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ARTICLES. PART I. PRELIMINARY. Article.
Order to purchases and sales
cereals by the Minister. PART II. PROVISIONS RELATING TO WHEAT. 4. Determination
moisture content
wheat. 5. Grading
wheat.
wheat from growers and sale
wheat by growers. 10. Restriction on possession
wheat. 11. Restriction on amount
wheat which may be purchased licensed millers. 12. Restriction on re-sale, disposition and use
wheat. 13. Storage, drying and cleaning
wheat by licensed wheat dealers. 14. Purchase
wheat by licensed millers through agents.
fertiliser (credit) dockets by certain authorised wheat purchasers.
artificially dried seed wheat. 20. Prohibition
sale
seed wheat the germination
which is less than 88 per cent. 21. Standard prices
home-grown wheat.
wheat assembled for use or sale as seed but not disposed
for that purpose. PART III. PROVISIONS RELATING TO BARLEY.
barley from growers and sale
barley by growers. 30. Restriction on re-sale, disposition and use
barley. 31. Storage
barley by licensed barley dealers.
barter
cereals and products
cereals.
conditions to licences and permits.
premises. 42. Inspection
records, etc.,
authorised purchasers. 43. Inspection
premises in which cereals are stored. 44. Information in relation to purchase, sale, and milling
cereals. FIRST SCHEDULE. Standard price for wheat purchased from growers during the sale season. 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
the powers conferred on me by Article 31
the Emergency Powers Order, 1939 (S. R. & O. No. 224
1939), as amended by the Emergency Powers (No. 173) Order, 1942 (S. R. & O. No. 166
1942) (which Orders are continued in force by the Supplies and Services (Temporary Provisions) Act, 1946 (No. 22
1946) ), and
every and any other power me in this behalf enabling, hereby order as follows :— PART I.PRELIMINARY. 1 Short title 1. This Order may be cited as the Cereals Order, 1947. 2 Definitions 2.
1933), as amended by any subsequent enactment ; the expression " milling licence " means a licence granted under section 21
the Cereals Act ; the expression " licensed miller " means a person who is the holder
a milling licence ; the expression " registered distiller " means a person registered in the register
distillers kept under section 45
the Cereals Act ; the expression " registered wheat dealer " means a person registered in the register
wheat dealers kept under section 45
the Cereals Act ; the word " inspector " means a person appointed by the Minister to be an inspector for the purposes
this Order ; the expression " licensed mill " means a mill in respect
which a milling licence is granted ; the expression " milling (home-grown wheat) permit " means a permit granted under section 36
the Cereals Act ; the word " wheat " means home-grown wheat, harvested in the year 1947, which is millable wheat within the meaning
the Cereals Act ; the word " barley " means home-grown barley, harvested in the year 1947 ; the word " cereal " means any cereal which is wheat or barley ; the word " barrel " means— (a) in relation to wheat, a barrel
20 stones, (b) in relation to barley, a barrel
16 stones, the expression " the sale season " means the period commencing on the 18th day
August, 1947, and ending on the 31st day
August, 1948.
a cereal shall in case such cereal has been purchased before being harvested, be construed as references to the purchaser thereof. 3 Non-application
Order topurchases and sales
cereals by the Minister 3. This Order shall not apply in relation to the purchase or sale
cereals by the Minister. PART II.PROVISIONS RELATING TO WHEAT. 4 Determination
moisture content
wheat 4.
this Order, the percentage
the moisture content in wheat shall be determined by grinding a representative sample
the wheat and drying it for one hour at 130° Centigrade.
wheat 5. For the purposes
this Order, wheat is hereby divided into the following three grades :— (a) wheat (in this Order called first grade wheat) having a bushel weight
not less than 57 lb., (b) wheat (in this Order called second grade wheat) having a bushel weight
less than 57 lb., but not less than 55 lb., (c) wheat (in this Order called third grade wheat) having a bushel weight
less than 55 lb. 6 Wheat dealers' licences 6.
this Article, the Minister in his absolute discretion may, upon an application being made therefor in accordance with this Article, grant to a registeredwheat dealer a licence (in this Order called a wheat dealer's licence) authorising the licensee to carry on, during the sale season, the business
dealing in wheat.
premises only, being premises which are used by the licensee for the storage and drying
wheat and are, if consisting
more than one building, situate in the same locality.
wheat.
each licence.
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
a wheat dealer's licence, (d) be sent to the Secretary, Department
Agriculture, Dublin.
a wheat dealer's licence. 7 Agency (wheat) licences 7.
the licensee
a specified licensed mill for the purchase
wheat.
the licensee
the licensed mill to which it is proposed the licence shall relate, (
an agency (wheat) licence, (e) be sent to the Secretary, Department
Agriculture, Dublin.
an agency (wheat) licence which relates to that mill. 8 Seed (wheat) assemblers' permits 8.
assembling wheat for sale as seed.
premises only being premises which are used by the licensee for the assembling
wheat as seed and are, if consisting
more than one building, situate in the same locality.
each permit.
premises to which the applicant desires the permit to relate, (c) be sent to the Secretary, Department
Agriculture, Dublin. 9 Restriction on purchases
wheat from growers and sale
wheat by growers 9.
the following persons (in this Order referred to as authorised wheat purchasers) and no other person may, during the sale season, purchase wheat from the grower thereof, that is to say :— (
a seed (wheat) assembler's permit, (f) a person who is the holder
a permit granted by the Minister under this Order authorising him to purchase a specified quantity
wheat and who purchases such wheat under and in accordance with such permit.
wheat 10.
the following shall be an authorised person for the purposes
this Article, that is to say :— (
a milling (home-grown wheat) permit, (c) any person lawfully engaged in the transport
wheat, (d) any person drying, cleaning or storing wheat with the consent or approval
the Minister on behalf
and on the instructions
any
the persons mentioned in the preceding sub-paragraphs
this paragraph, (e) any person who purchases seed wheat from a licensed miller, the holder
a seed (wheat) assembler's permit or from a subsequent purchaser
such wheat. 11 Restriction on amount
wheat which may be purchased by licensed Millers 11. The licensee
a licensed mill, the quota for which during the cereal year commencing on the 1st day
September, 1947, exceeds one thousand barrels, shall not, except with the consent
the Minister, purchase, during such cereal year, a quantity
wheat in excess
the sum
the following :— (a) the quantity
wheat which he is required by section 6
the Agricultural Produce (Cereals) Act, 1935 (No. 26
1935), to mill at that mill during such cereal year, and (b) any wheat purchased by him during such cereal year, under section 16
the said Act, (c) any wheat purchased by him during such cereal year under Part III
the Agricultural Produce (Cereals) Act, 1936 (No. 30
1936), (d) any wheat which he purchases in accordance with a direction given under Article 3
the Emergency Powers (No. 117) Order, 1941 (S. R. & O. No. 450
1941), as amended by the Emergency Powers (No. 117) Order, 1941 (Amendment) Order, 1941 (S. R. & O. No. 497
1941). 12 Restriction on re-sale disposition and use
wheat 12.
the Minister, sell, or dispose
, or use during the sale season, any wheat which he has purchased from growers thereof.
this Article shall not apply in respect
— (
the Agricultural Produce (Cereals) Act, 1936 (No. 30
1936), (c) any wheat sold in accordance with a direction given under Article 3
the Emergency Powers (No. 117) Order, 1941, (S. R. & O. No. 450
1941), as amended by the Emergency Powers (No. 117) Order, 1941 (Amendment) Order, 1941 (S. R. & O. No. 497
1941).
the Minister, sell or dispose
such wheat or use it otherwise than as seed for sowing on such land. 13 Storage, drying and cleaning
wheat by licensed wheat dealers 13. The holder
a wheat dealer's licence shall not, except with the consent
the Minister, store, dry or clean, any wheat purchased under such license by him during the sale season at any place other than the set
premises to which that licence or any other wheat dealer's licence held by him relates. 14 Purchase
wheat by licensed millers through agents 14. The licensee
a licensed mill shall not, during the sale season, purchase any wheat through the agency
another person, unless that person— (a) is a regular full-time employee
the licensee, or (b) is a licensed agent for such mill. 15 Provisions in relation to licensed agents for mills 15.
that mill except as and when instructed so to do by the licensee.
the licensee
that mill, the licensed agent shall cause such wheat to be brought from the grower's premises to such place as the licensee may direct, or if there is no such direction, to such mill.
a licensed mill to a licensed agent for such mill, as commission in respect
the purchase
wheat purchased during the sale season by such agent on the instructions
such licensee, a sum not exceeding an amount calculated at the rate
6d. for each barrel
such wheat.
the licensee
that mill, stores in any premises, the property
the licensed agent, any wheat purchased during the sale season by the licensed agent for the licensee, the licensed agent may charge, in respect
such storage, a sum not exceeding the following, namely, an amount calculated at the rate
9d. for each barrel so stored, and, in case the wheat is stored for one month or more, an amount calculated at the rate
1d. per barrel for each complete month during which the wheat is stored. 16 Issue
fertiliser (credit) dockets by certain authorised wheat purchasers 16.
the forms
a document consisting
— (a) a docket (in this Article referred to as a fertiliser (credit) docket) headed with the words " Fertiliser Credits (Wheat) Scheme " and so framed as to enable the following particulars
each sale
wheat during the sale season by a grower to such authorised person to be entered therein— (i) the quantity
wheat sold, (ii) the name and address
the grower, (iii) the date
sale, (
payment, enter on a fertiliser (credit) docket and the relevant counterfoil the particulars relating to the said purchase in accordance with directions printed on the cover
the relevant book
dockets and counterfoils, and detach and deliver the said docket to the grower, (b) such authorised purchaser shall dispose
the said counterfoil in accordance with the said directions, (c) the grower shall deal with the said docket in accordance with the directions printed on the back thereof.
paragraph
this Order, other than a person who is an authorised wheat purchaser by virtue
sub-paragraph (a)
the said paragraph
wheat from whom such licensed miller or licensed wheat dealer purchases wheat shall, not later than the 15th day
September, 1947, furnish to the Minister the name and address
each
such persons.
wheat from whom such licensed miller or licensed wheat dealer purchases wheat a sum exceeding an amount calculated at the rate
3d. for each sack so distributed by such person. 18 Restriction on assembling wheat for sale 18. No person shall, during the sale season assemble, at any premises, any wheat for sale as seed, unless he is the holder
a seed (wheat) assembler's permit which relates to those premises. 19 Provisions in relation to sale
artificially dried seed 19.
a seed (wheat) assembler's permit shall not, during the sale season, sell or
fer for sale as artificially dried seed wheat any wheat, which has been assembled by him and artificially dried, unless (a) the moisture content
such wheat was, at the time
sale, not more than 16 per cent., (b) such wheat has been kept properly stored by him.
wheat at the time
sale exceeds 16 per cent., by not more than 0.2 per cent., it shall, for the purposes
paragraph
this Article, be regarded at that time as 16 per cent. 20 Prohibition
sale
seed wheat the germination
which is less than 88 per cent 20. No person shall, during the sale season, sell or
fer for sale, as seed, any wheat, the germination
which for the time being is less than 88 per cent. 21 Standard prices
home-grown wheat 21. For the purposes
this Order, the standard price per barrel for wheat
each grade specified in the First Schedule to this Order shall be the price set out in the third column
the said First Schedule opposite the mention
wheat
that grade. 22 Prices at which wheat may be sold by and purchased from growers to or by persons other than seed assemblers, who are not licensed millers 22.
any particular grade may, during the sale season, be sold by, or purchased from the grower thereof, to, or by, any person (other than the holder
a seed (wheat) assembler's permit, who is not a licensed miller), shall, subject to the provisions
this Article, be the standard price for wheat
that grade, and no greater or lesser price.
this Article shall be taken to be the price
the wheat delivered by the grower to the purchaser's premises, in case those premises are nearer than any port, railway station or canal depôt to the grower's premises or, in any other case, to the port, railway station or canal depôt nearest to the grower's premises.
wheat from a grower is the licensee
a licensed mill, and (
the purchaser, to be brought to premises belonging to the licensed agent, the reference in paragraph
this Article to the purchaser's premises shall be construed as a reference to the premises belonging to the licensed agent.
wheat at the grower's premises he shall deduct from the price payable to the grower under paragraph
this Article a sum calculated at a rate not less than 6s. per ton nor more than 8s. per ton in respect
the collection and transport
the wheat.
screenings in wheat purchased by the licensee
a licensed mill (whether acting by himself or through a licensed agent for such mill) or a licensed wheat dealer exceeds 4 per cent., the purchaser may deduct from the standard price for such wheat— (a) in case the quantity
screenings does not exceed 5 per cent.—6d. (
any particular grade may, during the sale season, be sold by, or purchased from, the grower thereof to, or by, the holder
a seed (wheat) assembler's permit who is not a licensed miller, shall, subject to the provisions
this Article, be a price not less than the standard price for wheat
that grade nor more that 2s. 6d. in excess
the said standard price.
this Article, the grower may sell and the seed assembler may purchase seed wheat produced under such contract at the price specified in such contract, if the Minister approves
the terms
the contract.
pure line or pedigree seed wheat with a view to the production
stocks
high class seed wheat, the seed wheat so produced may at any time during the sale season, be sold by the grower for use or sale as seed, at such price, exceeding the maximum price fixed by paragraph
this Article, as the Minister may determine.
this Article shall be taken to be the prices
the wheat delivered by the grower to the purchaser's premises in case those premises are nearer than any port, railway station or canal depot to the grower's premises or, in any other case, to the port, railway station or canal depot nearest to the grower's premises.
wheat at the grower's premises he shall deduct from the price payable to the grower under paragraph
this Article a sum calculated at a rate not less than 6s. per ton nor more than 8s. per ton in respect
the collection and transport
the wheat. 24 Prices at which wheat may be sold by licensed wheat dealers 24.
sale a moisture content not exceeding 16½ per cent.)
any class specified in the second column
the Second Schedule hereto may be sold by a licensed wheat dealer during the sale season shall, subject to the provisions
paragraphs
this Article, be the price set out in the third column
the said Second Schedule opposite the mention
wheat
that class, and no greater or lesser price.
sale a moisture content exceeding 16½ per cent., or wheat which has not been artificially dried)
any grade specified in the second column
the Third Schedule hereto may be sold by a licensed wheat dealer during the sale season shall, subject to the provisions
paragraphs
this Article, be the price set out in the third column
the said Third Schedule opposite the mention
wheat
that grade, and no greater or lesser price.
this Article, a charge
1d. per barrel for each complete month during which the wheat has been stored by him.
the wheat does not exceed 15, 15 ½, 16, or 16 ½ per cent. by more than 0.2 per cent., the moisture content
the wheat may be regarded as not exceeding 15, 15 ½, 16, or 16 ½ per cent (as the case may be), and paragraphs
this Article, and the Second and Third Schedules hereto shall have effect accordingly.
screenings in wheat purchased from a licensed wheat dealer exceeds 4 per cent., the purchaser may deduct from the price fixed for such wheat by paragraph
this Article— (a) in case the quantity
screenings does not exceed 5 per cent.—6d., (
a class specified in column
the Fourth Schedule hereto at any reference number which is sold for use as seed may be sold shall, subject to the provisions
paragraph
this Article, not exceed the price specified in column
the said columns is appropriate having regard to the conditions
sale)
the said Fourth Schedule at the said reference number.
paragraph
this Order at a price exceeding the maximum price fixed by paragraph
that Article may, at any time during the sale season, be resold for use as seed at such price, exceeding the price fixed by paragraph
this Article, as the Minister may determine. 26 Price
wheat assembled for use or sale as seed but not disposed
for that purpose 26. Article 24
this Order shall apply in respect
wheat assembled for use or sale as seed and not disposed
for that purpose subject to the modification that the references therein to a licensed wheat dealer shall be construed as references to any person. PART III.PROVISIONS RELATING TO BARLEY. 27 Barley dealers' licences 27.
dealing in barley.
premises only, being premises which are used by the licensee for the storage
barley and are, if consisting
more than one building, situate in the same locality.
each licence.
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
a barley dealer's licence, (d) be sent to the Secretary, Department
Agriculture, Dublin.
a barley dealer's licence. 28 Seed (barley) assemblers' permits 28.
assembling barley for sale as seed.
premises only, being premises which are used by the licensee for the assembling
barley as seed and are, if consisting
more than one building, situate in the same locality.
each permit.
premises to which the applicant desires the permit to relate, (c) be sent to the Secretary, Department
Agriculture, Dublin. 29 Restriction on purchase
barley from growers and sale
barley by growers 29.
the following persons (in this Order referred to as authorised barley purchasers) and no other person may, during the sale season, purchase barley from the grower thereof, that is to say:— (
a seed (barley) assembler's permit, (d) a person who is the holder
a permit granted by the Minister under this Order authorising him to purchase a specified quantity
barley and who purchases such barley under and in accordance with such permit.
barley 30.
the Minister, sell, or dispose
or use, during the sale season, any barley which he has purchased from growers thereof.
this Article shall not apply in respect
— (
the Emergency Powers (No. 117) Order, 1941 (S. R. & O. No. 450
1941), as amended by the Emergency Powers (No. 117) Order, 1941 (Amendment) Order, 1941 (S. R. & O. No. 497
1941).
the Minister, sell or dispose
such barley or use it otherwise than as seed for sowing. 31 Storage
barley by licensed barley dealers 31. The holder
a barley dealer's licence shall not, except with the consent
the Minister, store any barley purchased under such licence by him during the sale season at any place other than the set
premises to which that licence or any other barley dealer's licence held by him relates. 32 Restriction on assembling barley for sale 32. No person shall during the sale season assemble, at any premises, any barley for sale as seed, unless he is the holder
a seed (barley) assembler's permit which relates to those premises. 33 Prices at which barley may be sold by and purchased from growers 33.
this Article, not exceed 40s. per barrel.
the terms
the contract.
this Article shall be taken to be the price
the barley delivered by the grower to the purchaser's premises, in case these premises are nearer than any port, railway station or canal depôt to the grower's premises, or in any other case, to the port, railway station or canal depot nearest to the grower's premises.
barley at the grower's premises, he shall deduct from the price which, apart from this paragraph, would be payable to the grower a sum calculated at a rate not less than 6s. per ton nor more than 8s. per ton in respect
the collection and transport
the barley. 34 Prices at which barley may be sold by licensed barley dealers 34.
any class specified in the second column
the Fifth Schedule hereto may be sold by a licensed barley dealer shall, subject to the provisions or paragraphs
this Article, not exceed the price set out in the third column
the said Fifth Schedule opposite the mention
barley
that class.
1d. per barrel for each complete month during which the barley has been stored by him.
the Minister given under paragraph
this Order, be added to the price which, apart from this paragraph, would be the price therefor the following, that is to say :— (a) if the barley was brought from such port, railway station, or canal depôt to the licensed barley dealer's premises by public transport, the actual cost
carriage; (b) if the barley was brought from such port, railway station, or canal depôt to the licensed barley dealer's premises otherwise than by public transport, the usual charge by public transport or the actual cost
carriage, whichever is the lower; provided that such addition shall not, in the case
any such sale, be at a rate in excess
1s. per barrel. 35 Price for barley for use as seed 35. The price at which barley may, during the sale season, be sold by any person for use as seed shall not exceed— (a) in case the quantity sold is less than one barrel, a price calculated at the rate
3s. 8d. per stone, and (b) in any other case, a price calculated at the rate
55s. per barrel. PART IV.GENERAL PROVISION'S. 36 Prohibition
barter
cereals and products
cereals 36. No person shall, during the sale season, exchange any cereal or the product
any cereal for any other commodity or exchange any other commodity for any cereal or the product
any cereal. 37 Permits to purchase wheat and barley 37. The Minister may from time to time issue to any person a permit to purchase during the sale season a specified quantity
wheat or barley. 38 Attachment
conditions to licences and permits 38.
such licence or permit shall comply with such conditions. 39 Records to be kept by authorised wheat purchasers and authorised barley purchasers 39. Every authorised wheat purchaser and every authorised barley purchaser shall cause to be kept such records
purchases and sales
wheat or barley (as the case may be) by him as the Minister may require. 40 Returns by authorised wheat purchasers and authorised barley purchasers 40.
ten as he thinks fit, serve on any person, who is an authorised wheat purchaser or an authorised barley purchaser, a notice requiring him to furnish to the Minister, at such times as may be specified in the notice, periodical or other returns containing such particulars in relation to purchases and sales
wheat or barley (as the case may be) by him as may be specified in the notice.
such notice. Returns by occupiers
premises. 41 .. 41.
any premises a notice in writing requiring the responsible person to furnish within a specified lime to such person or authority as may be specified in the notice a return giving the following particulars, that is to say:— (a) the kinds or cereals on such premises on specified date. (b) in respect
each cereal on such premises on such date— (
the owner thereof, (iii) the quantity (if any) grown by the responsible person, (iv) the names and addresses
the persons from whom so much thereof as was not grown by the responsible person was purchased and the prices paid therefor to such persons respectively, (c) such other particulars (if any) as may be specified in the notice.
such notice. 42 Inspection
records, etc.,
authorised purchasers 42. Every person (being an authorised wheat purchaser or an authorised barley purchaser or a person employed by an authorised wheat purchaser or an authorised barley purchaser) is hereby required from time to time— (a) to produce, at the request
an inspector, any books or documents relating to the purchase and sale
wheat or barley (as the case may be) during the sale season which are in the power, possession, or procurement
suchperson, to permit such inspector to inspect and take extracts from such books and documents and to give to such inspector any information which such inspector may reasonably require, in regard to any entries in such books or documents; (b) to afford to an inspector all reasonable facilities for the inspection and measurement
any stocks
wheat or barley carried in connection with the business
such authorised wheat purchaser or such authorised barley purchaser; (c) to give to an inspector any information, which such inspector may reasonably require, in regard to the purchase, storage, or sale
wheat or barley for the purposes
such business. 43 Inspection
premises in which cereals are stored 43.
any stocks
cereals on such premises. 44 Information in relation to purchase, sale and milling
cereals 44. Where an inspector has reasonable grounds for believing that any person has purchased, or sold, or milled cereals during the previous three months, such inspector may request such person (who shall comply with such request) to inform him— (
the vendor, and (c) if he so sold any cereals, particulars thereof and the name and address
the purchaser, and (d) if he has so milled any cereals, the quantity thereof, and the name and address
every person for whom he has milled such cereals. FIRST SCHEDULE. STANDARD PRICE FOR WHEAT PURCHASED FROM GROWERS DURING THE SALE SEASON. Ref. No. Grades
Wheat Price per Barrel s. d. 1 First Grade 55 0 2 Second Grade 54 0 3 Third Grade 52 0 SECOND SCHEDULE. PRICES AT WHICH ARTIFICIALLY DRIED WHEAT HAVING A MOISTURE CONTENT NOT EXCEEDING 16½ PER CENT. MAY BE SOLD BY LICENSED WHEAT DEALERS. Ref. No. Classes
Wheat Price per Barrel
which does not exceed 15 per cent. 62 6 2 Wheat the moisture content
which exceeds 15 per cent., but does not exceed 15½ per cent. 61 9 3 Wheat the moisture content
which exceeds 15½ per cent., but does not exceed 16 per cent. 60 9 4 Wheat the moisture content
which exceeds 16 per cent., but does not exceed 16½ per cent. 59 9 THIRD SCHEDULE. PRICES AT WHICH
Wheat Price per Barel
not less than 6 tons Price per barrel when sold in lots
less than 6 tons but not less than 3 tons Price per barrel when sold in lots
less than 3 tons but not less than 1 ton Price per barrel when sold in lots
less than 1 ton but not less than 1 barrel Price per stone when sold in los
less then 1 barrel
Barley Price per Barrel
ficial Seal, this 8th day
August, 1947. (Signed) PATRICK SMITH, Minister for Agriculture. Privacy Statement Accessibility European Legislation Identifier (PDF) Open Data License Ráiteas Príobháideachais Inrochtaineacht Aitheantóir Eorpach Reachtaíochta (ELI) Ceadúnas Sonraí Oscailte Liosta Fianán © Government
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