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7 1933

AGRICULTURAL PRODUCE (CEREALS) ACT, 1933

PART II.

Control and Regulation of Wheat Milling.

“The Minister” in Part II.

15. —In this Part of this Act the expression “the Minister” means the Minister for Industry and Commerce.

Regulations under Part II.

16. —The Minister may by order make regulations in relation to any matter or thing referred to in this Part of this Act as prescribed or to be prescribed.

Prosecution of offences under Part II.

17. —Any offence under any section in this Part of this Act may be prosecuted by or at the suit of the Minister as prosecutor.

Non-application of Part II to the Minister for Industry and Commerce.

18. —This Part of this Act shall not apply to the business of milling wheat by the Minister under Part VIII of this Act.

Prohibition of milling of wheat by unauthorised persons.

19. —(1) It shall not be lawful for any person to carry on by way of trade or for the purposes of gain the business of milling wheat at any mill, unless either—

(a) such person is the holder of a licence (in this Act referred to as a milling licence) granted by the Minister under this Part of this Act in respect of such mill; or

(b) such business is carried on in direct succession to a deceased person who was at the date of his death the holder of a milling licence in respect of such mill and such business is carried on during the currency of such licence at such mill between the date of the death of such person and the grant of probate of his will or letters of administration of his personal estate, or is carried on during the currency of such licence at such mill by the personal representative of such person in due course of administration; or

(c) such business is carried on at such mill by an assignee in bankruptcy, a trustee of an arranging debtor, or a receiver or manager appointed by a court during the currency of a milling licence granted in respect of such mill in continuation of the business of a person who immediately before such assignee, trustee, receiver or manager commenced to carry on such business was the holder of such milling licence; or

(d) in the case of home-grown wheat such person is the holder of a milling permit to mill home-grown wheat at such mill granted by the Minister under this Part of this Act.

(2) If any person acts in contravention of this section such person shall be guilty of an offence under this section and shall be liable on summary conviction thereof to the penalties mentioned in Part I of the First Schedule to this Act.

(3) Where the business of milling wheat at a mill is being carried on by a person lawfully entitled, by virtue of paragraph (b) or paragraph (c) of sub-section (1) of this section, to carry on such business at such mill, such person shall, for the purposes of the succeeding provisions (other than the provisions relating to revocation of milling licences) of this Act, be deemed to be the holder of a milling licence in respect of such mill.

Applications for milling licences.

20. —(1) Any person may apply to the Minister for a milling licence authorising him to carry on the business of milling wheat at a specified mill.

(2) Every application under this section for a milling licence shall be in the prescribed form and be made in the prescribed manner and shall contain the prescribed particulars.

(3) Every person who applies under this section for a milling licence shall, when required by the Minister so to do, furnish to the Minister all such information as the Minister may require for the consideration of such application.

(4) The Minister may require any statement of fact made in an application for a milling licence or made to the Minister in response to a request for information under the next preceding sub-section of this section to be verified by the statutory declaration of some person having personal knowledge of the fact so stated.

(5) If any person fails to furnish any information or any verification which he is required by the Minister under this section to furnish, the Minister may, on the ground of such failure and without prejudice to any other power of refusal conferred on him by this Act, refuse the application in relation to which such information or verification was so required.

Grant of milling licences and conditions of licences.

21. —(1) Where an application is made in accordance with this Act for a milling licence the Minister shall, subject to the provisions of this section, have absolute discretion to grant or to refuse to grant such licence.

(2) In the case of an application made in accordance with this Act within three months after the commencement of this Part of this Act for a milling licence in respect of a specified mill at which there was milled during any part of the year 1931 any flour or wheaten meal for sale in Saorstát Eireann, the Minister shall not refuse such application except upon the grounds mentioned in the immediately preceding section.

(3) Every milling licence granted by the Minister shall—

(a) be in the prescribed form, and

(b) be expressed and operate to authorise the person who is for the time being the holder of such licence, so long as such licence is in force, to carry on the business of milling wheat at the mill specified in such licence, and

(c) be and be expressed to be granted subject to the following condition (in this section referred to as the statutory condition) that is to say, in case such licence is granted or transferred to a body corporate which at the date of such grant or transfer is an Irish-owned body corporate, that, so long as such licence is held by such body corporate, such body corporate shall continue to be an Irish-owned body corporate, and

(d) subject to the provisions of the next succeeding sub-section, be and be expressed to be granted subject to such (if any) prescribed conditions as the Minister thinks proper and states in such licence.

(4) Where in pursuance of an application made within three months after the commencement of this Part of this Act a milling licence in respect of a specified mill at which there was milled during any part of the year 1931 any flour or wheaten meal for sale in Saorstát Eireann is granted to a person who is at the date of the grant of such licence a national of Saorstát Eireann, or a body corporate which at the date of the grant of such licence is an Irish-owned body corporate, there shall not be attached to such licence any conditions except the statutory condition.

Rate of wages and conditions of employment at mills.

22. —(1) Wages payable to a workman employed at a licensed mill shall be at a rate not less than the rate generally recognised by trade unions and employers as the rate applicable to workmen employed in a similar kind of work at similar licensed mills.

(2) The conditions of employment (other than the rate of wages) of a workman employed at a licensed mill shall not be less advantageous than the conditions of employment generally recognised by trade unions and employers as the conditions of employment applicable to workmen employed in a similar kind of work at similar licensed mills.

(3) If at any licensed mill the provisions of this section in relation to any workman employed at such mill are not observed, the holder of the milling licence in respect of such mill shall be guilty of an offence under this section and shall be liable on summary conviction thereof to the penalties mentioned in Part II of the First Schedule to this Act.

(4) In this section the expression “licensed mill” means a mill which is the subject of a milling licence.

Transfer of licences.

23. —(1) A milling licence shall not be transferable save by the Minister under this section.

(2) Where the beneficial ownership of the business of milling wheat at a mill which is the subject of a milling licence has been transferred, whether by act of the parties or by operation of law, from the holder of such licence to another person, the following provisions shall have effect, that is to say:—

(a) such person may apply to the Minister in accordance with the next following sub-section for a transfer of such licence and upon such application being made the following provisions shall have effect, that is to say:—

(i) in case such person, is an Irish-owned body corporate, or a national of Saorstát Eireann, or in case such person has become entitled to such business under a will or an intestacy, the Minister shall transfer such licence to such person; and

(ii) in any other case, the Minister may, in his absolute discretion, transfer or refuse to transfer such licence to such person; and

(b) where such licence is so transferred it shall be deemed to have been transferred as on the date on which such business is transferred.

(3) Every application for the transfer of a milling licence under this section shall be in writing in the prescribed form and shall contain the prescribed particulars.

Expiry of a milling licence.

24. —A milling licence shall cease to be in force on the revocation of such licence or the refusal of the Minister to transfer such licence under the immediately preceding section whichever first happens.

Quota and quota years.

25. —In this Part of this Act the following expressions when used in relation to a mill in respect of which a milling licence is in force have the following meanings respectively, that is to say:—

the expression “quota year” means the cereal year next following the date of the grant of such licence, or any successive cereal year during any part of which such licence is in force;

the word “quota” means the amount of wheat to be milled at such mill during any period in respect of which the word is used.

Quota for mills.

26. —(1) Whenever the Minister grants in respect of any mill a milling licence he shall at the same time make an order fixing the quota for such mill and the quota fixed by such order shall, subject to the provisions of this section, be for the purposes of this Part of this Act the quota for such mill in respect of every quota year.

(2) The Minister may at the times and under the conditions hereinafter specified in this section make in relation to any licensed mill an order (in this section referred to as a quota variation order) varying the quota for such mill and whenever any such order is made in respect of a mill the quota as varied by such order shall, subject to the making of a subsequent quota variation order, be for the purposes of this Part of this Act the quota for such mill in respect of every year to which such order applies in lieu of the quota in force at the time of the making of such order.

(3) The Minister may, before the 1st day of February in all or any of the first three quota years for a mill, make a quota variation order increasing or reducing the quota for that mill in respect of the quota year in which such order is made and every subsequent quota year.

(4) The Minister may, on or after the 1st day of February in all or any of the first three quota years for a mill, make a quota variation order increasing or diminishing the quota for that mill in respect of every subsequent quota year.

(5) The Minister may, on or after the 1st day of February in the fifth quota year for a mill and after the fifth in every or any second successive quota year for that mill, make a quota variation order increasing or diminishing the quota for that mill in respect of every subsequent quota year.

(6) The Minister may, before the 1st day of February in the fifth or every or any subsequent quota year for a mill, if he is satisfied that in the preceding quota year the quota for that year was not milled at such mill, make a quota variation order reducing the quota for that mill in respect of that quota year and every subsequent quota year.

(7) In making under the immediately preceding sub-section a quota variation order reducing the quota for a mill the Minister shall have regard to the amount of wheat milled at such mill in the quota year preceding the quota year in which such order is made.

Quota for preliminary quota period.

27. —Whenever the Minister grants a milling licence in respect of any mill and such licence comes into force before the first quota year the Minister shall at the same time make an order fixing the quota for such mill in respect of the period (in this Part of this Act referred to as the preliminary quota period) commencing on the date on which such licence comes into force and ending immediately before the commencement of the first quota year, and the quota so fixed shall for the purposes of this Part of this Act be the quota for such mill in respect of the preliminary quota period.

Obligation to mill quota.

28. —(1) Every holder of a milling licence in respect of a particular mill shall, subject to the provisions of this section, mill into flour at such mill in the preliminary quota period (if any) and in every quota year the quota for such mill in respect of such period or year (as the case may be).

(2) The Minister may, if he so thinks fit, by licence authorise the holder of a milling licence in respect of a particular mill to mill into wheaten meal a certain specified proportion of the quota for such mill in respect of the preliminary quota period (if any) or a specified quota year, and in such case any amount of wheat, not in excess of the said proportion, milled into wheaten meal during the preliminary quota period (if any) or such year at such mill shall be deemed for the purposes of this section to have been milled into flour at such mill during such period or year.

(3) If any holder of a milling licence in respect of a particular mill fails to mill into flour at such mill during the preliminary quota period (if any) or any quota year an amount of wheat which is at least ninety per cent. of the quota for such mill in respect of such period or year, such person shall unless he satisfies the Court that such failure was attributable to circumstances over which he had no control be guilty of an offence under this section and shall be liable on summary conviction thereof to the penalties mentioned in Part III of the First Schedule to this Act.

Obligation to mill annually a percentage of home-grown wheat.

29. —(1) As soon as may be after the commencement of every cereal year the Minister, after consultation with the Minister for Agriculture, shall make an order requiring that of the total amount of wheat required under the immediately preceding section to be milled during such cereal year in all mills which are licensed mills at the commencement of such cereal year a percentage to be fixed by such order shall consist of home-grown wheat, and the Minister may, after the like consultation, during such cereal year by a further order or orders vary the amount of such percentage, and the percentage fixed by an order or the last order made under this section in any cereal year shall for the purposes of this section be the appointed national percentage in respect of such cereal year.

(2) Subject to the provisions of this section every person who is the holder of a milling licence in respect of a mill which is a licensed mill at the commencement of any cereal year shall mill at such mill as part of the quota in respect of the quota year which is contemporaneous with such cereal year homegrown wheat of an amount not less than a percentage of such quota equal to the appointed national percentage in respect of such cereal year.

(3) Any person (in this sub-section referred to as the undertaking miller) who is the holder of a milling licence in respect of a mill (in this section referred to as the undertaking mill) may undertake on behalf of another person (in this sub-section referred to as the liable miller) who is the holder of a milling licence in respect of another mill (in this sub-section referred to as the liable mill) to mill during any cereal year at the undertaking mill the whole amount of home-grown wheat required by the immediately preceding sub-section to be milled during such cereal year at the liable mill or a part of such home-grown wheat, and where any such undertaking is entered into the following provisions shall have effect, that is to say:—

(a) if such undertaking relates to the whole of such home-grown wheat, the liable miller shall be exempt from the obligation imposed on him by the said sub-section in relation to such cereal year in respect of the liable mill; and

(b) if such undertaking relates to a part of such home-grown wheat, the liable miller shall, so far as relates to such part, be exempt from the obligation imposed on him by the said sub-section in relation to such cereal year in respect of the liable mill; and

(c) if the undertaking miller fails or neglects to comply with such undertaking such undertaking miller shall be guilty of an offence under this section; and

(d) the liable miller shall, within fourteen days after such undertaking is entered into, send to the Minister full particulars of such undertaking, and if the liable miller fails to comply with this provision the liable miller shall be guilty of an offence under this section.

(4) If the holder of a milling licence fails or neglects to perform the obligation imposed on him by sub-section (2) of this section, such holder shall, unless he is exempted from such obligation under the immediately preceding sub-section, 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 to the penalties mentioned in Part I of the First Schedule to this Act.

(6) In fixing the appointed national percentage in respect of any cereal year the Minister shall have regard to the estimated quantity of millable wheat grown by registered wheat growers in Saorstát Eireann and available for sale in such cereal year.

(7) Every order made 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 annulling such order is passed by either such House within the next subsequent twenty-one days on which that House has sat after such order is so laid before it, such order shall be annulled accordingly but without prejudice to the validity of anything previously done under such order.

Milling in excess of quota.

30. —(1) Where in any preliminary quota period or quota year for a mill in respect of which a milling licence is in force during such period or year there is milled at such mill an amount of wheat which is in excess of the quota for such mill in respect of such period or year, the holder of such licence shall at the expiration of such period or year pay to the Minister a sum calculated at the rate of three shillings for every four hundred pounds of wheat milled in excess of such quota and such sum shall be a debt due and payable by such holder to the Minister and may be recovered as a simple contract debt in a court of competent jurisdiction.

(2) In any proceedings by the Minister under this section to recover any sum from the holder of a milling licence the production of a certificate under the seal of the Minister certifying that such sum is due by such person shall be prima facie evidence of the facts so certified.

(3) All moneys recovered by the Minister under this section shall be paid into or disposed of for the benefit of the Exchequer in such manner as the Minister for Finance may direct.

Returns by holders of milling licences.

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

(a) the returns to be made by holders of milling licences;

(b) the times at which such returns are to be made;

(c) the forms in which such returns are to be made.

(2) Every person, required by regulations made under this section to make any return, who fails or refuses to make such return in accordance in all respects with such regulations shall be guilty of an offence under this section and shall be liable on summary conviction thereof to the penalties mentioned in Part II of the First Schedule to this Act.

Records to be kept at licensed mills.

32. —(1) It shall be the duty of every person who is the holder of a milling licence in respect of a mill to keep or cause to be kept at the appointed place the following records in the prescribed form, that is to say:—

(a) in respect of imported wheat brought on to such mill—

(i) a record of all purchases and dispositions of such wheat, and

(ii) a record of the quantity of such wheat milled at such mill into flour and meal respectively, and

(iii) a record of all dispositions of such flour and meal respectively;

(b) in respect of home-grown wheat brought on to such mill—

(i) a record of all purchases and dispositions of such wheat, and

(ii) a record of the quantity of such wheat milled at such mill into flour and meal respectively, and

(iii) a record of all dispositions of such flour and meal respectively;

and within twenty-four hours after the completion of any such purchases, millings, or dispositions to enter in the said records the prescribed particulars thereof.

(2) Every record kept in pursuance of this section may be inspected at any time during office hours by an inspector of the Minister for Industry and Commerce and it shall be the duty of the person liable under this section to keep such record to produce for the inspection of such inspector on demand such record and 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 record.

(3) If any person—

(a) fails to keep or cause to be kept such record as is required by this section to be kept or caused to be kept by him; or

(b) fails to make or cause to be made in such record within the time fixed by this section any entry required by this section to be made by him therein; or

(c) fails to produce or cause to be produced for inspection by an inspector of the Minister for Industry and Commerce on demand any record, document, or copy of a document which he is required by this section 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 record any entry which is false or misleading in any material particular;

he shall be guilty of an offence under this section and shall be liable on summary conviction thereof to the penalties mentioned in Part I of the First Schedule to this Act.

(4) For the purpose of this section—

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

(b) a demand for inspection of a record or document shall be deemed to have been duly made to the holder of a milling licence in respect of a mill if such demand is made verbally at the appointed place to any person in the employment of such holder; and

(c) a refusal or failure to produce a record or other document for inspection, if made or committed by a person in the employment of the holder of a milling licence in respect of a mill at the appointed place shall be deemed to have been made or committed by such holder; and

(d) the expression “the appointed place” in relation to a mill means—

(i) in case the office work in connection with such mill is carried on at a building in the vicinity of, but not forming part of such mill, such building, and

(ii) in any other case, the place at such mill where such office work is carried on; and

(e) the expression “office hours” means—

(i) in relation to any day (not being a Sunday, a bank holiday, or a locally observed holiday or half-holiday), 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 at the appointed place; and

(ii) in relation to any locally observed half-holiday, any time between the hours of ten o'clock in the morning and one o'clock in the afternoon during which business is being carried on or work is being done at the appointed place.

Inspection of licensed mills.

33. —(1) An inspector of the Minister for Industry and Commerce shall be entitled at all reasonable times to enter any licensed mill, and examine any wheat (whether imported or home grown), flour, wheaten meal, or wheat offals found on such premises and take reasonable samples of such wheat, flour, meal, or offals.

(2) Every person who shall obstruct or impede any inspector of the Minister for Industry and Commerce in the exercise of any of the powers conferred on him by this section 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 fine not exceeding five pounds or, in the case of a second or any subsequent offence, a fine not exceeding ten pounds.

Revocation of milling licences.

34. —(1) The Minister may at any time revoke a milling licence upon the application of the holder of such licence.

(2) The Minister may at any time without any such application revoke a milling licence granted in relation to any mill if—

(a) he is satisfied that such licence was procured by fraud or misrepresentation; or

(b) the business of milling wheat has ceased to be carried on at such mill; or

(c) the holder of such licence has been convicted of an offence under this Act; or

(d) he is satisfied that there has been any breach of any condition of such licence.

(3) Before revoking (otherwise than in accordance with an application in that behalf made under this section) a milling licence, the Minister shall give at least one month's notice in writing to the holder thereof stating his intention so to revoke such licence and the reasons therefor, and whenever any such notice is so given the following provisions shall have effect, that is to say:—

(a) the Minister shall not revoke such licence until the expiration of such notice, and

(b) where any representations are made before the expiration of such notice by the person to whom such notice is given, the following provisions shall have effect, that is to say:—

(i) the Minister shall consider such representations, and

(ii) unless as a result of such consideration he decides not to revoke such licence, the Minister, in case such person, before such expiration, requests that an inquiry be held in relation to the matter, shall or, in any other case if he thinks fit so to do, may cause such inquiry to be held, and

(iii) where the Minister causes any such inquiry to be held, he shall not revoke such licence until such inquiry has concluded.

(4) A notice of the Minister's intention to revoke a milling licence may be served by delivering it to the person to whom it is addressed or by sending it by registered post to the person to whom it is addressed at the mill to which such licence relates.

(5) For the purposes of this section the holder of a milling licence shall be construed as meaning the person for the time being lawfully entitled by virtue of this Act to carry on the business of milling wheat at the mill to which such milling licence relates.

Information from certain shareholders.

35. —(1) The Minister may from time to time serve a notice in writing on any person who holds any shares in a body corporate to which this section applies requiring such person within sixty days after the service of such notice to send to the Minister a return stating whether he is or is not the beneficial owner of such shares and, in respect of such (if any) of the said shares as are held by him for other persons, the names and addresses of such other persons, specifying in the case of each such other person the number and nominal value of the shares held for him.

(2) The Minister may from time to time serve a notice in writing on any person who holds any shares in a body corporate which holds any shares in a body corporate to which this section applies requiring such person within sixty days after the service of such notice to state whether he is or is not the beneficial owner of the shares so held by him, and in respect of such (if any) of the said shares as are held by him for other persons, the names and addresses of such other persons, specifying in the case of each such other person the number and nominal value of the shares held for him.

(3) If any person on whom a notice is served under this section either refuses or neglects to make a return in accordance with such notice or makes a return which is false or misleading in any material respect, such person shall be guilty of an offence under this section and shall be liable on summary conviction thereof to the penalties mentioned in Part III of the First Schedule to this Act.

(4) This section applies to every body corporate which is the holder of a milling licence.

(5) A notice under this section may be served by delivering it to the person to whom it is addressed or by sending it by registered post to the person to whom it is addressed at his last known place of abode.

Milling (home-grown wheat) permits.

36. —(1) The Minister, after consultation with the Minister for Agriculture, may, if he so thinks fit, grant to any person (other than the holder of a milling licence) a permit (in this section referred to as a milling (home-grown wheat) permit) to mill home-grown wheat at a specified mill.

(2) Every milling (home-grown wheat) permit shall—

(a) be in the prescribed form, and

(b) be expressed and operate to authorise the person to whom such permit is granted to carry on the business of milling home-grown wheat at the mill specified in such permit, and

(c) be and be expressed to be granted subject to such conditions (including conditions as to revocation) as the Minister thinks proper and inserts in such permit.

(3) If any person to whom a milling (home-grown wheat) permit is granted fails to comply with the conditions subject to which such permit was granted, such person shall be guilty of an offence under this section and shall be liable on summary conviction thereof to the penalties mentioned in Part III of the First Schedule to this Act.