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21 1935

DAIRY PRODUCE (PRICE STABILISATION) ACT, 1935

PART VIII.

Control of the Price of Butter.

Definition of “price.

37. —In this Part of this Act the word “price” means the net price without any discount, allowance, or abatement whatsoever.

Maximum price for butter sold wholesale.

38. —(1) The Minister may, from time to time whenever he thinks it expedient so to do, by order fix the maximum price at which any specified class (defined in such manner as the Minister shall think proper) of butter may be sold wholesale on or after a specified date by the manufacturer thereof.

(2) The Minister may at any time by order revoke or amend any order previously made by him under this section, including an order made under this sub-section.

(3) Whenever an order under this section fixing the maximum price of any particular class of butter is in force, it shall not be lawful for any manufacturer of butter to sell wholesale any butter of the said class at a price greater than the maximum price which is in force under such order on the date on which such butter is delivered to the purchaser in pursuance of such sale.

(4) Every person who sells any butter in contravention of this section shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding one hundred pounds.

Minimum price for butter.

39. —(1) Subject to the provisions of this section it shall not be lawful for any person to sell any butter for delivery to the purchaser thereof in Saorstát Eireann at a price which is less than the price which is, on the date of the delivery of such butter to the purchaser, the minimum price under this section in respect of such butter.

(2) The Minister may from time to time by order fix the price which shall, as on and from a specified date, be the minimum price under this section in respect of butter of any specified class (defined in such manner as the Minister shall think proper), and may by any such order fix a minimum price varying in accordance with all or any of the following things, that is to say:—

(a) the quantity of butter included in such sale or in any one delivery in pursuance of such sale, or

(b) the area in which the butter is delivered to the purchaser or to which the butter is forwarded for the purchaser, or

(c) the method of packing such butter.

(3) Until an order fixing the price or prices which shall be the minimum price or prices of creamery butter has been made by the Minister under this section and has come into force the prices set forth in the Second Schedule to this Act shall be the minimum prices under this section in respect of creamery butter.

(4) The Minister may, at any time, by order revoke or amend any order previously made by him under this section, including an order made under this sub-section.

(5) Every person who shall sell any butter in contravention of this section shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding one hundred pounds.

(6) Nothing in this section shall apply to or render unlawful any sale of butter at less than the minimum price under this section by the registered proprietor of creamery premises to a regular supplier of milk to any creamery or cream separating station owned by such registered proprietor, where such sale takes place under and in accordance with an authorisation in that behalf given by the Minister to such registered proprietor.

(7) Nothing in this section shall apply to any sale to a butter factory in accordance with the provisions of paragraph (e) of sub-section (1) of section 16 of the Dairy Produce Act, 1924 (No. 58 of 1924), of any such butter as is mentioned in that paragraph, or to any sale to a butter factory in accordance with the provisions of paragraph (e) of sub-section (1) of section 18 of the said Act of any such butter as is mentioned in that paragraph.

Amendment of pending contracts.

40. —(1) Whenever a contract for the sale of butter for delivery to the purchaser thereof in Saorstát Eireann was entered into before the date of the passing of this Act, and either none or part only of the butter the subject of such sale was delivered to the purchaser before the said date, and the price payable under such contract for the butter contained in any consignment delivered to the purchaser on or after the said date is less than the minimum price in force under this Part of this Act in respect of such butter on the date of such delivery, then and in every such case the price payable under the said contract for the butter contained in such consignment shall be the said minimum price so in force on the said date of delivery and the said contract shall be deemed to be amended and shall have effect accordingly.

(2) Whenever a contract for the sale of butter for delivery to the purchaser thereof in Saorstát Eireann is entered into on or after the date of the passing of this Act, and the price payable under such contract for such butter is not less than the minimum price (in this sub-section referred to as the original minimum price) in force under this Part of this Act in respect of such butter on the date of such contract, and the original minimum price is altered under this Part of this Act before all the butter the subject of such sale has been delivered to the purchaser, then and in such case the following provisions shall have effect, that is to say:—

(a) if, on the date of the delivery of any consignment of butter under the said contract, the minimum price (in this sub-section referred to as the new minimum price) in force under this Part of this Act in respect of the butter contained in such consignment is greater than the original minimum price in respect of such butter, the price payable under the said contract for the butter contained in such consignment shall be increased by the difference between the original minimum price and the new minimum price in respect of such butter, and the said contract shall be deemed to be amended and shall have effect accordingly;

(b) if, on the date of the delivery of any consignment of butter under the said contract, the new minimum price in respect of the butter contained in such consignment is less than the original minimum price in respect of such butter, the price payable under the said contract for the butter contained in such consignment shall be reduced by the difference between the new minimum price and the original minimum price in respect of such butter, and the said contract shall be amended and shall have effect accordingly.