S.I. No. 2/1966 - Stem and Bulb Eelworm Order, 1966.

S.I. No. 2 of 1966.

STEM AND BULB EELWORM ORDER, 1966.

I, CHARLES J. HAUGHEY, Minister for Agriculture and Fisheries, in exercise of the powers conferred on me by sections 2 and 3 of the Destructive Insects and Pests (Consolidation) Act, 1958 (No. 11 of 1958), as adapted by the Agriculture (Alteration of Name of Department and Title of Minister) Order, 1965 ( S.I. No. 146 of 1965 ), for the purpose of preventing the introduction into or the spreading in the State of the Stem and Bulb Eelworm (Ditylenchus dipsaci), hereby order as follows :—

1.—(1) This Order may be cited as the Stem and Bulb Eelworm Order, 1966.

(2) This Order shall come into operation on the 17th day of January, 1966.

2.—(1) In this Order—

" the Minister " means the Minister for Agriculture and Fisheries ;

" onion seed " includes the seed of shallot, leek or chives ;

" importer " means any person by whom or on whose behalf onion seed is imported ;

" inspector " means a person authorised in writing by the Minister to be an inspector for the purposes of this Order.

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

3.—(1) A person shall not import onion seed save—

(a) such seed 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 onion seed 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) issued in respect of the seed by a duly authorised official of the Phytopathological Service of the country in which the seed was 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 consignor to the Secretary, Department of Agriculture and Fisheries, Dublin, before the despatch of the consignment.

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

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

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

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

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

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

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

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

4.—(1) Whenever any onion seed is imported in contravention of this Order, the seed shall, unless its 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 onion seed is required by paragraph (1) of this Article to be destroyed forthwith by the importer and it is not so destroyed, the importer shall be guilty of an offence against this Order.

(3) Whenever any onion seed is imported in contravention of this Order and a licence under this Article has been granted in relation to it, it shall not be lawful to dispose of the seed otherwise than in accordance with the licence, and if the seed is 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.

5.—(1) It shall not be lawful for any person to sell any onion seed imported in contravention of this Order or, save in accordance with this Order or under a licence granted under Article 4 of this Order, to dispose otherwise of the seed.

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

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

(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.

7. Any officer of customs and excise, member of the Garda 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 wagon, any ship, boat or other vessel or craft, any aircraft or any place where ships, boats or other vessels or craft or aircraft are loaded or unloaded and examine and take samples of any onion seed therein, and open any packages suspected by him of containing onion seed.

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

9. 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.

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

11. Paragraph (c) of the First Schedule to the Destructive Insects and Pests (Ireland) Order, 1922 is hereby revoked.

GIVEN under my Official Seal, this 3rd day of January, 1966.

CHARLES J. HAUGHEY,

Minister for Agriculture and Fisheries.

EXPLANATORY NOTE.

The effect of the Order is to prohibit the importation of onion seed except from Northern Ireland or under licence, to which conditions may be attached.