Agricultural Produce (Eggs) Act, 1924

• Permanent Page URL

Number 35 of 1924.

AGRICULTURAL PRODUCE (EGGS) ACT, 1924.

ARRANGEMENT OF SECTIONS

PRELIMINARY

PART I

Export of Eggs

PART II

Registration of Premises

PART III

Miscellaneous and General

SCHEDULE

Number 35 of 1924.

AGRICULTURAL PRODUCE (EGGS) ACT, 1924.

AN ACT TO REGULATE THE EXPORT OF EGGS, AND FOR THAT PURPOSE TO MAKE PROVISION FOR THE REGISTRATION OF PREMISES CONCERNED IN THE EXPORT OF EGGS, AND TO PROVIDE FOR OTHER MATTERS RELATING TO THE SALE OF EGGS. [30th July, 1924.]

BE IT ENACTED BY THE OIREACHTAS OF SAORSTÁT EIREANN AS FOLLOWS:—

PRELIMINARY.

Short title and commencement.

1.—This Act may be cited as the Agricultural Produce (Eggs) Act, 1924, and shall come into operation on such day, not later than the 1st day of August, 1925, as the Minister shall by order appoint.

Definitions.

2.—In this Act—

the expression “the Minister” means the Minister for Lands and Agriculture;

the word “package” includes any box, crate, case, wrapper, or other receptacle containing or capable of containing eggs for transport, and, where the context so requires, includes the contents of such receptacle;

the word “inspector” includes any person authorised (either generally or for a special occasion) by the Minister to exercise all or any of the powers and perform all or any of the duties conferred and imposed on an inspector by this Act;

the word “eggs” means eggs in the shell of domestic fowls and ducks·

the word “prescribed” means prescribed by regulations made under this Act;

the expression “register of exporters” means the register kept pursuant to this Act under that name;

the expression “register of preservers” means the register kept pursuant to this Act under that name.

PART I

EXPORT OF EGGS.

Export of eggs.

3.—(1) Subject to the exceptions mentioned in this section all eggs exported from Saorstát Eireann after the commencement of this Act shall comply with the following conditions, that is to say:—

(a) the eggs shall have been tested, graded and packed in accordance with the provisions of this Act and any regulations made thereunder upon premises then registered in the register of exporters, and

(b) the eggs shall not have been removed from the package in which they were so packed upon such premises, and

(c) the eggs shall be clean and fit for human consumption, and

(d) each of the eggs and also the package containing such eggs, shall be marked with the marks (if any) pre scribed by regulations made under this Act, and

(e) the eggs shall be exported by the registered proprietor direct from the registered premises upon which they were packed.

(2) Every person who shall at any time after the expiration of two months from the commencement of this Act export or attempt to export any eggs which do not comply with all the conditions prescribed by the foregoing sub-section shall be guilty of an offence under this section.

(3) Every person who shall carry by land or sea for reward any eggs which are being or are intended to be exported in contravention of this section shall, if such carrying is done in the course or for the purpose of the exportation of such eggs, be guilty of an offence under this section unless such person proves that he did not know and could not reasonably have known that such eggs were being exported in contravention of this section.

(4) Every person guilty of an offence under this section shall be liable on summary conviction thereof, in the case of a first offence to a fine not exceeding twenty pounds, and in the case of a second or any subsequent offence to a fine not exceeding fifty pounds, or, at the discretion of the court to imprisonment for any term not exceeding six months or to both such fine and imprisonment.

(5) This section shall not apply to any eggs exported—

(a) by means of the parcel post; or

(b) in any consignment the total gross weight of which does not exceed the maximum weight for the time being allowed to be sent by the parcel post; or

(c) for the purpose of incubation in quantities not exceeding the prescribed maximum contained in packages marked in the prescribed manner; or

(d) under and in accordance with an exportation licence granted under this Act; or

(e) in a package consigned and forwarded through Saorstát Eireann from any place outside Saorstát Eireann to any other such place but not otherwise dealt with in Saorstát Eireann.

Inspection, etc., of eggs.

4.—(1) Any inspector shall be entitled at all reasonable times to enter upon and have free access to the interior of—

(a) any premises registered under this Act; or

(b) any premises in which eggs are sold, or are exposed, kept, or stored for sale; or

(c) the premises of any person engaged in the business of carrying goods for reward; or

(d) any warehouse or other premises of any person engaged in the business of warehousing goods intended for export or in process of being exported; or

(e) any pier, quay, wharf, jetty, dock, or dock premises; or

(f) any ship, boat, railway waggon, motor lorry, cart, or other vessel or vehicle used for the conveyance of goods.

(2) Any inspector may inspect any eggs, or any package found in any place upon or to which he is entitled under this section to enter or have access or upon or in any public place,: and may open any such package which he reasonably believes or suspects to contain eggs, and may take and remove without payment—

(a) reasonable samples of any eggs found in any such place, whether such eggs are or are not contained in a package; and

(b) reasonable samples of any packing materials in which any such eggs are packed; and

(c) any one package forming part of a consignment of eggs found in any such place.

(3) If any person—

(a) obstructs or impedes any inspector in the exercise of any of the powers conferred on him by this section; or

(b) knowing the name or other particulars of the consignor, consignee, or owner of any eggs or of any package which an inspector is entitled to inspect under this section, refuses to give such name or other particulars to such inspector; or

(c) wilfully or recklessly gives to such inspector any false or misleading name or other particular of any such consignor, consignee, or owner,

such person shall be guilty of an offence under this section and shall be liable on summary conviction thereof, in the case of a first offence to a penalty not exceeding five pounds, and in the case of a second or any subsequent offence to a penalty not exceeding ten pounds.

(4) Where any sample or package is taken by an inspector under this section it shall be the duty of such inspector to notify the owner or the consignor and the consignee (if and so far as their names and addresses are known to or can reasonably be ascertained by him) of the taking of such sample or package.

(5) If on the examination of any package taken under this section it appears to the Minister that there was a contravention or attempted contravention of any of the provisions of this Act or any regulations made thereunder in relation to the consignment from which the package was taken, the package shall be, forfeited to the Minister, and in any other case the package shall be disposed of in accordance with the directions of the consignor or, in default of such directions, shall be sold and the net proceeds of sale paid to the consignor.

(6) Neither the Minister, nor any inspector shall be liable for any loss or damage arising from the exercise by an inspector of any of the powers conferred on him by this section, and no action shall lie against the consignor, or any other person, for or on account of any such loss or damage as aforesaid.

Licences to export eggs.

5.—(1) The Minister may, upon the application of any person in the prescribed form and manner and upon payment by that person of the fees specified in the Schedule to this Act, grant to such person a licence to export the consignment of eggs specified in the licence to such consignee (if any), by such route (if any), and subject to such conditions as are stated in the licence.

(2) A licence granted under this section shall operate to authorise the person to whom the same is granted to export in accordance with the terms of the licence, the consignment of eggs specified therein.

(3) The Minister may at any time before a consignment of eggs specified in a licence is actually exported, revoke the licence relating to such consignment.

(4) If any person to whom a licence has been granted under this section contravenes any of the terms or conditions contained in such licence, or if any person falsely represents by means of a mark on the consignment or otherwise that any consignment of eggs is being exported pursuant to any such licence he shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a penalty not exceeding twenty pounds.

(5) There shall be paid to the Minister by every person to whom a licence is granted, the fees specified in the Schedule to this Act.

Powers of officers of customs and excise.

6.—Officers of customs and excise shall have the like powers in relation to any eggs and packages, the export of which is prohibited or restricted by this Act as such officers respectively have by law in relation to other articles the export of which is prohibited or restricted by law.

PART II.

REGISTRATION OF PREMISES.

Registration of premises.

7.—(1) The Minister shall cause to be kept—

(a) a register (to be called and known as the Register of Exporters) of all premises in Saorstát Eireann in which the business of testing, grading, and packing eggs for export is carried on; and

(b) a register (to be called and known as the Register of Preservers) of all premises in Saorstát Eireann in which the business of preserving eggs (whether by cold storing, pickling, or otherwise), but not the business or any part of the business of testing, grading, and packing eggs for export, is carried on.

(2) There shall be entered in the said registers in respect of all premises registered therein respectively the following particulars:—

(a) the full name and description of the person (in this Act referred to as the registered proprietor) carrying on in such premises the business in respect of which the same are registered; and

(b) a description of the situation of the premises (in this Act referred to as the registered premises) sufficient to identify the same and the limits and extent thereof.

(3) The Minister shall, before registering any premises in the register of exporters, be satisfied that—

(a) the premises are structurally suited for carrying on the business of testing, grading, and packing eggs for export, and are sufficiently provided with equipment, fittings, and appliances suitable for that business; and

(b) the premises, and the equipment, fittings, and appliances thereof are in a state of cleanliness and good repair; and

(c) the premises contain adequate and suitable accommodation for the carrying on, in accordance with this Act and regulations made thereunder, of the business of testing, grading, and packing eggs, and for the proper storage of a quantity of packages and packing materials sufficient to supply for such period as may be prescribed, not exceeding twenty-eight days, the ordinary requirements of the said business as carried on in the premises; and

(d) the premises are properly equipped with the prescribed appliances and requisites for testing, grading, and packing eggs, and for marking eggs and the packages in which they are packed for export; and

(e) the quantity of eggs tested, graded, and packed upon the premises during each week (commencing at noon on Sunday) on which any eggs are tested, graded, or packed on the premises is not less than the prescribed minimum quantity.

Application for registration of premises.

8.—(1) Every application for the registration of any premises under this Act, or for the alteration or cancellation of any such registration, shall be made in writing in the form and manner and shall contain the particulars prescribed by regulations made under this Act.

(2) Whenever an application has been made under this section for the registration of any premises, the Minister shall cause such premises to be inspected by an inspector.

(3) Every refusal by the Minister of an application for the registration of any premises under this Act shall state the reason for such refusal, and no such refusal shall prevent the making of a fresh application in respect of the same premises at any subsequent time.

Fees payable in respect of registered premises.

9.—(1) There shall be paid to the Minister by the person applying for the registration of any premises in the register of exporters the fee specified in the Schedule to this Act, and the payment of such fee shall be a condition precedent to the entertainment of the application by the Minister.

(2) There shall be paid to the Minister by the person applying for registration of any premises in the register of exporters the deposit specified in the Schedule to this Act on account of the first annual fee payable in respect of such premises, and the payment of such deposit shall be a condition precedent to the registration of the premises,

(3) There shall be paid to the Minister in respect of every year by the registered proprietor of every premises registered in the register of exporters the fee (in this Act called the annual fee) specified in the Schedule to this Act.

(4) The first annual fee to be paid by the registered proprietor of any premises registered in the register of exporters shall be calculated on the quantity of eggs, ascertained in the prescribed manner, exported from such premises during the period between the completion of the registration and the end of the calendar year in which the premises were registered and shall become due on the 31st day of December of that year, and the difference between such fee and the deposit paid on account thereof as aforesaid shall be paid by or returned to (as the case may require) the registered proprietor before the 17th day of March, in the year next following.

(5) Every subsequent annual fee shall become due on the 31st day of December in the year in respect of which such fee is payable and shall be paid before the 17th day of March, in the year next following, and shall be calculated on the quantity of eggs, ascertained in the prescribed manner, exported from the registered premises in the year in respect of which the fee is payable.

(6) As soon as may be after the end of each year, the total amount of eggs exported from every registered premises during that year shall be ascertained in the prescribed manner, and the amount of the annual fee payable in respect of that year shall be calculated accordingly.

(7) Every registered proprietor shall make for the purposes of this section such returns, to such persons, at such times, and in such forms as shall be prescribed.

(8) If any registered proprietor shall fail to pay any annual fee payable in respect of his registered premises, or any sum added to such annual fee by way of adjustment under this section, before the 17th day of March in the year in respect of which the same is payable under this section, the registration of such registered premises shall be cancelled by virtue of this section as on and from such 17th day of March.

(9) Where the registration of any registered premises is cancelled pursuant to this section, and the fee, the non-payment of which occasioned such cancellation, is paid within three months after such cancellation, the Minister may restore such premises to the register as on and from the date on which such fee is so paid.

(10) In this section the expression “registered proprietor” shall be construed as referring to the registered proprietor for the time being, save that where the premises shall have ceased to be registered the said expression shall be construed as referring to the person who was the registered proprietor immediately before the cesser of registration.

Rectification and cancellation of registration.

10.—(1) The Minister may at any time alter or cancel the registration of any premises under this Act upon the application of the registered proprietor, or in the case of an individual, the personal representative, or, in the case of an incorporated body, the liquidator, of the registered proprietor.

(2) The Minister may at any time, without any such application as aforesaid, alter the registration of any premises under this Act in any respect in which such registration appears to him to be erroneous or misleading.

(3) The Minister may at any time, without any such application as aforesaid, cancel the registration of any premises registered under this Act if he is satisfied—

(a) that the registration of the premises was procured by fraud or by misrepresentation whether fraudulent or innocent; or

(b) that the premises have ceased to be eligible for registration in the register in which the same are registered; or

(c) that the registered proprietor, if an individual, has died, or, if an incorporated body, has been dissolved, and no other person has, within one month after such death or dissolution, been registered as proprietor in the place of the registered proprietor so dead or dissolved; or

(d) that there has been any contravention (whether by way of commission or of omission) of this Act or any regulations made thereunder on the premises; or

(e) that the registered proprietor having made a contract for the sale of eggs to be exported from premises of which he is the registered proprietor has without reasonable cause failed or omitted to carry out such contract.

(4) Before altering or cancelling (otherwise than in accordance with an application in that behalf made under this section) the registration of any; premises under this Act, the Minister shall give at least one fortnight's notice in writing of his intention so to cancel or alter such registration to the registered proprietor, and shall consider any representations made before the expiration of such notice by such proprietor, and may if he thinks fit cause an inquiry to be held in relation to the matter.

Publication of contents of registers.

11.—(1) The Minister may publish in such manner as he may think fit—

(a) all or any of the matters entered in any register kept under this Act; and

(b) notice of the cancellation or alteration of the registration of any registered premises; and

(c) notice of any conviction for an offence against this Act or any section thereof or any regulation made thereunder.

(2) No individual return or part of a return furnished in pursuance of this Act shall be published or disclosed except, for the purposes of a prosecution under this Act.

(3) The Minister may from time to time collect and publish such statistical information (including statistics derived from, returns made pursuant to this Act) with respect to the extent and condition of the egg-trade as he may think fit.

Evidence of contents of registers.

12.—(1) The register of exporters and the register of preservers shall respectively be—

(a) deemed to be in the proper custody when in the custody of the Minister or of any officer of the Minister authorised in that behalf by the Minister; and

(b) admissible in evidence without further proof on production from the proper custody.

(2) Prima facie evidence of any entry in the register of exporters or the register of preservers may be given in any court or any legal proceeding by the production of a copy of such entry purporting to be certified to be a true copy by any officer of the Minister authorised in that behalf, and it shall not be necessary to prove the signature of such officer or that he was in fact such officer or was in fact so authorised.

(3) A certificate, purporting to be under the hand of an officer of the Minister authorised in that behalf by the Minister, that any premises specified in such certificate are not entered in the register of exporters οr the register of preservers (as the case may be) shall be conclusive evidence of the matters so certified, and it shall not be necessary to prove the signature of such officer, or that he was in fact such officer, or was in fact so authorised.

(4) Any person may—

(a) inspect the register of exporters or the register of preservers on payment of such fee, not exceeding one shilling for each inspection, as shall be prescribed;

(b) obtain a copy, certified in manner hereinbefore mentioned to be a true copy, of any entry in either of the registers aforesaid on payment of such fee, not exceeding sixpence for each folio of the copy, as may be prescribed;

(c) obtain such certificate as is hereinbefore mentioned that any specified premises are not registered in one of the said registers, on payment of such fee, not exceeding two shillings and sixpence for each certificate, as may be prescribed.

Register to be kept on registered premises.

13.—(1) It shall be the duty of every registered proprietor to keep or cause to be kept in the registered premises of which he is the registered proprietor a register in the prescribed form of all consignments of eggs despatched from those premises, and within twelve hours after the despatch of any such consignment to enter or cause to be entered in such register the prescribed particulars of the quantity of eggs comprised therein, and the name and address of the person to whom and the route by which the same was consigned.

(2) Every register kept in pursuance of this section may be inspected at any time during office hours by any inspector, and it shall be the duty of the registered proprietor to produce for the inspection of such inspector on demand such register and also all invoices, consignment, notes, receipts, and other documents (including copies thereof where the originals are not available) reasonably demanded by such inspector for the purpose of verifying any entry in or explaining any omission from such register.

(3) If any registered proprietor—

(a) fails to keep or cause to be kept such register as is required by this section, or

(b) fails to make or cause to be made in such register within the time prescribed by this section any entry required by this section to be made therein, or

(c) fails to produce or cause to be produced for the inspection of an inspector on demand any register, document, or copy of a document which he is required by this section so to produce, or obstructs any such inspector in the making of such inspection, or

(d) wilfully or negligently makes or causes to be made in such register any entry which is false or misleading in any material particular,

he shall be guilty of an offence against this section and shall be liable on summary conviction thereof to a penalty not exceeding twenty pounds.

(4) For the purposes of this section—

(a) inspection of a register or document shall include taking copies thereof or extracts therefrom; and

(b) a demand for inspection of a register or other document shall be deemed to have been duly made to the registered proprietor if such demand is made verbally on the registered premises to any person in the employment of the registered proprietor; and

(c) a refusal or failure to produce a register or other document for inspection if made or committed on the registered premises by a person in the employment of the registered proprietor shall be deemed to have been made or committed by the registered proprietor; and

(d) the expression “office hours” means any time between the hours of ten o'clock in the morning and five o'clock in the afternoon during which business is being carried on or work is being done on the registered premises.

Regulations for testing, etc., of eggs on registered premises.

14.—(1) The Minister may by order make regulations in regard to all or any of the following matters, that is to say:—

(a) the method and manner in all or any respects of testing eggs;

(b) the method and manner in all or any respects of grading eggs;

(c) the method and manner in all or any respects of packing eggs, including the materials and packages to be used for such packing;

(d) the grades and descriptions of eggs which may or may not be packed in the same package;

(e) the prohibition of packing of any particular grades or descriptions of eggs;

(f) the mode in, and means by which the prescribed marks are to be placed on eggs and packages;

(g) the description of eggs which may or may not be brought on to the premises.

(2) Regulations made under this section shall apply only to premises registered in the register of exporters.

(3) All eggs, tested, graded, and packed in any premises registered in the register of exporters shall be tested, graded, packed and marked and the packages in which such eggs are so packed shall also be marked in accordance in all respects with the regulations made under this section and for the time being in force.

Regulations as to marking eggs and packages.

15.—(1) The Minister may by order make regulations prescribing the marks to be placed on every package of eggs sold on or exported or consigned from any premises registered in the register of exporters for the purpose of indicating all or any of the matters following, that is to say:—

(a) the grade of the eggs contained in such package;

(b) the premises on which such eggs were packed;

(c) in the case of preserved eggs, that such eggs are preserved;

(d) that such eggs were produced in Saorstát Eireann; and

(e) any other matter which in the opinion of the Minister should be indicated on such package.

(2) The Minister may also by order make regulations prescribing the marks to be placed on every egg sold on or consigned from any premises registered in the register of exporters for the purpose of indicating all or any of the matters mentioned in the foregoing sub-section and any other matter which in the opinion of the Minister should be indicated on such eggs.

(3) For the purpose of so much of the foregoing sub-sections as relates to indicating the premises on which eggs were packed, the Minister may assign to every premises registered in the register of exporters a distinctive mark, and may by the regulations made by him under this section require the marks so assigned to be used as the mark for indicating the premises on which packages or eggs were packed.

(4) Whenever any mark is prescribed by regulations made under this section as the mark to be placed on eggs of any particular grade, description, or place of production, or packed in any particular premises, or on packages containing eggs of any such grade, description, or place of production, or packed in any such premises, the application of such mark to eggs of any other grade, description, or place of production, or to any package containing any such eggs or to any eggs or package packed on any other premises shall be taken to be a false trade description within the meaning of the Merchandise Marks Acts, 1887 to 1911, and the provisions of those Acts, including the penal provisions, shall apply accordingly.

(5) For the purposes of this section a mark shall be deemed to be applied if it is applied within the meaning of the Merchandise Marks Acts, 1887 to 1911.

(6) In this section the word “mark” includes any word, letter, figure, or design, or any combination of words, letters, figures and designs or any one or more of them.

Sale of eggs on registered premises.

16.—(1) It shall not be lawful for any person to sell, or offer or consign for sale, on or from any premises registered in the register of exporters any quantity of eggs amounting to or exceeding thirty dozen unless such eggs have been graded, tested, and packed, and the eggs and also the packages containing such eggs have been marked in all respects in accordance with the provisions of the regulations made under this Act and for the time being in force.

(2) If any eggs shall be sold or offered or consigned for sale in contravention of this section, the registered proprietor of the premises on or from which such eggs are so sold or offered or consigned for sale, shall be guilty of an offence under this section and shall be liable on summary conviction thereof in the case of a first offence, to a penalty not exceeding ten pounds, or in the case of a second or any subsequent offence, to a penalty not exceeding twenty pounds.

Inspection of registered premises.

17.—(1) Any inspector shall be entitled at all reasonable times to enter any premises registered in the register of exporters or in respect of which an application for registration in that register has been made, and there to do all or any of the matters following, that is to say:—

(a) to inspect all or any part of such premises and the equipment, appliances and fittings therein;

(b) to observe all or any of the processes of testing, grading, and packing of eggs conducted in such premises;

(c) to examine all or any eggs, packages, and packing materials on such premises and to take reasonable samples of all or any of such eggs, packages, and packing materials.

(2) Any inspector shall be entitled at all reasonable times to enter any premises registered in the register of preservers or in respect of which an application for registration in that register has been made, and to inspect all or any part of such premises and the equipment, appliances and fittings therein.

(3) Every person who shall obstruct or impede any inspector in the exercise of any of the powers conferred on him by this section shall be guilty of an offence against this section and shall be liable on summary conviction thereof to a penalty not exceeding five pounds.

PART III.

MISCELLANEOUS AND GENERAL.

Prohibition of sale of dirty or unfit eggs.

18.—(1) Any person who sells, exchanges or barters or offers or exposes for sale, exchange or barter any eggs which are externally dirty or which are unfit for human consumption, shall be guilty of an offence under this section and shall be punishable accordingly.

(2) With a view to preventing the sale, exchange, or barter, and the offering or exposing for sale, exchange or barter of eggs which are externally dirty or are unfit for human consumption, the Minister may by order make regulations in regard to all or any of the following matters, that is to say:—

(a) the packages and packing materials used for packing eggs;

(b) the method and manner in all or any respects of protecting eggs from wet, damp, dirt, or contamination of any sort while stored or in course of packing or transport;

(c) the marking for identification purposes of eggs or the packages containing eggs.

(3) Any person who contravenes in any respect any regulation made under this section shall be guilty of an offence against this section and shall be punishable accordingly.

(4) Any person guilty of an offence under this section 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 or, at the discretion of the court, to imprisonment for any term not exceeding six months or to both such imprisonment and fine.

(5) Regulations made under this section shall not apply to any circumstances in respect of which the Minister is authorised by any other section of this Act to make regulations in regard to a similar subject matter.

Saving clause as to powers of Minister for Local Government and Public Health.

19.—The powers conferred on the Minister by this Act shall be and be exercised without prejudice to the exercise by the Minister for Local Government and Public Health of the powers conferred on him by the Public Health (Regulations as to Food) Act, 1907.

General regulations.

20.—(1) The Minister may by order make regulations in regard to any matter or thing referred to in this Act as prescribed, or as being or to be prescribed.

(2) Any regulations made by the Minister under this Act may relate to several matters in respect of which the power to make regulations is conferred by different sections of this Act.

(3) Any regulations made by the Minister under this Act in regard to fees shall be subject to the approval of the Minister for Finance.

(4) Regulations made by the Minister under this Act shall be laid before each House of the Oireachtas as soon as may be after they are made, and if a resolution is passed by either House of the Oireachtas within the next subsequent twenty-one days on which that House has sat annulling such regulations such regulations shall be annulled accordingly, but without prejudice to the validity of anything previously done under such regulations.

Expenses.

21.—All expenses of carrying this Act into effect shall, to such extent as shall be sanctioned by the Minister for Finance, be paid out of moneys to be provided from time to time by the Oireachtas.

Offences.

22.—Every offence under any provision of this Act may be prosecuted by or at the suit of the Minister as prosecutor.

SCHEDULE.

FEES.