Pigs and Bacon (Amendment) Act, 1956

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Number 37 of 1956.

PIGS AND BACON (AMENDMENT) ACT, 1956.

ARRANGEMENT OF SECTIONS

Number 37 of 1956.

PIGS AND BACON (AMENDMENT) ACT, 1956.

AN ACT TO AMEND AND EXTEND THE PIGS AND BACON ACTS, 1935 TO 1940. [14th November, 1956.]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:—

Interpretation.

1.—(1) In this Act

“the Act of 1937” means the Pigs and Bacon Act, 1937 (No. 23 of 1937);

“the Act of 1939” means the Pigs and Bacon (Amendment) Act, 1939 (No. 35 of 1939);

“carcase” when used in relation to a pig means the carcase (including the head with tongue, kidneys, tenderloins, fleck or flare, tail, backbone and feet) of such pig after slaughter;

“the Principal Act” means the Pigs and Bacon Act, 1935 (No. 24 of 1935).

(2) The Pigs and Bacon Acts, 1935 to 1940, and this Act shall be construed together as one Act.

Commencement.

2.—This Act shall come into operation on such day as the Minister appoints by order.

Minimum price orders.

3.—(1) The Commission may by order—

(a) fix, in respect of carcases of factory-purchased pigs of any grade of any graded class sold while the order is in force, the minimum price (in terms of a rate per hundredweight) thereof.

(b) fix, in respect of carcases of factory-purchased pigs of any non-graded class sold while the order is in force, the minimum price (in terms of a rate per hundredweight) thereof.

(2) The Commission may by order amend or revoke any order made under this section.

(3) Every order made under this section shall be expressed to come into operation and shall come into operation on a day not being earlier than the Monday next following the day on which the order is made.

(4) The Emergency Powers (No. 293) Order, 1943 (ES.R. & O., No. 318 of 1943), and the Emergency Powers (No. 293) Order, 1943 (Amendment) Order, 1956 ( S.I. No. 91 of 1956 ), are hereby revoked.

(5) An order made under the orders revoked by subsection (4) of this section which was in force immediately before the commencement of this Act shall continue in force and shall be regarded for the purposes of this section as an order made under this section.

Minimum prices.

4.—(1) Where an order under section 3 of this Act for the time being in force fixes a minimum price in respect of carcases of factory-purchased pigs of any grade of any graded class, no licensee shall purchase any factory-purchased pig, the carcase of which belongs to that grade of that graded class, at a sum lower than the following sum, namely, a sum calculated by reference to the weight of the carcase and the price fixed by the order for carcases of factory-purchased pigs of that grade of that graded class less—

(a) a sum equal to the sum for the time being fixed as the insurance allowance, and

(b) in case the carcase is damaged, the appropriate damage allowance, and

(c) in case the freight of the pig is paid by the licensee and a note stating the amount thereof is delivered to the vendor, the amount of the freight, and

(d) in case the pig is carried to the premises of the licensee in a vehicle owned by the licensee, the freight allowance.

(2) Where an order under section 3 of this Act for the time being in force fixes a minimum price in respect of carcases of factory-purchased pigs of any non-graded class, no licensee shall purchase any factory-purchased pig, the carcase of which belongs to that non-graded class, at a sum lower than the following sum, namely, a sum calculated by reference to the weight of the carcase and the price fixed by the order for carcases of factory-purchased pigs of that non-graded class less—

(a) a sum equal to the sum for the time being fixed as the insurance allowance, and

(b) in case the carcase is damaged, the appropriate damage allowance, and

(c) in case the freight of the pig is paid by the licensee and a note stating the amount thereof is delivered to the vendor, the amount of the freight, and

(d) in case the pig is carried to the premises of the licensee in a vehicle owned by the licensee, the freight allowance.

(3) (a) The Commission shall, before the commencement of the first order under section 3 of this Act, and may thereafter whenever they think fit, make an order—

(i) dividing the State into such and so many areas (in this subsection referred to as sale areas) as the Commission think fit; and

(ii) fixing, in respect of each sale area, the sum which is to be the freight allowance in respect of each factory-purchased pig sold in such area;

and different sums may be fixed in respect of different sale areas.

(b) The Commission may at any time revoke an order made under this subsection.

(c) In subsections (1) and (2) of this section “the freight allowance” means, in relation to a factory-purchased pig sold in a particular sale area, the sum for the time being fixed by an order under this subsection as the freight allowance in respect of any such pig sold in that area.

(4) For the purposes of this section, the weight of a carcase of a pig shall be ascertained by weighing the carcase when it is eviscerated and not later than half an hour after slaughter.

(5) If any licensee purchases any pigs in contravention of this section, he shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding ten pounds for every pig in respect of which the offence is committed.

(6) Any offence under this section may be prosecuted by or at the suit of the Commission as prosecutor.

(7) Proceedings for an offence under this section shall not be instituted except by or with the consent of the Commission.

(8) A contravention of this section by a licensee shall, for the purposes of section 30 of the Principal Act, be deemed a contravention of a provision of the Principal Act, and the said section 30 shall apply and have effect accordingly.

(9) (a) The operation of section 60 of the Act of 1937 is hereby suspended.

(b) The Minister may by order remove the suspension imposed by paragraph (a) of this subsection.

(c) Whenever the said section 60 is in force, the Minister may by order suspend its operation and may by subsequent order remove such suspension.

(d) An order under paragraph (c) of this subsection shall provide for the revocation of the immediately preceding order under this subsection.

Payments into Stabilisation Fund.

5.—(1) Notwithstanding anything contained in the Act of 1939, where the Commission are of opinion that there are moneys in the General Fund that are not required for the purposes of that fund and that those moneys are required for the purposes of the Stabilisation Fund, the Commission shall pay those moneys out of the General Fund and shall then pay them into the Stabilisation Fund.

(2) The Commission shall pay into the Stabilisation Fund any moneys provided by the Oireachtas towards the payment of subsidies under section 40 of the Act of 1939 on exported bacon.

Prohibition on pigs of a colour other than all white.

6.—(1) Pigs of a colour other than all white shall not be used for breeding purposes.

(2) Pigs of a colour other than all white shall not be kept, disposed of (including sold) or acquired (including purchased).

(3) Every person who contravenes this section shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding ten pounds for every pig in respect of which the offence is committed.

(4) Any offence under this section may be prosecuted by or at the suit of the Minister as prosecutor.

(5) Proceedings for an offence under this section shall not be instituted except by or with the consent of the Minister.

Accounting periods for purposes of section 15 of Principal Act.

7.—(1) If this Act comes into operation on a day in a period commencing on a 1st day of April and ending on the next following 30th day of September, the following (and no other) periods shall, on and after the next following 1st day of October, be the accounting periods for the purposes of section 15 of the Principal Act in the application of that section to persons registered in the register of pork butchers—

(a) the period of six months commencing on that 1st day of October, and

(b) every subsequent period of six months commencing on a 1st day of April or a 1st day of October.

(2) If this Act comes into operation on a day in a period commencing on a 1st day of October and ending on the next following 31st day of March, the following (and no other) periods shall, on and after the next following 1st day of April, be the accounting periods for the purposes of section 15 of the Principal Act in the application of that section to persons registered in the register of pork butchers—

(a) the period of six months commencing on that 1st day of April, and

(b) every subsequent period of six months commencing on a 1st day of October or a 1st day of April.

Amendment of section 19 of Principal Act.

8.—Section 19 of the Principal Act is hereby amended by the insertion therein after subsection (3) of the following subsections:

“(4) Where a person applies to the Minister for the cancellation of his registration in the register of pork butchers in respect of any premises, the Minister may cancel the registration of that person in that register in respect of those premises.

(5) (a) Where the Minister is of opinion that a person registered in the register of pork butchers in respect of any premises has not carried on the business of pork butcher at those premises for a period of twelve months or longer, the Minister may cancel the registration of that person in that register in respect of those premises.

(b) Where the Minister proposes to cancel under the foregoing paragraph the registration of a person, he shall serve notice of the proposal on that person and that person may, within such period as shall be specified in the notice, make written representations to the Minister in the matter and the Minister shall consider any representations so made.”

External-sales quotas.

9.—The following section shall be substituted for section 30 of the Act of 1937:

“30.—The Commission may, whenever and so often as they think it proper so to do, by order (in this Part of this Act referred to as an external-sales order)—

(a) appoint a specified period to be an external-sale period for the purposes of such order, and

(b) (i) appoint a specified quantity of bacon to be the external-sales quota in respect of that period, or

(ii) appoint in respect of that period an external-sales quota of bacon which shall be related, in such manner as the Commission think fit and specify in the order, to the quantity of bacon or of a particular type of bacon, defined in such manner as the Commission think fit and specify in the order, produced at licensed premises in a particular period, or

(iii) appoint in respect of that period an external-sales quota of bacon which shall be related, in such manner as the Commission think fit and specify in the order, to the number of pigs or of a particular type of pig, defined in such manner as the Commission think fit, slaughtered at licensed premises in a particular period, and

(c) require such bacon to be exported to any specified country, and

(d) specify requirements with which such bacon shall conform, and

(e) require the licensee in respect of licensed premises to furnish to the Commission, within a stated period, in respect of each consignment of bacon exported from the premises such documentary evidence as may be specified in the order.”

External-sales sub-quotas for licensed premises.

10.—The following section shall be substituted for section 31 of the Act of 1937:

“31.—(1) Whenever the Commission make, at any meeting, an external-sales order appointing a specified quantity of bacon to be the external-sales quota, the Commission shall at that meeting make an order (in this section referred to as an allocation (external-sales quota) order) allotting the external-sales quota in respect of the external-sale period appointed by that external-sales order between such licensed premises and in such proportions as the Commission think proper, and references in this Part of this Act to the external-sales sub-quota for particular licensed premises in respect of a particular external-sale period shall, subject to the provisions of section 32 of this Act, be construed as references to the portion of the external-sales quota in respect of that external-sale period allotted to such premises by an allocation (external-sales quota) order.

(2) Whenever the Commission make an allocation (external-sales quota) order in respect of a particular external-sale period—

(a) the Commission shall make in respect of each licensed premises to which the order relates a certificate (in this Part of this Act referred to as an external-sales sub quota certificate) certifying the quantity of bacon which has been allotted to such premises by the said order and the external-sale period to which it relates, and the certificate shall be conclusive evidence of the matters so certified;

(b) the Commission shall, before the commencement of that period, cause a copy of the certificate to be served on the licensee in respect of such premises.

(3) Whenever the Commission make an external-sales order in respect of a particular external-sale period in which they appoint an external-sales quota under subparagraph (ii) or subparagraph (iii) of paragraph (b) of section 30 of this Act—

(a) the Commission shall make in respect of any licensed premises a certificate (in this Part of this Act referred to as an external-sales sub-quota certificate) certifying the external-sales quota under that order, its application to such premises and the external-sale period to which the order relates, and the certificate shall be conclusive evidence of the matters so certified;

(b) the Commission shall, before the commencement of that period, cause a copy of the certificate to be served on the licensee in respect of such licensed premises.

(4) The Commission may, on the joint application of the holder of a licence in respect of particular premises and the holder of a licence in respect of other premises, transfer from the first-mentioned premises to the other premises the whole or any part of the external-sales sub-quota for the first-mentioned premises in respect of a particular external-sale period, and thereupon the external-sales sub-quota for the first-mentioned premises in respect of that external-sale period and the external-sales sub-quota for the other premises in respect of that external-sale period shall for the purposes of this Part of this Act be deemed to have been respectively decreased and increased accordingly.”

Penalties for failure to export external-sales sub-quota and for contravention of external-sales order.

11.—The following section shall be substituted for section 33 of the Act of 1937:

“33.—(1) Where—

(a) a copy of an external-sales sub-quota certificate in relation to any premises has been duly served on the licensee in respect of such premises, and

(b) the quantity of bacon exported from such premises during the external-sale period specified in the certificate is less than the external-sales sub-quota for such premises in respect of that external-sale period,

the licensee shall be guilty of an offence under this subsection and shall be liable on summary conviction thereof to a fine calculated at the rate of two pounds for every hundredweight by which the amount of bacon so exported falls short of the external-sales sub-quota for such premises in respect of that external-sale period.

(2) Where a licensee in respect of licensed premises contravenes any provision of an external-sales order requiring—

(a) bacon to be exported to any specified country, or

(b) bacon to conform with specified requirements,

the licensee shall be guilty of an offence under this subsection and shall be liable on summary conviction thereof to a fine calculated at the rate of two pounds for every hundredweight not exported to that specified country in accordance with the order or for every hundredweight not complying with the said requirements, as the case may be.

(3) Where a licensee in respect of licensed premises contravenes a provision of an external-sales order requiring him to furnish documentary evidence in accordance with the order, the licensee shall be guilty of an offence under this subsection and shall be liable on summary conviction thereof, in the case of a first offence under this subsection, to a fine not exceeding twenty-five pounds and, in the case of a second or any subsequent offence under this subsection, to a fine not exceeding fifty pounds.

(4) Where bacon produced in licensed premises is transferred to other premises and subsequently exported during any external-sale period, such bacon shall be deemed for the purposes of subsections (1) and (2) of this section to have been exported from the first-mentioned premises, during that external-sale period.”

Repeal of section 34 of Act of 1937.

12.—Section 34 of the Act of 1937 is hereby repealed.

Amendment of section 40 of Act of 1939.

13.—Notwithstanding anything contained in section 40 of the Act of 1939—

(a) an order under subsection (2) of that section may provide that the order shall be deemed to have come into force on a specified day before that on which it is made;

(b) where an order under that subsection provides that the order shall be deemed to have come into force on a specified day before that on which it is made—

(i) it shall be deemed to have come into force on that specified day, and

(ii) the next previous order under that subsection shall be deemed to have ceased to be in force immediately before that specified day.

Short title and collective citation.

14.—(1) This Act may be cited as the Pigs and Bacon (Amendment) Act, 1956.

(2) The Pigs and Bacon Acts, 1935 to 1940, and this Act may be cited together as the Pigs and Bacon Acts, 1935 to 1956.