Agricultural Produce (Eggs) Act, 1930
What is this act about?
This law amends the Agricultural Produce (Eggs) Act, 1924, to improve regulations for premises that preserve eggs and to address other aspects of egg sales.
Who it applies to: Farmers and their servants who transport eggs from Saorstát Eireann into Northern Ireland; Exporters and preservers of eggs, and their employees.
At a glance
- Country
- Ireland
- Area of law
- Environment and agriculture
- Articles
- 29
- Source
- irishstatutebook.ie
- Text retrieved
- Explanation updated
What does this act regulate?
- The inspection and export of eggs, including powers for inspectors to detain packages and prohibit export.
- Conditions for registering premises involved in exporting or preserving eggs.
- The marking and handling of preserved eggs.
- The keeping of registers on premises where eggs are preserved.
Who does this act apply to?
- Farmers and their servants who transport eggs from Saorstát Eireann into Northern Ireland.
- Exporters and preservers of eggs, and their employees.
- Carriers involved in the transport of eggs for export.
What are the key points?
- An inspector can detain egg packages and prohibit their export if there's a contravention of the law, extending to 5% of packages in consignments over twenty.
- To register premises for exporting, the applicant or at least one employee must be skilled in testing, grading, and packing eggs.
- The Minister can refuse registration if previous registration for the same premises or proprietor was cancelled.
- The Minister must give at least one fortnight's notice before altering or cancelling a premises' registration, allowing for representations.
Environment and agriculture
Legal text
Legal text
Agricultural Produce (Eggs) Act, 1930 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 1930 Agricultural Produce (Eggs) Act, 1930 Agricultural Produce (Eggs) Act, 1930 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 36 of 1930.
AGRICULTURAL PRODUCE (EGGS) ACT, 1930.
ARRANGEMENT OF SECTIONS PRELIMINARY.
Section
Section 1
Definitions.
Section 2
Construction of the Principal Act and this Act.
Part I.
AMENDMENT OF THE PRINCIPAL ACT.
Section 3
Amendment of section 3 of the Principal Act.
Section 4
Amendment of section 4 of the Principal Act.
Section 5
Additional condition of registration in register of exporters.
Section 6
Reasons for refusal to register premises.
Section 7
Amendment of section 9 of the Principal Act.
Section 8
Cancellation of registration of premises on bankruptcy.
Section 9
Notice of intention to cancel registration of premises.
Section 10
Restriction on use of prescribed marks.
Section 11
Branding of weights on eggs on packages.
Section 12
Amendment of section 17 of the Principal Act.
Section 13
Amendment of section 18 of the Principal Act.
Section 14
Structural alterations of registered premises.
PART II.
THE REGISTER OF PRESERVERS.
Section 15
Avoidance of existing registrations in register of preservers.
Section 16
Conditions of registration of premises in register of preservers.
Section 17
Fees on application for registration in register of preservers.
Section 18
Prohibition of business of preserving eggs in unregistered premises.
Section 19
General regulations for marking preserved eggs.
Section 20
Prohibition of sending or receiving unmarked eggs.
Section 21
Prohibition of removal, etc., of unmarked eggs.
Section 22
Prohibition of removal, etc., of marks from preserved eggs.
Section 23
Register to be kept on premises registered in register of preservers.
Part III.
MISCELLANEOUS AND GENERAL.
Section 24
Prohibition of sale of eggs in certain places.
Section 25
Powers of the Gárda Síochána.
Section 26
Regulations.
Section 27
Expenses.
Section 28
Offences.
Section 29
Short title and citation.
Acts Referred to Agricultural Produce (Eggs) Act, 1924 No. 35 of 1924 Number 36 of 1930.
AGRICULTURAL PRODUCE (EGGS) ACT, 1930.
AN ACT TO AMEND THE AGRICULTURAL PRODUCE (EGGS) ACT, 1924 , TO MAKE FURTHER AND BETTER PROVISIONS IN RELATION TO PREMISES IN WHICH THE BUSINESS OF PRESERVING EGGS IS CARRIED ON, AND TO PROVIDE FOR OTHER MATTERS RELATING TO THE SALE OF EGGS. [23rd December, 1930.] BE IT ENACTED BY THE OIREACHTAS OF SAORSTÁT EIREANN AS FOLLOWS:— Preliminary.
Definitions.
1.—In this Act— the expression “the Minister” means the Minister for Agriculture; the expression “the Principal Act” means the Agricultural Produce (Eggs) Act, 1924 (No. 35 of 1924); the expression “chemical storage” means storage for the purpose of preserving eggs by any process which does not alter the composition of the shells, including storage in any gas, vapour, or gaseous mixture; the word “prescribed” means prescribed by regulations made under the Principal Act or under this Act.
Construction of the Principal Act and this Act.
2.—The Principal Act and this Act shall be read and construed as one Act, and accordingly the expression “this Act” wherever it occurs in the Principal Act shall mean the Principal Act and this Act construed as one Act, and (save where otherwise provided by this Act) expressions and words used in this Act which are also used in the Principal Act have the same meanings in this Act as they respectively have in the Principal Act.
PART I.
Amendment of the Principal Act.
Amendment of section 3 of the Principal Act.
3.—
Section 3
of the Principal Act shall not apply to eggs carried or driven by a farmer or his servants from Saorstát Eireann into Northern Ireland in the course of his business as a farmer.
Amendment of section 4 of the Principal Act.
4.—(1) An inspector, inspecting under section 4 of the Principal Act any eggs or any package in any place, may, in addition to or in lieu of all or any of the things which he is authorised by that section to do, do all or any of the following things, that is to say:— (a) examine any eggs found by him in a package opened by him under the said section, and (b) detain for so long as may be reasonably necessary for the purpose of such examination, the package so opened and all or any other packages (if any) included there with in the same consignment, and (c) give a direction in writing to the carrier prohibiting the export of all packages so detained where it appears to such inspector on such examination that there has been a contravention or an attempted contravention of the Principal Act as amended by this Act or of this Act or of any regulation made under those Acts or either of them in relation to such consignment, and that such contravention or attempted contravention extends, where such consignment consists of not more than twenty packages, to one or more or all of such packages or, where such consignment consists of more than twenty packages, to not less than five per cent, of the packages comprised in such consignment.
(5)
Section 4
of the Principal Act shall be construed and have effect as if— (a) the words “the whole or” were inserted after the word “forming” in paragraph (c) of sub-section (2) thereof; and (b) the words “or reasonable delay” were inserted in sub-section (6) thereof after the word “damage” wherever that word occurs in that sub-section.
Additional condition of registration in register of exporters.
5.—(1) The Minister shall, before registering any premises in the register of exporters, be satisfied (in addition to the matters mentioned in sub-section (3) of section 7 of the Principal Act) that either the applicant for registration of such premises or one person at least employed by him on such premises is skilled in the business of testing, grading, and packing eggs in accordance with the Principal Act and regulations made thereunder.
Reasons for refusal to register premises.
6.—Without prejudice to any other reason for refusal which may arise under the Principal Act or this Act, each of the following shall be a good reason for the refusal by the Minister of an application for the registration of premises in the register of exporters or in the register of preservers, that is to say:— (a) that such premises were previously so registered and such registration was cancelled by the Minister under the Principal Act or this Act, or (b) that the person applying for such registration was previously the registered proprietor of other premises so registered and, while he was such registered owner, the registration of such other premises was cancelled by the Minister under the Principal Act or this Act.
Amendment of section 9 of the Principal Act.
7.—Sub-section (8) of section 9 of the Principal Act shall be construed and have effect and be deemed always to have had effect as if the words “next following the year” were inserted therein after the words “in the year.”
Cancellation of registration of premises on bankruptcy.
8.—Whenever the registered proprietor of any premises registered under the Principal Act or under that Act as amended by this Act is adjudicated a bankrupt, the Minister may cancel the registration of such premises.
Notice of intention to cancel registration of premises.
9.—(1) Before altering or cancelling (otherwise than in accordance with an application in that behalf made under section 10 of the Principal Act) the registration of any premises under the Principal Act or this Act, the Minister shall give at least one fortnight's notice in writing of his intention so to alter or cancel such registration to the registered proprietor of such premises or his personal representative (if any) or its liquidator (as the case may be) and shall consider any representations made before the expiration of such notice by such registered proprietor or personal representative or liquidator (as the case may be) and may, if he thinks fit, cause an inquiry to be held in relation to the matter.
Restriction on use of prescribed marks.
10.—(1) A mark prescribed or assigned under section 15 of the Principal Act for the purpose of indicating the premises on which eggs were packed shall be used and shall be placed on eggs or packages of eggs by the following persons only, that is to say, the registered proprietor for the time being of the registered premises for or to which such mark is prescribed or assigned or some person employed by such proprietor for that purpose, and it shall not be lawful for any other person to use such mark or to place such mark on any eggs or packages of eggs.
Branding of weights of eggs on packages.
11.—(1) Where a package containing eggs is marked with a mark (in this section called the grade mark) prescribed by regulations made under the Principal Act as -the mark for eggs of a particular grade and there is also marked on such package a mark (in this section called the weight mark) intended to indicate or convey that each great hundred of eggs in such package is greater in weight than the weight prescribed as the minimum weight for a great hundred of eggs belonging to the grade indicated by the grade mark, it shall not be lawful for a registered proprietor to export such package unless each great hundred of eggs contained in such package is not less in weight than the weight indicated by the weight mark.
Amendment of section 17 of the Principal Act.
12.—(1) In addition to the powers conferred on an inspector by sub-section (1) of section 17 of the Principal Act, an inspector shall be entitled at all reasonable times to enter any premises registered in the register of exporters or in respect of which an application for registration in such register has been made, and do all or any of the following things, that is to say:— (a) search for eggs on such premises; (b) require the registered proprietor or any person employed by such registered proprietor on such premises to furnish such inspector with such information as to the name and address of any person which such inspector may deem necessary for the purposes of the administration of the Principal Act and this Act.
Amendment of section 18 of the Principal Act.
13.—
Section 18
of the Principal Act shall be construed and have effect as if the following sub-section were inserted therein in lieu of sub-section (1) now contained therein, that is to say:— “(1) Any person who— (a) sells, exchanges, or barters, or offers or exposes for sale, exchange, or barter any eggs which are externally dirty or which are unfit for human consumption, whether such sale, exchange, or barter is or is not made subject to the condition that the eggs shall pass a particular test; or (b) being a person engaged in the egg trade, buys or has in his possession on premises on which he carries on such trade any eggs which are externally dirty or which are unfit for human consumption; or (c) being a person engaged in the egg trade, deposits in any place any eggs which are externally dirty or which are unfit for human consumption; or (d) consigns for sale on commission or otherwise eggs which are externally dirty or which are unfit for human consumption; shall be guilty of an offence under this section and shall be punishable accordingly.”
Structural alterations of registered premises.
14.—(1) It shall not be lawful for any person to make, without the previous approval of the Minister, any structural alterations in any premises registered in the register of exporters or the register of preservers.
PART II.
The Register of Preservers.
Avoidance of existing registrations in register of preservers.
15.—Every registration of premises in the register of preservers existing at the passing of this Act shall, immediately upon such passing, become and be void and of no effect.
Conditions of registration of premises in register of preservers.
16.—The Minister shall, before registering any premises in the register of preservers under the Principal Act, be satisfied that such premises comply with the following conditions, that is to say:— (a) that the premises and the equipment, fittings, and appliances thereof are in a state of cleanliness and good repair, and (b) that the premises contain adequate accommodation for the storage therein of eggs and of packages of eggs in such manner that the eggs and packages so stored are accessible for inspection under the Principal Act as amended by this Act.
Fees on application for registration in register of preservers.
17.—There shall be paid to the Minister by the person applying for the registration of any premises in the register of preservers the fee of one pound and the payment of such fee shall be a condition precedent to the entertainment of the application by the Minister.
Prohibition of business of preserving eggs in unregistered premises.
18.—(1) It shall not be lawful for any person to carry on by way of trade or gain in premises which are not registered in the register of preservers the business of preserving eggs, whether by cold storage, chemical storage, pickling, or otherwise.
General regulations for marking preserved eggs.
19.—The Minister may make regulations (in this Act referred to as the general regulations for the marking of preserved eggs) in relation to all or any of the following matters, that is to say:— (a) the marks to be borne on eggs sent or consigned to or removed from any premises registered in the register of preservers; (b) the mode in and the means by which such marks are to be placed on such eggs; and different marks may be prescribed in respect of different classes of eggs with the object of indicating the manner in which such eggs are intended to be or have been treated in such premises.
Prohibition of sending or receiving unmarked eggs.
20.—(1) Subject to the provisions of this section, it shall not be lawful for any person to send or consign to or deliver at any premises registered in the register of preservers any eggs which at the time of such sending, consigning, or delivery are not marked in accordance with the general regulations for the marking of preserved eggs.
Prohibition of removal, etc., of unmarked eggs.
21.—(1) It shall not be lawful for the registered proprietor of any premises registered in the register of preservers to sell, consign, or otherwise remove from such premises any eggs which do not bear visibly and legibly thereon the marks prescribed by the general regulations for the marking of preserved eggs.
Prohibition of removal, etc., of marks from preserved eggs.
22.—If any person— (a) removes, alters, or obliterates from or on any egg a mark prescribed by the general regulations for the marking of preserved eggs, or (b) sells, exchanges, or barters, or offers or exposes for sale, exchange, or barter any egg from or on which a mark prescribed by the general regulations for the marking of preserved eggs has been removed, altered, or obliterated, he shall, unless he proves that he acted without intent to defraud, be guilty of an offence under this section and be liable on summary conviction thereof, in the case of a first offence, to a fine not exceeding ten pounds and, in the case of a second or any subsequent offence, to a fine not exceeding twenty pounds or, at the discretion of the court, to imprisonment for any term not exceeding three months or to both such fine and such imprisonment.
Register to be kept on premises registered in register of preservers.
23.—(1) It shall be the duty of the registered proprietor of every premises registered in the register of preservers to keep or cause to be kept in such premises a register in the prescribed form of all eggs received at and despatched from such premises and within twelve hours after the reception or dispatch of any such eggs to enter or cause to be entered in such register the prescribed particulars in relation to such eggs.
(5)
Section 13
of the Principal Act shall cease to have effect in relation to premises registered in the register of preservers.
PART III.
Miscellaneous and General.
Prohibition of sale of eggs in certain places.
24.—(1) It shall not be lawful for any person to sell, exchange, or barter, or offer or expose for sale, exchange, or barter, any eggs in a place or under conditions which does or do not afford adequate protection to such eggs against wet, damp, dirt, or contamination of any sort.
Powers of the Gárda Síochána.
25.—(1) A member of the Gárda Síochána shall be entitled at all reasonable times to enter any premises (not being premises registered in the register of exporters or the register of preservers) in which eggs are offered or exposed for sale.
Regulations.
26.—(1) The Minister may by order make regulations in relation to any matter or thing referred to in this Act as prescribed or to be prescribed and which is not prescribed or capable of being prescribed under the Principal Act.
Expenses.
27.—All expenses of carrying this Act into effect shall, to such extent as may be sanctioned by the Minister for Finance, be paid out of moneys provided by the Oireachtas.
Offences.
28.—Every offence under any provision of this Act may be prosecuted by or at the suit of the Minister as prosecutor.
Short title and citation.
29.—This Act may be cited as the Agricultural Produce (Eggs) Act, 1930, and the Principal Act and this Act may be cited together as the Agricultural Produce (Eggs) Acts, 1924 and 1930.
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