AGRICULTURAL PRODUCTS (REGULATION OF IMPORT) ACT, 1938

AN ACT TO REGULATE THE IMPORTATION OF AGRICULTURAL AND FISHERY PRODUCTS, AND TO PROVIDE FOR OTHER MATTERS CONNECTED WITH THE MATTERS AFORESAID. [16th May, 1938.]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:—

1 Definitions.

1.—In this Act—

the expression “the Minister” means the Minister for Agriculture; the expression “agricultural product” means—

• (a) any product of agriculture, horticulture or arboriculture,

• (b) any animal,

• (c) milk, cream, and eggs,

• (d) any article of food or drink wholly or partly manufactured or derived from any product of agriculture, horticulture or arboriculture, or from any animal, or from milk, cream or eggs,

• (e) feathers, wool, hides and skins of animals,

but does not include intoxicating liquor;

the expression “fishery product” means—

• (a) any fish,

• (b) any product of fish,

• (c) any article of food or drink wholly or partly manufactured or derived from fish or from any product of fish;

the word “importation” shall be construed as not including importation for the purposes only of transit and consequent exportation, and cognate words shall be construed accordingly.

2 Regulation of importation of agricultural products and fishery products.

2.—(1) The Minister may, whenever and so often as he thinks fit, make an order regulating, in such manner and by such means as he thinks proper, the importation of any agricultural product or fishery product or any specified kind (defined in such manner and by reference to such things as the Minister thinks fit) of any agricultural product or any fishery product, and may without prejudice to the generality of the foregoing provision, by such order, provide for any one or more of the following matters, that is to say:—

• (a) for prohibiting the importation of such product or such kind of such product, either absolutely or subject to such conditions (including conditions as respects description) as the Minister thinks proper and specifies in such order,

• (b) for making specified infringements of such order offences punishable on summary conviction and fixing the penalties for such offences,

• (c) for such other matters as appears to the Minister necessary for securing the due operation and enforcement of the scheme of regulation contained in the order.

• (2) The Minister may by order revoke or amend any order made under this section including this sub-section.

• (3) The Minister shall before making any order under this section consult with the Minister for Finance and the Minister for Industry and Commerce.

• (4) Every order made by the Minister under this section shall have the force of law.

• (5) Every order made by the Minister under this section shall be laid before each House of the Oireachtas as soon as may be after it is made, and if a resolution annulling such order is passed by either such House within the next subsequent twenty-one days on which such House has sat after such order is laid before it, such order shall be annulled accordingly, but without prejudice to the validity of anything previously done under such order.

3 Customs provisions.

3.—(1) Articles prohibited to be imported by an order made under this Act shall be deemed to be included amongst the goods enumerated and described in the Table of Prohibitions and Restrictions Inwards contained in section 42 of the Customs Consolidation Act, 1876, and the provisions of that Act, as amended or extended by any subsequent Act, applying to the importation of prohibited or restricted goods, shall apply accordingly.

• (2) Where any articles are imported in contravention of an order made under this Act, an officer of Customs and Excise may require any person (being the importer or the carrier concerned) to export such articles within a specified time and if such person fails to comply with such requisition he shall be guilty of an offence under this sub-section and shall be liable on summary conviction to a fine of fifty pounds.

• (3) An offence under sub-section (2) of this section may be prosecuted by the Revenue Commissioners.

4 Offences.

4.—(1) Where an offence under any order made under this Act or under sub-section (2) of the immediately preceding section was committed by a body corporate and is proved to have been so committed with the consent or approval of, or to have been facilitated by any neglect on the part of, any director, manager, secretary or other officer of such body corporate, such director, manager, secretary or other officer shall also be deemed to be guilty of such offence and shall be liable to be proceeded against and punished accordingly.

• (2) Any offence under any order made under this Act may be prosecuted by the Minister.

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.

6 Short title.

6.—This Act may be cited as the Agricultural Products (Regulation of Import) Act, 1938.