S.I. No. 8/1949 - Flour, Wheatenmeal and Bread Order, 1949

S.I. No. 8 of 1949.

FLOUR, WHEATENMEAL AND BREAD ORDER, 1949

I, JAMES M. DILLON, Minister for Agriculture, in exercise of the powers conferred on me by Article 31 of the Emergency Powers Order, 1939 (S. R. & O. No. 224 of 1939), as amended by the Emergency Powers (No. 173) Order, 1942 (S. R. & O. No. 166 of 1942) (which Orders are continued in force by the Supplies and Services (Temporary Provisions) Act, 1946 (No. 22 of 1946)), and of every and any other power me in this behalf enabling, hereby order as follows:—

PART I.PRELIMINARY.

1. This Order may be cited as the Flour, Wheatenmeal and Bread Order, 1949.

2. This Order shall come into operation on the 15th day of January, 1949.

3.—(1) In this Order—

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

the word " wheatenmeal " includes wheatmeal and wholemeal derived from wheat ;

the word " flour " means flour derived wholly or mainly from wheat ;

the expression " standard wheatenmeal " means wheatenmeal produced in the State by the milling of wheat in such manner that no substances are separated in the milling as wheat offals and that the wheatenmeal so produced represents 100 per cent. of the wheat from which it is derived ;

the expression " straight-run flour " means flour produced in the State by running together all the flour streams of a milling plant which is set to produce as flour 85 per cent. of the wheat which is fed to the break rolls ;

the expression " milling licence " means a licence granted under section 21 of the Agricultural Produce (Cereals) Act, 1933 (No. 7 of 1933) ;

the expression " licensed mill " means a mill in respect of which a milling licence is granted;

the expression " milling (home-grown wheat) permit " means a permit granted under section 36 of the Agricultural Produce (Cereals) Act, 1933 (No. 7 of 1933), as amended by section 16 of the Agricultural Produce (Cereals) Act, 1934 (No. 41 of 1934) ;

the expression " permitted mill " means a mill in respect of which a milling (home-grown wheat) permit has been granted.

(2) Each of the following mills shall be a port mill for the purposes of this Order, that is to say:—

(a) any mill situate in the area included within a circle having a radius of five miles and its centre at the principal Post Office in the City of Dublin ;

(b) any mill situate in the area included within a circle having a radius of five miles and its centre at the principal Post Office in the City of Cork ;

(c) any mill situate in the area included within a circle having a radius of five miles and its centre at the principal Post Office in the City of Limerick ;

(d) any mill situate in the area included within a circle having a radius of five miles and its centre at the principal Post Office in the City of Waterford,

and the expression " port mill " shall in this Order be construed accordingly.

(3) References in this Order to selling shall be construed as including references to agreeing or offering to sell or inviting an offer to buy.

PART II.PROVISIONS RELATING TO FLOUR AND WHEATENMEAL.

4. Except under and in accordance with a permit granted by the Minister, no person shall, in cleaning a bulk of wheat for the purpose of milling, remove from the bulk as screenings, seeds and dust, more than one and a half per cent. of the total weight of the bulk.

5.—(1) All flour produced at a licensed mill, except flour produced at such mill under and in accordance with a permit granted by the Minister, shall be straight-run flour.

(2) All wheatenmeal produced at a licensed mill, except wheatenmeal produced at such mill under and in accordance with a permit granted by the Minister, shall be standard wheatenmeal.

(3) All flour or wheatenmeal produced at a permitted mill, except flour or wheatenmeal produced at such mill under and in accordance with a permit granted by the Minister, shall be composed of not less than ninety per cent. of the wheat from which it is produced.

(4) Every person who is the holder of a milling licence or a milling (home-grown wheat) permit in respect of a mill shall take all steps necessary for ensuring that the provisions of this Article are complied with in respect of such mill.

6.—(1) Save in accordance with a permit granted by the Minister, the price to be charged by any person, who is the holder of a milling licence in respect of a mill, for standard wheatenmeal produced at such mill shall not exceed —

(a) in case such mill is a port mill, thirty-eight shillings and three pence per 280 pounds (free on rail) ;

(b) in any other case, thirty-eight shillings and threepence per 280 pounds, together with the cost of freight (such cost being calculated by reference to the transport of a six-ton consignment by the cheapest mode but not exceeding two shillings per 280 pounds) from whichever one of the following ports is nearest to such mill, that is to say, Dublin, Cork, Limerick or Waterford, such standard wheatenmeal being delivered by such person to the purchaser free on rail.

(2) Save in accordance with a permit granted by the Minister, the price to be charged by any person, who is the holder of a milling licence in respect of a mill, for straight-run flour produced at such mill shall not exceed—

(a) in case such mill is a port mill, forty-one shillings and ninepence per 280 pounds (free on rail) ;

(b) in any other case, forty-one shillings and ninepence per 280 pounds, together with the cost of freight (such cost being calculated by reference to the transport of a six-ton consignment by the cheapest mode, but not exceeding two shillings per 280 pounds) from whichever one of the following ports is nearest to such mill, that is to say, Dublin, Cork, Limerick or Waterford, such straight-run flour being delivered by such person to the purchaser free on rail.

(3) Whenever the holder of a milling licence in respect of a mill, which is not a port mill, sells standard wheatenmeal or straight run flour produced at such mill, such holder shall, on the demand in writing of the purchaser, deliver to the purchaser a statement in writing setting out the amount of the price which is referable to the cost of freight mentioned in clause (b) of paragraph (1) or clause (b) of paragraph (2), as the case may be, of this article.

7.—(1) Save under and in accordance with a permit granted by the Minister, a person who is the holder of a milling licence shall not sell any flour other than straight-run flour, and shall not sell any wheatenmeal other than standard wheatenmeal.

(2) A permit granted under Article 7 of the Emergency Powers (Wheaten Flour and Wheatenmeal) Order, 1943 (S. R. & O. No. 385 of 1943), or Article 7 of the Emergency Powers (Wheaten Flour, Wheaten Meal and Manufacture of Bread) Order, 1946 (S. R. & O. No. 259 of 1946), and in force immediately before the commencement of this Order shall continue in force and be deemed to have been granted under this Article.

8. The Minister may, for the purposes of this Part of this Order, from time to time grant permits to holders of milling licences or milling (home-grown wheat) permits and may attach to any permit granted by him such conditons as he thinks proper.

9.—(1) No person who carries on any business shall, for the purposes of or in course of that business, remove by any means any part of the wheat berry from flour or wheatenmeal, or from any mixture of flour or wheatenmeal with any other commodity.

(2) No person, other than the holder of a milling licence, shall mix for sale or manufacture of bread straight-run flour with any other flour whatever.

PART III.PROVISIONS RELATING TO MANUFACTURE OF BREAD.

10.—(1) A person who carries on the business of manufacturing bread for sale shall not, except under and in accordance with a permit under this Article, use, in the manufacture of bread for the purposes of such business,—

(a) any flour other than straight-run flour or flour representing 75 per cent. of the wheat from which it is derived, or

(b) any wheatenmeal other than standard wheatenmeal.

(2) The Minister may, whenever and so often as he thinks fit, grant permits for the purposes of this Article, and may attach to any permit so granted by him such conditions as he thinks fit.

(3) In this Article, the word " bread " includes flour confectionary and biscuits (including ice-cream wafers).

PART IV.FLOUR AND WHEATENMEAL PRICES.

11. In this Part of this Order, the word " flour " does not include self-raising flour.

12.—(1) The maximum price at which wheatenmeal (whether produced within or without the State) may be sold by retail in any county borough shall be—

(a) if the quantity sold is not less than one hundredweight, nineteen shillings per hundredweight, or

(b) if the quantity sold is less than one hundredweight, two shillings and sixpence per stone.

(2) The maximum price at which wheatenmeal (whether produced within or outside the State) may be sold by retail in any place (other than a county borough) shall be—

(a) if the quantity sold is not less than one hundredweight, twenty-one shillings and eight pence per hundredweight, or

(b) if the quantity sold is less than one hundredweight, two shillings and ten pence per stone.

13.—(1) The maximum price at which flour (whether produced within or outside the State) may be sold by retail in any county borough shall be—

(a) if the quantity sold is not less than one hundredweight, twenty shillings and four pence per hundredweight, or

(b) if the quantity sold is less than one hundredweight, two shillings and eight pence per stone.

(2) The maximum price at which flour (whether produced within or without the State) may be sold by retail in any place (other than a county borough) shall be—

(a) if the quantity sold is not less than one hundredweight, twenty-three shillings per hundredweight, or

(b) if the quantity sold is less than one hundredweight, three shillings per stone.

14. Notwithstanding Article 13 of this Order—

(a) flour produced under and in accordance with a permit granted for the purposes of paragraph (1) of Article 5 of this Order may be sold by retail at any price not exceeding seven shillings per stone,

(b) in a prosecution for an offence consisting of a contravention of Article 13 of this Order, it shall be a good defence if the defendant proves that—

(i) either :—

(I) he produced the flour under and in accordance with a permit granted for the purposes of paragraph (1) of Article 5 of this Order, or

(II) The flour was supplied to him as flour produced under and in accordance with a permit granted for the purposes of paragraph (1) of Article 5 of this Order and he was satisfied, having regard to the colour of the flour, that it was so produced, and

(ii) he sold the flour at a price not exceeding seven shillings per stone.

15. This Part of this Order shall apply to flour and wheatenmeal whether sold in containers or otherwise, and the prices mentioned in this Part of this Order shall, where the flour or wheatenmeal is sold in a container, include the cost of the container.

PART V.BREAD PRICES.

16. In this Part of this Order :—

the expression " batch bread " means bread commonly known as batch bread, that is to say, bread which is not baked in containers and is sold or offered for sale in loaves of which the outside is not all crust ;

the expression " fancy bread " means bread other than :—

(a) batch bread, or

(b) bread of any of the following proprietary brands ;

(i) Hofda,

(ii) Procea,

(iii) Bermaline,

(iv) Thoma,

(v) Halcon,

(vi) Wheta, or

(c) bread of any of the following special brands ;

(i) Perfection—produced by Johnston Mooney and O'Brien, Ltd., of Dublin.

(ii) Ideal—produced by Bolands, Ltd., of Dublin.

(iii) Tru-gael—produced by James Rourke of Dublin.

(iv) Maltex—produced by Simcox and Sons, Ltd. of Cork.

(v) Ormah—produced by Ormond and Ahern, Ltd. of Cork.

(vi) Numalt—produced by Richard V. Jago, of Cork.

(vii) Sunshine Brown—produced by Peter Lyons, of Drogheda.

(viii) Macamalt—produced by Alexander MacArthur, of Sligo.

(ix) Brandon—produced by Patrick E. Barry, of Tralee.

(x) Abermalt—produced by T. W. Abernethy and Sons, Ltd., of Castlemartyr, Co. Cork.

(xi) Provincial Malt—produced by Joseph Hosford, Ltd., of Cork, or

(d) sliced pan loaves sold in wrappers, or

(e) bread commonly known as soda bread or soda cake, that is to say, aerated bread containing aerating powders, salt and milk ;

the expression " the appointed area " means the area comprising the county borough of Dublin, the county of Dublin (including the borough of Dun Laoghaire), the urban district of Bray and the District Electoral Division of Greystones.

17. The maximum prices at which bread which is batch bread or fancy bread may be sold, when sold under any set of conditions mentioned in the second column of the Schedule to this Order, shall be :—

(a) where the bread is sold in the appointed area, the appropriate price specified in the third column of the Schedule to this Order opposite the mention of the relevant set of conditions, and

(b) where the bread is sold outside the appointed area, the appropriate price specified in the fourth column of the Schedule to this Order opposite the mention of the relevant set of conditions.

18. Notwithstanding Article 17 of this Order :—

(a) bread manufactured from flour produced under and in accordance with a permit granted for the purposes of paragraph (1) of Article 5 of this Order may be sold anywhere in the State under a set of conditions mentioned in the second column of the Schedule to this Order at reference number 3, 4, 5, or 6, at any price not exceeding 6d. per lb.

(b) in a prosecution for an offence consisting of a contravention of Article 17 of this Order, the sale being under a set of conditions mentioned in the second column of the Schedule to this Order at reference number 3, 4, 5, or 6, it shall be a good defence if the defendant proves that :—

(i) either :—

(I) he manufactured the bread from flour which he produced under and in accordance with a permit granted for the purposes of paragraph (I) of Article 5 of this Order, or

(II) he manufactured the bread from flour which was supplied to him as flour produced under and in accordance with a permit granted for the purposes of paragraph (1) of Article 5 of this Order and he was satisfied, having regard to the colour of the flour, that it was so produced, or

(III) the bread was supplied to him as bread manufactured from flour produced under and in accordance with a permit granted for the purposes of paragraph (1) of Article 5 of this Order and he was satisfied, having regard to the colour of the bread, that it was so manufactured, and

(ii) he sold the bread at a price not exceeding 6d. per lb.

19. Bread which is batch bread or fancy bread shall not be sold unless it is sold either (i) in units of less than eight ounces in weight or (ii) in units of one pound or multiples of one pound in weight.

SCHEDULE.

MAXIMUM PRICES AT WHICH BATCH BREAD OR FANCY BREAD MAY BE SOLD IN UNITS OF ONE POUND OR MULTIPLES OF ONE POUND IN WEIGHT.

SCHEDULE.—continued.

MAXIMUM PRICES AT WHICH BATCH BREAD OR FANCY BREAD MAY BE SOLD IN UNITS OF ONE POUND OR MULTIPLES OF ONE POUND IN WEIGHT.

GIVEN under my Official Seal, this 33th day of January, 1949.

(Signed) JAMES M. DILLON,

Minister for Agriculture.