S.I. No. 228/1945 - Colorado Beetle Order, 1945.

STATUTORY RULES AND ORDERS. 1945. No. 228.

COLORADO BEETLE ORDER, 1945.

I, SÉAMAS O RIAIN, Minister for Agriculture, in exercise of the powers conferred on me 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 the State of the Colorado beetle, hereby order as follows:—

1 Short title and commencement.

1. (1) This Order may be cited as the Colorado Beetle Order, 1945.

(2) This Order shall come into operation on the 10th day of September, 1945.

2 Interpretation.

2. The Interpretation Act, 1937 (No. 38 of 1937) applies to this Order.

3 Definitions.

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, grapes, cider apples, cut flowers, tubers, bulbs, rhizomes, corms, roots, layers, cuttings and other parts of trees, shrubs, and plants, but does not include elm trees,

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

the word " importer " means any person by whom or on whose order or request plants are imported.

(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.

4 Restriction on importation of plants.

4. (1) A person shall not import plants save—

(a) plants grown in and imported from Northern Ireland, or

(b) under and in accordance with a licence granted under this Article.

(2) The Minister may, at his discretion, grant licences for the purposes of this Article.

(3) The Minister may at any time revoke a licence granted under this Article.

(4) The Minister may attach to a licence granted under this Article in respect of any plants such conditions as he thinks proper including, in particular, all or any of the following conditions:—

(a) a condition that—

(i) the consignment shall be accompanied by two copies of a certificate (in such form as may be specified in the licence) in respect of the plants of a duly authorised official of the Phytopathological Service of the country in which the plants were grown, and

(ii) One of the said copies shall be 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, and

(iii) the said certificate itself shall be forwarded by post by the exporter to the Secretary, Department of Agriculture, Dublin, before the despatch of the consignment,

(b) a condition that the plants shall be of a specified description,

(c) a condition that the plants shall be imported within a specified time or during a specified period,

(d) a condition that the plants shall be imported from a specified country,

(e) a condition that the plants shall have been grown in a specified country,

(f) a condition that the plants shall be imported at a specified port or place or by a specified route,

(g) a condition that the plants shall not be imported in more than a specified number of consignments,

(h) a condition that the plants shall be imported by or on behalf of a specified person,

(i) a condition that delivery shall not be taken of the plants by the importer or any other person unless the plants have been inspected by an inspector and such inspector is satisfied that the plants are free from any insect, fungus, or pest destructive to agricultural or horticultural crops.

5 Destruction or disposal of plants imported in contravention of this Order.

5. (1) Whenever any plants are imported in contravention of this Order, they shall, unless their disposal in some other manner is authorised by a licence granted under this Article, be destroyed forthwith either by and at the expense of the importer or, if the Minister so directs, by some other person specified by the Minister.

(2) Whenever any plants are required by paragraph (1) of this Article to be destroyed forthwith by the importer and they are not so destroyed, the importer shall be guilty of an offence against this Order.

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

(4) The Minister may, at his discretion, grant licences for the purposes of this Article.

(5) The Minister may at any time revoke a licence granted under this Article.

6 Prohibition of sale of plants imported in contravention of this Order, etc.

6. (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 licence granted under Article 5 of this Order, to dispose otherwise of such plants.

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

7 Giving of name and address and information.

7. (1) Any officer of customs and excise, member of the Gárda Síochána or inspector may require any person who is or has been in charge of any imported plants to give his name and address and to give all information in his possession or procurement which would enable such officer, member or inspector to determine whether the 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 the plants.

(2) If any person who has been required to give his name and address or any information under paragraph (1) of this Article refuses or neglects to give such name and address or information or gives a false or misleading name and address or false or misleading information, he shall be guilty of an offence against this Order.

8 Power of entry, etc.

8. Any officer of customs and excise, member of the Gárda Síochána or inspector, 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 land or premises, any railway truck or waggon, any ship, boat or other vessel or craft, any 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 of containing plants.

9 Obstruction.

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

10 Penalties.

10. A 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.

11 Certain licences to be invalid.

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

12 Saver.

12. 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.

13 Revocations.

13. The Colorado Beetle Order, 1931, and the Colorado Beetle Order, 1937, are hereby revoked.

GIVEN under my Official Seal, this 7th day of September, 1945.

(Signed) SÉAMAS O RIAIN,

Minister for Agriculture.