Agricultural Produce (Cereals) Act, 1935

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Obligation to mill annually a percentage of home-grown wheat.

6.—(1) The Minister, after consultation with the Minister for Industry and Commerce, shall, before the commencement of every cereal year make, in the case of the cereal year commencing next after the passing of this Act, as soon as may be after such passing or, in the case of any other cereal year, not later than eight months before the commencement of such cereal year, an order fixing for the purposes of this section a percentage in respect of such cereal year, and the Minister may, after the like consultation, during such cereal year by a further order or orders vary the amount of such percentage, and the percentage fixed by an order or the last order under this section in respect of a cereal year shall for the purposes of this section be the appointed national percentage in respect of such cereal year.

(2) Every person who is the holder of a milling licence in respect of a mill which is a licensed mill at the commencement of any cereal year shall mill at such mill, as part of the quota in respect of the quota year which is contemporaneous with such cereal year, home-grown wheat of an amount not less than a percentage of such quota equal to the appointed national percentage in respect of such cereal year.

(3) References in this Act to the home-grown wheat quota for a mill for a particular cereal year shall be construed as references to the minimum quantity of home-grown wheat which the holder of the licence in respect of such mill is required by the immediately preceding sub-section to mill at such mill during the quota year contemporaneous with such cereal year.

(4) Any person (in this sub-section referred to as the undertaking miller) who is the holder of a milling licence in respect of a mill which is a licensed mill at the commencement of any cereal year may undertake with another person (in this sub-section referred to as the liable miller) who is the holder of a milling licence in respect of a mill (in this sub-section referred to as the liable mill) which is a licensed mill at the commencement of such cereal year to mill during such cereal year or to have milled during such cereal year by another holder of a milling licence in respect of a mill which is a licensed mill at the commencement of such cereal year a quantity of home-grown wheat equal to the whole or part of the home-grown wheat quota for the liable mill for such cereal year, and whenever any such undertaking is entered into the following provisions shall have effect, that is to say:—

(a) if such undertaking relates to the whole of such home-grown wheat quota, the liable miller shall be exempt from the obligation imposed on him by the sub-section (2) of this section in relation to such cereal year in respect of the liable mill; and

(b) if such undertaking relates to a part of such home-grown wheat quota, the liable miller shall, so far as relates to such part, be exempt from the obligation imposed on him by the said sub-section (2) in relation to such cereal year in respect of the liable mill; and

(c) if the undertaking miller fails or neglects to comply with such undertaking such undertaking miller shall be guilty of an offence under this section; and

(d) the liable miller shall, within fourteen days after such undertaking is entered into, send to the Minister full particulars of such undertaking, and if the liable miller fails to comply with this provision the liable miller shall be guilty of an offence under this section and;

(e) where any home-grown wheat is milled at a licensed mill in pursuance of such undertaking, such home-grown wheat—

(i) shall, for the purposes of sub-section (2) of this section, be deemed not to have been milled at such mill,

(ii) shall, for the purposes of sections 28 and 30 of the Principal Act, as amended by the Amending Act of 1934, be part of the quota milled at such licensed mill in the quota year contemporaneous with such cereal year,

(iii) shall not, for the purposes of sections 28 and 30 of the Principal Act, as amended by the Amending Act of 1934, be deemed to have been milled at the liable mill in the quota year contemporaneous with such cereal year; and

(f) such undertaking shall not release the liable miller or the undertaking miller or any other holder of a milling licence, who mills any home-grown wheat for the undertaking miller for the purposes of such undertaking, from the obligations imposed on him by the provisions of this Act relating to provision of storage accommodation and drying plant by holders of milling licences or relating to purchase of home-grown wheat by holders of milling licences.

(5) If the holder of a milling licence in respect of a mill which is a licensed mill at the commencement of any cereal year fails or neglects to perform the obligation imposed on him in relation to such cereal year in respect of such mill by sub-section (2) of this section, such holder shall, unless he is exempted from such obligation under the immediately preceding sub-section, be guilty of an offence under this section.

(6) Where a person is the holder of a milling licence in respect of a mill for which there is a preliminary quota period and such period is six months or more, the following provisions shall have effect, that is to say:—

(a) such person shall mill at such mill as part of the quota in respect of such period home-grown wheat of an amount not less than a percentage of such quota equal to the appointed national percentage in respect of the cereal year which includes such period, and

(b) if such person fails or neglects to perform the obligation imposed on him by this sub-section he shall be guilty of an offence under this section.

(7) Every person guilty of an offence under this section shall be liable on summary conviction thereof to the penalties mentioned in Part 1 of the First Schedule to this Act.

(8) The provisions of this section shall not apply in respect of any period commencing before the 1st day of August, 1935.

(9) Section 29 of the Principal Act shall cease to have effect in relation to any cereal year commencing after the date of the passing of this Act.