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35 1924

AGRICULTURAL PRODUCE (EGGS) ACT, 1924

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.