S.I. No. 176/1954 - Creamery Butter and Butter Boxes Order, 1954.

S.I. No. 176 of 1954.

CREAMERY BUTTER AND BUTTER BOXES ORDER, 1954.

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 :

1. (1) This Order may be cited as the Creamery Butter and Butter Boxes Order, 1954.

(2) This Order shall come into operation on the 23rd day of August, 1954.

2. In this Order—

" creamery " and " creamery butter " have the meanings respectively assigned to them by the Dairy Produce (Price Stabilisation) Act, 1935 (No. 21 of 1935) ;

" society " means a society registered under the Industrial and Provident Societies Acts, 1893 to 1936 ;

" butter (wholesale) dealer " means a person who carries on the business of selling creamery butter by wholesale only, and shall include a society which was at any time the registered proprietor of premises registered in the register of creameries kept in pursuance of the Dairy Produce Act, 1924 (No. 58 of 1924), but does not include—

(a) a company (including a society) which purchases creamery butter mainly for resale to a company (including a society) in which it, or any of its shareholders, is a shareholder, or to two or more such companies, or

(b) a company (including a society) which purchases creamery butter mainly for resale to a shareholder in itself, or to two or more such shareholders ;

" butter box " means a 56 lb. box in which creamery butter has been sold.

3. No person shall sell wholesale any creamery butter (other than butter in rolls) at a price exceeding—

(a) if the purchaser is a butter (wholesale) dealer or the proprietor of a creamery :—

(i) where the quantity sold equals or exceeds 20 cwt., 391/- per cwt. ;

(ii) where the quantity sold is less than 20 cwt., 398/-per cwt. ;

(b) if the purchaser is not a butter (wholesale) dealer or the proprietor of a creamery—

(i) where the quantity sold equals or exceeds 20 cwt., 396/6d. per cwt. ;

(ii) where the quantity sold is less than 20 cwt., 400/-per cwt.

4. Where creamery butter is sold wholesale and the purchaser requests the vendor to deliver it to specified premises, the vendor shall deliver such butter free of charge either, as the vendor elects, to such premises or to the railway station nearest to such premises.

5. (1) No person, not being a butter (wholesale) dealer, shall sell or dispose of any empty butter box to any person other than the proprietor of a creamery or a butter (wholesale) dealer.

(2) No butter (wholesale) dealer shall sell or dispose of any empty butter box to any person other than the proprietor of a creamery.

6. Where a butter box is sold, the price to be paid for such box shall be—

(a) if the vendor is the proprietor of a creamery or a butter (wholesale) dealer, 4/6d. delivered by the vendor free of charge at the railway station nearest to the vendor's premises, which is most directly connected with the railway station nearest to the purchaser's premises ;

(b) if the vendor is neither the proprietor of a creamery nor a butter (wholesale) dealer and the purchaser is a butter (wholesale) dealer, 5/- delivered at the vendor's premises ;

(c) if the vendor is neither the proprietor of a creamery nor a butter (wholesale) dealer and the purchaser is theproprietor of a creamery, 5/- delivered by the vendor free of charge at the railway station nearest to the vendor's premises, which is most directly connected with the railway station nearest to the purchaser's premises.

7. This Order shall not apply to any creamery butter sold to a central marketing organisation operating under rules approved by the Minister for Agriculture.

8. The Creamery Butter and Butter Boxes (No. 2) Order, 1953 ( S.I. No. 307 of 1953 ), is hereby revoked.

GIVEN under my Official Seal, this 10th day of August, 1954.

(Signed) JAMES M. DILLON,

Minister for Agriculture.