No. 4/1931:

SEA FISHERIES ACT, 1931

ARRANGEMENT OF SECTIONS

PART I PRELIMINARY

1 Definitions.

PART II PROVISIONS IN RELATION TO THE SOCIETY

2 Transfer of certain property to the Society.

3 Breach of certain contracts by members of the Society.

PART III LICENCES TO SELL FRESH FISH

4 District to which this Part of this Act applies.

5 Fish sales licences.

6 Duration of licences.

7 Fees on licences.

8 Breach of statutory condition.

9 Prohibition of sale of fresh fish without licence.

10 Register of licences.

11 Evidence of.

PART IV RETAIL FISH SHOPS

12 Conditions of suitability and cleanliness of retail fish shops.

13 Conditions of sale of fish in retail shops.

14 Powers of inspector.

15 Saving of powers of Minister for Local Government and Public Health.

PART V MISCELLANEOUS

16 Prosecution of offences.

17 Regulations.

18 Expenses.

19 Short title.

AN ACT TO MAKE PROVISION FOR THE APPLICATION AND ADMINISTRATION FOR THE BENEFIT OF THE SEA-FISHING INDUSTRY OF SAORSTÁT EIREANN OF CERTAIN PROPERTY NOW VESTED IN THE MINISTER FOR LANDS AND FISHERIES AND TO MAKE FURTHER AND BETTER PROVISION GENERALLY IN RELATION TO THE SAID INDUSTRY.

[24th March, 1931.]

BE IT ENACTED BY THE OIREACHTAS OF SAORSTÁT EIREANN AS FOLLOWS:—

PART I PRELIMINARY

1.—In this Act—

the expression "the Minister" means the Minister for Lands and Fisheries;

the expression "the Society" means the society registered under the Industrial and Provident Societies Acts, 1893 to 1913, under the name or title of "the Sea Fisheries Association of Saorstát Eireann, Limited";

the word "sea-fishing" means fishing in waters other than inland waters;

the expression "sea-fishing boat" includes any vessel used for sea-fishing;

the word "fish" includes "shell-fish";

the expression "fresh fish" means fish which has not been salted, smoked, cured, or otherwise artificially preserved, but includes fish which has been preserved solely by refrigeration and also includes shell-fish which has been cooked by boiling;

the word "fish-slab" means a shelf, slab or table used for the display of fish offered or kept for sale;

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

PART II PROVISIONS IN RELATION TO THE SOCIETY

2.—(1) The Minister may, from time to time by order, made with the consent of the Minister for Finance, vest in the Society upon such terms and conditions as may be mentioned in such order—

( a ) any sea-fishing boats or any chattels used in connection with sea-fishing which are for the time being vested in the Minister by statute, deed, contract or otherwise;

( b ) any moneys for the time being due to the Minister in respect of loans made for the purchase of sea-fishing boats or of chattels used in connection with sea-fishing and any securities held by the Minister in respect of such moneys.

(2) Any property vested in the Society by an order made under this section shall, under and by virtue of such order and without the necessity for any other conveyance or assignment whatsoever but subject in the case of registered sea-fishing boats to registration in the register of shipping, become and be vested in the Society for all the estate, term and interest or respective estates, terms, and interests for which the same were immediately before such order vested in or held by the Minister but subject to such (if any) trusts and equities as shall affect the said property at the time of the making such order and be then legally subsisting and capable of taking effect.

(3) Every chose-in-action vested in the Society by an order made under this section may be sued upon, recovered, or enforced by the Society in its own name and it shall not be necessary for the Society to give notice to the person bound by such chose-in-action of the vesting effected by such order.

3.—Where the Society has supplied to any member thereof or has repaired or renovated for any such member any sea-fishing boat or any equipment or appliance for a sea-fishing boat or any fishing nets and a contract has been entered into between the Society and such member whereby such member agrees with the Society to pay to the Society in a particular manner specified in such contract the cost of such supply or repair or renovation and such member does any act, whether of commission or omission, which is a contravention of such agreement, such member shall be guilty of an offence under this section and shall (without prejudice to any civil proceedings in respect of such act) be liable on summary conviction thereof in the case of a first offence to a fine not exceeding twenty pounds and in the case of a second or any subsequent offence to a fine not exceeding sixty pounds.

PART III LICENCES TO SELL FRESH FISH

4.—(1) The Minister may by order declare that any specified area in Saorstát Éireann shall as on and from the date stated in that behalf in such order be a district to which this Part of this Act applies and thereupon such area shall, as on and from such day and so long as such order remains in force, be a district to which this Part of this Act applies.

(2) The Minister may at any time by order revoke or amend an order made under the foregoing sub-section of this section.

(3) 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 is passed by either such House within the next subsequent twenty-one days on which that House has sat annulling such order, such order shall be annulled accordingly, but without prejudice to the validity of anything previously done under such order.

5.—(1) The Minister may grant a licence (in this Part of this Act referred to as a fish sales licence) to sell by auction fresh fish or to act as agent for the sale by wholesale of fresh fish or to do both those things to any person who—

( a ) applies in the prescribed form and manner to the Minister for such licence, and

( b ) satisfies the Minister that he is a fit and proper person to hold a fish sales licence, and

( c ) is not an undischarged bankrupt, and

( d ) is not employed, engaged or otherwise concerned in the sea-fishing industry.

(2) Every fish sales licence shall—

( a ) be in the prescribed form, and

( b ) be expressed and operate to licence the person to whom it is granted to sell by auction fresh fish and to act as agent for the sale by wholesale of fresh fish, and

( c ) shall be and be expressed to be granted subject to the condition (in this Part of this Act referred to as the statutory condition) that the holder thereof shall not while such licence remains in force be concerned, save under and in accordance with such licence, either directly or indirectly in any transaction relating to the purchase or sale of fresh fish.

(3) The holding of a fish sales licence shall not relieve the holder thereof from the obligation to hold an excise licence to act as an auctioneer in any case in which he would have been subject to such obligation if this Act had not been passed.

6.—Every fish sales licence shall, unless sooner revoked under this Part of this Act, remain in force for one year from the date thereof and shall then expire.

7.—There shall be paid on the grant of every fish sales licence such fee as may be required by law and the payment of such fee shall be a condition precedent to the grant of such licence.

8.—(1) If any person being the holder of a fish sales licence fails to comply with the statutory condition such person shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding twenty pounds.

(2) Where a person is convicted of an offence under this section the Minister may revoke the fish sales licence held by such person.

9.—(1) Subject to the provisions of this section, it shall not be lawful for any person in any district to which this Part of this Act applies to sell by auction any fresh fish or to act as agent for the sale by wholesale of any fresh fish unless he holds a fish sales licence for the time being in force.

(2) Every person who acts in contravention of this section shall be guilty of an offence under this section and shall be liable on summary conviction thereof in the case of a first offence to a fine not exceeding ten pounds and in the case of a second or any subsequent offence to a fine not exceeding twenty pounds.

(3) This section shall not apply to any person who is for the time being a duly authorised agent or representative of the Society.

10.—(1) The Minister shall cause to be kept a register to be called and known as the register of fish sales licences in which there shall be entered particulars of all fish sales licences granted under this Part of this Act.

(2) Any person may inspect the register of fish sales licences on payment of such fee, not exceeding one shilling, as shall be prescribed.

11.—A certificate purporting to be under the hand of an officer of the Minister authorised in that behalf by the Minister and certifying that a person named in such certificate was not the holder of a fish sales licence on a specified date or during a specified period shall until the contrary is proved be evidence of the facts so certified and it shall not be necessary to prove the signature of such officer or that he was in fact such officer or was so authorised.

PART IV RETAIL FISH SHOPS

12.—(1) It shall not be lawful for any person to carry on in any premises the business of selling fresh fish by retail unless such premises comply with the following conditions (in this Act referred to as the conditions of suitability and cleanliness) that is to say:—

( a ) such premises and the equipment, fittings and appliances therein are in a state of cleanliness, and

( b ) there is available on such premises such adequate supply of good and wholesome water as may be reasonably necessary, and

( c ) such premises are provided with a fish-slab, and

( d ) every shelf, slab or table used as a fish-slab or for cutting, skinning or filleting fish is so situated and fitted as to exclude all contamination, and

( e ) such premises are provided with a container so situated and fitted as to exclude all contamination.

(2) if any person carries on the business of selling fresh fish by retail in any premises which do not comply with all the conditions of suitability and cleanliness he shall be guilty of an offence under this section and shall be liable on summary conviction thereof, in the case of a first offence, to a fine not exceeding five pounds and, in the case of a second or any subsequent offence, to a fine not exceeding twenty-five pounds.

13.—(1) It shall not be lawful for any person to offer or have for sale in any premises in which the business of selling fresh fish by retail is carried on any fresh fish unless at the time at which such fish is so offered or had for sale all the following conditions are complied with, that is to say:—

( a ) all fresh fish on such premises which is offered or intended for sale and is displayed for sale is so displayed either by being so hung up as to be removed from all sources of contamination or by being set out on a fish-slab so situated and fitted as to exclude all contamination, and

( b ) all fresh fish on such premises which is offered or intended for sale and is not displayed for sale is kept in a container which is used exclusively for the storage of fresh fish and is so situated and fitted as to exclude all contamination, and

( c ) there are not at any time on any day in such premises any offals removed from fish on any previous day.

(2) If any person offers or has for sale in any premises any fresh fish in contravention of this section such person shall be guilty of an offence under this section and shall be liable on summary conviction thereof, in the case of a first offence to a fine not exceeding five pounds, and in the case of a second or any subsequent offence to a fine not exceeding twenty-five pounds.

14.—(1) An inspector shall be entitled at all reasonable times to enter upon any premises in which the business of selling fresh fish by retail is carried on and to make such inspection therein as may be necessary to satisfy him that the provisions of this Part of this Act in respect of such premises are being complied with.

(2) Every person who obstructs or impedes any inspector in the exercise of any of the powers conferred on him by this section shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding five pounds.

(3) In this section the word "inspector" includes any person authorised in writing (either generally or for a special purpose) by the Minister to exercise all or any of the powers and perform all or any of the duties conferred or imposed on an inspector by this section.

15.—Nothing in this Part of this Act shall restrict or limit the exercise by the Minister for Local Government and Public Health of the powers conferred on him by the Public Health (Regulations as to Food) Act, 1907.

PART V MISCELLANEOUS

16.—(1) Proceedings for an offence under this Act shall not be instituted except by or with the consent of the Minister.

(2) Every offence under this Act may be prosecuted by or at the suit of the Minister as prosecutor.

17.—(1) The Minister may by order make regulations in relation to any matter or thing referred to in this Act as prescribed or to be prescribed.

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

18.—(1) All expenses incurred in carrying this Act into effect shall, to such extent as shall be sanctioned by the Minister for Finance, be paid out of moneys provided by the Oireachtas.

(2) All fees received by the Minister under this Act shall be paid into or disposed for the benefit of the Exchequer in such manner as the Minister for Finance shall direct.

19.—This Act may be cited as the Sea Fisheries Act, 1931 .