Dairy Produce Act, 1924

Dairy Produce Act, 1924 Skip to content Disclaimer Feedback Helpdesk Gaeilge Léim go dtí an t-ábhar Séanadh Aiseolas Deasc chabhrach English Gaeilge English Produced by the Office of the Attorney General Táirgthe ag Oifig an Ard-Aighne Home Legislation Acts of the Oireachtas Statutory Instruments Pre-1922 Legislation Constitution External Resources Bills (Houses of the Oireachtas) Iris Oifigiúil / Official Gazette Revised Acts (LRC) Classified List of Legislation (LRC) Translations (acts.ie) Translations (Houses of the Oireachtas) Government Publications for Sale EU Law (EUR-Lex) FAQ Disclaimer Feedback Helpdesk Search Baile Reachtaíocht Achtanna an Oireachtais Ionstraimí Reachtúla Reachtaíocht Réamh-1922 Bunreacht Acmhainní Seachtracha Billí (Tithe an Oireachtais) Iris Oifigiúil Achtanna Athbhreithnithe (CAD) (An Coimisiún um Athchóiriú an Dlí) Liosta Rangaithe Reachtaíochta Aistriúcháin (achtanna.ie) Aistriúcháin (Tithe an Oireachtais) Foilseacháin Rialtais ar Díol Dlí AE (EUR-Lex) CCanna (Ceisteanna Coitianta) Séanadh Aiseolas Deasc chabhrach Cuardach TitleTeideal Year(s) or rangeBliain nó blianta nó raon TypeCineál All Legislation Acts Statutory Instruments Advanced SearchCuardach Casta HomeBaile ActsAchtanna 1924 Dairy Produce Act, 1924 Dairy Produce Act, 1924 Permanent Page URL View by SectionAmharc de réir Ailt View Full ActAmharc ar an Acht Iomlán Bill History Stair Bille Commencement, Amendments, SIs made under the Act Tosach Feidhme, Leasuithe, IRí arna ndéanamh faoin Acht Print Full ActPriontáil an tAcht Iomlán Number 58 of 1924. DAIRY PRODUCE ACT, 1924. ARRANGEMENT OF SECTIONS PRELIMINARY. Section 1. Short title and commencement. 2. Definitions. PART I. CONDITIONS OF CLEANLINESS AND ORDER. 3. Conditions of cleanliness and order. 4. Inspection of premises manufacturing dairy produce. 5. Appointment of arbitrator. 6. Reference of notice to arbitration. 7. Special provisions where notice requires repair, etc., of premises. 8. Regulations in relation to arbitrations. PART II. EXPORT OF BUTTER. 9. Export of butter. 10. Inspection, etc., of butter. 11. Order for examination of butter before export. 12. Licences to export butter. 13. Powers of officers of customs and excise. PART III. REGISTRATION OF PREMISES. 14. Registers to be kept by Minister. 15. Conditions of registration. 16. Regulations applicable to registered creameries. 17. Cream from registered creameries and cream-separating stations. 18. Regulations applicable to registered manufacturing exporters. 19. Regulations applicable to registered butter factories. 20. Regulations applicable to non-manufacturing exporters. 21. Application for registration of premises. 22. Rectification and cancellation of registration. 23. Publication of register, etc. 24. Evidence of contents of registers. 25. Power to inspector to inspect premises and plant. 26. Register to be kept on registered premises. 27. Regulations as to packing butter. 28. Examination and classification of butter. 29. Regulations as to marking butter and packages. 30. Regulations as to pasteurising. 31. Regulations as to plant and machinery. 32. Regulations as to basis of calculation of price of milk and cream. 33. Sale of butter on registered premises. 34. Fees payable in respect of registered premises. PART IV. NATIONAL MARK FOR BUTTER. 35. Establishment of national mark for butter. 36. Duration of licences for use of national mark. 37. Regulations in relation to national mark. 38. Offences in relation to national mark. PART V. MISCELLANEOUS AND GENERAL. 39. Unclean milk and cream. 40. Inspection and sampling of milk and cream. 41. Dirty butter. 42. Meaning and use of word “creamery.” 43. Application of word “creamery” to butter. 44. Analysis of samples. 45. Consultative council. 46. General regulations. 47. Saving clause as to powers under other Acts. 48. Offences. 49. Expenses. FIRST SCHEDULE. Plant and Machinery in Registered Creameries and Cream-separating Stations SECOND SCHEDULE. Plant and Machinery in premises registered in the register THIRD SCHEDULE. FEES Number 58 of 1924. DAIRY PRODUCE ACT, 1924. AN ACT TO MAKE PROVISION FOR THE REGULATION OF THE MANUFACTURE, MARKETING, AND EXPORT OF DAIRY PRODUCE WITH A VIEW TO IMPROVING THE GENERAL STANDARD THEREOF, AND FOR THAT PURPOSE TO MAKE PROVISION FOR THE REGISTRATION AND CONTROL OF PREMISES ENGAGED IN THE MANUFACTURE OR SALE OF DAIRY PRODUCE, AND FOR THE MARKING OF SUCH PRODUCE, AND FOR OTHER MATTERS CONDUCIVE OR INCIDENTAL TO THE OBJECTS AFORESAID. [18th December, 1924.] BE IT ENACTED BY THE OIREACHTAS OF SAORSTÁT EIREANN AS FOLLOWS:— PRELIMINARY. Short title and commencement. 1.—(1) This Act may be cited for all purposes as the Dairy Produce Act, 1924. (2) This Act shall come into operation on such day as may be fixed by an Order of the Minister either generally or with reference to any particular Part of this Act and different dates may be appointed for the coming into operation of different Parts of this Act. Definitions. 2.—In this Act— the expression “the Minister” means the Minister for Lands and Agriculture; the word “butter” means the substance usually known as butter, made exclusively from milk or cream, or both, with or without salt or other preservative, and with or without the addition of colouring matter; the expressions “margarine” and “milk-blended butter” have respectively the same meanings as in the Butter and Margarine Act, 1907; the expression “creamery business” means the business of manufacturing butter from cream which has been separated by means of centrifugal force mechanically applied from the commingled milk supplies of a number of cow-keepers; the expression “creamery butter” means butter which has been manufactured in premises registered in the register of creameries and has not been subsequently blended or re-worked; the expression “cream-separating business” means the business of separating cream by means of centrifugal force mechanically applied from the commingled milk supplies of a number of cow-keepers; the expression “mechanically applied” means applied by machinery driven by any motive power other than human or animal power; the expression “butter factory” means premises on which by way of trade butter is blended, re-worked, or subjected to any other treatment, but not so as to cease to be butter; the expression “butter factory business” means the business of blending and re-working butter or subjecting butter to any other treatment but not such as would cause it to cease to be butter. the expression “register kept in pursuance of this Act” means a register which the Minister keeps or causes to be kept pursuant to this Act and does not include a register kept by a registered proprietor; the word “manufacture” when used in relation to the manufacture of butter in butter factories includes the blending or the re-working of butter or both such blending and re-working; the word “inspector” includes any person authorised in writing (either generally or for a special purpose) by the Minister to exercise all or any of the powers and perform all or any of the duties conferred and imposed on an inspector by this Act; the expression “dairy produce” includes any article of human food made wholly or mainly from milk or from the products or by-products of milk; the word “package” includes any box, case, kiel, keg, firkin, or other receptacle containing or capable of containing butter for transport, and, where the context so requires, includes the contents of such receptacle; the word “wrapper” includes any paper, folder, carton or case used for packing or wrapping a piece of butter; the word “prescribed” means prescribed by regulations made under this Act. PART I. CONDITIONS OF CLEANLINESS AND ORDER. Conditions of cleanliness and order. 3.—(1) On and after the commencement of this Part of this Act all premises in which dairy produce is manufactured for sale (whether such premises are or are not registered under this Act) shall comply with the following conditions, that is to say:— (a) the premises shall be structurally suited for the manufacture of such descriptions of dairy produce as are in fact manufactured therein, and (b) the premises, and the plant and machinery and the appliances and the utensils therein shall be in a state of cleanliness and good repair, and (c) the milk or cream and all other ingredients and materials used in the process of manufacturing dairy produce on the premises shall be clean, and (d) the premises shall be situated in such a position and used in such a manner as to prevent the exposure of the dairy produce manufactured therein or any ingredients or materials used in the process of such manufacture to any effluvium from any drain, cesspool, manure heap, cow-house, pigstye or to other source of contamination, and (e) there shall be available on or reasonably near the premises such adequate supply of good and wholesome water as may from time to time be reasonably necessary. (2) All premises in which dairy produce is manufactured for sale and which are registered in any of the registers kept in pursuance of this Act shall be equipped with appropriate appliances and utensils and with such plant and machinery as are required in respect of those premises by or under Part III. of this Act. (3) Save as is hereinafter excepted, all premises in which dairy produce is manufactured for sale and which are not registered in any of the registers kept in pursuance of this Act shall be provided with such plant and machinery and such appliances and utensils as are requisite for the manufacture of dairy produce of the description manufactured therein. (4) Sub-section (3) of this section shall not apply to premises which comply with all the following conditions, that is to say:— (a) the premises are not registered in any of the registers kept in pursuance of this Act, and (b) the premises are situate on a farm, and (c) all dairy produce manufactured on the premises for sale is so manufactured only from the milk of cows belonging to the occupier of such farm. (5) In this Act the expression “conditions of cleanliness and order” means the requirements of this section in regard to the premises in relation to which that expression is used. Inspection of premises manufacturing dairy produce. 4.—(1) Any inspector (subject to the production by him if so required of his authority in writing as such inspector) may at all reasonable times enter any premises upon which dairy produce is manufactured for sale and may inspect all such portions of those premises as are in any way used for or in connection with such manufacture, and may inspect all plant, machinery, appliances, and utensils used in such manufacture, and also the dairy produce manufactured on the premises and the ingredients and materials used in the manufacture thereof and may take and remove without payment reasonable samples of such dairy produce and of such ingredients and materials. (2) If any person obstructs or impedes any inspector in the exercise of any of the powers conferred on him by this section such person shall be guilty of an offence under this section and shall be liable on summary conviction thereof, in case of a first offence to a penalty not exceeding five pounds, and in the case of a second or any subsequent offence to a penalty not exceeding ten pounds. (3) Where any inspector is satisfied after an inspection under sub-section (1) of this section that any such premises as aforesaid or the dairy produce manufactured therein or any materials or any ingredients used in the manufacture of such dairy produce or any of the plant, machinery, appliances, or utensils therein do not comply with the conditions of cleanliness and order, such inspector may serve a notice in the prescribed form upon the person carrying on on such premises the manufacture of dairy produce for sale requiring such person to do in the manner and time specified in such notice all or any of the things specified therein. (4) Any such notice as aforesaid may require— (a) that the premises or any specified portion thereof be cleansed; (b) that the plant and machinery, or the appliances, or any part thereof and the utensils or any of them used in the premises be cleansed; (c) that the premises or any specified portion thereof be put in a state of good repair; (d) that such structural alterations or additions be made in or to the premises as the notice may specify; (e) that the plant and machinery, or the appliances, or any part thereof and the utensils or any of them used in the premises be put in a state of good repair; (f) that such improvements or additions as the notice may specify be made in or to the plant, machinery, appliances, and utensils used in the premises; (g) that any steps be taken, either generally or as specified, to ensure that the milk or cream and all other ingredients and materials used in the process of manufacturing dairy produce on the premises be clean; (h) that any source of contamination to which the dairy produce manufactured in the premises, or the ingredients and materials thereof, are exposed be removed or rendered innocuous; (i) that there shall be made available an adequate supply of good and wholesome water. (5) Where the name of the person carrying on the manufacture of dairy produce on any premises is not known, any notice under this section in relation to the premises may be addressed to “the person carrying on the manufacture of dairy produce” on the premises without naming him. (6) A notice under this section may be served by delivering the same to the person to whom it is addressed or by leaving the notice on the premises to which it relates or by sending it by post to the person to whom it is addressed at the premises to which it relates. (7) Any person upon whom a notice has been served under this section who fails to comply, in the manner and within the time specified in such notice, or in such notice as amended by the arbitrator, with the requirements thereof as amended (if at all) by the arbitrator and who on the expiration of the time aforesaid continues to carry on on the premises to which such notice relates the business of the manufacture of dairy produce for sale shall (subject to any suspension of the notice under the provision in that behalf hereinafter contained) be guilty of an offence against this section and shall be liable on summary conviction thereof to a penalty not exceeding twenty pounds and to a further penalty not exceeding five pounds for every day on which such default continues. Appointment of arbitrator. 5.—(1) The Executive Council shall appoint a fit and proper person to be standing arbitrator (in this Part of this Act referred to as the arbitrator) for the purposes of this Part of this Act. (2) Every person appointed under this section to be a standing arbitrator shall hold that office for five years from the date of his appointment and no longer, but shall be eligible for re-appointment at the end of his term of office or at any subsequent time. (3) Every person appointed under this section to be a standing arbitrator may be removed from that office at any time by the Executive Council for stated misbehaviour or incapacity, but not otherwise. (4) There shall be paid to the standing arbitrator appointed under this section such remuneration as the Minister, with the sanction of the Minister for Finance, shall determine. (5) If and whenever owing to the incapacity through illness or the absence of the standing arbitrator or the number of arbitrations to be heard it is necessary or expedient that additional arbitrators should be appointed, the Executive Council may appoint one or more additional arbitrators upon such terms and conditions as they shall with the consent of the Minister for Finance think proper, and every such additional arbitrator shall be included in the expression “the arbitrator” as used in this Part of this Act and shall have all the powers and duties conferred or imposed on the standing arbitrator by this Part of this Act. Reference of notice to arbitration. 6.—(1) Any person on whom a notice is served by an inspector under this Part of this Act (other than a notice only requiring any premises, plant, machinery, appliances, or utensils to be cleansed) shall, on payment of the prescribed fees, be entitled to have such notice referred in the prescribed manner to the arbitrator. (2) It shall be the duty of the arbitrator to whom the matter of a notice is referred under this section to inquire into and determine in the prescribed manner the matter of such notice, and to confirm, with or without any addition, omission, or amendment, or to annul such notice. (3) When the matter of a notice is so referred to the arbitrator, the notice shall be deemed to be suspended until the matter is determined by the arbitrator, but if the notice is confirmed by the arbitrator, whether with or without any addition, omission, or amendment, the notice as so confirmed shall take effect as if it had been duly served under this Act on the date of such confirmation. Special provisions where notice requires repair, etc., of. 7.—Where a notice served by an inspector under this Part of this Act on a person carrying on the manufacture of dairy produce for sale requires the premises in which such manufacture is carried on or any part thereof to be put in a state of good repair or requires any structural alterations or additions to be made in or to such premises the following provisions shall apply and have effect, that is to say:— (a) if the person carrying on the manufacture is not the rated occupier of the premises it shall be the duty of such person to communicate the contents of the notice to such rated occupier within three days after the service of the notice, and (b) if the premises are held by the person carrying on the manufacture or by the rated occupier under a lease or other contract of tenancy it shall be the duty of the person carrying on the manufacture to communicate the contents of the notice to the immediate landlord of the premises or his agent within three days after service of the notice, and (c) the person carrying on the manufacture shall, if he has duly complied with the provisions of the foregoing paragraphs of this section so far (if at all) as they are applicable to the case, be at liberty to execute the work required by the notice or by any amendment or addition made therein or thereto by the arbitrator, notwithstanding any covenant, agreement, or condition to the contrary contained in any lease or other contract of tenancy under which the premises are held, and (d) if the matter of such notice is referred to the arbitrator on the application of the person carrying on the manufacture it shall be the duty of such person, if he is not the rated occupier of the premises, to serve on the rated occupier notice of the reference in the prescribed form and within the prescribed time, and, if the premises are held under a lease or other contract of tenancy, to serve on the immediate landlord of the premises or his agent notice of the reference in the prescribed form and within the prescribed time, and (e) where the contents of the notice are required by this section to be communicated to the immediate landlord or his agent, or to the rated occupier, such landlord or rated occupier shall, on payment of the prescribed fees, be entitled to have the matter of the notice referred in the prescribed manner to the arbitrator and thereupon the provisions of this Part of this Act shall apply to the reference in like manner as if it was a reference on the application of the person carrying on the manufacture, save that such landlord or the rated occupier (as the case may be) shall serve on the rated occupier or on the immediate landlord (if any) or his agent (as the case may require) and on the person carrying on the manufacture, notice of the reference in the prescribed form and within the prescribed time, and (f) it shall be the duty of the arbitrator before proceeding with the arbitration, to ascertain whether the person carrying on the manufacture is the rated occupier of the premises, and whether the premises are held under a lease or other contract of tenancy, and to satisfy himself that the provisions of this section relating to the communication of the contents of the notice and the service of other notices have been duly complied with so far as applicable. Regulations in relation to arbitrations. 8.—(1) The Minister may by order make regulations in regard to the practice and procedure generally (including the service of documents) in relation to references to the arbitrator, and in particular in regard to any matter relating to such references as is in this Part of this Act referred to as prescribed, or as being or to be prescribed. (2) Regulations made under this section shall provide for the return, subject to the sanction of the Minister for Finance, to the person applying for the reference of all or any fees paid by him upon a certificate of the arbitrator to the effect that the application was made bona fide, and was not frivolous or vexatious. PART II. EXPORT OF BUTTER. Export of butter. 9.—(1) Subject to the exceptions mentioned in this section, all butter exported from Saorstát Eireann shall be exported only from premises registered in the register of creameries, or the register of manufacturing exporters, or the register of butter factories, or the register of non-manufacturing exporters and shall comply with the following conditions, that is to say:— (a) the butter shall have been packed for export in accordance with the provisions of this Act and any regulations made thereunder, and (b) the butter and also the package containing the butter and any wrapper in which the butter is packed shall be marked with the marks (if any) prescribed by regulations made under this Act, and (c) if the national mark to be established under Part IV of this Act is applied to the butter or the package in which it is contained or any wrapper in which it is packed, the provisions of this Act and any regulations made thereunder in relation to such national mark shall be complied with, and (d) if exported from premises registered in the register of creameries or the register of manufacturing exporters the butter— (i) shall have been packed in those premises and shall not have been removed from the package and wrapper (if any) in which it was so packed, and (ii) shall be clean and shall not contain water in excess of sixteen per cent, nor any noxious colouring matter nor any preservative other than salt of a prescribed description, and (iii) shall be exported direct from the premises aforesaid by the registered proprietor of those premises, and (e) if exported from premises registered in the register of butter factories the butter— (i) shall not, prior to export, be removed from the package or any wrapper in which it was contained when it left the premises, and (ii) shall be clean and shall not contain water in excess of sixteen per cent., and (iii) shall be exported direct from the premises aforesaid by the registered proprietor of those premises, and (f) if exported from premises registered in the register of non-manufacturing exporters, the butter— (i) shall not, prior to export, be removed from the package or any wrapper in which it was contained when it left the premises, and (ii) shall be clean and, if and when so prescribed, shall not contain water in excess of sixteen per cent., and (iii) shall be exported direct from the premises aforesaid by the registered proprietor of those premises. (2) Every person who shall export or attempt to export any butter which does not comply with all the conditions prescribed by the foregoing sub-section shall be guilty of an offence under this section. (3) Every person who shall carry by land or sea for reward any butter which is being or is intended to be exported in contravention of this section shall, if such carrying is done in the course or for the purpose of the exportation of such butter, be guilty of an offence under this section unless such person proves that he did not know and could not reasonably have known that such butter was being exported in contravention of this section. (4) Every person guilty of an offence under this section shall be liable on summary conviction thereof, in the case of a first offence to a fine not exceeding twenty pounds, and in the case of a second or any subsequent offence to a fine not exceeding fifty pounds or, at the discretion of the court, to imprisonment for any term not exceeding six months or to both such fine and imprisonment. (5) This section shall not apply to any butter exported— (a) by means of the parcel post, or (b) in any consignment the total gross weight of which does not exceed the maximum weight for the time being allowed to be sent by the parcel post, or (c) under and in accordance with an exportation licence granted under this Act, or (d) in a package consigned and forwarded through Saorstát Eireann from any place outside Saorstát Eireann to any other such place but not otherwise dealt with in Saorstát Eireann. Inspection, etc., of butter. 10.—(1) Any inspector shall be entitled (subject to the production by him if so required of his authority in writing as such inspector) at all reasonable times to enter upon and have free access to the interior of— (a) any premises registered under this Act or under the Sale of Food and Drugs Acts, 1875 to 1907, or (b) any premises in which butter is sold, or is exposed, kept, or stored for sale, or is stored for preservation by exposure to cold or otherwise, or (c) the premises of any person engaged in the business of carrying goods for reward, or (d) any warehouse or other premises of any person engaged in the business of warehousing goods intended for export or in process of being exported, or (e) any pier, quay, wharf, jetty, dock, or dock premises, or (f) any ship, boat, railway waggon, motor, lorry, cart, or other vessel or vehicle used for the conveyance of goods. (2) Any inspector may inspect any butter, or any package found in any place upon or to which he is entitled under this section to enter or have access or -upon or in any public place, and may open any such package which he reasonably believes or suspects to contain butter, and may take and remove without payment— (a) reasonable samples of any butter found in any such place, whether such butter is or is not contained in a package, and (b) reasonable samples of any wrappers or packing materials in which any such butter is packed, and (c) any one package forming part of a consignment of butter found in any such place. (3) If any person— (a) obstructs or impedes any inspector in the exercise of any of the powers conferred on him by this section, or (b) knowing the name or other particulars of the consignor, consignee, or owner of any butter or of any package which an inspector is entitled to inspect under this section, refuses to give such name or other particulars to such inspector, or (c) wilfully or recklessly gives to such inspector any false or misleading name or other particular of any such consignor, consignee, or owner, such person shall be guilty of an offence under this section and shall be liable on summary conviction thereof, in the case of a first offence to a penalty not exceeding five pounds, and in the case of a second or any subsequent offence to a penalty not exceeding ten pounds. (4) Where any package is taken by an inspector under this section it shall be the duty of such inspector to notify the owner or the consignor and the consignee (if and so far as their names and addresses are known to or can reasonably be ascertained by him) of the taking of such package. (5) If on the examination of any package taken under this section it appears to the Minister that there was a contravention or attempted contravention of any of the provisions of this Act or any regulations made thereunder in relation to the consignment from which the package was taken, the package shall be forfeited to the Minister, and in any other case the package shall be disposed of in accordance with the directions of the owner or the consignor or, in default of such directions, shall be sold and the net proceeds of sale paid to the consignor. (6) Neither the Minister, nor any inspector shall be liable for any loss or damage arising from the lawful exercise by an inspector of any of the powers conferred on him by this section, and no action shall lie against the consignor, or any other person, for or on account of any such loss or damage as aforesaid. Order for examination of butter before export. 11.—(1) The Minister may, if and whenever he is satisfied that such order is necessary or expedient in the interests of the butter industry in Saorstát Eireann, by order (in this section referred to as an examination order) require that all or any particular class of butter proposed to be exported, or all or any butter proposed to be exported from any particular premises or class of premises, or any particular consignment of butter consigned for export, shall before the same is exported be submitted for examination by the prescribed officers with a view to determining whether such butter is suitable for export, and the Minister may by such order prohibit, either absolutely or on failure to comply with conditions, the export of any butter which on such examination is found to be unsuitable for exportation. (2) The Minister may by any examination order or by any subsequent order make regulations in respect of all or any of the matters following, that is to say:— (a) the method of submitting butter to which an examination order applies for examination, including the submission in suitable cases of representative parts only of the butter; (b) the officers by whom the examination is to be made; (c) the method of making the examination and the places in which the same is to be made; (d) the conditions with which the butter must comply in order to be suitable for export; (e) the conditions under which butter found unsuitable for unrestricted export may be exported. (3) An examination order shall remain in force for such period as shall be stated in the order and for such further period as may be prescribed in any subsequent order, and where no such period is stated in the order the order shall remain in force until revoked by the Minister. (4) Any person who shall export or attempt to export any butter in contravention of an examination order or of any regulation made under this section shall be guilty of an offence under this section and shall on summary conviction thereof be liable, in the case of a first offence, to a fine not exceeding twenty pounds, and in the case of a second or any subsequent offence, to a fine not exceeding fifty pounds or, at the discretion of the court, to imprisonment for any term not exceeding six months or to both such fine and such imprisonment. Licences to export butter. 12.—(1) The Minister may, upon the application of any person in the prescribed form and manner and upon payment by that person of the fees specified in the Third Schedule to this Act, grant to such person a licence to export the consignment of butter specified in the licence to such consignee (if any), by such route (if any), and subject to such conditions as are stated in the licence. (2) A licence granted under this section shall operate to authorise the person to whom the same is granted to export in accordance with the terms of the licence, the consignment of butter specified therein. (3) The Minister may at any time before a consignment of butter specified in a licence is actually exported, revoke the licence relating to such consignment. (4) If any person to whom a licence has been granted under this section contravenes any of the terms or conditions contained in such licence, or if any person falsely represents, by means of a mark on the consignment or otherwise, that any consignment of butter is being exported pursuant to any such licence, he shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a penalty not exceeding twenty pounds. (5) There shall be paid to the Minister by every person to whom a licence is granted, the fees specified in the Third Schedule to this Act. Powers of officers of customs and excise. 13.—Officers of customs and excise shall have the like powers in relation to any butter and packages, the export of which is prohibited or restricted by this Act as such officers respectively have by law in relation to other articles the export of which is prohibited or restricted by law. PART III. REGISTRATION OF PREMISES. Registers to be kept by Minister. 14.—(1) The Minister shall cause to be kept— (a) a register (to be called and known as the register of creameries) of premises in Saorstát Eireann in which a creamery business is carried on, and (b) a register (to be called and known as the register of cream-separating stations) of premises in Saorstát Eireann in which a cream-separating business is carried on, and (c) a register (to be called and known as the register of manufacturing exporters) of all premises in Saorstát Eireann not registered in the register of creameries, in which the business of manufacturing butter for export, but not a butter factory business, is carried on, and (d) a register (to be called and known as the register of butter factories) of premises in Saorstát Eireann in which a butter factory business is carried on, and (e) a register (to be called and known as the register of non-manufacturing exporters) of all premises in Saorstát Eireann in which butter is examined and classified for export but is not manufactured, blended, re-worked, or otherwise subjected to any treatment or process. (2) There shall be entered in the said registers in respect of all premises registered therein respectively the following particulars, that is to say:— (a) the full name and description of the person (in this Act referred to as the registered proprietor) carrying on in such premises the business in respect of which the same are registered, and (b) a description of the situation of the premises sufficient to identify the same and the limits and extent thereof. (3) In any case in which a cream-separating business is carried on in any premises on which a creamery business is carried on, such premises shall, subject to the provisions of this Act and of any regulations made thereunder in relation to the registration of premises in the register of creameries, be capable of being registered in the register of creameries, and where such registration takes place such premises or any portion thereof shall not be required to be registered in the register of cream-separating stations. (4) No premises which are, or are required to be, registered under the Sale of Food and Drugs Acts, 1875 to 1907, or which communicate with any such premises otherwise than by a public street or road, shall be capable of being registered in the register of creameries or the register of cream-separating stations or the register of manufacturing exporters or (except in the case of premises registered or required to be registered solely by virtue of sub-section (4) of section 7 of the Sale of Food and Drugs Act, 1899) the register of non-manufacturing exporters. (5) No premises which are themselves used for or which form part of or communicate (otherwise than by a public road or street) with any premises used for the manufacture of or wholesale or retail dealing (otherwise than under a licence granted under this Act) in margarine, margarine cheese, milk-blended butter, or any class of butter except creamery butter shall be capable of being registered in the register of creameries or the register of cream-separating stations. (6) No premises which are themselves used for or which form part of or communicate (otherwise than by a public road or street) with any premises used for the manufacture of or the wholesale or retail dealing (otherwise than under a licence granted under this Act) in margarine, margarine cheese, milk-blended butter, or any class of blended, re-worked, or renovated butter shall be capable of being registered in the register of manufacturing exporters. Conditions of registration. 15.—(1) The Minister shall, before registering any premises in the register of creameries, or the register of cream-separating stations, or the register of manufacturing exporters, or the register of butter factories, be satisfied that the conditions of cleanliness and order are complied with by such premises and that such premises comply with such other conditions for the registration of such premises as are specified in this Act or in any regulations made thereunder. (2) Before registering any premises in the register of creameries the Minister shall be satisfied— (a) that such premises are equipped with efficient plant and machinery of the description specified in the First Schedule to this Act, with such additions and variations (if any) as may be prescribed or as may in any particular case be required or approved of by the Minister, and (b) that such premises are provided with an adequate supply of good and wholesome water, and (c) if any regulation under this Act is for the time being in force requiring premises registered in the register of creameries to be equipped with plant for pasteurising milk or cream or both milk and cream, that the premises are duly equipped with such pasteurising plant as is required by such regulation, and (d) that the creamery business carried on thereon is such that in the ordinary course of such business the quantity of butter produced on each day on which the business is so carried on exceeds fifty-six pounds in weight. (3) Before registering any premises in the register of cream-separating stations the Minister shall be satisfied— (a) that such premises are equipped with efficient plant and machinery of the description specified in the First Schedule to this Act, with such additions and variations (if any) as may be prescribed or as may in any particular case be required or approved of by the Minister, and (b) that such premises are provided with an adequate supply of good and wholesome water, and (c) if any regulation under this Act is for the time being in force requiring premises registered in the register of cream-separating stations to be equipped with plant for pasteurising milk or cream or both milk and cream, that the premises are duly equipped with such pasteurising plant as is required by such regulation, and (d) that the cream-separating business carried on thereon is such that in the ordinary course of such business the quantity of cream separated from milk on each day on which the business is so carried on is sufficient for the manufacture of not less than twenty-eight pounds of butter. (4) Before registering any premises in the register of manufacturing exporters the Minister shall be satisfied— (a) that such premises are equipped with such plant and machinery as may be prescribed or as may in any particular case be required or approved by the Minister, and (b) that such premises are provided with an adequate supply of good and wholesome water, and (c) if any regulation under this Act is for the time being in force requiring premises registered in the register of manufacturing exporters to be equipped with plant for pasteurising milk or cream or both milk and cream, that the premises are duly equipped with such pasteurising plant as is required by such regulation, and (d) that the manufacturing business carried on thereon is such that in the ordinary course of business the quantity of butter produced on each day on which the business is carried on exceeds fifty-six pounds in weight. (5) Before registering any premises in the register of butter factories the Minister shall be satisfied— (a) that such premises are equipped with efficient plant and machinery of the description specified in the Second Schedule to this Act, with such additions and variations (if any) as may be prescribed or as may in any particular case be required or approved of by the Minister, and (b) that such premises are provided with an adequate supply of good and wholesome water, and (c) that the manufacturing business carried on thereon is such that in the ordinary course of such business the quantity of butter produced on each day on which the business is so carried on exceeds fifty-six pounds in weight. (6) The Minister shall before registering any premises in the register of non-manufacturing exporters be satisfied that— (a) the premises are structurally suited for carrying on the business of examining and classifying butter for export and are sufficiently provided with equipment, fittings, and appliances suitable for that business, and (b) the premises and the equipment, fittings, and appliances thereof are in a state of cleanliness and good repair, and (c) the premises contain adequate and suitable accommodation for the carrying on, in accordance with the requirements of this Act and any regulations made thereunder, of the business of examining and classifying butter for export, and (d) the premises are properly equipped with the prescribed appliances and requisites for examining and classifying butter for export and for marking butter and the packages and wrappers (if any) in which it is packed for export, and (e) the premises comply with such other conditions as shall be prescribed. Regulations applicable to registered creameries. 16.—(1) The following regulations shall apply to all premises registered in the register of creameries, that is to say:— (a) all butter manufactured on the premises shall be made from cream which has been separated on the premises by means of centrifugal force applied by mechanical power from the commingled milk supplies of a number of cow-keepers or has been supplied from other premises registered in the register of creameries or from premises registered in the register of cream-separating stations, or when so authorised by the Minister (which authorisation shall not be given unless the Minister is of opinion that there are special or unusual circumstances justifying him in so doing) and subject to the conditions named by the Minister, from a specified cream-separating station situate outside Saorstát Eireann; (b) all matters relating to the manufacture of butter on the premises shall be under the control of a duly qualified manager, and the prescribed particulars of all appointments of such managers shall be notified to the Minister in the prescribed manner; (c) every butter-maker on the premises and every person carrying out tests of milk or cream on the premises for the purpose of determining the percentage of butter-fat therein shall be duly qualified, and the prescribed particulars of all appointments of such butter-makers and persons shall be notified to the Minister in the prescribed manner; (d) butter containing water in excess of sixteen per cent. or any noxious colouring matter or any preservative other than salt of a prescribed description shall not be packed for export, or exported, or consigned for export, in or from the premises; (e) butter containing water in excess of sixteen per cent. or any noxious colouring matter or any preservative other than salt of a prescribed description shall not be packed for sale, or sold, or offered or consigned for sale on or from the premises, except to a butter-factory in Saorstát Eireann, and then only subject to and in accordance with the prescribed conditions and subject to and in accordance with the provisions of the Sale of Food and Drugs Acts, 1875 to 1907; (f) if any regulation under this Act is in force requiring the premises to be equipped with efficient plant for pasteurising milk or cream, or both milk and cream, all milk, cream, or milk and cream (as the case may require) used for the manufacture of butter upon the premises shall be pasteurised; (g) all butter exported from the premises and also every package or wrapper containing the butter shall before it leaves the premises be marked in the prescribed manner with the marks (if any) prescribed by regulations made under this Act; (h) all butter packed on the premises shall be packed only in such manner and in such packages or wrappers as shall be prescribed by regulations made under this Act; (i) no margarine or milk-blended butter, and no oil or fat capable of being used in the adulteration of butter shall be brought on to the premises; (j) save as hereinafter mentioned no butter, other than creamery butter obtained directly from other premises registered in the register of creameries shall be brought on to the premises. (2) If the Minister is satisfied, on the application of the registered proprietor or duly qualified manager of any premises registered in the register of creameries, that owing to a temporary decrease in the quantity of milk or cream supplied to the premises sufficient butter cannot be manufactured on the premises or obtained from other premises similarly registered to meet the immediate requirements of the business of the premises as normally carried on, the Minister may by licence issued by him to the registered proprietor of the premises authorise the bringing on to the premises of butter of such description, in such quantities, during such period, and subject to such conditions as may be specified in the licence: Provided always that while a licence under this sub-section is current in respect of any premises, any licence then in force for the use of the national mark in respect of butter manufactured in those premises shall be suspended. (3) For the purposes of this section a person shall be deemed to be duly qualified for a position only if he either possesses a certificate issued by the Minister of qualification for such position generally or has satisfied the Minister that he is qualified for the particular position. Cream from registered creameries and cream-separating stations. 17.—No cream shall be supplied from any premises registered in the register of creameries or the register of cream-separating stations unless either it was separated from milk on the premises by means of centrifugal force applied by mechanical power from the commingled milk supplies of a number of cow-keepers or was supplied to the premises from other premises registered in the register of creameries or the register of cream-separating stations. Regulations applicable to registered manufacturing exporters. 18.—(1) The following regulations shall apply to all premises registered in the register of manufacturing exporters, that is to say:— (a) all butter manufactured on the premises shall be made from cream which has been separated from milk on the premises or has been supplied from other premises (whether registered or not registered under this Act) subject to such conditions as may be prescribed; (b) all matters relating to the manufacture of butter on the premises shall be under the control of a duly qualified manager, and the prescribed particulars of all appointments of such managers shall be notified to the Minister in the prescribed manner; (c) every butter-maker on the premises and every person carrying out tests of milk or cream on the premises for the purpose of determining the percentage of butter-fat therein shall be duly qualified, and the prescribed particulars of all appointments of such butter-makers and persons shall be notified to the Minister in the prescribed manner; (d) butter containing water in excess of sixteen per cent. or any noxious colouring matter or any preservative other than salt of a prescribed description, shall not be packed for export, or exported, or consigned for export, in or from the premises; (e) butter containing water in excess of sixteen per cent. or any noxious colouring matter, or any preservative other than salt of a prescribed description, shall not be packed for sale or sold, or offered or consigned for sale on or from the premises, except to a butter-factory in Saorstát Eireann, and then only subject to and in accordance with the prescribed conditions and subject to and in accordance with the provisions of the Sale of Food and Drugs Acts, 1875 to 1907; (f) if any regulation under this Act is in force requiring the premises to be equipped with efficient plant for pasteurising milk or cream, or both milk and cream, all milk, cream, or milk and cream (as the case may require) used for the manufacture of butter upon the premises shall be pasteurised; (g) all butter exported from the premises and also every package or wrapper containing the butter shall before it leaves the premises be marked with the marks (if any) prescribed by regulations made under this Act; (h) all butter packed on the premises shall be packed only in such manner and in such packages or wrappers as shall be prescribed by regulations made under this Act; (i) no margarine or milk-blended butter, and no oil or fat capable of being used in the adulteration of butter shall be brought on to the premises; (j) save as hereinafter mentioned no butter, other than butter obtained directly from other premises registered in the register of manufacturing exporters shall be brought on to the premises; (k) the premises shall not be registered in the register of creameries. (2) If the Minister is satisfied, on the application of the registered proprietor or duly qualified manager of any premises registered in the register of manufacturing exporters, that owing to a temporary decrease in the quantity of milk or cream available at the premises sufficient butter cannot be manufactured on the premises or obtained from other premises similarly registered to meet the immediate requirments of the business of the premises as normally carried on, the Minister may by licence issued by him to the registered proprietor of the premises authorise the bringing on to the premises of butter of such description, in such quantities, during such periods, and subject to such conditions as may be specified in the licence: Provided always that while a licence under this sub-section is current in respect of any premises, any licence then in force for the use of the national mark in respect of butter manufactured in those premises shall be suspended. (3) For the purposes of this section a person shall be deemed to be duly qualified for a position only if he either possesses a certificate issued by the Minister of qualification for such position generally or has satisfied the Minister that he is qualified for the particular position. Regulations applicable to registered butter factories. 19.—The following regulations shall apply to all premises registered in the register of butter factories, that is to say:— (a) butter containing water in excess of sixteen per cent. shall not be packed for export, or exported, or consigned for export, in or from the premises; (b) butter containing water in excess of sixteen per cent. shall not be packed for sale, or sold, or offered or consigned for sale on or from the premises, except to a butter factory in Saorstát Eireann, and then only subject to and in accordance with the prescribed conditions and subject to and in accordance with the provisions of the Sale of Food and Drugs Acts, 1875 to 1907; (c) all butter exported from the premises and also every package or wrapper in which such butter is packed shall before it leaves the premises be marked in the prescribed manner with the marks (if any) prescribed by regulations made under this Act; (d) all butter packed on the premises shall be packed only in such manner and in such packages or wrappers as shall be prescribed by regulations made under this Act. Regulations applicable to non-manufacturing exporters. 20.—The following regulations shall apply to all premises registered in the register of non-manufacturing exporters, that is to say:— (a) butter containing water in excess of sixteen per cent, shall not be packed for sale or export or sold or exported or consigned for sale or export on or from the premises except when permitted by regulations made under this Act and then only subject to and in accordance with the prescribed conditions and subject to and in accordance with the provisions of the Sale of Food and Drugs Acts, 1875 to 1907; (b) all butter exported or consigned for export from the premises shall, before it leaves the premises, be examined and classified subject to and in accordance with the prescribed conditions; (c) all butter exported or consigned for export from the premises and also every package and wrapper containing the butter shall before it leaves the premises be marked in the prescribed manner with the marks (if any) prescribed by regulations made under this Act; (d) all butter directly or indirectly obtained or brought from premises registered in the register of creameries or the register of manufacturing exporters or the register of butter factories shall (if exported) be exported without opening or unpacking the package in which it was packed in such premises and without obliterating or altering any marks placed on such package, or on any wrapper or butter therein, in such premises, save to such extent and in such manner as shall be prescribed for the purpose of enabling the provisions of this Act or any regulations made thereunder to be complied with. Application for registration of premises. 21.—(1) Every application for the registration of any premises under this Act, or for the alteration or cancellation of any such registration shall be made in writing in the prescribed form and manner and shall contain the prescribed particulars. (2) Whenever an application has been made under this Act for the registration of any premises, the Minister shall cause such premises to be inspected by an inspector. (3) Every refusal by the Minister of an application for the registration of any premises under this Act shall state the reason for such refusal and no such refusal shall prevent the making of a fresh application in respect of the same premises at any subsequent time. (4) Before refusing any application for the registration of any premises under this Act solely on the ground that the conditions of cleanliness and order are not complied with on the premises, the Minister shall cause an appropriate notice to be served under Part I . of this Act by an inspector in respect of the failure to comply with such conditions and in the event of such notice or, if such notice is amended by the arbitrator under Part I . of this Act, such notice as so amended being complied with or the notice being annulled by the arbitrator under Part I. of this Act, the application for registration shall not be refused on the ground aforesaid. Rectification and cancellation of registration. 22.—(1) The Minister may at any time alter or cancel the registration of any premises under this Act upon the application of the registered proprietor or, in the case of an individual, the personal representative, or, in the case of an incorporated body, the liquidator, of the registered proprietor. (2) The Minister may at any time, without any such application as aforesaid, alter the registration of any premises under this Act in any respect in which such registration appears to him to be erroneous or misleading. (3) The Minister may at any time, without any such application as aforesaid, cancel the registration of any premises registered under this Act if he is satisfied— (a) that the registration of the premises was procured by fraud or by misrepresentation whether fraudulent or innocent; or (b) that the premises have ceased to be eligible for registration in the register in which the same are registered; or (c) that the registered proprietor, if an individual, has died, or, if an incorporated body, has been dissolved, and no other person has, within one month after such death or dissolution, been registered as proprietor in the place of the registered proprietor so dead or dissolved; or (d) that there has been any contravention (whether by way of commission or of omission) of this Act or any regulations made thereunder on the premises; or (e) that the registered proprietor having made a contract for the sale of butter to be exported from premises of which he is the registered proprietor has without reasonable cause failed or omitted to carry out such contract. (4) Before altering or cancelling (otherwise than in accordance with an application in that behalf made under this section) the registration of any premises under this Act, the Minister shall give at least one fortnight's notice in writing of his intention so to cancel or alter such registration to the registered proprietor, and shall consider any representations made before the expiration of such notice by such proprietor, and may if he thinks fit cause an inquiry to be held in relation to the matter. (5) Before altering or cancelling (otherwise than in accordance with an application in that behalf made under this section) the registration of any premises under this Act solely on the ground that the conditions of cleanliness and order are not complied with on the premises, the Minister shall cause an appropriate notice to be served under Part I . of this Act by an inspector in respect of the failure to comply with such conditions, and in the event of such notice or, if such notice is amended by the arbitrator under Part I . of this Act, such notice as so amended being complied with or the notice being annulled by the arbitrator under Part I . of this Act, the registration shall not be altered or cancelled on the ground aforesaid. (6) Where the Minister proposes to cancel the registration of any premises under this Act on the ground mentioned in paragraph (e) of sub-section (3) of this section the registered proprietor may by notice in writing to the Minister require the matter to be referred to arbitration and in such case the following provisions shall apply:— (a) the question whether the registered proprietor has or has not failed or omitted to carry out a contract within the meaning of the said paragraph (e) shall be referred to the decision of an arbitrator or arbitrators appointed for the purpose by the Executive Council; (b) the number of the arbitrators shall be either one or three as the Executive Council shall think proper and the arbitrator or one of the arbitrators (as the case may be) shall be a practising barrister in Saorstát Eireann of not less than twelve years standing; (c) the Minister and the registered proprietor shall be entitled to appear (with or without solicitor and counsel) and be heard by the arbitrators on the question so referred as aforesaid and to adduce evidence thereon; (d) the costs of the arbitration (including the arbitrators; fees) shall be in the discretion of the arbitrators; (e) the decision of the arbitrators shall be final and conclusive and shall not be subject to review by any court; (f) the costs of every such arbitration (including the fee or fees of the arbitrator or arbitrators) shall upon the application of any of the parties thereto be taxed by a Taxing Master of the High Court. Publication of register, etc. 23.—(1) The Minister may publish in such manner as he may think fit— (a) all or any of the matters entered in any register kept in pursuance of this Act; and (b) notice of the cancellation or alteration of the registration of any registered premises; and (c) notice of any conviction for an offence under this Act or any section thereof or any regulation made thereunder. (2) No individual return or part of a return furnished in pursuance of this Act shall be published or disclosed except for the purposes of a prosec …