No. 16/1938:

AGRICULTURAL PRODUCE (CEREALS) ACT, 1938

ARRANGEMENT OF SECTIONS

PART I PRELIMINARY AND GENERAL

1 Short title and citation.

2 Interpretation.

3 Application of Customs Acts.

4 Laying of orders before Houses of the Oireachtas.

5 Expenses.

6 Repeals.

PART II RESTRICTION ON IMPORTATION OF FLOUR, WHEATEN MEAL AND WHEATEN PREPARATIONS

7 The Minister for purposes of Part II.

8 Prosecution of offences under Part II.

9 Restriction on importation of flour and wheaten meal.

10 Restriction on importation of wheaten preparations.

11 Import licence under Part II.

12 Export of articles imported in contravention of Part II.

PART III RESTRICTION ON IMPORTATION OF WHEAT, MAIZE AND CERTAIN FEEDING STUFFS AND ON THE EXPORTATION OF CERTAIN FEEDING STUFFS

CHAPTER I Preliminary and General

13 Definition for purposes of Part III.

14 Prosecutions under Part III.

CHAPTER II Restriction on Importation of Wheat, Maize and Certain Feeding stuffs

15 Restriction on importation of wheat.

16 Restriction on importation of maize.

17 Restriction on importation of oats, hay and straw.

18 Exempted feeding stuffs.

19 Scheduled feeding stuffs.

20 Restriction on importation of scheduled feeding stuffs.

21 Import licences under Chapter II of Part III.

22 Export of articles imported in contravention of Part III.

CHAPTER III Restriction on Exportation of Certain Feeding Stuffs

23 Feeding stuffs, for purposes of Chapter III of Part III.

24 Orders prohibiting export of feeding stuffs.

25 Offences.

26 Export Licences.

FIRST SCHEDULE

SECOND SCHEDULE

THIRD SCHEDULE

FOURTH SCHEDULE

AN ACT TO CONSOLIDATE WITH AMENDMENTS THE PROVISIONS OF THE AGRICULTURAL PRODUCE (CEREALS) ACTS, 1933 TO 1937, RELATING TO THE IMPORTATION OF FLOUR, WHEATEN MEAL, WHEATEN PREPARATIONS, WHEAT, MAIZE AND CERTAIN FEEDING STUFFS AND TO THE EXPORTATION OF CERTAIN FEEDING STUFFS.

[16th May, 1938.]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:—

PART I PRELIMINARY AND GENERAL

1.—(1) This Act may be cited as the Agricultural Produce (Cereals) Act, 1938 .

(2) The Agricultural Produce (Cereals) Acts, 1933 to 1937, and this Act may be cited together as the Agricultural Produce (Cereals) Acts, 1933 to 1938.

2.—The Agricultural Produce (Cereals) Acts, 1933 to 1937, and this Act shall be construed together and accordingly every word and expression to which a particular meaning is given by or in those Acts for the purposes of those Acts has, in this Act, the meaning so given to it.

3.—Articles prohibited to be imported by of this Act shall be deemed to be included among 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.

4.—Every order made by the Minister for Industry and Commerce or the Minister for Agriculture wider this Act 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.

5.—All expenses incurred by the Minister for Industry and Commerce or the Minister for Agriculture 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.—The enactments set out in the second column of the First Schedule to this Act are hereby repealed to the extent mentioned in the third column of the said Schedule.

PART II RESTRICTION ON IMPORTATION OF FLOUR, WHEATEN MEAL AND WHEATEN PREPARATIONS

7.—In this Part of this Act the expression "the Minister" means the Minister for Industry and Commerce.

8.—An offence under any section (other than section 12) contained in this Part of this Act may be prosecuted by the Minister.

9.—(1) It shall not be lawful for any person to import any flour or wheaten meal unless such flour or wheaten meal is imported under and in accordance with a licence in that behalf granted by the Minister under this Part of this Act.

(2) If any Person acts in contravention of this section such person shall be guilty of an offence under this section and shall be liable on summary conviction thereof to the penalties mentioned in the Second Schedule to this Act.

10.—(1) Subject to the provisions of this section it shall not be lawful for any person to import any commodity in the preparation of which wheat or any product of wheat is used unless—

( a ) such commodity is imported under and in accordance with a licence in that behalf granted by the Minister under this Part of this Act, or

( b ) such commodity is less than five pounds in weight and ten shillings in value, and it either is imported as private effects in passenger's baggage or is imported by parcels post and shown to the satisfaction of the Revenue Commissioners to have been sent by a person who is not a trader dealing in such commodity and to be intended as a gift for the personal use of the person to whom it is addressed.

(2) The Minister may, whenever and so often as he thinks fit, make an order under this sub-section exempting from the operation of sub-section (1) of this section any particular kind (defined in such manner and by reference to such things as the Minister thinks proper) of any commodity in the preparation of which wheat or any product of wheat is used, and whenever any such order is made then, so long as such order is in force, the said sub-section (1) shall have effect in accordance with the terms of such order.

(3) The Minister may by order under this sub-section revoke any order made under sub-section (2) of this section.

(4) If any person acts in contravention of this section such person shall be guilty of an offence, under this section and shall be liable on summary conviction thereof to the penalties mentioned in the Second Schedule to this Act.

11.—(1) The Minister may by licence authorise any person, subject to compliance with such conditions as he thinks fit to impose, to import any article, the importation of which is declared by any section contained in this Part of this Act to be unlawful unless imported under and in accordance with a licence granted by the Minister under this Part of this Act, either, as the Minister thinks proper, without limit as to time or quantity, or either of them or within a specified time, or in a specified quantity.

(2) The Minister may at any time revoke any licence granted by him under this section.

12.—(1) Where any articles are imported in contravention of this Part of 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 section and shall be liable on summary conviction thereof to a fine of fifty pounds.

(2) An offence under this section may be prosecuted by the Revenue Commissioners.

PART III RESTRICTION ON IMPORTATION OF WHEAT, MAIZE AND CERTAIN FEEDING STUFFS AND ON THE EXPORTATION OF CERTAIN FEEDING STUFFS

CHAPTER I Preliminary and General

13.—In this Part of this Act the expression "the Minister" means the Minister for Agriculture.

14.—Any offence under any section (other than section 22) contained in this Part of this Act may be prosecuted by the Minister.

CHAPTER II Restriction on Importation of Wheat, Maize and Certain Feeding stuffs

15.—(1) It shall not be lawful for any person to import wheat unless—

( a ) (i) such person is a registered wheat importer, and

(ii) such wheat is imported under and in accordance with a licence in that behalf granted by the Minister under this Part of this Act, or

( b ) such person is the Minister for Industry and Commerce, or

( c ) such wheat is imported under and in accordance with a permit in that behalf granted by the Minister under this section.

(2) If any person acts in contravention of this section such person shall be guilty of an offence under this section and shall be liable on summary conviction thereof to the penalties mentioned in the second Schedule to this Act.

(3) Where the Minister is satisfied that any wheat is intended solely for sale or use as seed, he may by permit authorise any person, who is not a registered wheat importer, to import such wheat.

(4) Where the Minister issues a permit under this section he may attach to such permit any one or more of the following conditions, that is to say:—

( a ) a condition that the wheat to which such permit relates shall be imported within a specified period,

( b ) a condition that such wheat shall be imported from a specified country,

( c ) a condition that such wheat shall be the produce of a specified country,

( d ) a condition that such wheat shall be imported at a specified port or place or by a specified route,

( e ) a condition that such wheat shall not be imported in more than a specified number of consignments,

( f ) such other conditions as he thinks fit.

16.—(1) It shall not be lawful for any person to import any maize unless—

( a ) such person is a registered maize importer, and

( b ) such maize is imported under and in accordance with a licence in that behalf granted by the Minister under this Part of this Act.

(2) If any person acts in contravention of this section such person shall be guilty of an offence under this section and shall be liable on summary conviction thereof to the penalties mentioned in the Second Schedule to this Act.

17.—(1) Subject to the provisions of this section, it shall not be lawful for any person to import any oats, hay or straw (excluding hay or straw used as a packing material and imported with the goods for the packing of which it is used) unless under and in accordance with a licence in that behalf granted by the Minister under this Part of this Act,

(2) If any person acts in contravention of this section such person shall be guilty of an offence under this section and shall be liable on summary conviction thereof to the penalties mentioned in the Second Schedule to this Act.

(3) Nothing in this section shall be construed as rendering it lawful to import any hay or straw used as packing material, the importation of which is prohibited by any order made under the Diseases of Animals (Ireland) Acts, 1894 to 1935.

18.—(1) Each of the following articles shall be an exempted feeding stuff for the purposes of the Fourth Schedule to this Act, that is to say:—

( a ) subject to the operation of an order made by the Minister under sub-section (2) of this section, any article specified in the Third Schedule to this Act,

( b ) any article declared by an order made by the Minister under sub-section (3) of this section and for the time being in force to be an exempted feeding stuff for the purposes of the Fourth Schedule to this Act.

(2) The Minister may, whenever and so often as he thinks fit, by order under this sub-section declare that any article specified in the Third Schedule to this Act shall cease to be an exempted feeding stuff for the purposes of the Fourth Schedule to this Act and upon the coming into force of such order such article shall, so long as such order remains in force, cease to be an exempted feeding stuff for the said purposes.

(3) The Minister may, whenever and so often as he thinks fit, by order under this sub-section declare that (as the Minister thinks proper and specifies in such order) either a particular article or an article of a particular kind (defined in such manner and by reference to such things as the Minister thinks proper) shall be an exempted feeding stuff for the purposes of the Fourth Schedule to this Act.

(4) The Minister may by order under this sub-section revoke any order made by him under this section.

19.—(1) Each of the following articles shall be a scheduled feeding stuff for the purposes of this Part of this Act, that is to say:—

( a ) subject to the operation of an order made by the Minister under sub-section (2) of this section, any article specified in the Fourth Schedule to this Act.

( b ) any article declared by an order made by the Minister under sub-section (3) of this section and for the time being in force to be a scheduled feeding stuff for the purposes of this Part of this Act.

(2) The Minister may, whenever and so often as he thinks fit, by order under this sub-section declare that any article specified in the Fourth Schedule to this Act shall cease to be a scheduled feeding staff for the purposes of this Part of this Act and upon the coming into force of such order such article shall so long as such order remains in force cease to be a scheduled feeding stuff for the said purposes.

(3) The Minister may, whenever and so often as he thinks fit, by order under this sub-section declare that (as the Minister thinks proper and specifies in such order) either a particular article or an article of a particular kind (defined in such manner and by reference to such things as the Minister thinks proper) shall be a scheduled feeding for the purposes of this Part of this Act.

(4) The Minister may by order under this sub-section revoke any order made by him under this section.

20.—(1) Subject to the provisions of this section, it shall not be lawful for any person to import any article to which this section applies unless under and in accordance with a licence granted by the Minister under this Part of this Act.

(2) The Minister may, whenever and so often as he thinks fit, make an order under this sub-section exempting from the operation of sub-section (1) of this section any article to which this section applies of a particular kind (defined in such manner and by reference to such things as the Minister thinks proper), and whenever any such order is made then so long as such order is in force the said sub-section (1) shall have effect in accordance with the terms of such order.

(3) The Minister may, whenever and so often as he thinks fit, make an order under this sub-section exempting from the operation of sub-section (1) of this section any article to which this section applies and in respect of which the following conditions are complied with, that is to say:—

( a ) that such article is imported by land from Northern Ireland,

( b ) that the person so importing such article satisfies the Revenue Commissioners that such article is not imported for re-sale and is being imported solely for the use of such person's own live stock or of the live stock on any farm or premises controlled or managed by him or on which he is employed, and

( c ) that such person complies with such conditions (if any) as the Revenue Commissioners may see fit to impose,

and whenever any such order is made then, so long as such order is in force, the said sub-section, (1) shall have effect in accordance with the terms of such order.

(4) The Minister may by order under this sub-section revoke any order made under sub-section (2) or sub-section (3) of this section.

(5) If any person acts in contravention of this section, such person shall be guilty of an offence under this section and shall be liable on summary conviction to the penalties mentioned in the Second Schedule to this Act.

(6) This section applies to each of the following articles, that is to say:—

( a ) any scheduled feeding stuff, and

( b ) any substance (not being an exempted feeding stuff for the purposes of the Fourth Schedule to this Act) used in the preparation of any scheduled feeding stuff.

21.—(1) The Minister may, for the purposes of this Act, do all or any of the following things, that is to say:—

( a ) grant to a registered wheat importer a licence to import a specified quantity of wheat,

( b ) grant to a registered maize importer a licence to import a specified quantity of maize,

( c ) grant to any person a licence to import a specified quantity of oats, hay, straw, or any scheduled feeding stuff.

(2) Whenever the Minister issues a licence under this section, he may attach to such licence any one or more of the following conditions, that is to say:—

( a ) a condition that the article to which such licence relates shall be imported within a specified period,

( b ) a condition that such article shall be imported from a specified country,

( c ) a condition that such article has been manufactured or produced in a specified country,

( d ) a condition that such article shall be imported at a specified port or place or by a specified route,

( e ) a condition that such article shall not be imported in more than a specified number of consignments,

( f ) such other conditions as he thinks fit.

(3) Whenever the Minister attaches any conditions to a licence under this section he shall specify such conditions in such licence.

(4) The Minister may at any time revoke any licence granted by him under this section.

(5) Where an application is made by a registered wheat importer for a licence under this section to import wheat, the Minister shall before refusing the application consult with the Minister for Industry and Commerce.

22.—(1) Where any articles are imported in contravention of this Part of 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 section and shall be liable on summary conviction thereof to a fine of fifty pounds.

(2) An offence under this section may be prosecuted by the Revenue Commissioners

CHAPTER III Restriction on Exportation of Certain Feeding Stuffs

23.—In this Chapter of this Part of this Act the expression "feeding stuff" means any product capable of being used as a feeding stuff for animals.

24.—(1) The Minister may, whenever and so often as he thinks proper, by order prohibit the export of any specified feeding stuff otherwise than under and in accordance with a licence in that behalf granted under this Chapter of this Part of this Act, and may so prohibit such export either for so long as such order is in force or for a specified period or for two or more discontinuous periods.

(2) The Minister may at any time by order revoke or amend an order previously made by him under this section, including an order made under this sub-section.

(3) Any order made by the Minister under section 94 of the Agricultural Produce (Cereals) Act, 1933 (No. 7 of 1933), and in force immediately before the passing of this Act shall be deemed to have been made under sub-section (1) of this section and may be revoked or amended by an order made under sub-section (2) of this section, and until so revoked and subject to any such amendment shall continue in force.

25.—(1) It shall not be lawful for any person to export or attempt to export any feeding stuff in contravention of an order made under this Chapter of this Part of this Act.

(2) Any officer of Customs and Excise may detain and seize any article being or attempted to be exported in contravention of this section, and for that purpose may open any packet containing, or suspected by him of containing, any such article, and the provisions of the Customs Consolidation Act, 1876, in relation to the condemnation and disposal of goods seized under that Act shall apply to all articles seized under this section in like manner as if they had been seized under that Act.

(3) The provisions of this section relating to the prohibition of the exportation or attempted exportation of articles shall have effect as though those provisions were included in the Customs Consolidation Act, 1876, and that Act and any Act amending or extending that Act shall apply accordingly, and if any person shall export or attempt to export any article in contravention of this section, or bring or be in the act of bringing any article to any quay, road or other place whatsoever for the purpose of such exportation or attempted exportation, or shall aid or abet such exportation or attempted exportation, such person shall be liable to the same penalties, detention, and proceedings as those to which a person is liable under section 186 of the Customs Consolidation Act, 1876, for illegally importing prohibited goods.

26.—(1) The Minister may, if he so thinks fit, issue to any person a licence to export within a specified time a specified quantity of any article the export of which is for the time being prohibited by an order made under this Act.

(2) Whenever the Minister issues a licence under this section he may do all or any of the following things, that is to say:—

( a ) attach to such licence such conditions as he shall think proper and shall specify in such licence;

( b ) limit such licence to specified articles or a specified consignment of articles;

( c ) restrict the exportation under such licence to exportation from a specified port or place or by a specified route, or to a specified country or a specified port or place.

FIRST SCHEDULE

Enactments Repealed.

SECOND SCHEDULE

Penalties for Offences.

In the case of a first offence under the relevant section, a fine not exceeding fifty pounds, or in the case of a second or any subsequent such offence, a fine not exceeding one hundred pounds or, at the discretion of the Court, imprisonment for any term not exceeding fix months or both such fine and imprisonment.

THIRD SCHEDULE

Exempted Feeding Stuffs.

1. Cotton seed in grain.

2. Cotton seed cake meal, otherwise cotton seed meal.

3. Flax seed in grain, otherwise linseed in grain.

4. Earth nuts, otherwise ground nuts.

5. Coconuts.

6. Copra.

7. Palm kernels.

8. Soya beans in grain.

9. Soya bean cake, soya bean cubes, soya bean nuts, soya bean flakes, and soya bean cake meal

10. Beans in grain (not fresh), including locust beans.

11. Peas in grain (not fresh).

12. Blood meal.

13. Alfalfa meal.

14. Codliver oil.

15. salt.

FOURTH SCHEDULE

Scheduled Feeding Stuffs.

1. Maize meal.

2. Barley.

3. Malted barley.

4. Rye.

5. Oatmeal.

6. Articles of the nature of a food or medicine for internal use, for the use of horses, mules, jennets, asses, cattle, sheep, swine, goats or poultry, which pass in commerce under the designation of a proprietary or protected trade name.

7. Malted barley flour, malted barley meal, and rye flour.

8. Pearled barley, pot barley, and barley which has been subjected to any process of dehulling, flaking, rolling or crushing.

9. Linseed cake, linseed cubes, linseed nuts, linseed flakes, and linseed cake meal.

10. Earth nut cake, earth nut cubes, earth nut nuts, earth nut flakes, and earth nut cake meal.

11. Coconut cake, coconut cubes, coconut nuts, coconut flakes, and coconut cake meal.

12. Palm kernel cake, otherwise palm nut cake, palm kernel nuts, palm kernel flakes, and palm kernel meal.

13. Fish meal and fish meal flakes.

14. Meat meal.

15. Meat and bone meal.

16. Any article in the preparation of which maize or any product of maize is used and which is in the form of flakes.

17. All food for the use of horses, mules, jennets, asses, cattle, sheep, swine, goats, or poultry exclusive of—

( a ) wheat,

( b ) maize,

( c ) oats,

( d ) hay,

( e ) straw,

( f ) any article mentioned at Nos. 1 to 16 (both inclusive) of this Schedule,

( g ) any exempted feeding stuff for the purposes of this Schedule.