30/11/1931: The Colorado Beetle Order, 1931.

DEPARTMENT OF AGRICULTURE.

THE COLORADO BEETLE ORDER, 1931.

ORDER OF THE MINISTER FOR AGRICULTURE.

Dated 30th November, 1931.

[Extract from Iris Oifigiúil, December 4, 1931.]

The Minister for Agriculture in exercise of the powers conferred by the Destructive Insects and Pests Acts, 1877 to 1929, and now vested in him by virtue of the Agriculture Act, 1931 (No. 8 of 1931), and of every and any other power him in this behalf enabling doth hereby order as follows :—

Restriction on Importation of Living Plants, Vegetables and Tomatoes.

1. For the prevention of the introduction of the Colorado Beetle (Leptinotarsa decemlineata Say), the landing in Saorstát Éireann of any living plants, vegetables or tomatoes, shipped from any port in European France is hereby prohibited, unless the landing thereof is authorised by a licence issued by the Minister or an Authoriser Officer, or unless each consignment is accompanied by the certificate or copy certificates, as the case may be, specified below :—

(a) In the case of living plants grown in France and included in the First Schedule to this Order, two copy certificates in the form specified in the Third Schedule to the Destructive Insects and Pests (Ireland) Order of 1922, issued by an Officer of the French Services d'Inspection Phytopathologique after inspection of the consignment, and endorsed by him with a statement in the form specified in the Second Schedule hereto. The original of such certificates shall also be endorsed to the like effect and forwarded by post by the exporter to the Secretary, Department of Agriculture, Dublin, C.17, before the consignment is despatched.

(b) In the case of living plants grown in France to which paragraph (a) of this Article does not apply and of vegetables and tomatoes grown in France, a certificate issued by an Officer of the French Services d'Inspection Phytopathologique in the form specified in the Second Schedule hereto.

(c) In the case of living plants, vegetables and tomatoes not grown in France, two copy certificates in the form specified in the Third Schedule to the Destructive Insects and Pests (Ireland) Order of 1922, issued by a duly authorised official of the country of origin, or a certificate of origin vise by a local Authority in the country of origin; the country and place where the produce was grown shall be stated in such certificate.

The certificate or one of the copy certificates (as the case may be) prescribed in this Article shall be delivered to an Officer of Customs at the same time and together with the entry relating to the consignment.

Prohibition of the sale, purchase, planting, moving, loading, unloading, or taking delivery of living plants, vegetables and tomatoes landed in contravention of Article 1.

2. With a view to preventing the spreading in Saorstát Éireann of the Colorado Beetle (Leptinotarsa decemlineata) it shall not be lawful for any person not authorised in that behalf to sell, purchase, plant, move, load, unload, or to dispose or take delivery of living plants, vegetables or tomatoes landed in contravention of this Order.

Powers of Entry.

3. Any Customs Officer, member of the Gárda Síochána or any authorised officer, upon the 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 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 living plants, vegetables or tomatoes therein, and open any packages suspected by him to contain living plants, vegetables or tomatoes.

Disposal of living plants, vegetables and tomatoes landed in contravention of this Order.

4. Living plants, vegetables or tomatoes shipped from any port in European France and landed in Saorstát Éireann without such a licence or certificate or copy certificates as are prescribed in this Order shall be forthwith destroyed by and at the expense of the importer unless the living plants, vegetables or tomatoes are authorised to be disposed of otherwise by a licence issued by the Minister or an authorised officer, and any person failing to comply with the provisions of this Article as to destruction or with the conditions (if any) imposed by such licence shall, on conviction, be liable to a penalty of Ten Pounds.

Production of Certificates and Licences.

5. (1) Any person in charge or in possession of any living plants, vegetables or tomatoes, which should be accompanied by a certificate under this Order, shall, on demand of the Minister or of a Customs Officer, member of the Gárda Síochána or any authorised officer, produce and show him the certificate (if any) accompanying the living plants, vegetables or tomatoes and shall allow it to be read and a copy of, or extract from, it to be taken by the person to whom it is produced.

(2) Any person to whom a licence has been issued under this Order shall, on demand of the Minister or of a Customs Officer, member of the Gárda Síochána or any authorised officer, produce and show him the licence, and shall allow it to be read and a copy of, or extract from, it to be taken by the person to whom it is produced.

(3) Any person who is or has been in charge or in possession of living plants, vegetables or tomatoes suspected by the Minister, or by a Customs Officer, member of the Gárda Síochána or any authorised officer of being or having been landed 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 Minister to determine whether the living plants, vegetables or tomatoes are being or have been landed or disposed of in contravention of this Order, and if the living plants, vegetables or tomatoes are ,being or have been landed or disposed of in contravention of this Order, to determine the person by whom the living plants, vegetables or tomatoes are being or have been so landed or disposed of.

Certificates and Licences.

6. (1) Any certificate that is false in a material respect and any licence obtained by means of a false statement or misrepresentation shall be invalid.

(2) The Minister for any reason that may appear to him sufficient, may refuse to grant a licence under this Order, and may prescribe the period during which a licence shall remain valid, and may at any time suspend or revoke any licence issued by him under this Order.

(3) Any person by whom a licence is obtained under this Order shall return the licence to the Minister forthwith on the expiration, revocation or suspension of the licence.

Penalties for landing or attempting to land living plants, vegetables or tomatoes in contravention of this Order.

7. If any person lands or attempts to land any living plants, vegetables or tomatoes 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 Article 2 of this Order.

8. If any person not authorised in that behalf takes delivery of, sells, purchases, plants, moves, loads or unloads, or causes, directs or permits the delivery, sale, purchase, planting, moving, loading or unloading of any living plants, vegetables or tomatoes landed 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 other Offences.

9. If any person—

(a) refuses or neglects to produce and show any certificate or licence or refuses to allow it 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 5 ; or

(b) 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 5; or

(c) refuses or neglects to give to any of the persons set out in Article 5 the information required by said Article ; or

(d) obstructs or impedes any authorised officer in the discharge of his duty under this Order; or

(e) refuses or neglects to deliver up any licence in contravention of Article 6 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.

Requirements of Destructive Insects and Pests (Ireland) Order, 1922, and Potatoes Importation (Ireland) Order, 1920, not affected.

10. The restrictions imposed by this Order shall not affect the requirements of the Destructive Insects and Pests (Ireland) Order, 1922, or the Potatoes Importation (Ireland) Order, 1920.

Definitions.

11. In this Order—

" The Minister " means the Minister for Agriculture.

" Authorised Officer " means an Inspector of the Minister or any person authorised by the Minister.

" Living Plants or Vegetables " includes all trees and shrubs and the tubers, bulbs, rhizomes, corms, roots, layers, cuttings or other parts of any tree or shrub, cut flowers, raw vegetables, including potatoes, potato haulms and leaves.

" Landing " includes importation across a land frontier and importation through the post.

" Package " includes sacks, barrels, baskets and boxes.

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

" Prescribed " means prescribed by the Minister.

" Person " includes a corporation.

Commencement of Order.

12. This Order shall come into operation on the 30th day of November, Nineteen Hundred and Thirty-one.

Short Title.

13. This Order may be cited as the Colorado Beetle Order of 1931.

Revocation of Previous Order.

14. The Colorado Beetle Order, 1923, is hereby revoked as from The 30th day of November, Nineteen Hundred and Thirty-one provided that such revocation shall not :—

(i) affect the previous operation of that Order or anything duly done or suffered thereunder; or

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

(iii) affect any penalty incurred in respect of any offence committed against that Order; or

(iv) affect any investigation, legal proceedings, 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 Minister for Agriculture, has hereunto set his Official Seal, this Thirtieth day of November, Nineteen Hundred and Thirty-one.

(Signed) P. HOGAN,

Minister for Agriculture.

FIRST SCHEDULE.

(a) All living plants with a persistent woody stem above ground, and parts of the same (except seeds) for use in propagation—such as fruit trees, stocks and stools, forest trees, and ornamental shrubs, and grafts, layers, and cuttings thereof.

(b) All potatoes; and all tubers, bulbs, rhizomes, corms and hop stocks for planting.

SECOND SCHEDULE.

This is to certify that the living plants, vegetables or tomatoes included in the package or consignment described below were grown at a place which is not within a " zone de protection " established against the Colorado Beetle (Leptinotarsa decemlineata) and that the Colorado Beetle does not exist and has not been known to exist within 75 kilometres of such place.

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