Pigs and Bacon Act, 1935

Pigs and Bacon Act, 1935 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 1935 Pigs and Bacon Act, 1935 Pigs and Bacon Act, 1935 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 24 of 1935. PIGS AND BACON ACT, 1935. ARRANGEMENT OF SECTIONS PART I. Preliminary and General. Section 1. Short title and commencement. 2. Definitions. 3. Service of documents. 4. Expenses of the Minister. PART II. Regulation of the Business of Curing Bacon and of the Consignment (Including Exportation) of Bacon. Preliminary and General. 5. Definitions for purposes of Part II. 6. The appointed day. 7. Prosecutions under Part II. 8. Regulations under Part II. 9. Collection and disposition of fees. Registration of Minor Curers and Pork Butchers. 10. Register of minor curers and register of pork butchers. 11. Application for registration. 12. Registration of persons and premises. 13. Fees on applications. 14. Conditions of registration in register of pork butchers. 15. Returns by and fees payable by registered persons. 16. Inspection of registered premises. 17. Records to be kept at registered premises. 18. Change of registration on death or transfer of business. 19. Cancellation of registration. 20. Provisions in relation to registers. Licensing of Persons Engaged in the Business of Curing Bacon. 21. Applications for curing licences and curing and slaughtering licences. 22. Operation of licences. 23. Construction of references to licences, licensees, etc. 24. Grant of licences. 25. Fees on applications for licences. 26. Provisional licences. 27. Evidence. 28. Fees payable by licensees. 29. Devolution of licence on death and transfer of licence. 30. Alteration and revocation of licences. 31. Notification of grant and revocation of licences to Bacon Marketing Board and Pigs Marketing Board. 32. Returns under Part II by licensees. 33. Returns under Part II by licensees. 34. Publication of contents of registers and grant of licences, etc. 35. Record of licences. 36. Inspection of premises, etc. 37. special provisions where notice requires repair, etc., of premises. 38. Prohibition of employment of certain persons on licensed premises. 39. Rates of wages and conditions of employment at licensed premises. Prohibition of Curing Bacon for Sale by Persons, other than Registered Minor Curers, Registered Pork Butchers, and Licensees. 40. Restriction on curing bacon for sale. Regulations as to the Slaughter of Pigs, Production of Bacon, etc., at Licensed Premises. 41. Regulations as to the slaughter of pigs. 42. Regulations for the dressing of carcases. 43. Regulations for the production of bacon. 44. Regulations as to condition of bacon at the time of consignment. 45. Regulations for the packing of bacon. 46. Regulations for the conveyance of bacon. Veterinary Examination and Certification of Pigs, Carcases, and Bacon. 47. Veterinary examiners. 48. Assistants to veterinary examiners. 49. Deputy veterinary examiners. 50. Appointment of veterinary examiners to licensed premises. 51. Bacon (production from carcases of pigs slaughtered in licensed slaughtering premises) order. 52. Veterinary examination regulations. 53. Veterinary examination of pigs, carcases and bacon at licensed premises. 54. Regulations for the marking of carcases and bacon by veterinary examiners. 55. Marking of carcases by veterinary examiners. 56. Marking of bacon by veterinary examiners. 57. Consignment certificates. 58. Disposal of carcases, bacon and offals, unfit for human consumption. 59. Notification of disease by veterinary examiner. 60. Veterinary officer of local authority acting as veterinary examiner. 61. Veterinary inspectors. Regulations for the Marketing of Bacon by Licensees. 62. Regulations for the marking of bacon by licensees. Grading of Bacon Produced in Licensed Premises. 63. Grading of bacon produced in licensed premises. Reception of Bacon into Licensed Premises. 64. Restriction on reception of bacon into licensed premises. Restriction on Export of Bacon and on Consignment of Bacon from Licensed Premises. 65. Restriction on export of bacon. 66. Restriction on the consigning of bacon from licensed premises. 67. Application of Customs Acts. Powers of Inspectors. 68. Powers of inspectors. Miscellaneous Provisions. 69. Reduction of exporters half-yearly fees payable by licensed pork exporters under the Agricultural Produce (Fresh Meat) Act, 1930. 70. Classification and grading of carcases. 71. Marking instruments and forms of consignment certificates. 72. Provisions in relation to other Acts. PART III. Regulation of Production and Sale of Bacon. 73. Definitions for purposes of Part III. 74. Constitution of the Bacon. Marketing Board. 75. The Chairman of the Bacon Marketing Board. 76. Panels of large, medium, and small curers. 77. Number of ordinary members to be elected by different classes of curers and dates of election. 78. Election of ordinary members and substitutive members. 79. Provisions in relation to meetings to elect ordinary members and substitutive members. 80. Conduct of elections of ordinary members and substitutive members. 81. Establishment of the Bacon Marketing Board. 82. Term of office of ordinary members and substitutive members. 83. Resignation and disqualification of ordinary members and substitutive members. 84. Filling of casual vacancies amongst ordinary members of the Bacon Marketing Board. 85. Substitutive member acting for ordinary member. 86. Remuneration of members of the Bacon Marketing Board. 87. Offices and staff of the Bacon Marketing Board. 88. Civil servants seconded to the Bacon Marketing Board. 89. Prohibition on disclosure of information by members and officers of the Bacon Marketing Board. 90. Procedure of the Bacon Marketing Board. 91. Meetings of the Bacon Marketing Board. 92. Determination of questions by the Bacon Marketing Board. 93. Minutes of meetings of the Bacon, Marketing Board. 94. The seal of the Bacon Marketing Board. 95. Accounts, records and reports of the Bacon Marketing Board. 96. Loans by the Minister to the Bacon Marketing Board. 97. The Bacon Marketing Fund. 98. Production periods and quotas. 99. Allotment of production quota amongst licensed premises. 100. Penalty for underproduction of bacon. 101. Penalty for over-production of bacon. 102. Sale periods and quotas. 103. Allotment of sale quota amongst licensed premises. 104. Penalty for consigning bacon in excess of sales sub-quota. 105. Cold-storing of bacon. 106. Restriction on removal of bacon placed in a cold store. 107. Compulsory purchase of bacon by the Bacon Marketing Board from licensees. 108. Production of bacon by the Bacon Marketing Board. 109. Other powers of the Bacon Marketing Board. 110. Inspection of licensed premises, etc., by authorised officers of the Bacon Marketing Board. 111. Levy in respect of carcases used for production of bacon. 112. Returns under Part III by licensees and registered minor curers. 113. Records under Part III. 114. Regulations by the Bacon Marketing Board. 115. Prosecutions under Part III. PART IV. Regulation of Prices of pigs and Carcases. 116. Definitions for purposes of Part IV. 117. Constitution of the Pigs Marketing Board. 118. The Chairman of the Pigs Marketing Board. 119. The ordinary members of the Pigs Marketing Board. 120. Election of curer members of Pigs Marketing Board. 121. Nomination of producer members. 122. Establishment of the Pigs Marketing Board. 123. Term of office of ordinary members. 124. Resignation and disqualification of ordinary members of Pigs Marketing Board. 125. Filling of casual vacancies amongst ordinary members of Pigs Marketing Board. 126. Appointment of substitute for ordinary member temporarily incapacitated. 127. Additional provisions in relation to producer members. 128. Remuneration of members of the Pigs Marketing Board. 129. Offices and staff of the Pigs Marketing Board. 130. Civil servants seconded to the Pigs Marketing Board. 131. Prohibition on disclosure of information by members and officers of the Pigs Marketing Board. 132. Procedure of the Pigs Marketing Board. 133. Meetings of the Pigs Marketing Board. 134. Determination of questions by the Pigs Marketing Board. 135. Minutes of meetings of the Pigs Marketing Board. 136. The seal of the Pigs Marketing Board. 137. Accounts, records and reports of the Board. 138. Loans by the Minister to the Pigs Marketing Board. 139. The Pigs Marketing Fund. 140. Price Orders. 141. Freight allowance. 142. Buying allowance. 143. Insurance allowance. 144. Restriction on price of pigs and carcases. 145. Manner of ascertaining weight of pigs and carcases. 146. Purchase of surplus pigs by the Pigs Marketing Board and disposal of such pigs. 147. Payments by licensees and registered minor curers to the Pigs Marketing Board and by the Pigs Marketing Board to licensees and registered minor curers in certain cases. 148. Other powers of the Pigs Marketing Board. 149. Inspection of licensed premises, etc., by authorised officers of the Pigs Marketing Board. 150. Levy payable by licensees to Pigs Marketing Board. 151. Returns by licensees and registered minor curers to Pigs Marketing Board. 152. Records under Part IV. 153. Regulations by the Pigs Marketing Board. 154. Prosecutions under Part IV. Acts Referred to Control of Manufactures Act, 1934 No. 36 of 1934 Local Government Act, 1925 No. 5 of 1925 Agricultural Produce (Fresh Meat) Act, 1930 No. 10 of 1930 Agricultural Produce (Regulation of Export) Act, 1933 No. 26 of 1933 Number 24 of 1935. PIGS AND BACON ACT, 1935. AN ACT TO MAKE PROVISION FOR THE CONTROL AND REGULATION OF THE PRODUCTION AND MARKETING OF BACON AND TO MAKE PROVISION FOR DIVERS MATTERS CONNECTED THEREWITH, INCLUDING THE REGULATION OF THE PRICE OF PIGS. [20th June, 1935.] BE IT ENACTED BY THE OIREACHTAS OF SAORSTÁT EIREANN AS FOLLOWS:— PART I. Preliminary and General. Short Title and Commencement. 1.—(1) This Act may be cited as the Pigs and Bacon Act, 1935. (2) This Act shall come into operation on such day or days as shall be fixed therefor by an Order made by the Minister, either generally or with reference to any particular Part or provision, and different days may be so fixed for different Parts and different provisions of this Act. Definitions. 2.—In this Act— the expression “the Minister” means the Minister far Agriculture; the word “carcase” means the carcase of a pig, whether wholly or partly eviscerated; the word “bacon” includes ham and gammons; the word “offals” means any part of a pig (other than the carcase) which is capable of use for food for human consumption; the expression “the Bacon Marketing Board” means the Bacon Marketing Board to be established under Part III of this Act; the expression “the Pigs Marketing Board” means the Pigs Marketing Board to be established under Part IV of this Act; the expression “local sanitary authority” means a sanitary authority for the purposes of the Public Health (Ireland) Acts, 1878 to 1931; the expression “the local slaughter-house authority” means the local authority having in the place in relation to which the expression is used powers of registering and licensing slaughterhouses; the expression “office hours” means— (a) in relation to any day (not being a Sunday, a bank holiday, or a locally observed holiday or half-holiday) any time between the hours of ten o'clock in the morning and five o'clock in the afternoon during which business is being carried on or work is being done at the premises in relation to which the expression is used; and (b) in relation to any locally observed half-holiday, any time between the hours of ten o'clock in the morning and one o'clock in the afternoon during which business is being carried on or work is being done at the premises in relation to which the expression is used. Service of documents. 3.—(1) Where a document is required or permitted by this Act to be served on any person, such document shall be served on such person in one or other of the following ways, that is to say:— (a) by delivering to such person such document, or (b) by sending such document by post in a prepaid registered letter addressed to such person at the address where he carries on business. (2) For the purposes of this section a body corporate registered in Saorstát Eireann under the Companies Acts, 1908 to 1924, shall be deemed to carry on business at its registered office, and every other body corporate and every unincorporated body shall be deemed to carry on business at its principal office or place of business in Saorstát Eireann. Expenses of Minister. 4.—All expenses incurred by the Minister in carrying this Act into execution shall, to such extent as shall be sanctioned by the Minister for Finance, be paid out of moneys provided by the Oireachtas. PART II. Regulation of the Business of Curing Bacon and of the Consignment (Including Exportation) of Bacon. Preliminary and General. Definitions for purposes of Part II. 5.—In this Part of this Act— the expression “pork butcher” means a person who sells or exposes for sale pork; the word “carcase” when used in relation to a pork butcher does not include the head, feet, or offals of a pig; the word “bacon” when used in relation to a pork butcher means a carcase or any part of a carcase which has been subjected to any process of preservation; the expression “the appointed day” means the day appointed by the Minister under this Part of this Act to be the appointed day for the purposes of this Part of this Act; the expression “the qualifying period” means the period of twelve months ended on the 30th day of April, 1935; the expression “the preliminary period” means the period of two years commencing on the appointed day; the word “inspector” means a person authorised in writing by the Minister to exercise the powers conferred on an inspector by this Part of this Act; the expression “veterinary examiner” means a person appointed by the Minister to be a veterinary examiner for the purposes of this Part of this Act; the expression “veterinary inspector” means an officer of the Minister 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 or imposed on a veterinary inspector by this Part of this Act; the word “prescribed” means prescribed by regulations made under this Part of this Act. The appointed day. 6.—The Minister may by order appoint a day to be the appointed day for the purposes of this Part of this Act. Prosecutions under Part II. 7.—Any offence under any section contained in this Part of this Act may be prosecuted by or at the suit of the Minister as prosecutor. Regulations under Part II. 8.—(1) The Minister may by order make regulations in relation to any matter referred to in this Part of this Act as prescribed. (2) Every regulation made by the Minister under this Act shall be laid before each House of the Oireachtas as soon as may be after it is made, and, if a resolution annulling such regulation is passed by either such House within the next subsequent twenty-one days on which that House has sat after such regulation is so laid before it, such regulation shall be annulled accordingly, but without prejudice to the validity of anything previously done under such regulation. Collection and disposition of fees. 9.—(1) All fees paid to the Minister under this Part of this Act shall be collected in money and taken in such manner as the Minister for Finance may from time to time direct, and shall be paid into or disposed of for the benefit of the Exchequer in accordance with the directions of the Minister for Finance. (2) The Public Offices Fees Act, 1879, shall not apply in respect of any fees payable under this Part of this Act. Registration of Minor Curers and Pork Butchers. Register of minor curers and register of pork butchers. 10.—(1) The Minister shall cause to be kept until the expiration of the preliminary period a register to be called and known as the register of minor curers. (2) The Minister shall cause to be kept a register to be called and known as the register of pork butchers. (3) There shall be entered in every register kept under this section the matters required by this Part of this Act to be entered in such register. Applications for registration. 11.—(1) Any person (in this Act referred to as a qualified minor curer)— (a) who carried on at any premises during not less than eight months in the qualifying period the business of curing bacon, and (b) who during the qualifying period manufactured at such premises less than two thousand two hundred hundredweights of bacon, may, before the appointed day, apply to the Minister to be registered in the register of minor curers in respect of such premises. (2) Any person (in this Act referred to as a qualified pork butcher)— (a) who carried on at any premises during the qualifying period, the business of pork butcher, and (b) who, in the course of such business, during the qualifying period manufactured at such premises bacon from carcases representing not more than fifteen per cent, by weight of the carcases used by him during the qualifying period and dealt with at such premises, and (c) who, during the qualifying period, manufactured at such premises not more than four hundred hundredweights of bacon, may, before the appointed day, apply to the Minister to be registered in the register of pork butchers in respect of such premises. (3) Any person— (a) who carries on at any premises the business of pork butcher, and (b) who is not a qualified pork butcher, and (c) who desires to carry on the business of curing bacon at such premises, may, after the appointed day, apply to the Minister to be registered in the register of pork butchers in respect of such premises. (4) Every application for registration in the register of minor curers or the register of pork butchers shall— (a) be made in the prescribed form and manner and contain the prescribed particulars, and (b) relate to one set of premises only. (5) In making regulations in relation to any matter or thing referred to in this section as prescribed, different regulations may be made in respect of applications for registration in different registers and in respect of applications by qualified pork butchers and persons who are not qualified pork butchers. Registration of persons and premises. 12.—(1) On receipt of an application for registration in the register of minor curers by a qualified minor curer made under and in accordance with the immediately preceding section, the Minister shall enter in such register the name and address of the applicant and particulars of the premises specified in such application in respect of which registration is sought. (2) On receipt of an application for registration in the register of pork butchers by a qualified pork butcher made under and in accordance with the immediately preceding section, the Minister shall enter in such register the name and address of the applicant and particulars of the premises specified in such application in respect of which registration is sought. (3) On receipt of an application for registration in the register of pork butchers by a person who is not a qualified pork butcher made under and in accordance with the immediately preceding section, the Minister may, after consultation with the local slaughter-house authority, enter in such register the name and address of the applicant and particulars of the premises specified in such application in respect of which registration is sought. (4) References in this Act to a registered minor curer and a registered pork butcher shall be construed as references to a person for the time being registered in the register of minor curers and a person for the time being registered in the register of pork butchers respectively. Fees on applications. 13.—(1) Every applicant for registration in the register of minor curers or the register of pork butchers shall pay to the Minister in respect of each application a fee of five pounds, the payment of which shall be a condition precedent to the entertainment of such application by the Minister. (2) Where an application for registration in the register of minor curers or the register of pork butchers is refused by the Minister, the fee paid under this section in respect of such application shall be repaid to the applicant. Conditions of registration in register of pork butchers. 14.—(1) Every persons registered in the register of pork butchers in respect of any premises shall be registered subject to the following conditions (in this section referred to as the conditions of registration of pork butchers), that is to say:— (a) that such person shall not, during any period of twelve months commencing on or after the appointed day, manufacture into bacon at such premises carcases representing more than fifteen per cent. by weight of the carcases used by him during such period and dealt with at such premises, and (b) that such person shall not during any such period manufacture at such premises more than four hundred hundredweights of bacon. (2) If any registered pork butcher fails to comply with the conditions of registration of pork butchers, such pork butcher shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding fifty pounds. Returns by and fees payable by registered persons. 15.—(1) Every person who was, during the whole or any part of any accounting period which falls within the preliminary period, registered in the register of minor curers in respect of any premises shall do both of the following things, that is to say:— (a) send by post to the Minister not later than seven days after the expiration of such accounting period a return, in the prescribed form, showing the number of carcases used for the production of bacon during such accounting period at such premises, and (b) pay to the Minister, in accordance with this section, a fee (in this section referred to as a minor curer's fee) calculated at the rate of two shillings for every carcase used for the production of bacon during such accounting period at such premises. (2) Every person who was, during the whole or any part of any accounting period, registered in the register of pork butchers in respect of any premises shall do both of the following things, that is to say:— (a) send by post to the Minister not later than seven days after the expiration of such accounting period a return, in the prescribed form, showing the quantity (in terms of hundredweights) of pork used for the production of bacon during such accounting period at such premises, and the quantity (in terms of hundredweights) of pork sold as fresh pork during such accounting period, at such premises, and (b) pay to the Minister, in accordance with this section, a fee (in this section referred to as a pork butcher's fee) calculated at the rate of two shillings for every hundredweight of pork used for the production of bacon during such accounting period at such premises. (3) Where— (a) a person is, at the commencement of any accounting period, registered in any register kept in pursuance of this Part of this Act in respect of any premises, and (b) another person claiming through such first-mentioned person is, at the expiration of such accounting period, registered in such register in respect of such premises, such last-mentioned person shall for the purposes of the two immediately preceding sub-sections be deemed to have been registered in such register in respect of such premises during the whole of such accounting period. (4) As soon as may be after the seventh day after the expiration of every accounting period which falls within the preliminary period, the Minister shall make, in respect of every person who was, during such period or any part thereof, registered in the register of minor curers in respect of any premises and who used for the production of bacon any carcases during such period at such premises (whether such person has or has not made the return required by sub-section (1) of this section), a certificate (in this section referred to as a certificate of indebtedness) certifying the amount of the minor curer's fee payable by such person for such period. (5) As soon as may be after the seventh day after the expiration of every accounting period the Minister shall make, in respect of every person who was, during such period or any part thereof, registered in the register of pork butchers in respect of any premises and who used for the production of bacon any pork during such period at such premises (whether such person has or has not made the return required by sub-section (2) of this section), a certificate (in this section also referred to as a certificate of indebtedness) certifying the amount of the pork butcher's fee payable by such person for such period. (6) Every certificate of indebtedness shall be prima facie evidence of all matters purported to be certified therein, and any document purporting to be a certificate of indebtedness issued under this section shall, on production thereof in any proceedings to recover the amount thereby certified to be payable, be deemed, until the contrary is proved, to be a certificate of indebtedness duly issued under this section and shall be admitted in evidence accordingly. (7) Whenever the Minister makes a certificate of indebtedness he shall cause a copy of such certificate to be served on the person to whom such certificate relates, and thereupon the amount of the fee stated in such certificate shall become and be payable by such person to the Minister within seven days after such service of such certificate and shall, at the expiration of such seven days, be recoverable by the Minister from such person as a simple contract debt in any court of competent jurisdiction. (8) If any person— (a) fails to make any return which he is required by this section to make, or (b) makes any such return which is false or misleading in any material respect, such person shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding fifty pounds. (9) Every fee paid to or recovered by the Minister under this section shall be paid into or disposed of for the benefit of the Exchequer in such manner as the Minister for Finance may direct. (10) For the purposes of this section the month commencing on the appointed day and every subsequent month shall be an accounting period. Inspection of registered premises. 16.—(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 any premises entered in the register of minor curers or the register of pork butchers and to inspect such premises and the plant, appliances, and equipment therein and all pigs, pork and bacon in such premises and to observe all or any of the processes used in the business carried on in such premises. (2) Every person who obstructs or impedes an inspector in the exercise of any of the powers conferred on him by this section shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding five pounds. Records to be kept at registered premises. 17.—(1) On and after the appointed day it shall be the duty of every person registered in the register of minor curers or the register of pork butchers in respect of any premises to keep or cause to be kept at such premises the following records, that is to say:— (a) if such premises are entered in the register of minor curers, records of all carcases used for the production of bacon at such premises, or (b) if such premises are entered in the register of pork butchers, records of all pork used for the production of bacon on such premises, and within twenty-four hours after such user to enter or cause to be entered in such records the prescribed particulars thereof, (2) Every record kept in pursuance of this section may be inspected at any time during office hours by an inspector and it shall be the duty of the person liable under this section to keep such record to produce for the inspection of such inspector on demand such record and also all invoices, consignment notes, receipts and other documents (including copies thereof where the originals are not available), reasonably demanded by such inspector for the purpose of verifying any entry in or explaining any omission from such record. (3) If any person liable under this section to keep a record in respect of any premises— (a) fails to keep or cause to be kept such record as is required by this section, or (b) fails to make or cause to be made in such record within the time fixed by this section any entry required by this section to be made therein, or (c) fails to produce or cause to be produced for the inspection of an inspector on demand any record, document, or copy of a document which he is required by this section so to produce, or obstructs any such inspector in the making of such inspection, or (d) makes or causes to be made in such record any entry which is false or misleading in any material particular, such person shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding twenty pounds. (4) For the purposes of this section— (a) inspection of a record or document shall include taking copies thereof or extracts therefrom; and (b) a demand for an inspection of a record required by this section to be kept in respect of any premises, or of any other document reasonably demanded by an inspector under this section for the purpose of verifying any entry in or explaining any omission from such record, shall be deemed to have been duly made to the person liable under this section to keep such record if such demand is made verbally at the premises to any individual in the employment of such person; and (c) a refusal or failure to produce a record required by this section to be kept in respect of any premises, or any other document reasonably demanded by an inspector under this section for the purpose of verifying any entry in or any omission from such record, if made or committed by an individual in the employment of the person liable under this section to produce such record or document shall be deemed to have been made or committed by such person. Change of registration on death or transfer of business. 18.—(1) Where any person registered in any register kept in pursuance of this Part of this Act dies the Minister shall, on the application of the personal representative of such person, insert in the said register the name of such personal representative in lieu of that such person. (2) Where the ownership of any business carried on at premises entered in any register kept in pursuance of this Part of this Act has been transferred to another person, the Minister shall, on the application of such person, insert in such register the name of such person in lieu of that of the person previously registered therein. Cancellation of registration. 19.—(1) Immediately upon the expiration of the preliminary period the registration of every person then registered in the register of minor curers shall be cancelled with effect as from such expiration. (2) Where a registered minor curer is convicted of an offence under any section of this Act or under section 9 of the Control of Manufactures Act, 1934 (No. 36 of 1934), the Minister may cancel the registration of such curer in the register of minor curers or, where such person has been registered in such register in respect of two or more sets of premises, all the registrations in such register of such curer. (3) Where a registered pork butcher is convicted of an offence under any section of this Act or under section 9 of the Control of Manufactures Act, 1934 (No. 36 of 1934), the Minister may cancel the registration of such butcher in the register of pork butchers or, where such butcher has been registered in such register in respect of two or more sets of premises, all the registrations in such register of such butcher. Provisions in relation to registers. 20.—(1) Every register kept in pursuance of this Part of this Act shall be— (a) deemed to be in the proper custody when in the custody of the Minister or of an officer of the Minister authorised in that behalf by the Minister, and (b) admissible in evidence without further proof on production from the proper custody. (2) Conclusive evidence of any entry in any register kept in pursuance of this Part of this Act may be given in any court or any legal proceedings by the production of a copy of such entry purporting to be certified to be a true copy by any officer of the Minister authorised in that behalf, and it shall not be necessary to prove the signature of such officer or that he was in fact such officer or was so authorised. (3) A certificate, purporting to be under the hand of an officer of the Minister authorised in that behalf by the Minister, that any premises specified in such certificate are not entered in a specified register kept in pursuance of this Act shall be conclusive evidence of the matters, so certified, and it shall not be necessary to prove the signature of such officer, or that he was in fact such officer, or was in fact so authorised. (4) Any person may— (a) inspect any register kept in pursuance of this Part of this Act on payment of a fee of one shilling for each inspection; (b) obtain a copy certified in manner hereinbefore mentioned to be a true copy of any entry in any register kept in pursuance of this Part of this Act on payment of a fee of sixpence for each folio of seventytwo words of the copy; (c) obtain such certificate as is hereinbefore mentioned that any specified premises are not registered in a specified register kept in pursuance of this Part of this Act on payment of a fee of two shillings and sixpence for such certificate. Licensing of Persons Engaged in the Business of Curing Bacon. Applications for curing licences and curing and slaughtering licences. 21.—(1) Any person may apply to the Minister for either— (a) a licence (in this Act referred to as a curing licence) to carry on in specified premises the business of curing bacon from the carcases of pigs other than pigs slaughtered in such premises, or (b) a licence (in this Act referred to as a curing and slaughtering licence) to carry on in specified premises the business of curing bacon and also the business of slaughtering pigs. (2) Every application for a licence shall— (a) be made in the prescribed form and contain the prescribed particulars, and (b) relate to one set of premises only. (3) Where— (a) premises are used exclusively for the business of slaughtering pigs; and (b) other premises situate within one mile from such first-mentioned premises are used for the manufacture of bacon from the carcases of pigs slaughtered at such first-mentioned premises; both such premises shall be deemed for the purposes of the immediately preceding sub-section to be one set of premises. (4) In making regulations in relation to any matter or thing referred to in this section as prescribed, different regulations may be made in respect of applications for different kinds of licences. (5) Where an application is made under this section for a licence, the Minister shall cause the premises to which the application relates to be inspected by an inspector. Operation of licences. 22.—(1) Every curing licence shall be expressed and operate to authorise the holder of such licence to carry on in the premises specified in such licence, so long as such licence is in force, the business of manufacturing bacon from the carcases of pigs, other than pigs slaughtered in such premises. (2) Every curing and slaughtering licence shall be expressed and operate to authorise the holder of such licence to carry on in the premises specified in such licence, so long as such licence is in force, the business of manufacturing bacon and also the business of slaughtering pigs. Construction of references to licences, licensees, etc. 23.—In this Act— the word “licence” when used without qualification shall be construed as equivalent to the expression “a curing licence or a curing and slaughtering licence”; the word “licensee” means a person who is the holder of a licence; the expression “licensed curing premises” means premises in respect of which a curing licence is in force; the expression “licensed curing and slaughtering premises” means premises in respect of which a curing and slaughtering licence is in force; the expression “licensed premises” when used without qualification means premises which are either licensed curing premises or licensed curing and slaughtering premises. Grant of licences. 24.—(1) Subject to the provisions of this section, the Minister shall have absolute discretion to grant or refuse to grant an application for a licence. (2) Where— (a) an application is made before the appointed day for a licence in respect of any premises, and (b) the applicant satisfies the Minister that— (i) he was at the date of the passing of this Act carrying on the business of curing bacon, and (ii) he manufactured at such premises, during the qualifying period, not less than two thousand two hundred hundredweights of bacon, the Minister shall, subject however to the provisions of sub-sections (7) and (8) of this section, grant such application. (3) Where— (a) an application is made, after the expiration of the preliminary period and within one month after such expiration, for a licence in respect of any premises, and (b) the applicant was, immediately before such expiration, registered in the register of minor curers in respect of such premises, and (c) the applicant satisfies the Minister that he manufactured at such premises— (i) during not less than forty-five weeks in the first twelve months of the preliminary period, at least one thousand five hundred hundred-weights of bacon, and (ii) during not less than forty-five weeks in the remainder of the preliminary period, at least two thousand two hundred hundred-weights of bacon, the Minister shall, subject however to the provisions of sub-sections (7) and (8) of this section, grant such application. (4) Where— (a) an application is made after the appointed day for a curing and slaughtering licence in respect of any premises, and (b) the applicant is the holder of a curing licence in respect of the whole or any part of such first mentioned premises, the Minister shall, subject however to the provisions of sub-sections (7) and (8) of this section, grant such application, and thereupon such curing licence shall cease to be in force. (5) Where— (a) an application is made at any time by a company, registered under the Companies Acts, 1908 to 1924, or a society registered under the Industrial and Provident Societies Act, 1893, for a licence in respect of any premises, and (b) such company or society satisfies the Minister that the number of its shareholders or members is not less than one thousand and that each shareholder or member is a pig producer in Saorstát Eireann, the Minister shall, subject to the provisions of sub-sections (7) and (8) of this section, grant such licence. (6) Where the Minister proposes after the date of the establishment of the Bacon Marketing Board to grant, otherwise than under sub-sections (3), (4) or (5) of this section, a licence, he shall consult the said Board before granting such licence. (7) The Minister shall not grant a licence unless he is satisfied that the premises to which such licence will relate comply with the following conditions (in this Part of this Act referred to as conditions of cleanliness and suitability of premises) that is to say:— (a) that such premises are structurally suitable and adequate for the volume of business carried on therein at the date of the application for such licence; and (b) that there are in such premises suitable and adequate facilities for the artificial chilling of carcases and parts thereof; and (c) that such premises and the equipment, fittings, and appliances therein are suitable and adequate for the production of bacon and are in a state of cleanliness and good repair; and (d) that there are in such premises suitable and adequate facilities for the sterilisation of equipment, fittings and appliances; and (e) that such premises are situated in such position and used in such manner as to prevent the exposure of pigs, carcases or bacon to any effluvium from any drain, cesspool, refuse heap or other source of contamination; and (f) that such premises are provided with suitable and adequate facilities for the proper disposal of washings and waste; and (g) that there is available on such premises such adequate supply of good and wholesome water as may from time to time be reasonably necessary; and (h) that suitable and adequate facilities are provided in such premises for the veterinary examination of carcases and bacon; and (i) that locked-up accommodation is provided on such premises for the safe custody of certificates, marks, records, and equipment. (8) The Minister shall not grant a curing and slaughtering licence unless he is satisfied that the premises to which such licence will relate comply with the following conditions (in this Part of this Act referred to as conditions of suitability of slaughtering premises) that is to say:— (a) that such premises are structurally suitable for the slaughtering of pigs; and (b) that adequate facilities are provided in such premises for the veterinary examination of pigs ante mortem and post mortem and of the viscera of pigs; and (c) that suitable and adequate facilities are provided in or in respect of such premises for the penning and resting of pigs before slaughter; and (d) that such premises are equipped with the prescribed plant and equipment; and (e) that such premises are provided with suitable and adequate facilities for the proper disposal of blood; and (f) that there are employed in such premises one or more persons skilled in the slaughtering of pigs. (9) The Minister shall, before granting a licence, consult the local slaughter-house authority (if any). (10) Where an application is made before the appointed day for a licence, and the Minister proposes to refuse to grant such licence, the Minister shall send by post to the applicant at his address as stated in the application one fortnight's notice of the Minister's intention to refuse the grant of such licence and of the reasons for such refusal and shall consider any representations made by the said applicant before the expiration of such notice. (11) Where— (a) premises are used exclusively for the business of slaughtering pigs; and (b) other premises situate within one mile from such first-mentioned premises are used for the manufacture of bacon from the carcases of pigs slaughtered at such first-mentioned premises; both such premises shall be deemed for the purposes of sub-section (2) of this section to be one set of premises. Fees on applications for licences. 25.—(1) Every applicant for a licence shall pay to the Minister in respect of each application a fee of ten pounds, the payment of which shall be a condition precedent to the entertainment of such application by the Minister. (2) Where an application for a licence is refused by the Minister, the Minister may, if he thinks fit, repay to the applicant the fee paid under this section in respect of such application. Provisional licences. 26.—(1) Where an application has been duly made for the grant of a licence and the Minister is not satisfied that the premises to which such application relates comply with the conditions of cleanliness and suitability of premises and (where the application is for a curing and slaughtering licence) with the conditions of suitability of slaughtering premises, the Minister may, if he so thinks fit and is satisfied that there are in such premises suitable and adequate facilities for the artificial chilling of carcases and parts thereof, grant to the applicant a provisional curing licence or a provisional curing and slaughtering licence, as the case may require. (2) The provisions of this Part of this Act in relation to the form, operation, recording and revocation of licences, and as to the rights, duties and obligations of licensees under such licences, shall apply to provisional licences granted under this section and to licensees under such licences, but with and subject to the following modifications, that is to say:— (a) every such provisional licence, if not previously revoked, shall expire at the end of twelve months from the grant thereof; (b) the grant of such provisional licence shall not prevent the Minister granting to the licensee thereunder, at or before the expiration thereof, a licence (in this section referred to as a permanent licence) under any section of this Part of this Act other than this section; (c) the grant of a permanent licence to a licensee under a provisional licence which has not expired shall operate as a revocation of such provisional licence. Evidence. 27.—A certificate purporting to be under the hand of an-officer of the Minister, authorised by the Minister in that behalf certifying the matters mentioned in any one of the following paragraphs, that is to say:— (b) that a person named in such certificate was not during a specified period the holder of a curing licence; (b) that a person named in such certificate was not during a specified period the holder of a curing and slaughtering licence; (c) that a person named in such certificate was not during a specified period the holder of a curing licence or a curing and slaughtering licence; (d) that premises specified in such certificate were not during a specified period premises in respect of which a curing licence was in force; (e) that premises specified in such certificate were not during a specified period premises in respect of which a curing and slaughtering licence was in force; shall be conclusive evidence of the matters so certified and it shall not be necessary to prove the signature of such officer or that he was in fact such officer or was so authorised. Fees payable by licensees. 28.—(1) Every person who holds or has held a licence shall, for every half-year during which or any part of which he held such licence, pay to the Minister in respect of such licence a fee (in this section referred to as the bacon curer's fee) calculated at the rate of a prescribed sum (not exceeding sixpence) for every pig or carcase presented, at the premises to which such licence relates, for veterinary examination under this Part of this Act, during such half-year. (2) As soon as may be after the expiration of every half-year the Minister shall ascertain, in respect of every person who during the whole or any part of such half-year held a licence, the amount of the bacon curer's fee payable by such person for such half-year in respect of such licence. (3) Where a licence held by a person is revoked by the Minister under this Part of this Act, the bacon curer's fee payable by such person in respect of such licence for the half-year then current, shall, if the Minister so directs, be ascertained immediately upon such revocation and not under the foregoing sub-section. (4) Where a licence has been held by two or more persons in succession during a half-year, such licence shall, for the purposes of this section, be deemed to have been held during the whole of such half-year by the person who last held the same during such half-year and not to have been held by any other person at any time during such half-year. (5) When and so soon as the amount of any bacon curer's fee has been ascertained under the foregoing provisions of this section, the Minister shall make a certificate (in this section referred to as a certificate of indebtedness) certifying the half-year for which such fee is payable, the person by whom and the premises in respect of which, such fee is payable, and the amount of such fee. (6) Every certificate of indebtedness shall be prima facie evidence of all matters purported to be certified therein and any document purporting to be a certificate of indebtedness issued under this section shall, on production thereof in any proceedings to recover the amount thereby certified to be payable, be deemed until the contrary is proved to be a certificate of indebtedness duly issued under this section and shall be admitted in evidence accordingly. (7) As soon as may be after the making of a certificate of indebtedness, a copy thereof shall be served on the person thereby certified as liable to pay the amount of the bacon curer's fee mentioned therein and immediately upon such service such amount shall become and be payable by such person to the Minister and shall, after the expiration of fourteen days from such service be recoverable by the Minister as a simple contract debt in any court of competent jurisdiction. (8) If any licensee fails or neglects to pay the amount certified by a certificate of indebtedness to be payable by him within four weeks after the service of a copy of such certificate on him, the Minister may revoke the licence in respect of which such amount is payable, but such revocation shall not relieve such person from liability to pay the said amount. (9) In this section the expression “half-year” means a period of six months commencing on any 1st day of January or 1st day of July. (10) Regulations made in relation to any sum referred to in this section as prescribed shall be made with the consent of the Minister for Finance. Devolution of licence on death and transfer of licence. 29.—(1) Whenever an individual who is the licensee under a licence dies, such licence shall devolve upon the legal personal representative of such licensee as part of his personal estate and such legal personal representative shall become and be for all purposes the licensee under such licence. (2) Whenever the premises to which a licence relates have been transferred to or become vested in a person other than the licensee under such licence, the Minister may, if he so thinks fit, on the application of such licensee or the legal personal representative or the liquidator of such licensee, transfer such licence to the person to or in whom the said premises have been transferred or become vested. Alteration and revocation of licences. 30.—(1) The Minister may at any time, upon the application of the licensee under a licence or of the legal personal representative or the liquidator of such licensee, alter or revoke such licence. (2) The Minister may at any time, on his own motion but subject to the provisions of this section, revoke a licence if he is satisfied— (a) that such licence was obtained by fraud or by misrepresentation, or (b) that the premises to which such licence relates have ceased to comply with any of the conditions of cleanliness and suitability of premises or (in the case of a curing and slaughtering licence) with any of the conditions of suitability of slaughtering premises, or (c) that bacon has ceased to be produced in the said premises, or (d) that the licensee under such licence has ceased to be the owner of the said premises and such licence has not been transferred by the Minister to any other person, or (e) that such licensee, if an individual, has died or, if an incorporated body, has been dissolved and such licence has not been transferred by the Minister to another person within three months after such death or dissolution, or (f) that such licensee has been adjudicated a bankrupt, or (g) that in the opinion of the Minister there has been a contravention (whether by way of commission or omission) by such licensee of any of the provisions of this Act or any regulations made under this Act, or (h) that such licensee has been convicted of an offence under section 9 of the Control of Manufactures Act, 1934 , (No. 36 of 1934). (3) Before revoking (otherwise than in accordance with an application in that behalf made under this section) a licence the Minister shall serve a notice in writing on the holder of such licence or his personal representative (if any) or its liquidator (as the case may be) stating his intention to revoke such licence and the reasons therefor, and whenever any such notice is so given the following provisions shall have effect, that is to say:— (a) the Minister shall not revoke such licence until the expiration of one month after the service of such notice, and (b) where any representations are made within seven days after the service of such notice by the person to whom such notice is given, the following provisions shall have effect, that is to say:— (i) the Minister shall consider such representations, and (ii) unless, as a result of such consideration, he decides not to revoke such licence, the Minister, in case such person, within seven days after the service of such notice, requests that an inquiry be held in relation to the matter, shall or, in any other case if he thinks fit so to do, may cause such inquiry to be held, and (iii) where the Minister causes any such inquiry to be held, he shall not revoke such licence until such inquiry has concluded; and (c) the following provisions shall have effect in relation to every inquiry held under this sub-section, that is to say:— (i) the Minister shall appoint a person, being a practising barrister of at least ten years' standing to hold such inquiry, and the person so appointed shall have power to take evidence on oath which he is hereby authorised to administer; (ii) the Minister shall give to the person in relation to whom such inquiry is to be held notice of the time and place of the holding of such inquiry, and such person shall be entitled to appear at such inquiry personally or by counsel or solicitor, and to adduce evidence. (4) There shall be paid to a person appointed to hold an inquiry under the immediately preceding sub-section such remuneration as the Minister, with the consent of the Minister for Finance, shall fix. Notification of grant and revocation of licences to Bacon Marketing Board and Pigs Marketing Board. 31.—(1) Whenever the Minister grants a licence he shall communicate to the Bacon Marketing Board and to the Pigs Marketing-Board the fact of the grant of such licence together with such particulars of such licence as the said Boards may respectively require. (2) Whenever the Minister revokes a licence he shall communicate to the Bacon Marketing Board and to the Pigs Marketing Board the fact of such revocation together with such particulars thereof as he shall think proper. Returns under Part II by licensees. 32.—(1) The Minister may by order make regulations in relation to all or any of the following matters, that is to say:— (a) the returns to be made by holders of licences; (b) the persons to whom such returns are to be made; (c) the times at which such returns are to be made; (d) the forms in which such returns are to be made. (2) Every person, required by regulations made under this section to make any return, who fails or refuses to make such return in accordance in all respects with such regulations, or who makes in any such return any statement which is false or misleading in any material respect, 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 fine not exceeding ten pounds, and, in the case of a second or any subsequent offence, to a fine not exceeding twenty-five pounds. Records under Part II to be kept by licensees. 33.—(1) Every licensee under a licence shall keep or cause to be kept at the premises to which such licence relates such records as the Minister may, in each individual case, consider satisfactory of all consignments of bacon received into and dispatched from such premises, whether such bacon has or has not been produced at such premises, and within twelve hours after the receipt or dispatch of any such consignment shall enter or cause to be entered in such records such particulars as the Minister may require of the bacon comprised therein and the name and address of the person from whom it was received or to whom it was dispatched (as the case may be), and in regard to any consignment dispatched from the premises the route by which the same was consigned. (2) Every record kept in pursuance of this section may be inspected at any time during office hours by an inspector, and it shall be the duty of the person liable under this section to keep such record to produce for the inspection of such inspector on demand such record and also all invoices, consignment notes, receipts and other documents (including copies thereof where the originals are not available) reasonably demanded by such inspector for the purpose of verifying any entry in or explaining any omission from such record. (3) If any person— (a) fails to keep or cause to be kept such record as is required by this section to be kept or caused to be kept by him; or (b) fails to make or cause to be made in such record within the time appointed by this section any entry required by this section to be made by him therein; or (c) fails to produce or cause to be produced for inspection by an inspector on demand any record, document, or copy of a document which he is required by this section to produce or obstructs any inspector in the making of such inspection; or (d) makes or causes to be made in such record any entry which is false or misleading in any material particular, he shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding twenty pounds. (4) For the purposes of this section— (a) inspection of a record or document shall include taking copies thereof or extracts therefrom; and (b) a demand for an inspection of a record required by this section to be kept at any premises, or of any other document reasonably demanded by an inspector under this section for the purpose of verifying any entry in or explaining any omission from such record, shall be deemed to have been duly made to the person liable under this section to keep such record if such demand is made verbally at such premises to any individual in the employment of such person; and (c) a refusal or failure to produce a …