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26 1931

AGRICULTURAL PRODUCE (POTATOES) ACT, 1931

PART V.

Export of Potatoes.

Period of exemption.

26. —(1) The Minister may from time to time by order declare that the period between the 20th day of May and the 31st day of August, both days inclusive, or such part of the said period as may be specified in such order shall in such year or years as may be specified in such order be a time of exemption for the purposes of this Part of this Act, and whenever such an order is made and in force the period declared by such order to be a time of exemption for the purposes of this Part of this Act shall in every year specified in such order be a time of exemption for the purposes of this Part of this Act.

(2) The Minister may at any time by order revoke or amend an order made under the foregoing sub-section of this section.

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

Export of potatoes.

27. —(1) Subject to the exceptions mentioned in this section, all potatoes exported from Saorstát Eireann shall comply with the following conditions, that is to say:—

(a) such potatoes shall be exported by a licensed exporter; and

(b) such potatoes, if exported by a licensed (grower) exporter, shall be exported direct from the registered premises of which such licensed (grower) exporter is the registered proprietor; and

(c) such potatoes if exported by a licensed (general) exporter, shall be exported direct from registered premises; and

(d) such potatoes shall comply with the regulations as to the grading and packing of potatoes, and shall have been graded and packed in the registered premises from which they are exported, and

(e) such potatoes shall not, save by an inspector, have been removed from the packages in which they were so packed, and

(f) such potatoes are contained in packages which have applied thereto the marks prescribed by regulations for the marking of packages of potatoes, and

(g) such potatoes, if seed potatoes, shall be contained in packages sealed with the official seal, and

(h) such potatoes, if ware potatoes, shall be contained in packages fastened with the official fastener, and

(i) except in the case of early potatoes exported in barrels, such potatoes shall be contained in packages, each of which, when filled, shall contain not less than the prescribed weight of potatoes exclusive of the weight of the package, and any extraneous matter contained therein, and

(j) such potatoes shall be accompanied by a consignment certificate.

(2) Subject to the exceptions mentioned in this section every person who exports or attempts to export or causes to be exported any potatoes which do not comply with all the conditions applicable thereto prescribed by the foregoing sub-section shall be guilty of an offence under this section.

(3) Every person who shall carry for reward any potatoes which are being or are intended to be exported in contravention of sub-section (1) of this section shall, if such carrying is done in the course or for the purpose of the exportation of such potatoes, 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 potatoes were being exported in contravention of this section.

(4) Every person carrying for reward any potatoes which are being exported who fails or neglects in relation to such potatoes to comply with the regulations for the carriage of potatoes shall be guilty of an offence under this section.

(5) 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.

(6) This section shall not apply to any potatoes—

(a) which—

(i) are exported in one lot or consignment, and

(ii) do not, with the packages (if any) containing the same, exceed in weight five hundredweights, and

(iii) if contained in packages, are contained in packages which are not marked with any of the marks prescribed by the regulations for the marking of packages of potatoes, and are not sealed or fastened with the official seal or official fastener, or

(b) which are exported under and in accordance with a special licence granted under this Act, or

(c) which—

(i) are exported in one lot or consignment into Northern Ireland by the grower thereof in his own vehicle, and

(ii) do not, with the packages (if any) containing the same, exceed in weight one ton, and

(iii) if contained in packages, are contained in packages which are not marked with any of the marks prescribed by the regulations for the marking of packages of potatoes and are not sealed or fastened with the official seal or official fastener, or

(d) which are exported in a package consigned and forwarded through Saorstát Eireann from any place outside Saorstát Eireann to another such place but not otherwise dealt with in Saorstát Eireann, or

(e) which are exported during a period which is a time of exemption for the purposes of this Part of this Act, or

(f) which are exported by the Minister.

Special licence to export potatoes.

28. —(1) Upon the application of any person who desires to export a particular consignment of potatoes grown by himself, upon payment to the Minister by such person of the fee chargeable under this section, and after inspection of such consignment by an inspector, the Minister may, if he thinks fit, grant to such person a licence (in this Part of this Act referred to as a special licence) in the prescribed form, to export such consignment subject to such conditions as may be imposed by the Minister and specified in such licence.

(2) A fee shall be charged under this section for every special licence granted under this section calculated by reference to the number of tons of potatoes in the consignment to which such licence relates at such rate (not exceeding six shillings for a ton) as may be prescribed.

(3) A special 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 such licence, the consignment of potatoes specified therein.

(4) The Minister may at any time before a consignment of potatoes specified in a special licence is actually exported without assigning any reason, revoke the special licence relating to such consignment and return the fee paid upon the application for such licence.

(5) For the purpose of calculating the amount of any fee chargeable under this section for the granting of a special licence the following provisions shall have effect, that is to say:—

(a) any reference in this section to the weight of potatoes shall be deemed a reference to the weight of such potatoes and of the packages in which they are contained;

(b) where the weight of the potatoes in any consignment is less than one ton, the weight of such potatoes shall be deemed to be one ton;

(c) where the weight of potatoes in any consignment exceeds a ton or exceeds any complete number of tons such excess shall be deemed to be a ton.

(6) Every person to whom a special licence has been granted under this section who contravenes any of the terms or conditions contained in such licence, and every person (whether holding or not holding a special licence) who falsely represents by means of a mark on any consignment of potatoes that such consignment of potatoes is being exported under a special licence granted under this section shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding twenty pounds.

Inspection, etc. of potatoes.

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

(a) any registered premises; or

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

(c) any warehouse or other premises of any person engaged in the business of ware-housing goods intended for export, or in process of being exported; or

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

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

(2) Any inspector may inspect any potatoes, 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 potatoes intended for export, and may take or remove without payment—

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

(b) any one package forming part of a consignment of potatoes 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 potatoes, 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 particulars 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 package is taken by an inspector under this section in any place (other than registered premises) 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 may 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 direction, 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.

(7) In the exercise in or upon the premises of any railway or shipping company of the powers conferred on him by this section, an inspector shall conform to such reasonable requirements of such company as are necessary to prevent the working of the traffic on such premises being obstructed or interfered with.

Powers of officers of Customs and Excise.

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