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S.I. No. 8/1949 - Flour, Wheatenmeal and Bread Order, 1949

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  2. s)or rangeBliain nó blianta nó raon TypeCineál All Legislation Acts Statutory Instruments Advanced SearchCuardach Casta HomeBaile Statutory InstrumentsIonstraimí Reachtúla 1949 S.I. No. 8/1949 - Flour, Wheatenmeal and Bread Order, 1949 S.I. No. 8/1949 - Flour, Wheatenmeal and Bread Order, 1949 AmendmentsLeasuithe S.I. No. 8

1949. FLOUR, WHEATENMEAL AND BREAD ORDER, 1949 I, JAMES M. DILLON, Minister for Agriculture, in exercise

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. This Order may be cited as the Flour, Wheatenmeal and Bread Order,
  3. This Order shall come into operation on the 15th day

January, 1949. 3.—

(1)In this Order— the expression " the Minister " means the Minister for Agriculture ; the word " wheatenmeal " includes wheatmeal and wholemeal derived from wheat ; the word " flour " means flour derived wholly or mainly from wheat ; the expression " standard wheatenmeal " means wheatenmeal produced in the State by the milling

wheat in such manner that no substances are separated in the milling as wheat

fals and that the wheatenmeal so produced represents 100 per cent.

the wheat from which it is derived ; the expression " straight-run flour " means flour produced in the State by running together all the flour streams

a milling plant which is set to produce as flour 85 per cent.

the wheat which is fed to the break rolls ; the expression " milling licence " means a licence granted under section 21

the Agricultural Produce (Cereals) Act, 1933 (No. 7

1933) ; 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 Agricultural Produce (Cereals) Act, 1933 (No. 7

1933), as amended by section 16

the Agricultural Produce (Cereals) Act, 1934 (No. 41

1934) ; the expression " permitted mill " means a mill in respect

which a milling (home-grown wheat) permit has been granted.

(2)Each

the following mills shall be a port mill for the purposes

this Order, that is to say:— (a) any mill situate in the area included within a circle having a radius

five miles and its centre at the principal Post

fice in the City

Dublin ; (b) any mill situate in the area included within a circle having a radius

five miles and its centre at the principal Post

fice in the City

Cork ; (c) any mill situate in the area included within a circle having a radius

five miles and its centre at the principal Post

fice in the City

Limerick ; (d) any mill situate in the area included within a circle having a radius

five miles and its centre at the principal Post

fice in the City

Waterford, and the expression " port mill " shall in this Order be construed accordingly.

(3)References in this Order to selling shall be construed as including references to agreeing or

fering to sell or inviting an

fer to buy. PART II.PROVISIONS RELATING TO FLOUR AND WHEATENMEAL. 4. Except under and in accordance with a permit granted by the Minister, no person shall, in cleaning a bulk

wheat for the purpose

milling, remove from the bulk as screenings, seeds and dust, more than one and a half per cent.

the total weight

the bulk. 5.—

(1)All flour produced at a licensed mill, except flour produced at such mill under and in accordance with a permit granted by the Minister, shall be straight-run flour.
(2)All wheatenmeal produced at a licensed mill, except wheatenmeal produced at such mill under and in accordance with a permit granted by the Minister, shall be standard wheatenmeal.
(3)All flour or wheatenmeal produced at a permitted mill, except flour or wheatenmeal produced at such mill under and in accordance with a permit granted by the Minister, shall be composed

not less than ninety per cent.

the wheat from which it is produced.

(4)Every person who is the holder

a milling licence or a milling (home-grown wheat) permit in respect

a mill shall take all steps necessary for ensuring that the provisions

this Article are complied with in respect

such mill. 6.—

(1)Save in accordance with a permit granted by the Minister, the price to be charged by any person, who is the holder

a milling licence in respect

a mill, for standard wheatenmeal produced at such mill shall not exceed — (

  1. a)in case such mill is a port mill, thirty-eight shillings and three pence per 280 pounds (free on rail) ; (
  2. b)in any other case, thirty-eight shillings and threepence per 280 pounds, together with the cost

freight (such cost being calculated by reference to the transport

a six-ton consignment by the cheapest mode but not exceeding two shillings per 280 pounds) from whichever one

the following ports is nearest to such mill, that is to say, Dublin, Cork, Limerick or Waterford, such standard wheatenmeal being delivered by such person to the purchaser free on rail.

(2)Save in accordance with a permit granted by the Minister, the price to be charged by any person, who is the holder

a milling licence in respect

a mill, for straight-run flour produced at such mill shall not exceed— (

  1. a)in case such mill is a port mill, forty-one shillings and ninepence per 280 pounds (free on rail) ; (
  2. b)in any other case, forty-one shillings and ninepence per 280 pounds, together with the cost

freight (such cost being calculated by reference to the transport

a six-ton consignment by the cheapest mode, but not exceeding two shillings per 280 pounds) from whichever one

the following ports is nearest to such mill, that is to say, Dublin, Cork, Limerick or Waterford, such straight-run flour being delivered by such person to the purchaser free on rail.

(3)Whenever the holder

a milling licence in respect

a mill, which is not a port mill, sells standard wheatenmeal or straight run flour produced at such mill, such holder shall, on the demand in writing

the purchaser, deliver to the purchaser a statement in writing setting out the amount

the price which is referable to the cost

freight mentioned in clause (b)

paragraph

(1)or clause (b)

paragraph

(2), as the case may be,

this article. 7.—

(1)Save under and in accordance with a permit granted by the Minister, a person who is the holder

a milling licence shall not sell any flour other than straight-run flour, and shall not sell any wheatenmeal other than standard wheatenmeal.

(2)A permit granted under Article 7

the Emergency Powers (Wheaten Flour and Wheatenmeal) Order, 1943 (S. R. & O. No. 385

1943), or Article 7

the Emergency Powers (Wheaten Flour, Wheaten Meal and Manufacture

Bread) Order, 1946 (S. R. & O. No. 259

1946), and in force immediately before the commencement

this Order shall continue in force and be deemed to have been granted under this Article. 8. The Minister may, for the purposes

this Part

this Order, from time to time grant permits to holders

milling licences or milling (home-grown wheat) permits and may attach to any permit granted by him such conditons as he thinks proper. 9.—

(1)No person who carries on any business shall, for the purposes

or in course

that business, remove by any means any part

the wheat berry from flour or wheatenmeal, or from any mixture

flour or wheatenmeal with any other commodity.

(2)No person, other than the holder

a milling licence, shall mix for sale or manufacture

bread straight-run flour with any other flour whatever. PART III.PROVISIONS RELATING TO MANUFACTURE

BREAD. 10.—

(1)A person who carries on the business

manufacturing bread for sale shall not, except under and in accordance with a permit under this Article, use, in the manufacture

bread for the purposes

such business,— (a) any flour other than straight-run flour or flour representing 75 per cent.

the wheat from which it is derived, or (b) any wheatenmeal other than standard wheatenmeal.

(2)The Minister may, whenever and so

ten as he thinks fit, grant permits for the purposes

this Article, and may attach to any permit so granted by him such conditions as he thinks fit.

(3)In this Article, the word " bread " includes flour confectionary and biscuits (including ice-cream wafers). PART IV.FLOUR AND WHEATENMEAL PRICES. 11. In this Part

this Order, the word " flour " does not include self-raising flour. 12.—

(1)The maximum price at which wheatenmeal (whether produced within or without the State) may be sold by retail in any county borough shall be— (
  1. a)if the quantity sold is not less than one hundredweight, nineteen shillings per hundredweight, or (
  2. b)if the quantity sold is less than one hundredweight, two shillings and sixpence per stone.
(2)The maximum price at which wheatenmeal (whether produced within or outside the State) may be sold by retail in any place (other than a county borough) shall be— (
  1. a)if the quantity sold is not less than one hundredweight, twenty-one shillings and eight pence per hundredweight, or (
  2. b)if the quantity sold is less than one hundredweight, two shillings and ten pence per stone. 13.—
(1)The maximum price at which flour (whether produced within or outside the State) may be sold by retail in any county borough shall be— (
  1. a)if the quantity sold is not less than one hundredweight, twenty shillings and four pence per hundredweight, or (
  2. b)if the quantity sold is less than one hundredweight, two shillings and eight pence per stone.
(2)The maximum price at which flour (whether produced within or without the State) may be sold by retail in any place (other than a county borough) shall be— (
  1. a)if the quantity sold is not less than one hundredweight, twenty-three shillings per hundredweight, or (
  2. b)if the quantity sold is less than one hundredweight, three shillings per stone. 14. Notwithstanding Article 13

this Order— (a) flour produced under and in accordance with a permit granted for the purposes

paragraph

(1)

Article 5

this Order may be sold by retail at any price not exceeding seven shillings per stone, (b) in a prosecution for an

fence consisting

a contravention

Article 13

this Order, it shall be a good defence if the defendant proves that— (i) either :— (I) he produced the flour under and in accordance with a permit granted for the purposes

paragraph

(1)

Article 5

this Order, or (II) The flour was supplied to him as flour produced under and in accordance with a permit granted for the purposes

paragraph

(1)

Article 5

this Order and he was satisfied, having regard to the colour

the flour, that it was so produced, and (ii) he sold the flour at a price not exceeding seven shillings per stone. 15. This Part

this Order shall apply to flour and wheatenmeal whether sold in containers or otherwise, and the prices mentioned in this Part

this Order shall, where the flour or wheatenmeal is sold in a container, include the cost

the container. PART V.BREAD PRICES. 16. In this Part

this Order :— the expression " batch bread " means bread commonly known as batch bread, that is to say, bread which is not baked in containers and is sold or

fered for sale in loaves

which the outside is not all crust ; the expression " fancy bread " means bread other than :— (a) batch bread, or (b) bread

any

the following proprietary brands ; (

  1. i)Hofda, (
  2. ii)Procea, (iii) Bermaline, (
  3. iv)Thoma, (
  4. v)Halcon, (
  5. vi)Wheta, or (
  6. c)bread

any

the following special brands ; (i) Perfection—produced by Johnston Mooney and O'Brien, Ltd.,

Dublin. (ii) Ideal—produced by Bolands, Ltd.,

Dublin. (iii) Tru-gael—produced by James Rourke

Dublin. (iv) Maltex—produced by Simcox and Sons, Ltd.

Cork. (v) Ormah—produced by Ormond and Ahern, Ltd.

Cork. (vi) Numalt—produced by Richard V. Jago,

Cork. (vii) Sunshine Brown—produced by Peter Lyons,

Drogheda. (viii) Macamalt—produced by Alexander MacArthur,

Sligo. (ix) Brandon—produced by Patrick E. Barry,

Tralee. (x) Abermalt—produced by T. W. Abernethy and Sons, Ltd.,

Castlemartyr, Co. Cork. (xi) Provincial Malt—produced by Joseph Hosford, Ltd.,

Cork, or (

  1. d)sliced pan loaves sold in wrappers, or (
  2. e)bread commonly known as soda bread or soda cake, that is to say, aerated bread containing aerating powders, salt and milk ; the expression " the appointed area " means the area comprising the county borough

Dublin, the county

Dublin (including the borough

Dun Laoghaire), the urban district

Bray and the District Electoral Division

Greystones. 17. The maximum prices at which bread which is batch bread or fancy bread may be sold, when sold under any set

conditions mentioned in the second column

the Schedule to this Order, shall be :— (a) where the bread is sold in the appointed area, the appropriate price specified in the third column

the Schedule to this Order opposite the mention

the relevant set

conditions, and (b) where the bread is sold outside the appointed area, the appropriate price specified in the fourth column

the Schedule to this Order opposite the mention

the relevant set

conditions. 18. Notwithstanding Article 17

this Order :— (a) bread manufactured from flour produced under and in accordance with a permit granted for the purposes

paragraph

(1)

Article 5

this Order may be sold anywhere in the State under a set

conditions mentioned in the second column

the Schedule to this Order at reference number 3, 4, 5, or 6, at any price not exceeding 6d. per lb. (b) in a prosecution for an

fence consisting

a contravention

Article 17

this Order, the sale being under a set

conditions mentioned in the second column

the Schedule to this Order at reference number 3, 4, 5, or 6, it shall be a good defence if the defendant proves that :— (i) either :— (I) he manufactured the bread from flour which he produced under and in accordance with a permit granted for the purposes

paragraph (I)

Article 5

this Order, or (II) he manufactured the bread from flour which was supplied to him as flour produced under and in accordance with a permit granted for the purposes

paragraph

(1)

Article 5

this Order and he was satisfied, having regard to the colour

the flour, that it was so produced, or (III) the bread was supplied to him as bread manufactured from flour produced under and in accordance with a permit granted for the purposes

paragraph

(1)

Article 5

this Order and he was satisfied, having regard to the colour

the bread, that it was so manufactured, and (

  1. ii)he sold the bread at a price not exceeding 6d. per lb. 19. Bread which is batch bread or fancy bread shall not be sold unless it is sold either (
  2. i)in units

less than eight ounces in weight or (ii) in units

one pound or multiples

one pound in weight. SCHEDULE. MAXIMUM PRICES AT WHICH BATCH BREAD OR FANCY BREAD MAY BE SOLD IN UNITS

ONE POUND OR MULTIPLES

ONE POUND IN WEIGHT. Ref. No. Sets

conditions under which batch bread or fancy bread is sold or

fered for sale Maximum prices in the appointed area Maximum prices outside the appointed area

(3)
(4)Batch Bread Fancy Bread Batch Bread Fancy Bread
(1)
(2)Where bread is in units

1-lb. Where bread is in units

multiples

1-lb. Where bread is in units

1-lb. Where bread is in units

multiples

1-lb. 1 When sold wholesale,delivery being taken by the purchaser at the place where the bread is kept by the vendor. 3¼d. less ten per cent. per lb. 31/8d. less ten per cent. per lb. 3½d. less ten per cent. per lb. 3d. less ten per cent. per lb. 3½d. less ten per cent. per lb. 3¾d. less ten per cent. per lb. 2 When sold wholesale,delivery being made by the vendor to the purchaser at some place other than the place where the bread is kept by the vendor. 3¼d. less ten per cent. per lb. 31/8d. less ten per cent. per lb. 3½d. less ten per cent. per lb. 3d. less ten per cent. per lb. 3½d. less ten per cent. per lb. 33/8d. less ten per cent. per lb. 3 When sold retail by the baker thereof in a shop owned by him, delivery being taken by the purchaser at such shop. 3d. per lb. 27/8d. per lb. 3¼d. per lb. 2¾d. per lb 3¼d. per 31/8d. per lb. 4 When sold retail by a person other than the baker thereof in a shop owned by such person, delivery being taken by the purchaser at such shop. 3¼d. per lb. 31/8d. per lb. 3½d. per lb. 3d. per lb 3½d. per lb. 33/8d. per lb. SCHEDULE.—continued. MAXIMUM PRICES AT WHICH BATCH BREAD OR FANCY BREAD MAY BE SOLD IN UNITS

ONE POUND OR MULTIPLES

ONE POUND IN WEIGHT. Ref. No. Sets

conditions under which batch bread or fancy bread is sold or

fered for sale Maximum prices in the appointed area Maximum prices outside the appointed area

(3)
(4)Batch Bread Fancy Bread Batch Bread Fancy Bread
(1)
(2)Where bread is in units

1-lb. Where bread is in units

multiples

1-lb. Where bread is in units

1-lb. Where bread is in units

multiples

1 lb. 5 When sold retail,delivery being made by the vendor to the purchaser at some place other than the place

sale. 3¼d. per lb. 31/8d. per lb. 3½d. per lb. 3d. per lb. 3½d. per lb. 33/8d. per lb. 6 When sold retail from a vehicle owned by the vendor, immediate delivery being taken by the purchaser. 3¼d. per lb. 31/8d. per lb. 3½d. per lb. 3d. per 3½d. per lb. 31/8d. per lb. GIVEN under my

ficial Seal, this 33th day

January, 1949. (Signed) JAMES M. DILLON, 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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