(iii) the weight of maize meal in such package does not exceed the prescribed weight or, if no weight is for the time being prescribed, one stone, or (b) in case such maize meal is sold wholesale by a registered maize miller such maize meal is sold under and in accordance with, a licence granted by the Minister, or (c) such maize meal (being the entire product of grinding maize) forms part of a maize meal mixture or of a compound feeding stuff one of the component parts of which is a maize meal mixture.
\n
(2)The Minister may attach to any licence granted under this section such conditions as he thinks fit and may revoke such licence at any time.
\n
(3)If any person acts in contravention of this section such person shall be guilty of an offence under this section and shall be liable on summary conviction thereof to the penalties mentioned in Part I of the First Schedule to this Act.
\n
Conditions relating to sale of maize meal mixtures by registered maize millers.
\n
82.—(1) It shall not be lawful for any registered maize miller to sell or offer for sale any maize meal mixture unless such maize meal mixture complies with the following specifications, that is to say:— (a) oats (if any) included therein is, if an order under sub-section (3) of this section is not then in force, in one or other of the following forms, that is to say, the entire product derived from grinding oats or the entire product derived from grinding the kernels only of oats, or, if any such order is then in force, in the form required by such order; (b) the amount by weight of oats (if any) included therein in the form of the entire product derived from grinding oats does not exceed the prescribed percentage of such maize meal mixture; (c) in case such maize meal mixture does not include any oats or includes any oats in the form of the entire product derived from grinding oats, the amount by weight of the product derived from grinding maize included therein does not exceed the prescribed percentage of such maize meal mixture; (d) in case such maize meal mixture includes any oats in the form of the entire product derived from grinding the kernels only of oats, the amount by weight of the product derived from grinding maize included therein does not exceed the appropriate prescribed percentage of such maize meal mixture.
\n
(2)The Minister in making regulations in relation to the percentage referred to in paragraph (d) of the immediately preceding sub-section as prescribed shall, by reference to the quantity of oats contained in maize meal mixtures to which the said paragraph (d) applies, divide such maize meal mixtures into such and so many classes as he may think proper, and shall prescribe different percentages in respect of different classes, and the percentage so prescribed in respect of any such class shall for the purposes of the said paragraph (d) be the appropriate prescribed percentage in relation to every maize meal mixture which belongs to such class.
\n
(3)The Minister may from time to time by order require any oats included in a maize meal mixture to be in the form of the entire product derived from grinding the kernels only of oats.
\n
(4)The Minister may by order revoke any order previously made by him under the immediately preceding sub-section.
\n
(5)If any registered maize miller acts in contravention of this section such registered maize miller shall be guilty of an offence under this section and be liable on summary conviction thereof to the penalties mentioned in Part I of the First Schedule to this Act.
\n
Provisions in relation to sale of maize meal mixture.
\n
83.—(1) It shall not be lawful for any person to sell or offer for sale any maize meal mixture unless the following conditions are complied with, that is to say:— (a) such maize meal mixture is contained in a package, and (b) if the weight of maize meal mixture is one hundred weight or more, there is indicated in the prescribed manner on such package particulars of the percentage by weight of each of the component parts of such mixture.
\n
(2)If any person acts in contravention of this section such person shall be guilty of an offence under this section and shall be liable on summary conviction thereof to the penalties mentioned in Part I of the First Schedule to this Act.
\n
Moisture and fibre in maize meal mixture.
\n
84.—(1) It shall not be lawful for any registered maize miller to sell or offer for sale any maize meal mixture prepared by him which contains more than the prescribed percentage (if any) of moisture.
\n
(2)It shall not be lawful for any registered maize miller to sell or offer for sale any maize meal mixture prepared by him which contains more than the prescribed percentage (if any) of fibre.
\n
(3)If any person acts in contravention of this section such person shall be guilty of an offence under this section and shall be liable on summary conviction thereof to the penalties mentioned in Part III of the First Schedule to this Act.
\n
PART VII.
\n
Restrictions on the Importation of Flour, Bread, Wheat, Maize Meal and Certain Feeding Stuffs and on the Exportation of Certain Feeding Stuffs.
\n
Restrictions on importation of flour.
\n
85.—(1) It shall not be lawful for any person to import into Saorstát Eireann any flour or wheaten meal unless— (a) such person is a registered flour importer, and (b) such flour or meal is imported under and in accordance with a licence granted under this Part of this Act by the Minister for Industry and Commerce.
\n
(2)If any person acts in contravention of this section such person shall be guilty of an offence under this section and shall be liable on summary conviction thereof to the penalties mentioned in Part II of the First Schedule to this Act.
\n
(3)An offence under this section may be prosecuted by or at the suit of the Minister for Industry and Commerce as prosecutor.
\n
Restrictions on importation of bread, etc.
\n
86.—(1) It shall not be lawful for any person to import into Saorstát Eireann any bread, buns, biscuits, or other preparations in the manufacture of which flour or meal milled wholly or mainly from wheat is used unless under and in accordance with a licence granted under this Part of this Act by the Minister for Industry and Commerce.
\n
(2)If any person acts in contravention of this section such person shall be guilty of an offence under this section and shall be liable on summary conviction thereof to the penalties mentioned in Part II of the First Schedule to this Act.
\n
(3)An offence under this section may be prosecuted by or at the suit of the Minister for Industry and Commerce as prosecutor.
\n
Restrictions on importation of wheat.
\n
87.—(1) It shall not be lawful for any person to import into Saorstát Eireann wheat unless either— (a) (i) such person is a registered wheat importer, and (ii) such wheat is imported under and in accordance with a licence granted under this Part of this Act by the Minister for Agriculture, or (b) such person is the Minister for Industry and Commerce, or (c) such wheat is imported under and in accordance with a permit granted under this section by the Minister for Agriculture.
\n
(2)Where the Minister for Agriculture is satisfied that any wheat is intended solely for sale or use as seed, he may by permit authorise any person who is not a registered wheat importer, subject to such conditions as he thinks fit to impose to import such wheat either, as the Minister thinks proper, without limit as to time or quantity or either of them or within a specified time or in a specified quantity.
\n
(3)If any person acts in contravention of this section such person shall be guilty of an offence under this section and shall be liable on summary conviction thereof to the penalties mentioned in Part II of the First Schedule to this Act.
\n
(4)An offence under this section may be prosecuted by or at the suit of the Minister for Agriculture as prosecutor.
\n
Restrictions on importation of maize.
\n
88.—(1) It shall not be lawful for any person to import into Saorstát Eireann any maize unless— (a) (i) such person is a registered maize importer, and (ii) such maize is imported under and in accordance with a licence granted under this Part of this Act by the Minister for Agriculture, or (b) such person is the Minister for Agriculture.
\n
(2)If any person acts in contravention of this section such person shall be guilty of an offence under this section and shall be liable on summary conviction thereof to the penalties mentioned in Part II of the First Schedule to this Act.
\n
(3)An offence under this section may be prosecuted by or at the suit of the Minister for Agriculture as prosecutor.
\n
Restrictions on importation of oats, hay and straw.
\n
89.—(1) Subject to the provisions of this section, it shall not be lawful for any person to import into Saorstát Eireann any oats, hay or straw (excluding hay or straw used as a packing material and imported with the goods for the packing of which it is used) unless under and in accordance with a licence granted under this Part of this Act by the Minister for Agriculture.
\n
(2)If any person acts in contravention of this section such person shall be guilty of an offence under this section and shall be liable on summary conviction thereof to the penalties mentioned in Part II of the First Schedule to this Act.
\n
(3)An offence under this section may be prosecuted by or at the suit of the Minister for Agriculture as prosecutor.
\n
(4)Nothing in this section shall be construed as rendering it lawful to import into Saorstát Eireann any hay or straw used as packing material, the importation of which is prohibited under the Diseases of Animals Acts, 1894 to 1932.
\n
Scheduled feeding stuffs.
\n
90.—(1) Each of the articles specified in the Third Schedule to this Act shall be a scheduled feeding stuff for the purposes of this Part of this Act.
\n
(2)The Minister for Agriculture may by order under this section declare that any article (not being already a scheduled feeding stuff) shall be a scheduled feeding stuff for the purposes of this Part of this Act and whenever any such order is made the article to which such order relates shall be a scheduled feeding stuff for the purposes of this Part of this Act.
\n
(3)Every order made under this section shall be laid before each House of the Oireachtas as soon as may be after it is made, and if a resolution annulling such order is passed by either such House within the next subsequent twenty-one days on which that House has sat after such order is so laid before it, such order shall be annulled accordingly but without prejudice to the validity of anything previously done under such order.
\n
Restrictions on importation of scheduled feeding stuffs.
\n
91.—(1) It shall not be lawful for any person to import into Saorstát Eireann any scheduled feeding stuff or any substance (other than an excepted article) used in the preparation of any scheduled feeding stuff unless under and in accordance with a licence granted under this Part of this Act by the Minister for Agriculture.
\n
(2)If any person acts in contravention of this section such person shall be guilty of an offence under this section and shall be liable on summary conviction thereof to the penalties mentioned in Part II of the First Schedule to this Act.
\n
(3)An offence under this section may be prosecuted by or at the suit of the Minister for Agriculture as prosecutor.
\n
(4)Each of the articles specified in sub-paragraphs (b) to (w), both inclusive, of paragraph 7 of the Third Schedule to this Act shall be an excepted article for the purposes of this section, but if the Minister makes an order declaring that any of the said articles shall be a scheduled feeding stuff for the purposes of this Part of this Act, the article to which such order relates shall cease to be an excepted article for the purposes of this section.
\n
Import licences.
\n
92.—(1) The Minister for Industry and Commerce may by licence authorise any person, subject to compliance with such conditions as he thinks fit to impose, to import into Saorstát Eireann any of the articles to which this sub-section applies, either as the said Minister thinks proper, without limit as to time or quantity, or either of them or within a specified time, or in a specified quantity.
\n
This sub-section applies to the following articles, namely:— (a) wheaten flour; (b) wheaten meal; (c) bread; (d) buns; (e) biscuits; and (f) any other preparation in the manufacture of which flour or meal milled wholly or mainly from wheat is used.
\n
(2)The Minister for Agriculture may by licence authorise any person, subject to compliance with such conditions as he thinks fit to impose, to import into Saorstát Eireann any article to which this sub-section applies, either, as the said Minister thinks proper, without limit as to time or quantity, or either of them or within a specified time or in a specified quantity.
\n
This sub-section applies to the following articles, namely:— (a) wheat; (b) maize; (c) maize meal; (d) oats, hay, and straw; and (e) any scheduled feeding-stuff or any substance used in the preparation of any scheduled feeding-stuff.
\n
(3)Any licence granted under this section may be revoked at any time by the Minister by whom it was granted.
\n
Application of Customs Acts.
\n
93.—Articles prohibited to be imported by virtue of this Part of this Act shall be deemed to be included among the goods enumerated and described in the Table of Prohibitions and Restrictions Inwards contained in section 42 of the Customs Consolidation Act, 1876 , and the provisions of that Act, as amended or extended by any subsequent Act, applying to the importation of prohibited or restricted goods, shall apply accordingly.
\n
Restrictions on exportation of certain feeding stuffs.
\n
94.—(1) The Minister for Agriculture may, if he so thinks fit at any time and from time to time, by order, do the following things, that is to say:— (a) prohibit the exportation of any article to which this section applies save under and in accordance with a licence granted under this section by the Minister for Agriculture, and (b) revoke any order previously made by him under this section.
\n
(2)Whenever any order prohibiting the exportation of any article to which this section applies is in force, it shall not be lawful for any person to export any such article.
\n
(3)Any officer of Customs and Excise may detain and seize any article to which this section applies being or attempted to be exported in contravention of this section and for that purpose may open any packet containing or suspected by him of containing any such article and the provisions of the Customs Consolidation Act, 1876 , in relation to the condemnation and disposal of goods seized under that Act shall apply to all articles seized under this section in like manner as if they had been seized under that Act.
\n
(4)This section shall have effect as though it were included in the Customs Consolidation Act, 1876 , and that Act and any Act amending or extending that Act shall apply accordingly, and if any articles the export of which is prohibited by this section are exported in contravention of this section or are brought to any quay or other place for the purpose of being so exported or are waterborne to be so exported, the exporter or his agent shall be liable to the same penalty as that to which a person is liable under section 186 of that Act for illegally importing prohibited goods.
\n
(5)This section applies to the following articles, that is to say:— (a) wheat offals; (b) any other product capable of being used as a feeding stuff for animals.
\n
PART VIII.
\n
Wheat Milling and Grist Milling by the State.
\n
Definitions in relation to Part VIII.
\n
95.—In this Part of this Act— the expression “potential flour mill” means a grain mill which complies with all the following conditions, namely— (a) is not for the time being the subject of a milling licence, and (b) is not a maize mill, and (c) is in the opinion of the Minister for Industry and Commerce suitable for the milling of wheat; the expression “unworked maize mill” means premises which are not entered in the register of maize millers but which are in the opinion of the Minister for Agriculture suitable for the milling of maize.
\n
Information from owners of potential flour mills and unworked maize mills.
\n
96.—(1) The Minister for Industry and Commerce may serve notice in writing on the owner of any potential flour mill requiring such owner to furnish to him within twenty eight days after the service of such notice such particulars in relation to such mill as may be specified in such notice.
\n
(2)The Minister for Agriculture may serve notice in writing on the owner of any unworked maize mill requiring such owner to furnish to him within twenty-eight days after the service of such notice such particulars in relation to such mill as may be specified in such notice.
\n
(3)If any person on whom a notice is served under this section refuses or neglects to furnish the particulars required by such notice, or furnishes any such particulars which are 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 twenty pounds.
\n
(4)A notice under this section may be served by delivering it to the person to whom it is addressed or by sending it by registered post to the person to whom it is addressed at his last known place of abode.
\n
(5)An offence under this section in relation to any notice served under this section may be prosecuted by or at the suit of the Minister by whom such notice was served as prosecutor.
\n
Inspection of potential flour mills and unworked maize mills.
\n
97.—(1) An inspector of the Minister for Industry and Commerce may, upon giving to the owner of a potential flour mill at least one month's notice in writing by registered letter addressed to him at his last known place of abode, enter upon the land on which such mill is situate and inspect such mill.
\n
(2)An inspector of the Minister for Agriculture may, upon giving to the owner of an unworked maize mill at least one month's notice in writing by registered letter addressed to him at his last known place of abode, enter upon the land on which such mill is situate and inspect such mill.
\n
(3)If any person obstructs any inspector in the exercise 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 to a fine not exceeding ten pounds.
\n
(4)An offence under this section in relation to an inspector of the Minister for Industry and Commerce may be prosecuted by or at the suit of that Minister as prosecutor and an offence under this section in relation to an inspector of the Minister for Agriculture may be prosecuted by or at the suit of that Minister as prosecutor.
\n
Acquisition of mills by Ministers.
\n
98.—(1) The Minister for Industry and Commerce may, with the consent of the Minister for Finance acquire, compulsorily or by agreement, any land on which there is situate a potential flour mill together with every right of way, water right or other easement used and enjoyed in connection therewith.
\n
(2)The Minister for Agriculture may, with the consent of the Minister for Finance acquire, compulsorily or by agreement, any land on which there is situate an unworked maize mill together with every right of way, water right or other easement used and enjoyed in connection therewith.
\n
(3)For the purpose of the acquisition of land under this section the Lands Clauses Acts shall be incorporated with this Act subject to the following modifications, that is to say:— (a) the provisions relating to the sale of superfluous land and access to the special Act and section 133 (which relates to land tax and poor's rate) of the Lands Clauses Consolidation Act, 1845 , shall not be incorporated with this Act, and (b) in the construction of this Act and the incorporated Acts, this Act shall be deemed to be the special Act and the Minister acquiring such land shall be deemed to be the promoter of the undertaking, and (c) the bond required by section 85 of the Lands Clauses Consolidation Act, 1845 , shall be under the seal of the Minister acquiring such land and shall be sufficient without the addition of the sureties mentioned in that section.
\n
(4)The price or compensation payable on the acquisition of land under this section and the expenses incurred by the Minister acquiring such land in relation to such acquisition shall, to such extent as shall be sanctioned by the Minister for Finance, be paid out of moneys provided by the Oireachtas.
\n
(5)Land which is subject to a land purchase annuity or the subject of a land purchase agreement or vested or in course of being vested in the Irish Land Commission shall not be acquired under this section without the consent of the Irish Land Commission.
\n
Milling of wheat by the Minister for Industry and Commerce.
\n
99.—The Minister for Industry and Commerce may carry on the business of milling wheat on any land acquired by him under the immediately preceding section and for that purpose may do all or any of the following things, that is to say:— (a) purchase plant, machinery and equipment; (b) purchase wheat; (c) import wheat; (d) sell the produce of any wheat milled at any mill on such land; (e) employ persons to assist in carrying on such business; (f) enter into contracts; (g) do all such other acts and things as he may consider necessary for the carrying on of such business as a commercial undertaking.
\n
Grist milling by the Minister for Agriculture.
\n
100.—The Minister for Agriculture may carry on the business of grist milling on any land acquired by him under this Part of this Act and for that purpose may do all or any of the following things that is to say:— (a) purchase plant, machinery and equipment; (b) purchase maize and home-grown cereals; (c) import maize; (d) sell the produce of any maize or other cereals milled at any mill on such land; (e) employ persons to assist in carrying on such business; (f) enter into contracts; (g) do all such other acts and things as he may consider necessary for the carrying on of such business as a commercial undertaking.
\n
Sale of mills and business by the Ministers.
\n
101.—(1) The Minister for Industry and Commerce or the Minister for Agriculture (as the case may be) may, with the consent of the Minister for Finance, sell any land acquired by him under this Part of this Act and also the good will and stock in trade and other assets of any business carried on by him on such land in pursuance of this Part of this Act at such price as he may think proper.
\n
(2)Any moneys received on a sale 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.
\n
Accounts and audits.
\n
102.—(1) The Minister for Industry and Commerce or the Minister for Agriculture (as the case may be) shall cause to be kept in such form as may be approved by the Minister for Finance in respect of every business carried on by him under this Part of this Act all proper and usual accounts of all moneys received or expended by him, including a capital account, revenue account, profit and loss account and a balance sheet.
\n
(2)The accounts of the Minister for Industry and Commerce or the Minister for Agriculture (as the case may be) in respect of every business carried on by him under this Part of this Act shall at the end of every accounting year for such business be audited and be subject to a report by a duly qualified auditor appointed annually by such Minister with the consent of the Minister for Finance, and the fees of such auditor and the expenses generally of such auditor shall be part of the expenses of carrying on such business.
\n
(3)Upon the completion of an audit under this section of the accounts of a Minister carrying on any business under this Part of this Act, such Minister shall cause a copy of the balance sheet and profit and loss account as passed by the auditor and a copy of the auditor's report to be laid before each House of the Oireachtas.
\n
Profits and losses.
\n
103.—(1) All profits made in carrying on any business under this Part of this Act shall be paid into or disposed of for the benefit of the Exchequer in such manner as the Minister for Finance may direct.
\n
(2)All losses incurred in carrying on any business under this Part of this Act shall be paid out of moneys provided by the Oireachtas.
\n
Expenses under Part VIII.
\n
104.—All expenses incurred in carrying on any business under this Part of this Act shall, to such extent as may be sanctioned by the Minister for Finance, be paid out of moneys provided by the Oireachtas.
\n
FIRST SCHEDULE.
\n
Penalties for certain offences.
\n
PART I.
\n
In the case of a first offence, a fine not exceeding one hundred pounds, or, in the case of a second or any subsequent offence, a fine not exceeding two hundred and fifty pounds or at the discretion of the Court imprisonment for any term not exceeding six months or both such fine and imprisonment.
\n
PART II.
\n
In the case of a first offence, a fine not exceeding fifty pounds, or in the case of a second or any subsequent offence, a fine not exceeding one hundred pounds or at the discretion of the Court imprisonment for any term not exceeding six months or both such fine and imprisonment.
\n
PART III.
\n
In the case of a first offence, a fine not exceeding twenty-five pounds or, in the case of a second or any subsequent offence, a fine not exceeding fifty pounds.
\n
SECOND SCHEDULE.
\n
Standard Prices for Sale (Wheat) Seasons in Cereal Years Commencing on the 1st Day of August, 1933 and 1st Day of August, 1934.
\n
Sale (Wheat) Seasons.
\n
Standard price per barrel of 20 stones. s. d.
\n
Season commencing on 1st day of August, 1933, and ending on 15th day of December, 1933 23 6 Season commencing on 15th day of January, 1934, and ending on 15th day of April, 1934 25 0 Season commencing on 1st day of May, 1934, and ending on 31st day of July, 1934 25 0 Season commencing on 1st day of August, 1934, and ending on 15th day of December, 1934 23 6 Season commencing on 15th day of January, 1935, and ending on 15th day of April, 1935 25 0 Season commencing on 1st day of May, 1935, and ending on 31st day of July, 1935 25 0 THIRD SCHEDULE.
\n
Scheduled Feeding Stuffs.
\n
1.Maize meal.
\n
2.Barley.
\n
3.Malted barley.
\n
4.Rye.
\n
5.Oatmeal.
\n
6.Articles of the nature of a food or medicine for internal use, for the use of horses, mules, jennets, asses, cattle, sheep, swine, goats or poultry, which pass in commerce under the designation of a proprietary or protected trade name.
\n
7.All food for the use of horses, mules, jennets, asses, cattle, sheep, swine, goats or poultry, excluding— (a) wheat, maize, oats, hay, straw, maize meal, barley, malted barley, rye, oatmeal and the articles mentioned at 6; (b) cotton seed in grain; (c) cotton seed cake meal, otherwise cotton seed meal; (d) flax seed in grain, otherwise linseed in grain; (e) linseed cake, linseed cubes, linseed nuts, linseed flakes, and linseed cake meal; (f) earth nuts, otherwise ground nuts; (g) earth nut cake, earth nut cubes, earth nut nuts, earth nut flakes, and earth nut cake meal; (h) coconuts; (i) copra; (j) coconut cake, coconut cubes, coconut nuts, coconut flakes, and coconut cake meal; (k) palm kernels; (l) palm kernel cake, otherwise palm nut cake, palm kernel nuts, palm kernel flakes, and palm kernel meal; (m) soya beans in grain; (n) soya bean cake, soya bean cubes, soya bean nuts, soya bean flakes, and soya bean cake meal; (o) beans in grain (not fresh) including locust beans; (p) peas in grain (not fresh); (q) fish meal and fish meal flakes; (r) meat meal; (s) meat and bone meal; (t) blood meal; (u) alfalfa meal; (v) codliver oil; (w) salt.
\n
Privacy Statement Accessibility European Legislation Identifier (PDF) Open Data License Ráiteas Príobháideachais Inrochtaineacht Aitheantóir Eorpach Reachtaíochta (ELI) Ceadúnas Sonraí Oscailte Liosta Fianán © Government of Ireland. Oireachtas Copyright Material is reproduced with the permission of the Houses of the Oireachtas © Rialtas na hÉireann. Atáirgtear ábhar faoi Chóipcheart le cead ó Thithe an Oireachtais