purchaser may be required to purchase and take delivery of at such premises by another order under this section previously made in relation to such week) of pigs, being pigs in the possession and at the premises of the vendor for at least four weeks before the date of such producer's tender, and

• (ii) the purchaser to purchase and take delivery at such premises during such week of the said specified number of pigs;

• (b) on the making of the said order the Chairman of the Board may cause a copy thereof to be served on each of them, the vendor and the purchaser, not later than four days before the commencement of such week;

• (c) on the due service of a copy of the said order upon each of them, the vendor and the purchaser, the following provisions shall have effect:—

• (i) the vendor and the purchaser shall be deemed to have entered into a contract in terms of the requirements of the said order,

• (ii) if the requirements of the said order are not complied with, the vendor and purchaser shall each be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding fifty pounds,

• (iii) it shall be a good defence in any proceedings for an offence under this section against the vendor to prove that non-compliance with the said order was due to the acts or default of the purchaser,

• (iv) it shall be a good defence in any proceedings under this section against the purchaser to prove that non-compliance with the said order was due to the acts or default of the vendor.

• (2) More than one order in relation to any one week may be made under this section in respect of—

• (a) a person who has sent a producer's tender to the Board in relation to such week, or

• (b) the licensee of licensed premises.

• (3) Every pig sold and delivered under an order made under this section shall be so sold and delivered upon terms that the price of such pig is to be determined after slaughter.

69 Hypothetical price orders.

69.—(1) The Board may, whenever and so often as it thinks fit, by order (in this Part of this Act referred to as a hypothetical price order) do all or any of the following things, that is to say:—

• (a) in respect of any class of non-factory-purchased pigs, fix (in terms of a rate per hundredweight) the price (in this Act referred to as the hypothetical price) which, in the opinion of the Board, would, under normal conditions, be then the proper price thereof;

• (b) in respect of any grade of any graded class of carcases of factory-purchased pigs, fix (in terms of a rate per hundredweight) the price (in this Act referred to as the hypothetical price) which, in the opinion of the Board, would, under normal conditions, be then the proper price thereof;

• (c) in respect of any non-graded class of carcases of factory-purchased pigs, fix (in terms of a rate per hundredweight) the price (in this Act referred to as the hypothetical price) which, in the opinion of the Board, would, under normal conditions be then the proper price thereof;

• (d) in respect of any class of carcases of non-factory-purchased pigs, fix (in terms of a rate per hundredweight) the price (in this Act referred to as the hypothetical price) which, in the opinion of the Board, would, under normal conditions, be then the proper price thereof.

• (2) The Board may by order revoke any hypothetical price order.

• (3) Every hypothetical price order shall cease to be in force upon the happening of whichever of the following events first happens after the day on which such order is made—

• (a) the revocation of such order;

• (b) the coming into force of either an appointed price order or an appointed price (amending) order.

70 Levies payable by licensees and registered minor curers.

70.—(1) Whenever—

• (a) the Board has made a hypothetical price order fixing, in respect of any class of pigs, the hypothetical price thereof, and

• (b) the appointed price for pigs of that class for the period during which such hypothetical price order is in force is less than the said hypothetical price in respect of pigs of that class,

each person, who during such period or any part thereof was either a licensee or a registered minor curer shall at the expiration of such period pay to the Board, in respect of all pigs of that class purchased by him during such period, a levy calculated by reference to the weight of the carcases of such pigs and a price equal to the difference between the said appointed price and the said hypothetical price.

In this sub-section the word “pigs” means non-factory-purchased pigs.

• (2) Whenever—

• (a) the Board has made a hypothetical price order fixing, in respect of any grade of any graded class of carcases, the hypothetical price thereof, and

• (b) the appointed price for carcases of that grade of that class for the period during which such hypothetical price order is in force is less than the said hypothetical price in respect of that grade of that class of carcases,

each person, who during such period or any part thereof was either a licensee or a registered minor curer, shall at the expiration of such period pay to the Board, in respect of all factory-purchased pigs purchased by him during such period, the carcases of which were carcases of that grade of that class, a levy calculated by reference to the weight of the carcases of such pigs and a price equal to the difference between the said appointed price and the said hypothetical price.

In this sub-section the word “carcases” means carcases of factory-purchased pigs.

• (3) Whenever—

• (a) the Board has made a hypothetical price order fixing, in respect of any non-graded class of carcases, the hypothetical price thereof, and

• (b) the appointed price for carcases of that class for the period during which such hypothetical price order is in force is less than the said hypothetical price in respect of that class of carcases,

each person, who during such period or any part thereof was either a licensee or a registered minor curer, shall at the expiration of such period pay to the Board, in respect of all factory-purchased pigs purchased by him during such period, the carcases of which were carcases of that class, a levy calculated by reference to the weight of such carcases and a price equal to the difference between the said appointed price and the said hypothetical price.

In this sub-section the word “carcases” means carcases of factory-purchased pigs.

• (4) Whenever—

• (a) the Board has made a hypothetical price order fixing, in respect of any class of carcases, the hypothetical price thereof, and

• (b) the appointed price for carcases of that class for the period during which such hypothetical price order is in force is less than the said hypothetical price of that class of carcases,

each person, who during such period or any part thereof was a registered minor curer, shall at the expiration of such period pay to the Board, in respect of all carcases of that class purchased by him during such period, a levy calculated by reference to the weight of such carcases and a price equal to the difference between the said appointed price and the said hypothetical price.

In this sub-section the word “carcases” means carcases of non-factory-purchased pigs.

• (5) Where any person is liable under this section to pay to the Board at the expiration of any period any levy the Board shall as soon as may be after the expiration of such period ascertain the amount thereof, and make in respect of such person a certificate certifying that the said amount is payable by such person in respect of such period and serve a copy of such certificate on such person, and upon such service such amount shall be a debt due and payable by such person to the Board, and may be recovered as a simple contract debt in any court of competent jurisdiction.

• (6) Moneys received by the Board under this section shall be used for no purpose other than the making of payments under the next following section.

• (7) In this section the expression “appointed price” means the price fixed by an appointed price order.

71 Payments to licensees and registered minor curers in respect of bacon.

71.—(1) The Board may, at the expiration of any period, commencing on or after the appointed day, which the Board may from time to time appoint for the purposes of this section, pay, out of the Pigs Marketing Fund, to each person, who during such period or any part thereof was a licensee or a registered minor curer, in respect of any bacon (being bacon produced by him) which, during such period, was either sold in Saorstát Eireann or exported a sum calculated by reference to the weight of such bacon and at such rate as the Board thinks proper.

• (2) Where the Board is authorised under this section to make payments in respect of bacon, the Board may for the purposes of making such payments fix different rates in respect of different grades of bacon, and in respect of bacon which is exported, and bacon which is not exported, and may in respect of bacon which is exported fix different rates in respect of different countries.

• (3) Notwithstanding anything contained in sub-section (6) of section 147 of the Principal Act, moneys received under the said section 147 may be used by the Board for the purposes of making payments under this present section.

72 Amendment of section 147 of the Principal Act.

72.—(1) Section 147 of 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 in each provision of the said section 147 to which this present section applies of the words “exceeds the hypothetical price” and the substitution therefor of the words “differs from the hypothetical price”;

• (b) by the deletion in each such provision of all words now contained therein after the words “the Board thinks proper”.

• (2) This section applies to each of the following provisions of section 147 of the Principal Act namely:—

• (a) paragraph (c) of sub-section (1);

• (b) paragraph (c) of sub-section (2);

• (c) paragraph (c) of sub-section (3);

• (d) paragraph (c) of sub-section (4).

• (3) This section shall have effect as on and from the date of the passing of the Principal Act.

73 Amendment of section 148 of the Principal Act.

73.—Sub-section (1) of section 148 of the Principal Act is hereby amended by the insertion at the end thereof of the words “and may finance or contribute to the costs of schemes for the improvement of pigs either generally or in particular districts”, and the Principal Act shall be construed and have effect accordingly.

74 Amendment of section 149 of the Principal Act.

74.—Sub-section (1) of section 149 of the Principal Act is hereby amended by the substitution of the words “or any premises registered in the register of minor curers, and to inspect all pigs, carcases and bacon in such premises and to observe and examine any process carried on in such premises,” for the words “and to inspect all pigs, carcases and bacon in such premises” and the said section shall be construed and have effect accordingly.

75 Amendment of section 153 of the Principal Act.

75.—Section 153 of the Principal Act is hereby amended by the deletion of the words “by order”, and Part IV of the Principal Act shall be construed and have effect accordingly.

76 Application of section 154 of the Principal Act.

76.—The expression “this Part of this Act” where it occurs in section 154 of the Principal Act shall be construed as meaning Part IV of the Principal Act or this Part of this Act.

77 Validity of orders of the Pigs Marketing Board.

77.—The making of an order by the Board under Part IV of the Principal Act or under this Part of this Act shall be prima facie evidence that such order was validly made in all respects.

78 Evidence.

78.—(1) In any legal proceedings by or against the Board the production of a document purporting to be a copy of an instrument made by the Board or the Chairman of the Board or of any extract from any such instrument or of any resolution passed by the Board or of any minutes or part of the minutes of the Board and to be certified to be a true copy by the Chairman of the Board or the Secretary of the Board shall be sufficient evidence of such instrument, extract, minutes, or part of minutes, and no proof shall be required of the handwriting or official position of the person certifying the same.

In this sub-section the word “instrument” includes any order, regulations, certificate or other document of whatsoever kind.

• (2) A certificate purporting to be under the hand of the Secretary of the Board certifying that a person named in such certificate was during a specified period a licensee or certifying that a person named in such certificate was during a specified period a registered minor curer shall be prima facie evidence of the matters so certified, and it shall not be necessary to prove the signature of such secretary or that he was in fact such secretary.

• (3) In any proceedings under Part IV of the Principal Act, or this Part of this Act against a person who is or was a licensee or a registered minor curer prima facie evidence of all or any matters contained in a return made by or on behalf of such licensee or registered minor curer in pursuance of section 112 of the Principal Act may be given by the production of such return.

• (4) In any proceedings under section 112 of the Principal Act against a person who is or was a licensee or a registered minor curer for failure or refusal to make a return required by regulations made under the said section, a certificate purporting to be signed by the Secretary of the Board to certify that such licensee or registered minor curer has failed or refused to make such return shall be prima facie evidence of the facts so certified.