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PART III.
Regulation of Retail Prices of Milk.
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Milk (retail price) orders.
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52.—(1) The Minister, after consultation with the Minister for Industry and Commerce, may, whenever and so often as he thinks fit, by order (in this Part of this Act referred to as a milk (retail price) order) fix the maximum price at which milk of a specified kind (defined in such manner and by reference to such things as the Minister shall think proper) may be sold or offered for sale in a specified area when sold or offered for sale retail under such set or sets of conditions (defined in such manner and by reference to such things as the Minister shall think proper) as shall be specified in such order, and may so fix different such prices in relation to different such sets of conditions.
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(2) The following provisions shall apply in respect of milk (retail price) orders, that is to say:—
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(a) a milk (retail price) order may relate to more than one kind of milk, and in that case may contain different provisions in relation to each such kind of milk;
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(b) every milk (retail price) order shall specify the area to which such order is to apply, and such area may be either the whole of Saorstát Eireann or any specified part thereof;
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(c) every milk (retail price) order shall be published in the Iris Oifigiúil as soon as may be after it is made;
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(d) every milk (retail price) order shall specify the date on which it is to come into force, and such date shall not be earlier than the date of publication thereof in the Iris Oifigiúil;
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(e) the Minister may, after consultation with the Minister for Industry and Commerce, by order under this paragraph revoke or amend a milk (retail price) order, and the provisions of paragraphs (c) and (d) of this sub-section shall apply to every order made under this paragraph.
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(3) Whenever—
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(a) a milk (retail price) order is for the time being in force, and
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(b) such order fixes a maximum price at which milk of the kind specified in such order may be sold or offered for sale in the area to which such order applies when sold or offered for sale under a particular set of conditions,
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every person who sells or offers for sale any such milk in such area under such set of conditions at a price in excess of such maximum price shall be guilty of an offence under this section, and shall be liable on summary conviction thereof in the case of a first offence under such section, to a fine not exceeding five pounds, and, in the case of a second or subsequent offence under such section, to a fine not exceeding ten pounds or, at the discretion of the court to imprisonment for any term not exceeding three months or to both such fine and imprisonment.
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(4) An offence under this section may be prosecuted by or at the suit of the Minister as prosecutor.
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