Northern Ireland Potatoes Importation Order, 1930.

ORDER OF THE DEPARTMENT OF AGRICULTURE AND TECHNICAL INSTRUCTION FOR IRELAND. 30/04/1930:

NORTHERN IRELAND POTATOES IMPORTATION ORDER, 1930.

(Dated 30th day of April, 1930.)

The Department of Agriculture and Technical Instruction for Ireland, by virtue and in exercise of the powers conferred on them by the Destructive Insects and Pests Acts, 1877 to 1929, and of every other power them in this behalf enabling, do hereby, with the concurrence of the Minister for Agriculture, order as follows :—

RESTRICTIONS ON THE IMPORTATION INTO SAORSTÁT EIREANN OF POTATOES BROUGHT FROM NORTHERN IRELAND.

1. With a view to preventing the introduction into Saorstát Eireann of the fungus Synchytrium endobioticum (Perc.) or Chrysophlyctis endobiotica (Schilb), which causes the disease of potatoes known as Wart Disease or Black Scab, it shall not be lawful for any person to import, or cause to be imported, into any part of Saorstát Eireann any potatoes grown in any of the districts referred to in the First Schedule to this Order.

2. Further, it shall not be lawful for any person to import or cause to be imported into Saorstát Eireann any potatoes placed on rail at any of the Railway Stations specified in the Second Schedule to this Order.

3. (1) The provisions of Article 2 of this Order shall not apply to potatoes sent by rail from the Railway Stations at Ballyward, Ballyroney or Leitrim, in the County of Down ; Stewartstown, in the County Tyrone, which are accompanied by a certificate signed by a duly authorised officer of the Ministry of Agriculture, Northern Ireland, to the effect that the potatoes have been inspected by him and found to be free from Wart Disease (Black Scab), and that they were not grown in any of the districts referred to in the First Schedule to this Order.

(2) The provisions of Article 1 and Article 2 respectively of this Order shall not apply to potatoes placed on rail at any Railway Station in the town of Newry which have been collected, store-dressed and placed in bags bearing an approved seal at potato stores at Mayobridge, Hilltown, Rathfriland or Barnmeen, in the County of Down, and are accompanied by a certificate signed by a duly authorised officer of the Ministry of Agriculture, Northern Ireland, to the effect that the potatoes were inspected by him at one or more of such stores and found to be free from Wart Disease (Black Scab), and that they were not grown in any of the districts described in the First Schedule to this Order.

4. Further, it shall not be lawful for any person to import or cause to be imported into Saorstát Eireann from Northern Ireland any potatoes by road, by either of the following routes, viz.:—

Newry to Dundalk via Killeen,

Newtownhamilton to Dundalk.

This Article shall not apply to potatoes carried or driven in a horse-drawn vehicle by a farmer or his servants in the course of his business as a farmer.

5. And, further, it shall not be lawful for any person, save under and subject to the conditions embodied in a licence issued to such person by the Department, to import or cause to be imported into Saorstát Eireann from Northern Ireland any potatoes loaded on any ship, vessel or craft at the port of Belfast. This provision shall not apply to potatoes placed on rail at Railway Stations in Northern Ireland from which importation by rail is permissible under this Order, provided that the potatoes are consigned on through bookings or paid-on rates direct to a destination in Saorstát Eireann.

6. This Order shall not apply to any potatoes, consigned and forwarded through Saorstát Eireann from Northern Ireland to any place outside Saorstát Eireann, but not otherwise dealt with in Saorstát Eireann.

PROHIBITION OF THE SALE, PURCHASE, PLANTING OR TAKING DELIVERY OF POTATOES IMPORTED IN CONTRAVENTION OF THIS ORDER.

7. With a view to preventing the spread of the said fungus Synchytrium endobioticum (Perc.) or Chrysophlyctis endobiotica (Schilb) in Saorstát Eireann it shall not be lawful for any person not authorised in that behalf to sell, purchase, plant, move or cause to be moved, or to dispose or take delivery of potatoes in any part of Saorstát Eireann which have been imported in contravention of this Order.

SPECIAL LICENCE.

8. Notwithstanding anything contained in this Order, the Department may by special licence authorise any person subject to the conditions (if any) mentioned in such licence:—

(a) to import or cause to be imported into Saorstát Eireann any specified consignments of potatoes from any place in Northern Ireland, or

(b) to dispose of any potatoes brought into Saorstát Eireann from any place in Northern Ireland.

POWER OF ENTRY : EXAMINATION AND TAKING OF SAMPLES.

9. Any Customs Officer, member of the Gárda Síochána, or any Inspector or other authorised person, upon production, if so required, of his appointment or authority, may, for the purpose of enforcing this Order, or of detecting any violation of the provisions thereof, enter any premises, or any railway truck or wagon, or any vehicle, or any ship, boat, or other vessel or craft, or any place where ships, boats, or other vessels or crafts are loaded or unloaded, and examine and take samples of any potatoes therein, and open any packages suspected by him to contain potatoes.

DISPOSAL OF POTATOES IMPORTED IN CONTRAVENTION OF THIS ORDER.

10. The Department or any Inspector or other authorised person may destroy, or cause to be destroyed, in such manner as the Department or the Inspector or the authorised person, as the case may be, thinks fit, any potatoes which have been imported in contravention of this Order, and any packages in which the aforesaid potatoes are or have been contained, or may remove or cause to be removed any of the aforesaid potatoes and packages to such place and in such manner as the Department or any inspector or other authorised person may think fit, and may serve a Notice on the consignee of, or on the person in charge of, or on the person in possession of, any of the aforesaid potatoes directing the aforesaid consignee or person on whom the Notice is served to destroy within such time and in such manner as may be specified in the aforesaid Notice the aforesaid potatoes and packages, or to remove them within such time and to such place as may be specified in the aforesaid Notice.

PRODUCTION OF DOCUMENTS.

11. (1) Any person in charge or in possession of any potatoes which should be accompanied by a certificate or licence under this Order, shall, on demand of the Department or of a Customs Officer, member of the Gárda Síochána, or of any Inspector or other authorised person, produce and show him the certificate or licence (if any) accompanying the potatoes, and shall allow the same to be read and a copy of, or extract from, the same to be taken by the person to whom the same is produced.

(2) Any person who is or has been in charge or in possession of potatoes suspected by the Department, or by a Customs Officer, member of the Gárda Síochána, or by any Inspector or other authorised person, of having been imported in contravention of this Order shall, on demand as aforesaid give his name and address and all such information in his possession or procuration as may enable the Department to determine whether the potatoes are being or have been imported or disposed of in contravention of this Order, and if the potatoes are being or have been imported or disposed of in contravention of this Order, to determine the person by whom the potatoes are being or have been so imported or disposed of.

CERTIFICATES, LICENCES.

12. (1 ) Any licence under this Order may be issued by the Department or by an Inspector or other authorised person.

(2) Any certificate or licence issued under this Order shall be delivered to the Department as soon as the purpose for which it was issued has been carried out, or the period for which it was valid has elapsed, or on the suspension or revocation of the licence by the Department.

PENALTIES FOR IMPORTING OR ATTEMPTING TO IMPORT POTATOES IN CONTRAVENTION OF THIS ORDER.

13. If any person imports or causes to be imported any potatoes in contravention of this Order, he shall be deemed guilty of an offence against this Order, and shall be liable on conviction to a penalty of Ten Pounds for each such offence.

PENALTIES FOR OFFENCES AGAINST THIS ORDER.

14. (1) If any person not authorised in that behalf takes delivery of, sells, purchases, plants, moves, or causes, directs or permits the delivery, sale, purchase, planting, moving of any potatoes imported in contravention of this Order, he shall be deemed guilty of an offence against this Order, and shall be liable on conviction to a penalty of Ten Pounds for each such offence.

(2) If any person—

(a) refuses or neglects to comply with any directions contained in a Notice under this Order; or

(b) obtains or attempts to obtain a licence for the purpose of this Order by means of any false statement or misrepresentation ; or

(c) refuses or neglects to produce and show any certificate or licence, or refuses to allow the same to be read and a copy of or an extract from the same to be taken by any of the persons set out in Article 11 of this Order; or

(d) refuses or neglects to give his true name and address, or gives a false name or address, to any of the persons set out in Article 11 of this Order; or

(e) refuses or neglects to give to any of the persons set out in Article 11 of this Order the information required by the said Article 11 ; or

(f) obstructs or impedes any Inspector or other authorised person in the discharge of his duty under this Order; or

(g) refuses or neglects to deliver any certificate or licence in contravention of Article 12 of this Order ;

he shall be guilty of an offence, and shall be liable on conviction to a penalty not exceeding Ten Pounds for each such offence.

EXECUTION OF THE ORDER.

15. For the purpose of this Order a Notice shall be deemed to be served on a person if it is delivered to him personally or left for him at his last known place of abode, or at his office or place of business, or sent through the post in a letter addressed to him at either of such addresses, and a Notice or other document purporting to be signed by an Inspector or by an authorised person shall be prima facie evidence that it was signed by such Inspector or authorised person, as the case may be, and duly authorised.

DEFINITIONS.

16. In this Order—

" The Department " means the Department of Agriculture and Technical Instruction for Ireland.

" Inspector " means an Inspector of the Department.

" Wart Disease " means the disease affecting potatoes which is known as Wart Disease (Black Scab), Cauliflower Disease, Potato Canker or Potato Rosette, and is caused by the fungus Sychytrium aendobioticum (Perc.) or Chrysophlyctis endobiotica (Schilb).

" Authorised " means authorised by the Department, save where the context otherwise requires.

" Approved " means approved by the Department.

" Potatoes " includes the haulmas, stalks and leaves of potatoes.

" Packages " include sacks, barrels, baskets and boxes.

" Premises " means land, or a building or buildings, or land with a building or buildings thereon.

" Person " includes a corporation.

" Move " includes sending through the post.

" Import " includes introduction through the post.

COMMENCEMENT.

17. This Order shall come into operation on the 30th day of April, 1930.

SHORT TITLE.

18. This Order may be cited as the Northern Ireland Potatoes Importation Order, 1930.

REVOCATION OF PREVIOUS ORDERS.

19. The Orders described in the Third Schedule to this Order are hereby revoked as from the 30th day of April, nineteen hundred and thirty, provided that such revocation shall not:—

(i) affect the previous operation of those Orders or anything duly done or suffered thereunder; or

(ii) effect any right, privilege, obligation, or liability acquired, accrued, or incurred thereunder ; or

(iii) affect any penalty incurred in respect of any offence committed against those Orders; or

(iv) affect any investigation, legal proceeding, or remedy in respect of any such right, privilege, obligation, liability, or penalty as aforesaid;

and any such investigation, legal proceeding or remedy may be instituted, continued or enforced, and any such penalty may be imposed, as if this Order had not been made.

IN WITNESS whereof the Department of Agriculture and Technical Instruction for Ireland have hereunto set their Official Seal, this thirtieth day of April, 1930.

F. J. MEYRICK, Secretary.

I concur in the foregoing Order.

P. HOGAN,

Minister for Agriculture.

FIRST SCHEDULE.

(1) The districts described in the Schedule to the Black Scab in Potatoes (Northern Ireland) No. 1 Order, 1923; (2) the districts described in the First Schedule to the Black Scab in Potatoes (Northern Ireland) No. 1 Order, 1926; (3) the districts described in the Schedules to the Black Scab in Potatoes (Northern Ireland ) (No. 1 Order, 1927 ; (4) the districts described in the Schedules to the Black Scab in Potatoes (Northern Ireland) No. 2 Order, 1927; (5) the districts described in the Black Scab in Potatoes (Northern Ireland) Orders (Amendment Order), 1927 ; (6) the district described in the Black Scab in Potatoes (Northern Ireland) Order, 1929; (7) the district described in the Black Scab in Potatoes (Northern Ireland) Order, 1930; and any other district within which the growing of potatoes may hereafter, by order or otherwise be placed under control by the Ministry of Agriculture Northern Ireland, for the purpose of preventing the spread of Wart Disease (Black Scab).

SECOND SCHEDULE

Every Railway Station in any of the following places:—

Belfast County Borough.

Adelaide and Windsor, Ballinderry, Balmoral, Brookmount Crumlin, Derriaghy, Dunmurry, Finaghy, Glenavy, Hilden, Lambeg, Lisburn, in the County of Antrim.

Adavoyle, Bessbrook, Goraghwood, in the County of Armagh.

Ballyroney, Ballyward, Hillsborough, Leitrim, Maze, in the County of Down.

Newry, in the Counties of Armagh and Down.

Stewartstown, in the County of Tyrone.

Any other Railway Station at which the despatch of potatoes by rail may hereafter, by order or otherwise, be placed under control by the Ministry of Agriculture, Northern Ireland, for the purpose of preventions, the spread of the disease known as Wart Disease (Black Scab).

THIRD SCHEDULE.

ORDERS REVOKED.

Northern Ireland Potatoes Importation Order, 1926.

Northern Ireland Potatoes Importation Order, 1926, Amendment Order, 1927.

Northern Ireland Potatoes Importation Order, 1926, Amendment Order, 1928.