S.I. No. 146/1950 - Tea Order, 1950.

S.I. No. 146 of 1950.

TEA ORDER, 1950.

I, DANIEL MORRISSEY, Minister for Industry and Commerce, 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) ), hereby order as follows :—

PART I. PRELIMINARY AND GENERAL.

1.—(1) This Order may be cited as the Tea Order, 1950.

(2) This Order shall come into operation on the 3rd day of June, 1950.

2.—(1) In this Order—

the expression " authorised officer " means a person who is an authorised officer for the purposes of the General Rationing Provisions Order ;

the expression " by retail ", when used in relation to the sale of tea, means sale to a person who buys otherwise than for the purpose of selling it again, and has no reference to the terms of any such sale ;

the expression " by wholesale ", when used in relation to the sale of tea, means sale to a person who buys for the purpose of selling it again, and has no reference to the terms of any such sale ;

the word " coupon " means a coupon which forms or formed part of a general ration book ;

the expression " domestic consumer " means a person who purchases tea otherwise than for the purpose of selling it again, but does not include—

(a) a minister as such, or

(b) a local authority, or

(c) the head (as such) of a hospital, sanatorium, convalescent home, nursing home, school, college, convent, monastery, or any similar institution, or

(d) the head (as such) of a hotel, restaurant, café, tea-room, canteen or club ;

the expression " general ration book " means a ration book issued under the General Rationing Provisions Order and consisting of a number of pages containing coupons, but does not include a special ration book ;

the expression " the General Rationing Provisions Order " means the Emergency Powers (General Rationing Provisions) Order, 1944 (S. R. & O. No. 130 of 1944) ;

the expression " licensed retail tea shop " means a shop to which a tea retailer's licence granted or deemed to be granted under this Order applies ;

the expression " licensed tea retailer " means a person who is the holder of a tea retailer's licence granted or deemed to be granted under this Order ;

the expression " licensed tea wholesaler " means a person who is the holder of a tea wholesaler's licence granted or deemed to be granted under this Order ;

the expression " the Minister " means the Minister for Industry and Commerce ;

the word " proprietor " means, in relation to a shop, the person who carries on business at that shop ;

the expression " ration period " means the period of thirty-nine weeks commencing on the 3rd day of June, 1950, or any later period declared by a supplemental Order to be a ration period for the purposes of this Order ;

the expression " ration week " means a period of seven consecutive days commencing on Saturday the 3rd day of June, 1950, or any subsequent Saturday ;

the expression " quota month " means the month of June, 1950, or any subsequent month ;

the expression " tea retailer " means a person who carries on the business of selling tea for any purpose other than for resale by wholesale or resale by retail, whether he does or does not carry on the business of selling tea by wholesale ;

the expression " tea wholesaler " means a person who carries on the business of selling tea by wholesale, whether he does or does not carry on the business of selling tea by retail ;

the expression " supplemental order " means an order made by the Minister and supplemental to this Order :

(2) For the purposes of this Order the registration page applicable to the ration period commencing on the 3rd day of June, 1950, shall be page 24 of a general ration book or such other page of a general ration book as shall be declared by a supplemental order to be applicable to such ration period.

(3) For the purposes of this Order—

(a) each of the following coupons shall be a tea coupon, that is to say :—

(i) a coupon marked with the letter " K " and the figure " 1 " forming part of page 24 of a general ration book ;

(ii) any coupon (other than a coupon marked with the word " Cancelled " or the word " Invalid ") which forms part of a general ration book and is declared by a supplemental Order to be a tea coupon for the purposes of this Order ;

(b) references in this Order to the tea coupon of a domestic consumer shall be construed as references to a tea coupon forming part of the general ration book of such consumer.

(4) For the purposes of this Order each tea coupon forming part of a general ration book shall be valid only for the ration period of thirty-nine weeks commencing on the 3rd day of June, 1950, or a part of that ration period, or for the ration period for which it is declared by a supplemental Order to be valid, or a part of that ration period.

(5) For the purposes of this Order, the weekly ration of tea which a domestic consumer may obtain during any ration week in a ration period from the retailer with whom he is registered as a tea customer shall be two ounces of tea or the quantity of tea declared by a supplemental order for the time being in force to be the weekly ration.

3.—Where a sample of tea is procured at a shop under Section 13 of the Sale of Food and Drugs Act, 1875, this Order shall not apply in respect of such tea.

4.—(1) Subject to the provisions of this Article, the Minister, in his absolute discretion, may from time to time grant to any person a permit (in this Order referred to as a tea permit) authorising such person to purchase tea.

(2) The Minister may attach to a tea permit such conditions (including conditions subsequent) as he thinks fit, and such conditions may, in addition to conditions (in this Order referred to as purchaser's conditions) to be complied with by the holder thereof, include conditions (in this Order referred to as seller's conditions) to be complied with by a person selling tea to the holder thereof when purchasing tea under the authority of such tea permit.

(3) Any permit granted under Article 4 of the Tea Order, 1949, and in force immediately before the commencement of this Order, shall be deemed to be a tea permit, granted under this Article.

5.—Any act required or authorised by this Order to be done by a person may, in the case of a person under the age of 16 years, be done on his behalf by one of his parents or by his guardian or by the person having custody of him, and, in the case of a person prevented by infirmity of mind or body from doing such act, by a person acting on his behalf or the person in charge of him.

6.—Where—

(a) tea is sold at any shop to an authorised officer or to a person authorised by an authorised officer to purchase tea, and

(b) it is proved that such tea was purchased by such officer or person for the purpose of detecting breaches of this Order,

the said sale shall not, for the purpose of this Order, be regarded as a sale effected under and in accordance with a tea permit.

7.—The Orders set out in the First Schedule hereto are hereby revoked.

PART II. PROVISIONS RELATING TO DOMESTIC CONSUMERS.

8.—Where, before or during the currency of a ration period, the holder of a general ration book applies at a licensed retail tea shop to be registered as a tea customer at the shop and produces his ration book and the registration page thereof applicable to that ration period, the following provisions shall have effect :—

(a) (i) in case the application is made before the commencement of that ration period and the applicant is then registered, under this Article, as a tea customer at the shop, the licensee shall grant the application,

(ii) in any other case the licensee may grant or refuse the application,

(b) where the licensee grants the application, he shall do the following things--

(i) if the name and address of the applicant are not already entered in the appropriate place in the said registration page, cause them to be entered therein,

(ii) retain the said registration page,

(iii) enter in the first vacant space on the inside of the cover of the said ration book if they are not already entered therein, his name and the address of the shop, the words and figures, " page (the number of the said registration page) deposited " and the date of deposit,

(iv) return the said ration book to the applicant, and thereupon the applicant shall, so long as the said registration page is retained at the shop, be deemed, for the purposes of this Order, to be registered during the said ration period as a tea customer at the shop.

9.—(1) Where a person satisfies the Minister or an authorised officer that he has made reasonable efforts to effect registration under Article 8 of this Order but has been unable to do so, the Minister or such officer may require the licensee of any licensed retail tea shop to grant an application duly made by such person for registration as a tea customer at the shop, and the licensee shall grant such application.

(2) Where a person registered under Article 8 of this Order as a tea customer at a licensed retail tea shop dies—

(a) the person having possession of the general ration book of the deceased shall, within seven days after the date of the death, notify the licensee of the shop of the death and thereupon the licensee shall deliver to him the registration page of the said ration book,

(b) upon such registration page having been so delivered, either—

(i) if the death did not result from an infectious or contagious disease, the person to whom such registration page was so delivered shall forthwith send it to the Minister with a notification of the death, or

(ii) if the death resulted from an infectious or contagious disease, such registration page shall be disposed of in such manner as the Medical Officer of Health of the area in which the death took place may direct.

(3) Where a person registered under Article 8 of this Order as a tea customer at a licensed retail tea shop leaves the State, he shall take his registration page lodged at such shop with him and for that purpose shall withdraw it from such shop.

(4) Where a person has failed to comply with paragraph (3) of this Article, the head of the household where he resided immediately before leaving the State shall withdraw the relevant registration page and deliver it to the Minister within four weeks after the departure of such person.

(5) Where a person registered under Article 8 of this Order as a tea customer at a licensed retail tea shop joins the Defence Forces, he shall hand up his registration page lodged at such shop to the military authorities and for that purpose shall withdraw it from such shop.

(6) Where a person has failed to comply with paragraph (5) of this Article, the head of the household where he resided immediately before joining the Defence Forces shall withdraw the relevant registration page and deliver it to the Minister within four weeks after such person joined the Defence Forces.

(7) Where a page of a general ration book of any person is lodged at any licensed retail tea shop under Article 8 of this Order, the licensee of the shop shall, if so requested by such person or the head of a household authorised by this Article to withdraw the page return the page to such person or head of a household.

(8) The licensee of a licensed retail tea shop shall not return the page of a general ration book, lodged at such shop under Article 8 of this Order, to the holder thereof unless under paragraph (7) of this Article or when directed by the Minister or an authorised officer.

(9) A reference in any previous paragraph of this Article to the head of a household shall be construed in like manner as a reference to the head of a household is construed in the General Rationing Provisions Order.

10.—A domestic consumer shall not purchase or acquire tea at any place other than a licensed retail tea shop or from any person other than a licensed tea retailer.

11.—Where before or during the currency of a ration period, a licensed tea retailer grants an application of a domestic consumer to be registered as a tea customer at his shop by the acceptance of the page of the general ration book (held by the domestic consumer), which is the registration page applicable to the ration period, the licensed tea retailer may, notwithstanding anything contained in sub-paragraph (c) of paragraph (2) of Article 21 of the General Rationing Provisions Order, detach from the said page the tea coupon valid for the said ration period.

PART III. PROVISIONS RELATING TO TEA WHOLESALERS AND TEA RETAILERS.

12.—(1) Where a person carries on the business of selling tea by retail but does not keep any shop at which customers resort for the purchase and delivery to them thereat of tea, the following provisions shall, for the purposes of this Order, have effect :

(a) any premises at which orders for the sale by retail of tea by him are received and dealt with shall be deemed to be a shop, and

(b) he shall be deemed to carry on the business of selling tea by retail at those premises.

(2) Where a licensed hawker carries on the business of selling tea by retail from a vehicle, the following provisions shall, for the purposes of this Order, have effect :

(a) such hawker shall be deemed to carry on such business at the premises at which such vehicle is ordinarily kept,

(b) such premises shall be deemed to be a shop, and

(c) such hawker shall be deemed to be the proprietor of such premises.

13.—(1) Any person may apply to the Minister for a licence (in this Order referred to as a tea wholesaler's licence) authorising him to carry on the business of selling tea by wholesale, and every such application shall :—

(a) be made in such form and contain such particulars as the Minister may direct, and

(b) be sent to the Secretary, Department of Industry and Commerce, Dublin.

(2) On receipt of an application under paragraph (1) of this Article and on payment by the applicant of the fee, if any, directed by the Minister for Finance to be paid in respect of a tea wholesaler's licence, the Minister may, as he thinks fit, grant or refuse to grant the licence applied for.

(3) The Minister may attach to any tea wholesaler's licence such conditions as he thinks fit, and where any conditions are so attached, the licensee shall comply with them.

(4) A tea wholesaler's licence shall not be transferable.

(5) Any licence granted or deemed to be granted under Article 13 of the Tea Order, 1949 ( S.I. No. 223 of 1949 ) and in force immediately before the commencement of this Order shall continue in force and shall be deemed to be a tea wholesaler's licence granted under this Article.

(6) References in this Order to a licensed tea wholesaler shall be construed as references to a person who is the holder of a tea wholesaler's licence for the time being in force.

14.—A person, other than a licensed tea wholesaler, shall not—

(a) purchase tea for sale by wholesale, or

(b) sell tea by wholesale, or

(c) carry on the business of selling tea by wholesale.

15.—The Minister may, at any time, give directions to a particular licensed tea wholesaler requiring him not to deliver on sale any tea to a licensed tea retailer.

16.—The Minister may, at any time, reduce the quantity of tea which a licensed tea wholesaler is, by virtue of this Order, authorised to supply on sale to a licensed tea wholesaler or a licensed tea retailer.

17.—(1) The Minister may, at his discretion, grant to a person who is not a licensed tea wholesaler a permit authorising such person to sell tea by wholesale during a particular period or to effect a particular sale or particular sales by wholesale of tea and Article 14 of this Order shall not apply in relation to any sale effected under and in accordance with the permit.

(2) The Minister may attach to a permit under this Article such conditions as he thinks fit, and whenever conditions are attached to any such permit the holder of the permit shall comply therewith.

(3) A permit under this Article shall not be transferable.

18.—A licensed tea wholesaler shall not sell by wholesale any tea to any person other than a licensed tea wholesaler or a licensed tea retailer.

19.—(1) The proprietor of any shop may apply to the Minister for a licence (in this Order referred to as a tea retailer's licence) authorising him to carry on the business of a tea retailer at that shop, and every such application shall—

(a) be made in such form and contain such particulars as the Minister may direct,

(b) relate to one shop only, and

(c) be sent to the Secretary, Department of Industry and Commerce, Dublin.

(2) On receipt of an application under paragraph (1) of this Article, and on payment by the applicant of the appropriate fee directed by the Minister for Finance to be paid in respect of a tea retailer's licence, the Minister may, as he thinks fit, grant or refuse to grant the licence applied for.

(3) The Minister may attach to any tea retailer's licence such conditions as he thinks fit, and where any conditions are so attached the licensee shall comply with them.

(4) a tea retailer's licence shall not be transferable.

(5) Any licence granted or deemed to be granted under Article 19 of the Tea Order, 1949 ( S.I. No. 223 of 1949 ), and in force immediately before the commencement of this Order shall continue in force and be deemed to be a tea retailer's licence granted under this Article.

(6) References in this Order to a licensed tea retailer shall be construed as references to a person who is the holder of a tea retailer's licence for the time being in force.

20.—(1) A person, other than a licensed tea retailer, shall not—

(a) purchase tea for sale by retail, or

(b) sell tea by retail, or

(c) carry on the business of selling tea by retail.

(2) A person shall not sell tea by retail or carry on the business of selling tea by retail at any premises unless he is the holder of a tea retailer's licence in respect of those premises.

21.—(1) Every person who carries on, or is employed in connection with, the business of selling tea by wholesale is hereby required, from time to time—

(a) to produce, at the request of an authorised officer, to such officer any books or documents relating to the purchase and sale or disposition of tea for the purposes of the business, which are in the power, possession or procurement of such person, to permit such officer to inspect and take extracts from such books or documents, and to give to such officer any information which he may reasonably require in regard to any entries in such books or documents ;

(b) to afford to an authorised officer all reasonable facilities for the inspection and measurement of any stocks of tea carried in connection with the business ;

(c) to give to an authorised officer any information which he may reasonably require in regard to the purchase, acquisition, storage, sale or disposal of tea for the purposes of the business.

22.—Every person who carries on, or is employed in connection with the business of selling tea by retail at any shop is hereby required, from time to time—

(a) to produce, at the request of an authorised officer, to such officer any books or documents relating to the purchase and sale or disposition of tea for the purposes of the business at that shop, which are in the power, possession or procurement of such person, and to permit such officer to inspect and take extracts from such books or documents, and to give to such officer any information which he may reasonably require, in regard to any entries in such books or documents ;

(b) to afford to an authorised officer all reasonable facilities for the examination, inspection and taking stock of any tea carried in connection with such business ;

(c) to give to an authorised officer any information which he may reasonably require in regard to the purchase acquisition, storage, sale or disposal of tea for the purposes of the business.

23.—(1) The Minister may, whenever and so often as he thinks fit, serve on any tea wholesaler or on any tea retailer, a notice requiring any such wholesaler or retailer to furnish to the Minister, at such times as may be specified in the notice, periodical or other returns containing such particulars relating to any such business as may be specified in the notice.

(2) A notice under this Article may require any return to be made thereunder to be in a form specified in the notice.

(3) Where a notice under this Article is served on any person such person shall comply with the requirements of such notice.

PART IV. SUPPLEMENTAL PROVISIONS RELATING TO LICENSED TEA WHOLESALERS AND LICENSED TEA RETAILERS.

24.—(1) In this Part of this Order—

the expression " coupon certificate " means a certificate in the Form T.60 set out in the Second Schedule to this Order ;

the expression " tea trader " means a licensed tea wholesaler or a licensed tea retailer ;

(2) For the purposes of this Part of this Order—

(a) a coupon certificate shall be valid only for the ration period or the part of the ration period in respect of which it was surrendered ;

(b) the monthly exchange value of a valid coupon certificate shall be—

(i) in the case of a quota month containing five Saturdays—a quantity of tea equal to ten ounces multiplied by the number of valid coupons specified in the coupon certificate, and

(ii) in any other case—a quantity of tea equal to eight ounces multiplied by the number of valid coupons specified in the coupon certificate.

25.—(1) Not later than three weeks before the commencement of a ration period, a licensed tea retailer shall—

(a) detach the appropriate tea coupons from the registration pages, applicable to such period, held by him and affix the coupons in the appropriate spaces in the Form T.60A the form of which is set out in the Second Schedule to this Order ;

(b) complete and sign the top portion of Part I of a coupon certificate in respect of Forms T.60A which he has surrendered to each of his licensed tea wholesalers ;

(c) surrender to his licensed wholesaler or wholesalers (as the case may be) such number of Forms T.60A bearing coupons as he has in his possession ; and

(d) surrender a relevant coupon certificate, completed by him, to each licensed tea wholesaler to whom he has surrendered Forms T.60A.

(2) A licensed tea retailer shall not surrender, in respect of any ration period, coupon certificates in relation to a greater number of tea coupons than he has surrendered under this Article in respect of such ration period.

(3) A person shall not, in any document made under this Article, make any statement which is false.

26.—(1) Not later than two weeks before the commencement of a ration period, a licensed tea wholesaler shall—

(a) complete and sign the bottom portion of Part I of coupon certificates surrendered to him by licensed tea retailers ;

(b) complete and sign Part II of such coupon certificates ;

(c) send Part I of such coupon certificates, completed by him, together with the Forms T.60A to which they relate to the Secretary, Department of Industry and Commerce, Dublin ;

(d) send Part II of such coupon certificates, completed by him, to his tea supplier.

(2) Whenever Part II of a coupon certificate is duly transferred by one licensed tea wholesaler to another such wholesaler, the latter shall endorse in the appropriate spaces thereon the date of receipt by him of the said Part II and his name and address and shall forthwith send the said Part II to his immediate tea supplier.

(3) Where tea is delivered or to be delivered on sale by one tea trader to another tea trader under this Part of this Order upon the transfer of a coupon certificate, all documents passing between tea traders in relation thereto and all entries relating to the purchase and sale of the tea in records or documents kept by such tea traders shall contain a reference to the serial number printed on the coupon certificate.

27.—(1) Notwithstanding Article 25, during the currency of a ration period a licensed tea retailer may, if he has, at the appropriate time before that ration period, complied with the said Article 25—

(a) detach the appropriate tea coupons from the registration pages applicable to such ration period, held by him subsequent to his said compliance with the said Article 25 ;and

(b) surrender to his licensed wholesaler or wholesalers (as the case may be) the said coupons so detached.

(2) Where a licensed tea retailer is granted a tea retailer's licence too late to enable him to comply with the provisions of Article 25 of this Order, the provisions in paragraph (1) of this Article requiring such compliance shall not apply to him.

28.—(1) Notwithstanding Article 26, during the currency of a ration period a licensed tea wholesaler at the end of each month shall, if he has, at the appropriate time before that ration period, complied with the said Article 26—

(a) affix the coupons (if any), received by him by virtue of Article 27 of this Order, in the appropriate spaces in a Form T60A ;

(b) complete and sign the bottom portion of Part I of a coupon certificate in respect of such coupons ;

(c) complete and sign Part II of such coupon certificate ;

(d) send Part I of such coupon certificate completed by him together with the Form T.60A to which it relates to the Secretary, Department of Industry and Commerce, Dublin, and

(e) send Part II of such coupon certificate, completed by him, to his tea supplier.

(2) Where a licensed tea wholesaler is granted a tea wholesaler's licence too late to enable him to comply with the provisions of Article 26 of this Order, the provision in paragraph (1) of this Article requiring such compliance shall not apply to him.

29.—Where a tea trader, in due time, transfers to another tea trader a coupon certificate valid for a particular ration period, the latter tea trader may, during each quota month comprised in such ration period, deliver on sale to such first-mentioned tea trader a quantity of tea not exceeding the appropriate monthly exchange value of such coupon certificate.

30.—Where, during the currency of a ration period, a tea trader duly surrenders a number of tea coupons under this Order to another tea trader, the latter tea trader may, in respect of the quota month in which the coupons were first surrendered and each subsequent quota month in the ration period, deliver on sale to such first-mentioned tea trader a quantity of tea not exceeding the monthly exchange value of a coupon certificate valid for that ration period and relating to that number of tea coupons.

31.—Where a licensed tea wholesaler surrenders a coupon certificate completed by him under Article 28 of this Order, the certificate shall be construed as an undertaking to supply the appropriate monthly quota of tea during the currency of the ration period during which the coupon certificate is surrendered and the coupon certificate shall be construed and have effect accordingly.

FIRST SCHEDULE.

ORDERS REVOKED.

Tea Order, 1949, ( S.I. No. 223 of 1949 ).

Tea Order, 1949 (Amendment) Order, 1950 ( S.I. No. 28 of 1950 ).

SECOND SCHEDULE.

PART I.

CERTIFICATE BY A LICENSED TEA RETAILER TO ACCOMPANY TEA COUPONS FORWARDED TO A LICENSED TEA WHOLESALER.

I/We ............................................................ ............................................................ ........................ (tea retailer)

of............................................................ ............................................................ ....................................................

hereby certify that the .......... (number) valid tea coupons affixed by me/us to the attached tea coupon sheet/s (Form T.60A) are the appropriate tea coupons detached from the Ration Books of my/our registered tea customers and I hereby apply for corresponding monthly quotas during the next ration period.

Signed ............................................................ ...........

(Proprietor, Manager, etc.)

Date......................................... 19..........

INSTRUCTIONS TO RETAILERS.

When the above certificate has been completed, this form together with the appropriate tea coupon sheet/s (Form T.60A) should be forwarded by the tea retailer to the licensed tea wholesaler from whom he desires to obtain the appropriate monthly quota during the next ration period. These documents should be lodged with the wholesaler on or before the date which will be indicated in official announcements.

CERTIFICATE BY LICENSED TEA WHOLESALER.

I/We hereby certify that I/we will deliver during the next ration period to the above retailer monthly quotas of subsidised tea appropriate to the .......... (number) valid tea coupons affixed to the attached tea coupon sheet/s (Form T.60A).

Signed ............................................................ ........

(Licensed tea wholesaler.)

Date........................................................ 19...........................  Address.................................................

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

INSTRUCTIONS TO LICENSED TEA WHOLESALER.

When the wholesaler has completed above certificate he should detach this Part I of Form T.60, attach it securely to the relevant tea coupon sheet/s and forward the documents to :—

The Secretary,

Department of Industry and Commerce,

Griffith Barracks,

Dublin.

Serial No.

Form T.60.

PART II.

CERTIFICATE BY LICENSED TEA WHOLESALER.

I/We............................................................ ............................................................ ....................................................... of............................................................ ..........................................(being the holder of a tea wholesaler's licence) hereby certify that I/we have forwarded to the Secretary, Department of Industry and Commerce, Dublin, Part I of this Form T.60 duly completed together with the relevant tea coupon sheet/s (Form T.60A) bearing a total of ....................(number) valid tea coupons in exchange for which I/we will supply during the next ration period the appropriate monthly quotas of subsidised tea to the tea retailer concerned.

Signed............................................................ .....

(Proprietor, Manager, etc.)

Date ......................................... 19......

INSTRUCTIONS TO LICENSED WHOLESALERS.

When the wholesaler has completed above certificate he should transfer this Part II of Form T.60 to his immediate supplier and so on until it reaches Tea Importers, Ltd.

Endorsements by Licensed Tea Wholesalers.

FOR OFFICIAL USE ONLY.

Compared with Part I of this Form and coupon sheets.    No. of valid coupons............

No. of invalid coupons.........

Initials.......... Date..........

TEA COUPON SHEET.

or FmT. 60A.

Serial No. of covering Form T. 60...............

Name and address of Retailer.....................

Name and address of Wholesaler..........

GIVEN under my Official Seal this 30th day of May, 1950.

(Sgd.) DANIEL MORRISSEY,

Minister for Industry and Commerce.