22/03/1937: The Colorado Beetle Order, 1937.

ORDER OF THE MINISTER FOR AGRICULTURE. 22/03/1937:

THE COLORADO BEETLE ORDER, 1937.

Dated 22nd March, 1937.

The Minister for Agriculture, in exercise of the powers conferred on him by the joint operation of the Destructive Insects and Pests Acts, 1877 to 1929, and the Agriculture Act, 1931 (No. 8 of 1931), for the purpose of preventing the introduction into or the spreading in Saorstát Éireann of the Colorado Beetle (Leptinotarsa decemlineata Say), hereby orders as follows that is to say :—

1. (1) This Order may be cited as the Colorado Beetle Order, 1937.

(2) This Order shall come into operation on the 8th day of April, 1937.

2. The Interpretation Act, 1923 (No. 46 of 1923), applies to the interpretation of this Order in like manner as it applies to the interpretation of an Act of the Oireachtas.

3. (1) In this Order—

the expression " the Minister " means the Minister for Agriculture;

the word " plants " includes all trees, and shrubs, raw vegetables (including potatoes, potato haulms and leaves), tomatoes, cut flowers, tubers, bulbs, rhizomes, corms, roots, layers, cuttings, and other parts of trees, shrubs, and plants, but does not include elm trees;

the expression " inspector " means a person authorised in writing by the Minister to exercise the powers conferred on an inspector by this Order;

the expression " importer " means any person by whom or on whose order or request plants are imported into Saorstát Eireann.

(2) References in this Order to the person in charge of plants shall be construed as referring to the person in whose custody such plants are whether as importer, carrier, warehouseman or otherwise.

(3) Each of the following countries, namely, Belgium, Germany and Luxembourg, shall be an appointed country for the purposes of this Order.

4. (1) It shall not be lawful to import into Saorstát Éireann from France any plants grown in an appointed country unless such plants are imported under and in accordance with a licence issued by the Minister.

(2) Article 1 of the Colorado Beetle Order of 1931 shall cease to apply in respect of plants grown in an appointed country.

5. (1) It shall not be lawful to import into Saorstát Éireann from an appointed country any plants unless—

(a) in case such plants are grown in France or another appointed country, such plants are imported under and in accordance with a licence issued by the Minister, or

(b) in any other case, either-

(i) such plants are imported under and in accordance with a licence issued by the Minister, or

(ii) the appropriate conditions precedent in respect of such first-mentioned appointed country are complied with.

(2) For the purposes of this Article the appropriate conditions precedent in respect of an appointed country shall be as follows, that is to say :—

(a) in the case of a consignment of plants grown in such appointed country and of the kind specified in the First Schedule hereto, that—

(i) a certificate in the form specified in the Third Schedule hereto or to the like effect has been issued by a duly authorised official of the Phytopathological Service of such appointed country after inspection of the consignment and such certificate is endorsed by him with a statement in the form specified in the Fourth Schedule hereto or to the like effect, and

(ii) the original certificate is forwarded by post by the exporter to the Secretary, Department of Agriculture, Dublin, before the despatch of the consignment, and

(iii) two copies of such certificate accompany the consignment, and one of such copies is delivered by the person in charge of the consignment to an officer of customs and excise at the same time as the entry under the Customs Acts in respect of the consignment is delivered ;

(b) in the case of a consignment of plants grown in such appointed country and of the kind specified in the Second Schedule hereto, that—

(i) a certificate in the form specified in the Fourth Schedule hereto or to the like effect has been issued by a duly authorised official of the Phytopathological Service of such appointed country, and

(ii) such certificate accompanies the consignment and is delivered by the person in charge of the consignment to an officer of customs and excise at the same time as the entry under the Customs Acts in respect of the consignment is delivered.

(c) in the case of a consignment of plants grown in a country (other than such appointed country, any other appointed country or France), that—

(i) a certificate in the form specified in the Third Schedule hereto or to the like effect has been issued by a duly authorised official of the country of origin, and

(i) the original certificate is forwarded by post by the exporter to the Secretary, Department of Agriculture, Dublin, before the despatch of the consignment, and

(iii) two copies of such certificate accompany the consignment, and one of such copies is delivered by the person in charge of the consignment to an officer of customs and excise at the same time as the entry under the Customs Acts in respect of such consignment is delivered. —

6. (1) Whenever any plants are imported in contravention of this Order such plants shall be forthwith destroyed by and at the expense of the importer unless the disposal of such plants in some other manner is authorised by a licence (in this Order referred to as a disposal licence) issued by the Minister.

(2) Whenever any plants are required by the immediately preceding paragraph to be forthwith destroyed by the importer and such plants are not so destroyed by the importer, the importer

thereof shall be guilty of an offence against this Order.

(3) Whenever any plants are imported in contravention of this Order and a disposal licence has been issued in relation to such plants, it shall not be lawful to dispose of such plants otherwise than in accordance with such licence, and if such plants are disposed of otherwise than in accordance with such licence the importer shall be guilty of an offence against this Order.

7. (1) It shall not be lawful for any person to sell any plants imported in contravention of this Order or, save in accordance with this Order or under a disposal licence, to dispose otherwise of such plants.

(2) If any person acts in contravention of this Article such person shall be guilty of an offence against this Order.

8. (1) Any officer of customs and excise, inspector, or member of the Gárda Síochána may require any person in charge of plants imported into Saorstát Éireann or who has been in charge of such plants to give his name and address and to give all information in his possession or procurement which would enable such officer, inspector, or member to determine whether such plants had been imported or disposed of in contravention of this Order and to determine by what person (if any) this Order may have been contravened in respect of such plants.

(2) If any person who has been required to give his name and address or any information under the foregoing paragraph of this Article refuses or neglects to give such name and address or information or gives a wrong or misleading name and address or wrong or misleading information he shall be guilty of an offence against this Order.

9. Any officer of customs and excise, inspector, or member of the Gárda Síochána, 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 ship, boat or other vessel or craft, or aircraft, or any place where ships, boats or other vessels or crafts or aircraft are loaded or unloaded and examine and take samples of any plants therein, and open any packages suspected by him to contain plants.

10. If any person impedes or obstructs an officer of customs and excise or an inspector or a member of the Gárda Síochána in the exercise of the powers conferred on such officer, inspector, or member by this Order, such person shall be guilty of an offence against this Order.

11. Every person guilty of an offence against this Order shall be liable on summary conviction thereof, in the case of a first offence, to a fine not exceeding ten pounds, and, in the case of a second or any subsequent offence, to a fine not exceeding twenty pounds.

12. Any licence under this Order obtained by means of any statement which is false or misleading in any material respect shall be invalid.

13. Nothing in this Order shall be construed as limiting or affecting the operation of the Potatoes Importation (Ireland) Order, 1920, or the Destructive Insects and Pests (Ireland) Order, 1922.

FIRST SCHEDULE.

All living plants and parts thereof (except seeds) for planting.

All potatoes, including potato haulms and leaves.

All tubers, bulbs, rhizomes, corms and hop stocks for planting.

SECOND SCHEDULE.

All plants other than the plants mentioned in the First Schedule hereto.

THIRD SCHEDULE.

This is to certify that the plants included in the consignment, of which particulars are given below were/was thoroughly examined on the ........................ (date), by .............................. (name), a duly authorised Official of the .............................. and found to be healthy, no evidence of the presence of any insect, fungus or pest destructive to agricultural or horticultural crops having been found in them.

(Signed) ............................................................ ..................

(Official Status) ............................................................ .......

No. and description of packages............................................................ ..................................

Distinguishing marks ............................................................ ..................................................

Description of plants or parts thereof ............................................................ ...........................

............................................................ ............................................................ ......................

Stated to be grown at ............................................................ .................................................

Exported by ............................................................ ............................................................ ...

Name and Address of Consignee ............................................................ ................................

............................................................ ............................................................ ......................

Name of Vessel or Aircraft ............................................................ ........................................

Date of Shipment ............................................................ .......................................................

Port or place of landing in Irish Free State ............................................................ ...................

FOURTH SCHEDULE.

This is to certify that the Colorado Beetle (Leptinotarsa decemlineata) does not exist and has not been known to exist within a radius of at least 50 kilometres of the place where the plants, included in the package or consignment described below were grown.

(Signed)............................................................ ................

(Official Status)............................................................ .....

No. and description of packages ............................................................ .................................

Distinguishing marks ............................................................ ..................................................

Description of plants ............................................................ ..................................................

............................................................ ............................................................ ......................

............................................................ ............................................................ ......................

Stated to he grown at ............................................................ .................................................

Exported by ............................................................ ............................................................ ...

Name and Address of Consignee ............................................................ ................................

............................................................ ............................................................ ......................

Name of Vessel or Aircraft ............................................................ ........................................

Date of Shipment ............................................................ .......................................................

Port or place of landing in Irish Free State ............................................................ ...................

GIVEN under my Seal of Office this 22nd day of March, 1937.

(Signed) SÉAMAS Ó RIAIN,

Minister for Agriculture.