S.I. No. 123/1959:

WHEAT ORDER, 1959.

WHEAT ORDER, 1959.

ARRANGEMENT OF ARTICLES.

Article.

1. Short title.

2. Interpretation.

3. Wheat dealer's licence.

4. Agency (wheat) licence.

5. Seed (wheat) assembler's permit.

6. Authorised wheat purchaser.

7. Restriction on having possession of wheat or taking wheat on to premises.

8. Restriction on sale, disposal or use in certain cases.

9. Restriction on storing, drying or cleaning in certain cases.

10. Restriction on purchase through agency.

11. Provisions relating to licensed agents.

12. Restriction on assembling wheat for sale as seed.

13. Prices (First Schedule).

14. Prices (Second and Third Schedules).

15. Application of Article 14.

16. Permit to purchase.

17. Conditions attached to licence or permit.

FIRST SCHEDULE.

Prices at which wheat may be sold by, or purchased from the grower thereof, in the period before 1st December, 1959, to or by any person (other than another grower for use as seed or the holder of a seed (wheat) assembler's permit who is not a licensed miller).

SECOND SCHEDULE.

Prices at which artificially dried wheat having a moisture content not exceeding 16½ per cent. may be sold by licensed wheat dealers.

THIRD SCHEDULE.

Prices at which (1) artificially dried wheat having a moisture content exceeding 16½ per cent., and (2) wheat which has not been artificially dried, may be sold by licensed wheat dealers in the period before 1st December, 1959.

S.I. No. 123 of 1959.

WHEAT ORDER, 1959.

I, PATRICK SMITH, Minister for Agriculture, in exercise of the powers conferred on me by section 2 of the Agricultural Produce (Cereals) (Amendment) Act, 1956 (No. 5 of 1956), hereby order as follows :--

1. This Order may be cited as the Wheat Order, 1959.

2.--(1) In this Order--

" agency (wheat) licence " means a licence under Article 4 of this Order ;

" authorised wheat purchaser " means a person specified in paragraph (1) of Article 6 of this Order ;

" barrel " means a barrel of 20 stones ;

" the Cereals Act " means the Agricultural Produce (Cereals) Act, 1933 (No. 7 of 1933), as amended by any subsequent enactment ;

" licensed agent " means, in relation to a licensed mill, the holder of an agency (wheat) licence which relates to that mill ;

" licensed mill " means a mill in respect of which a milling licence is granted ;

" licensed miller " means a person who is the holder of a milling licence ;

" licensed wheat dealer " means a person who is the holder of a wheat dealer's licence ;

" milling (home-grown wheat) permit " means a permit granted under section 36 of the Cereals Act ;

" milling licence " means a licence granted under section 21 of the Cereals Act ;

" the Minister " means the Minister for Agriculture ;

" registered distiller " means a person registered in the register of distillers kept under section 45 of the Cereals Act ;

" the sale season " means the period commencing on the 3rd day of August, 1959 and ending on the 31st day of August, 1960;

" seed (wheat) assembler's permit " means a permit under Article 5 of this Order ;

" wheat " means home-grown wheat, harvested in the year 1959, which is millable wheat within the meaning of the Cereals Act ;

" wheat dealer's licence " means a licence granted under Article 3 of this Order.

(2) References in this Order to a bushel weight shall be construed as references to such weight determined by means of--

(a) a weighing instrument of a type corresponding to the pattern of the weighing instrument certified, by the Minister for Industry and Commerce by Certificate numbered 152 SE, under section 6 of the Weights and Measures Act, 1904 or

(b) a weighing instrument of a type corresponding to the pattern of the weighing instrument certified, by the Minister for Industry and Commerce by Certificate numbered 153 SE, under section 6 of the Weights and Measures Act, 1904.

3.--(1) Subject to the provisions of this Article, the Minister, in his absolute discretion may, upon an application being made therefor in accordance with this Article, grant to any person a licence authorising the licensee to carry on, during the sale season, the business of dealing in wheat.

(2) A wheat dealer's licence shall relate to one set of premises only, being premises which are used by the licensee for the storage and drying of wheat and are, if consisting of more than one building, situate in the same locality.

(3) The Minister shall not grant a wheat dealer's licence unless he is satisfied that the premises specified in the application therefor are suitable for the storage and drying of wheat.

(4) Where a person desires to obtain more than one wheat dealer's licence, he shall send a separate application in respect of each licence.

(5) An application for a wheat dealer's licence shall--

(a) be in writing and be in such form and contain such particulars as the Minister may require,

(b) specify the particular set of premises to which the applicant desires the licence to relate,

(c) be accompanied by the appropriate fee directed by the Minister for Finance to be paid in respect of a wheat dealer's licence,

(d) be sent to the Secretary, Department of Agriculture, Dublin.

4.--(1) Subject to the provisions of this Article, the Minister, in his absolute discretion may, upon application being made therefor in accordance with this Article, grant to any person a licence authorising the licensee to act during the sale season as the agent of the licensee of a specified licensed mill for the purchase of wheat.

(2) The Minister shall not grant more than one agency (wheat) licence to the same person.

(3) An application for an agency (wheat) licence shall--

(a) be in writing and be in such form and contain such particulars as the Minister may require,

(b) have endorsed thereon the consent, to the application being made, of the licensee of the licensed mill to which it is proposed the licence shall relate,

(c) specify the said licensed mill,

(d) be accompanied by the fee directed by the Minister for Finance to be paid in respect of an agency (wheat) licence,

(e) be sent to the Secretary, Department of Agriculture, Dublin.

5.--(1) Subject to the provisions of this Article, the Minister, in his absolute discretion, may, upon application being made therefor in accordance with this Article, grant to any person a permit authorising the holder thereof to carry on at specified premises during the sale season the business of assembling wheat for sale as seed.

(2) A seed (wheat) assembler's permit shall relate to one set of premises only, being premises which are used by the holder of the permit for the assembling of wheat as seed and are, if consisting of more than one building, situate in the same locality.

(3) Where a person desires to obtain more than one seed (wheat) assembler's permit, he shall send a separate application in respect of each permit.

(4) An application for a seed (wheat) assembler's permit shall--

(a) be in writing and be in such form and contain such particulars as the Minister may require,

(b) specify the particular set of premises to which the applicant desires the permit to relate,

(c) be sent to the Secretary, Department of Agriculture, Dublin.

6.--(1) Each of the following persons, and no other person, may, during the sale season, purchase wheat from the grower thereof, that is to say :--

(a) a person who purchases wheat as seed for sowing on land being cultivated by him,

(b) a licensed miller,

(c) a registered distiller,

(d) a licensed wheat dealer,

(e) a person who is the holder of a seed (wheat) assembler's permit,

(f) a person who is the holder of a permit granted by the Minister under this Order authorising him to purchase a specified quantity of wheat and who purchases such wheat under and in accordance with such permit.

(2) A person shall not, during the sale season, sell any wheat grown by him to any person other than an authorised wheat purchaser.

7.--(1) A person shall not, during the sale season, have any wheat in his possession or take any wheat on to his premises unless he is the person by whom the wheat was grown or is an authorised person.

(2) Each of the following persons shall be an authorised person for the purposes of this Article, that is to say :--

(a) an authorised wheat purchaser,

(b) the holder of a milling (home-grown wheat) permit,

(c) any person lawfully engaged in the transport of wheat,

(d) any person drying, cleaning or storing wheat on behalf of and on the instructions of--

(i) any of the persons mentioned in the foregoing sub-paragraphs (a), (b) and (c), or

(ii) the grower of the wheat,

(e) any person who purchases seed wheat from a licensed miller, from the holder of a seed (wheat) assembler's permit or from a subsequent purchaser of such wheat.

8.--(1) A person shall not, during the sale season, sell or dispose of, or use, any wheat which he has purchased from growers thereof, except under and in accordance with the directions of the Minister.

(2) Paragraph (1) of this Article shall not apply in respect of--

(a) any wheat purchased by a person as seed for sowing on land being cultivated by him, or

(b) any wheat sold under Part III of the Agricultural Produce (Cereals) Act, 1936 (No. 30 of 1936).

(3) A person who purchases during the sale season any wheat as seed for sowing on land being cultivated by him shall not, during the sale season, sell or dispose of the wheat, or use it otherwise than as seed for sowing on such land, except with the consent of the Minister.

9. The holder of a wheat dealer's licence shall not, during the sale season, store, dry or clean any wheat purchased under the licence by him at any place other than the set of premises to which the licence or any other wheat dealer's licence held by him relates, except with the consent of the Minister.

10. The licensee of a licensed mill shall not, during the sale season, purchase any wheat through the agency of another person, unless that person--

(a) is a regular full-time employee of the licensee, or

(b) is a licensed agent for the mill.

11.--(1) A licensed agent for a mill shall not, during the sale season, purchase any wheat for the licensee of the mill except as and when instructed so to do by the licensee.

(2) Where a licensed agent for a mill purchases, during the sale season, any wheat, on the instructions of the licensee of the mill, the licensed agent shall cause the wheat to be brought to such place as the licensee may direct in writing, or if there is no such direction, to the mill.

(3) There may be paid by the licensee of a licensed mill to a licensed agent for the mill, as commission in respect of the purchase of wheat purchased during the sale season by the agent on the instructions of the licensee, a sum not exceeding an amount calculated at the rate of 9d. for each barrel of the wheat.

(4) Where a licensed agent for a mill, on the written instructions of the licensee of the mill, stores in any premises, the property of the licensed agent, any wheat purchased during the sale season by the licensed agent for the licensee, the licensed agent may charge, in respect of the storage, a sum not exceeding the following, namely, an amount calculated at the rate of 1s. 0d. for each barrel so stored, and, in case the wheat is stored for one month or more, an amount calculated at the rate of 2d. per barrel for each complete month during which the wheat is stored.

12. A person shall not, during the sale season, assemble, at any premises, by purchase from growers, any wheat for sale as seed, unless he is the holder of a seed (wheat) assembler's permit which relates to those premises.

13.--(1) The price per barrel at which wheat of any class specified in the second column of the First Schedule to this Order may, during the sale season, be sold by, or purchased from, the grower thereof, to or by any person (other than another grower for use as seed or the holder of a seed (wheat) assembler's permit who is not a licensed miller) shall, subject to the provisions of this Article be--

(a) in the case of wheat sold before the 1st day of December, 1959,--

(i) in case the moisture content of the wheat does not exceed 22 per cent., the price set out in the third column of that Schedule opposite the mention of wheat of that class,

(ii) in case it exceeds 22 per cent. but does not exceed 25 per cent., the price set out in the fourth column of that Schedule opposite the mention of wheat of that class, and

(iii) in case it exceeds 25 per cent. but does not exceed 26 per cent., the price set out in the fifth column of that Schedule opposite the mention of wheat of that class,

(b) in the case of wheat sold during the month of December, 1959,--

(i) in case the moisture content of the wheat does not exceed 22 per cent., the price set out in the third column of that Schedule opposite the mention of wheat of that class increased by 2s. 6d. per barrel,

(ii) in case it exceeds 22 per cent. but does not exceed 25 per cent., the price set out in the fourth column of that Schedule opposite the mention of wheat of that class increased by 2s. 6d. per barrel, and

(iii) in case it exceeds 25 per cent. but does not exceed 26 per cent., the price set out in the fifth column of that Schedule opposite the mention of wheat of that class increased by 2s. 6d. per barrel, and

(c) in the case of wheat sold on or after the 1st day of January, 1960,--

(i) in case the moisture content of the wheat does not exceed 22 per cent., the price set out in the third column of that Schedule opposite the mention of wheat of that class increased by 5s. 0d. per barrel,

(ii) in case it exceeds 22 per cent. but does not exceed 25 per cent., the price set out in the fourth column of that Schedule opposite the mention of wheat of that class increased by 5s. 0d. per barrel, and

(iii) in case it exceeds 25 per cent. but does not exceed 26 per cent., the price set out in the fifth column of that Schedule opposite the mention of wheat of that class increased by 5s. 0d. per barrel,

and no greater or lesser price.

(2) The price provided for by paragraph (1) of this Article shall be taken to be the price of the wheat delivered by the grower to the purchaser's premises, in case those premises are nearer to the grower's premises than any port, railway station or canal depot, or, in any other case, to the port, railway station or canal depot nearest to the grower's premises.

(3) Where--

(a) the purchaser of wheat from a grower is the licensee of a licensed mill, and

(b) the wheat is purchased by him through a licensed agent for the mill, and

(c) the wheat is, in accordance with the written instructions of the purchaser, to be brought to premises belonging to the licensed agent,

the reference in paragraph (2) of this Article to the purchaser's premises shall be construed as a reference to the premises belonging to the licensed agent.

(4) Where a purchaser takes delivery of wheat at the grower's premises, he shall deduct from the price for the wheat a sum calculated at the rate of 1s. 0d. per barrel in respect of the collection and transport of the wheat.

(5) Where the quantity of screenings in wheat purchased by the licensee of a licensed mill (whether acting by himself or through a licensed agent for the mill), a licensed wheat dealer or a registered distiller exceeds 4 per cent., the purchaser shall deduct from the price for the wheat--

(a) in case the quantity of screenings does not exceed 5 per cent.--6d. per barrel,

(b) in case it exceeds 5 per cent. but does not exceed 6 per cent.--1s. 0d. per barrel,

(c) in case it exceeds 6 per cent. but does not exceed 7 per cent.--1s. 6d. per barrel,

and so on.

(6) In this Article, "screenings" has the meaning which it customarily has in the milling industry.

(7) Where the moisture content of wheat purchased by the licensee of a licensed mill (whether acting by himself or through a licensed agent for the mill), a licensed wheat dealer or a registered distiller exceeds 26 per cent., the purchaser shall deduct from the price for the wheat--

(a) in case the moisture content does not exceed 27 per cent.--2s. 0d. per barrel,

(b) in case it exceeds 27 per cent. but does not exceed 28 per cent.--4s. 0d. per barrel,

(c) in case it exceeds 28 per cent. but does not exceed 29 per cent.--6s. 0d. per barrel,

and so on.

(8) The price for wheat from which the deduction under paragraph (4) or (5) of this Article is to be made is the price determined in accordance with paragraph (1) or (1) and (7) jointly, whichever is appropriate, of this Article after the bulk of the wheat has been bushelled, and the price for wheat from which the deduction under paragraph (7) of this Article is to be made is the price determined in accordance with paragraph (1) of this Article, after the bulk of the wheat has been bushelled, of wheat the moisture content of which exceeds 25 per cent., but does not exceed 26 per cent.

14.--(1) The price per barrel at which wheat (being wheat which has been artificially dried and has at the time of sale a moisture content not exceeding 16½ per cent.) of any class specified in the second column of the Second Schedule to this Order may be sold by a licensed wheat dealer during the sale season shall, subject to the provisions of paragraphs (3) and (5) of this Article, be the price set out in the third column of that Schedule opposite the mention of wheat of that class, and no greater or lesser price.

(2) The price per barrel at which wheat (being either wheat which has been artificially dried but has at the time of sale a moisture content exceeding 16½ per cent., or wheat which has not been artificially dried) of any class specified in the second column of the Third Schedule to this Order may, during the sale season, be sold by a licensed wheat dealer shall, subject to the provisions of paragraphs (5) and (7) of this Article, be--

(a) in the case of wheat sold before the 1st day of December, 1959,--

(i) in case the moisture content of the wheat does not exceed 22 per cent., the price set out in the third column of that Schedule opposite the mention of wheat of that class,

(ii) in case it exceeds 22 per cent. but does not exceed 25 per cent., the price set out in the fourth column of that Schedule opposite the mention of wheat of that class, and

(iii) in case it exceeds 25 per cent. but does not exceed 26 per cent., the price set out in the fifth column of that Schedule opposite the mention of wheat of that class,

(b) in the case of wheat sold in the month of December, 1959,--

(i) in case the moisture content of the wheat does not exceed 22 per cent., the price set out in the third column of that Schedule opposite the mention of wheat of that class increased by 2s. 6d. per barrel,

(ii) in case it exceeds 22 per cent. but does not exceed 25 per cent., the price set out in the fourth column of that Schedule opposite the mention of wheat of that class increased by 2s. 6d. per barrel, and

(iii) in case it exceeds 25 per cent. but does not exceed 26 per cent., the price set out in the fifth column of that Schedule opposite the mention of wheat of that class increased by 2s. 6d. per barrel,

and

(c) in the case of wheat sold on or after the 1st day of January, 1960,--

(i) in case the moisture content of the wheat does not exceed 22 per cent., the price set out in the third column of that Schedule opposite the mention of wheat of that class increased by 5s. 0d. per barrel,

(ii) in case it exceeds 22 per cent. but does not exceed 25 per cent., the price set out in the fourth column of that Schedule opposite the mention of wheat of that class increased by 5s. 0d. per barrel, and

(iii) in case it exceeds 25 per cent. but does not exceed 26 per cent., the price set out in the fifth column of that Schedule opposite the mention of wheat of that class, increased by 5s. 0d. per barrel,

and no greater or lesser price.

(3) On a sale of wheat the price for which is fixed by paragraph (1) of this Article, there may be added by the vendor to the price fixed by that paragraph a charge of 8d. per barrel in respect of interest and storage charges for each complete month during which the wheat has been stored by him.

(4) Where artificially dried wheat is sold by a licensed wheat dealer during the sale season and the moisture content of the wheat does not exceed 14½, 15, 15½, 16 or 16½ per cent. by more than 0·2 per cent., the moisture content of the wheat may be regarded as not exceeding 14½, 15, 15½, 16 or 16½ per cent. (as the case may be), and paragraphs (1) and (2) of this Article, and the Second and Third Schedules to this Order, shall have effect accordingly.

(5) Where the quantity of screenings in wheat purchased from a licensed wheat dealer exceeds 4 per cent., the purchaser shall deduct from the price for the wheat--

(a) in case the quantity of screenings does not exceed 5 per cent.--6d. per barrel,

(b) in case the quantity exceeds 5 per cent., but does not exceed 6 per cent.--1s. 0d. per barrel,

(c) in case the quantity exceeds 6 per cent., but does not exceed 7 per cent.--1s. 6d. per barrel,

and so on.

(6) In this Article "screenings" has the meaning which it customarily has in the milling industry.

(7) Where the moisture content of wheat purchased from a licensed wheat dealer exceeds 26 per cent., the purchaser shall deduct from the price for the wheat--

(a) in case the moisture content does not exceed 27 per cent.--2s. 0d. per barrel,

(b) in case it exceeds 27 per cent. but does not exceed 28 per cent.--4s. 0d. per barrel,

(c) in case it exceeds 28 per cent. but does not exceed 29 per cent.--6s. 0d. per barrel,

and so on.

(8) The price for wheat from which the deduction under paragraph (5) of this Article is to be made is the price determined in accordance with paragraph (1), (2), or (2) and (7) jointly, whichever is appropriate, of this Article, and the price for wheat from which the deduction under paragraph (7) of this Article is to be made is the price determined in accordance with paragraph (2) of this Article of wheat the moisture content of which exceeds 25 per cent. but does not exceed 26 per cent.

15. Article 14 of this Order shall apply in respect of wheat assembled for use or sale as seed and not disposed of for that purpose subject to the modification that the references therein to a licensed wheat dealer shall be construed as references to any person.

16. The Minister may from time to time issue to any person a permit to purchase during the sale season a specified quantity of wheat.

17.--(1) The Minister may attach to any licence or permit issued by him under this Order such conditions as he thinks fit.

(2) Where conditions are attached to any licence or permit issued by the Minister under this Order, the holder of the licence or permit shall comply with the conditions.

Article 13 (1).

FIRST SCHEDULE.

Prices at which wheat may be sold by, or purchased from, the grower thereof, in the period before 1st December, 1959, to or by any person (other than another grower for use as seed or the holder of a seed (wheat) assembler's permit who is not a licensed miller).

Article 14 (1).

SECOND SCHEDULE.

Prices at which artificially dried wheat having a moisture content not exceeding 16½ per cent. may be sold by licensed wheat dealers.

Article 14 (2).

THIRD SCHEDULE.

Prices at which (1) artificially dried wheat having a moisture content exceeding 16½ per cent., and (2) wheat which has not been artificially dried may be sold by licensed wheat dealers in the period before 1st December, 1959.

GIVEN under my Official Seal, this 22nd day of July, 1959.

PATRICK SMITH,

Minister for Agriculture.

EXPLANATORY NOTE.

The Order fixes the prices to be paid to growers for millable wheat of the 1959 harvest and controls the marketing and subsequent disposal of such wheat, including certain resale prices. It also controls the assembly of seed wheat by purchase from growers.