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2 1939

AGRICULTURAL PRODUCE (EGGS) ACT, 1939

PART II.

Registration of Premises.

The registers and their contents.

13. —(1) The Minister shall cause to be kept—

(a) a register to be called and known and in this Act referred to as the register of wholesalers, and

(b) a register to be called and known and in this Act referred to as the register of dealers, and

(c) a register to be called and known and in this Act referred to as the register of retailers, and

(d) a register to be called and known and in this Act referred to as the register of preservers.

(2) There shall be entered in the several registers kept in pursuance of this section the following matters in respect of all premises registered in the said registers respectively, that is to say:—

(a) the full name and description of the proprietor of the premises, and

(b) a description of the situation of the premises sufficient to identify the said premises and the limits and extent thereof

(3) Premises registered in any one of the registers kept in pursuance of this section shall not while so registered be capable of being registered in any other of the said registers.

Registration fees.

14. —On every application under this Act for the registration of premises in any register except the register of retailers there shall be paid to the Minister a fee (in this Act referred to as a registration fee) of one pound, and the due payment of that fee shall be a condition precedent to the entertainment of the application by the Minister.

Eggs acquisition fees.

15. —(1) Every registered wholesaler shall pay to the Minister, in respect of every half year ending on the 30th day of June or the 31st day of December during which or during any part of which he is registered in the register of wholesalers, a fee (in this Act referred to as an eggs acquisition fee) calculated at the prescribed rate and in the prescribed manner on the total quantity of eggs acquired by him in such half year, other than eggs which are shown to the satisfaction of the Minister—

(a) to have been acquired by him from another registered wholesaler, or

(b) to have been unfit for human consumption or externally dirty and to have been disposed of in the manner required by this Act in respect of such eggs.

(2) Every registered retailer shall pay to the Minister, in respect of every half year ending on the 30th day of June or the 31st day of December during which or during any part of which he is registered in the register of retailers, a fee (in this Act also referred to as an eggs acquisition fee) calculated at the prescribed rate and in the prescribed manner on the total quantity of eggs acquired by him from producers in such half year, other than eggs which are shown to the satisfaction of the Minister to have been unfit for human consumption or externally dirty and to have been disposed of in the manner required by this Act in respect of such eggs.

(3) Save as is otherwise provided by the next following sub-section of this section, every eggs acquisition fee shall become due on the day after the last day of the half-year in respect of which it is payable, and shall be paid, in the case of every such fee which so becomes due on the 1st day of July in any year before the 1st day of September in that year or, in the case of every such fee which so becomes due on the 1st day of January in any year, before the 1st day of March in that year.

(4) Where a registered wholesaler or a registered retailer ceases, during any half-year ending on the 30th day of June or the 31st day of December, to be registered in the register of wholesalers or the register of retailers (as the case may be), the eggs acquisition fee payable by him in respect of such half-year shall become due on the day after the day on which he ceases to be so registered, and shall be paid before the expiration of two months from the day on which it so becomes due.

Annual fees.

16. —(1) Every registered dealer shall pay to the Minister, in respect of every year during which or during any part of which he is registered in the register of dealers, a fee (in this Act referred to as an annual fee) of the prescribed amount or, until an amount is prescribed for such fee, of the amount of one pound.

(2) Save as is otherwise provided by the next following sub-section of this section, every annual fee shall become due on the 1st day of January in the year in respect of which it is payable and shall be paid before the 1st day of March in that year.

(3) The annual fee payable by a registered dealer in respect of the year in which he becomes registered in the register of dealers shall become due on the day on which he becomes so registered, and shall be paid before the expiration of two months from that day.

Recovery of fees.

17. —(1) Every eggs acquisition fee and every annual fee which is not paid within the time limited by this Act for the payment thereof shall be recoverable by the Minister as a simple contract debt in any court of competent jurisdiction and shall be so recoverable notwithstanding and without prejudice to the exercise by the Minister of the power conferred on him by the next following sub-section of this section.

(2) Where a person liable to pay an eggs acquisition fee or an annual fee fails to pay such fee within the time limited by this Act for the payment thereof, it shall be lawful for the Minister to cancel the registration in the register of wholesalers, the register of retailers, or the register of dealers (as the case may be) of all premises in respect of which such person is registered in such register.

(3) Where the registration of any premises is cancelled by virtue of the next preceding sub-section of this section and the fee, the non-payment of which occasioned such cancellation, is paid within three months after the expiration of the time limited by this Act for the payment thereof, the Minister may, if he so thinks proper, restore the said premises, as on and from the date on which such fee is so paid, to the register in which the registration of such premises was so cancelled.

Applications for registration.

18. —(1) Every application for the registration of premises in a register kept in pursuance of this Act (other than the register of retailers) shall be made by the proprietor of such premises in writing in the prescribed form and manner and shall contain the prescribed particulars.

(2) Whenever an application is made under this section for the registration of any premises, the Minister shall cause such premises to be inspected by an inspector.

(3) Where an application under this section for the registration of any premises is refused by the Minister, the reasons for the refusal shall be stated to the applicant.

(4) The refusal of an application under this section for the registration of premises shall not prevent the making under this section of a fresh application for the registration of the same premises at any subsequent time.

(5) Whenever an application is made under this section for the registration of premises in a register, the Minister may, if he so thinks fit, register such premises in the said register before they have been inspected in pursuance of this section, and wherever the Minister so registers any premises the following provisions shall have effect, that is to say:—

(a) such registration shall be provisional only and is in this Act referred to as provisional registration;

(b) such registration shall not relieve the Minister from the obligation to cause such premises to be inspected by an inspector, save that such inspection may take place after such registration;

(c) such registration shall not prejudice or affect the power of the Minister to grant or to refuse the said application for the registration of the said premises;

(d) if and when the Minister grants the said application, the said provisional registration shall cease to be provisional;

(e) if and when the Minister refuses the said application, the said provisional registration shall be cancelled;

(f) whenever and so long as any premises are provisionally registered in a register, such premises shall, subject to the foregoing paragraphs of this sub-section, be deemed for all the purposes of this Act to be premises registered in such register and the person who is so registered as the proprietor thereof shall, subject as aforesaid, be deemed for the said purposes to be the registered proprietor of the said premises.

Conditions of registration.

19. —(1) The Minister shall not register (otherwise than provisionally) any premises in a register kept in pursuance of this Act (other than the register of retailers) unless or until he is satisfied that the said premises comply with all the following conditions, that is to say:—

(a) the premises are structurally suited for carrying on the business carried on or proposed to be carried on therein, and are sufficiently provided with equipment fittings and appliances suitable for that business; and

(b) the premises, and the equipment, fittings, and appliances thereof are in a state of cleanliness and good repair; and

(c) the premises contain suitable and adequate accommodation for the storage therein of eggs and of packages of eggs in such manner that the eggs and packages so stored are accessible for inspection under this Act.

(2) The Minister shall not register (otherwise than provisionally) any premises in the register of wholesalers unless or until he is satisfied that, in addition to complying with the conditions specified in the foregoing sub-section of this section, the said premises comply with all the following conditions, that is to say:—

(a) the premises contain suitable and adequate accommodation for the proper storage of a quantity of packages and packing materials to supply for such period as may be prescribed the ordinary requirements of the business carried on in the said premises; and

(b) the premises are properly equipped with the prescribed appliances and requisites for testing, grading and packing eggs, and for marking eggs and the packages in which they are packed; and

(c) the quantity of eggs tested, graded and packed on the premises during each week on which any eggs are tested, graded, or packed on the premises is not less than the prescribed minimum quantity; and

(d) either the applicant for registration of the premises or one person at least employed by him on the premises is skilled within the meaning of this Act in the business of testing, grading and packing eggs in accordance with this Act and regulations made thereunder.

(3) Without prejudice to any other reason for refusal which may arise under this Act, each of the following shall be a good reason for the refusal by the Minister of an application for the registration of any premises in a register kept in pursuance of this Act (other than the register of retailers), that is to say:—

(a) that such premises were previously registered under the Agricultural Produce (Eggs) Acts, 1924 and 1930, and the registration thereof was cancelled under the said Acts or either of them, or

(b) that such premises were previously registered under this Act and the registration thereof was cancelled under this Act, or

(c) that the person applying for such registration was previously the registered proprietor of other premises registered under the Agricultural Produce (Eggs) Acts, 1924 and 1930, or this Act and, while he was so registered, the registration of those other premises was cancelled by the Minister under the said Acts or either of them or under this Act.

Transfer from the register of exporters kept under the Agricultural Produce (Eggs) Acts, 1924 and 1930.

20. —(1) Every person who is, immediately before the commencement of this Act, registered in the register of exporters kept in pursuance of the Agricultural Produce (Eggs) Acts, 1924 and 1930, as the proprietor of premises registered in that register shall be deemed to have duly applied under this Act, immediately after the commencement thereof, for the registration of the said premises in the register of wholesalers.

(2) The provisions of this Act in relation to applications for the registration of premises in the register of wholesalers and in relation to the registration of premises in that register shall apply and have effect in relation to every application for the registration of premises in the said register which is deemed by the foregoing sub-section of this section to have been made immediately after the commencement of this Act and in relation to the registration of the said premises in the said register save that the said provisions of this Act shall, in relation to such applications and in relation to such registration, be subject to the following modifications, that is to say:—

(a) the premises which are the subject of any such application shall forthwith be registered provisionally in the said register, and

(b) no registration fee shall be payable in respect of any such application.

Evidence of the contents of registers.

21. —(1) Every register kept in pursuance of this Act shall be—

(a) deemed to be in the proper custody when in the custody of the Minister or of any officer of the Minister authorised in that behalf by the Minister, and

(b) admissible in evidence without further proof on production from the proper custody.

(2) Prima facie evidence of any entry in any register kept in pursuance of this Act may be given in any court or in any legal proceedings by the production of a copy of such entry purporting to be certified to be a true copy by an officer of the Minister authorised in that behalf, and it shall not be necessary to prove the signature of such officer or that he was in fact such officer or was in fact so authorised.

(3) A certificate, purporting to be signed by an officer of the Minister authorised in that behalf by the Minister, that any premises specified in such certificate are not entered in the register specified in such certificate shall be conclusive evidence of the matters so certified, and it shall not be necessary to prove the signature of such officer, or that he was in fact such officer, or was in fact so authorised.

(4) Any person may—

(a) inspect any register kept in pursuance of this Act on payment of such fee, not exceeding one shilling for each inspection, as shall be prescribed;

(b) obtain a copy, certified in manner hereinbefore mentioned to be a true copy, of any entry in any register kept in pursuance of this Act on payment of a fee of sixpence for each folio of seventy-two words of the copy;

(c) obtain such certificate as is hereinbefore mentioned that any specified premises are not registered in a specified register kept in pursuance of this Act on payment of a fee of two shillings and sixpence for each certificate.

Devolution and transfer of registered premises.

22. —(1) Where the registered proprietor of registered premises dies, the following provisions shall have effect, that is to say:—

(a) the death of the said registered proprietor shall not of itself render unlawful by virtue of this Act the carrying on in the said premises during the period of six months from such death of the business theretofore carried on in the said premises;

(b) the personal representative of the said deceased registered proprietor or, with the assent of such personal representative, any other person shall (subject to the provisions of this section) be entitled, on application in the prescribed form and manner to the Minister, to be registered as the registered proprietor of the said premises;

(c) from the death of the said deceased registered proprietor until the registration of another person as registered proprietor of the said premises, the person actually carrying on the said business in the said premises shall be deemed to be the registered proprietor thereof for the purposes of so much of this Act as relates to things to be done on the said premises or in the course of carrying on the said business and for the purpose of notices required by this Act to be given to the registered proprietor and the service of such notices.

(2) Where the registered proprietor (in this section referred to as the transferor) of registered premises transfers, on sale or otherwise, the said premises and the business carried on therein to another person (in this sub-section referred to as the transferee) the following provisions shall have effect, that is to say:—

(a) the transferee shall (subject to the provisions of this section) be entitled, on application in the prescribed form and manner to the Minister and on satisfying the Minister that he has become the proprietor of the said premises, to be registered as the registered proprietor of the said premises;

(b) until the transferee is so registered as the registered proprietor of the said premises, the transferor shall notwithstanding the said transfer, continue to be for all the purposes of this Act the registered proprietor of the said premises.

(3) Where an application is made under this section to the Minister for the registration of a person (in this sub-section referred to as the applicant) as the registered proprietor of registered premises, the following provisions shall apply and have effect, that is to say:—

(a) where the applicant is the personal representative of a deceased registered proprietor, and is applying under the first sub-section of this section for registration solely in his capacity as such personal representative, and the application is duly made in accordance with the said sub-section, the Minister shall not refuse the application;

(b) in every other case it shall be lawful for the Minister, if he so thinks proper, to refuse the application on the ground that the applicant was previously the registered proprietor of other premises registered under the Agricultural Produce (Eggs) Acts, 1924 and 1930, or this Act and, while he was so registered, the registration of those other premises was cancelled by the Minister under the said Acts or either of them or under this Act.

Alteration and cancellation of registration.

23. —(1) The Minister may at any time alter or cancel the registration of any premises under this Act upon the application of the registered proprietor, or in the case of an individual, the personal representative, or, in the case of an incorporated body, the liquidator, of the registered proprietor.

(2) The Minister may, at any time, without any such application as aforesaid, alter the registration of any premises under this Act in any respect in which such registration appears to him to be erroneous or misleading.

(3) The Minister may, at any time, without any such application as aforesaid, cancel the registration of any premises under this Act if he is satisfied—

(a) that the registration of the premises was procured by fraud or by misrepresentation, whether fraudulent or innocent; or

(b) that the premises have ceased to be eligible for registration in the register in which they are registered by reason of the fact that they do not comply with all or any of the conditions of registration applicable there to; or

(c) that the registered proprietor, being an individual, has died and no other person has, within six months after such death, been registered as proprietor in the place of the said deceased registered proprietor; or

(d) that the registered proprietor, being an incorporated body, has been dissolved and no other person has, within one month after such dissolution, been registered as proprietor in the place of the said dissolved registered proprietor;

(e) that the registered proprietor, if an individual, has been adjudicated a bankrupt or, if an incorporated body, has been compulsorily wound up; or

(f) that there has been a contravention (whether by way of commission or of omission) of this Act or a regulation made thereunder on the premises; or

(g) that the registered proprietor having made a contract for the purchase or sale of eggs has, without reasonable cause failed or omitted to carry out such contract; or

(h) that the business in respect of which such premises are registered has ceased to be carried on in such premises; or

(i) in the case of premises registered in the register of wholesalers, that the registered proprietor has caused or knowingly permitted the marks placed in pursuance of this Act on any eggs, or on any package of eggs, exported from the said premises to be altered (whether in or outside Ireland) or has in any other way acted, in relation to eggs or packages of eggs so exported, in a manner which is prejudicial to the reputation of Irish eggs.

(4) The following provisions shall apply and have effect in relation to the alteration or cancellation under this section (otherwise than in accordance with an application in that behalf made under this section) of the registration of any premises under this Act, that is to say:—

(a) the Minister shall not make any such alteration or cancellation unless or until he has given to the registered proprietor of such premises or his personal representative or its liquidator (as the case may be) at least one fortnight's notice in writing stating that the Minister has under his consideration the making of such alteration or cancellation, and stating the grounds on which such alteration or cancellation is so under consideration;

(b) the Minister shall consider any representations in relation to such alteration or cancellation made to him by any person interested before the expiration of the said notice;

(c) the Minister may, if he thinks fit, cause an inquiry to be held in relation to such alteration or cancellation;

(d) such alteration or cancellation, if made at all, shall be made within three months after the expiration of the said notice.

Publication of contents of registers.

24. —(1) The Minister may publish in such manner as he may think fit—

(a) all or any of the matters entered in any register kept under this Act, and

(b) notice of the cancellation or alteration of the registration of any registered premises, and

(c) notice of any conviction for an offence against this Act or any section thereof or any regulation made thereunder.

(2) No individual return or part of a return furnished in pursuance of this Act shall be published or disclosed except for the purposes of a prosecution under this Act.

(3) The Minister may from time to time collect and publish statistical information (including statistics derived from returns made pursuant to this Act) with respect to the extent and condition of the egg-trade and in particular with respect to the extent of the business carried on in premises registered in the several registers kept in pursuance of this Act.

(4) So far as is reasonably practicable, no statistical information published under this section shall contain any particulars which would enable any person to identify such particulars as being particulars relating to any individual person, business, or concern without the consent in writing of that person or of the proprietor of that business or concern.

Returns by registered proprietors of registered premises.

25. —(1) The Minister may by order make regulations requiring the registered proprietors of registered premises to make periodical returns to the Minister, and the Minister may by such regulations prescribe all or any of the following things, that is to say:—

(a) the returns so to be made by registered wholesalers;

(b) the returns so to be made by registered dealers;

(c) the returns so to be made by registered retailers;

(d) the returns so to be made by registered preservers;

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

(f) the form and manner in which such returns are respectively 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, in the case of a first such offence, to a fine not exceeding ten pounds and, in the case of a second or any subsequent such offence, to a fine not exceeding twenty pounds.

Registers to be kept on registered premises.

26. —(1) It shall be the duty of every registered wholesaler to keep or cause to be kept, in every registered premises of which he is the registered proprietor, a register in the prescribed form of all eggs acquired by him and brought on to or sold on or dispatched from those premises and, within twelve hours after the acquisition, sale, or dispatch of any such eggs, to enter or cause to be entered in such register the prescribed particulars in relation to those eggs.

(2) It shall be the duty of every registered dealer—

(a) to keep or cause to be kept, in every registered premises of which he is the registered proprietor, a register in the prescribed form of all eggs acquired at or sold on or dispatched from those premises, and within twelve hours after the acquisition, sale or dispatch of any such eggs, to enter or cause to be entered in such register the prescribed particulars in relation to those eggs, and

(b) to keep or cause to be kept in his registered premises or (where he has more than one registered premises) in such one of those premises as shall be selected by him, a register in the prescribed form of all eggs acquired, sold, or dispatched by him elsewhere than on his, or any of his, registered premises, and within thirty-six hours after the acquisition, sale or dispatch of any such eggs to enter or cause to be entered in such register the prescribed particulars in relation to those eggs, and

(c) where he has more than one registered premises, to notify to the Minister the premises selected by him for the purposes of the next preceding paragraph of this sub-section and not to alter such selection without the consent of the Minister.

(3) It shall be the duty of every registered retailer to keep or cause to be kept, in every registered premises of which he is the registered proprietor, a register in the prescribed form of all eggs acquired by him and brought on to the said premises (whether such eggs are or are not acquired at the said registered premises), and, within twelve hours after the acquisition of any such eggs, to enter or cause to be entered in such register the prescribed particulars in relation to those eggs.

(4) It shall be the duty of every registered preserver to keep or cause to be kept, in every registered premises of which he is the registered proprietor, a register in the prescribed form of all eggs received at or dispatched from those premises and, within twelve hours after the receipt or dispatch of any such eggs, to enter or cause to be entered in such register the prescribed particulars in relation to those eggs.

(5) Every register kept in pursuance of this section may be inspected at any time during office hours by any inspector, and it shall be the duty of the registered proprietor to produce for the inspection of the inspector on demand such register and also all invoices, delivery or consignment notes, receipts and other documents (including copies thereof where the originals are not available) reasonably demanded by the inspector for the purpose of verifying any entry in or explaining any omission from such register.

(6) If any registered proprietor—

(a) fails to keep or cause to be kept such register or registers as is or are required by this section, or

(b) fails to make or cause to be made in any such register within the time prescribed by this section any entry required by this section to be made therein, or

(c) fails to produce or cause to be produced for the inspection of an inspector on demand any register, document or copy of a document which he is required by this section so to produce, or obstructs any inspector in the making of an inspection, or

(d) wilfully or negligently makes or causes to be made in any such register any entry which is false or misleading in a material particular,

he shall be guilty of an offence under this section and shall be liable on summary conviction thereof, in the case of a first such offence, to a fine not exceeding twenty pounds, and in the case of a second or any subsequent such offence, to a fine not exceeding fifty pounds.

(7) For the purpose of this section—

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

(b) a demand for inspection of a register or other document shall be deemed to have been duly made to the registered proprietor if such demand is made verbally on the registered premises to any person in the employment of the registered proprietor; and

(c) a refusal or failure to produce a register or other document for inspection, if made or committed on the registered premises by a person in the employment of the registered proprietor, shall be deemed to have been made or committed by the registered proprietor; and

(d) the expression “office hours” means 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 on the registered premises.

(8) References in this Act (other than this section) to a register kept under this Act or to a register kept in pursuance of this Act shall not include any register kept in pursuance of this section.

Inspection of registered premises.

27. —(1) Any inspector shall be entitled at all reasonable times to enter any premises registered in a register kept in pursuance of this Act or in respect of which an application for registration in any such register has been made, and there do all or any of the following things, that is to say:—

(a) inspect all or any part of such premises and the equipment, appliances and fittings therein;

(b) observe all or any of the processes of testing, grading, and packing eggs conducted on such premises;

(c) examine all or any eggs, packages, and packing materials on such premises, and take reasonable samples of all or any of such eggs, packages and packing materials;

(d) search for and inspect eggs on such premises;

(e) require the registered proprietor or any person employed by the registered proprietor on such premises to furnish the inspector with such information in relation to any eggs or package of eggs found by him on such premises as may be reasonably necessary for the purposes of the administration of this Act.

(2) Every person who—

(a) obstructs or impedes an inspector in the exercise of any of the powers conferred on him by this section; or

(b) fails or refuses to give to an inspector on demand any information which such inspector is entitled to demand under this section; or

(c) wilfully or negligently gives to an inspector information which is false or misleading in a material particular,

shall be guilty of an offence under this section, and shall be liable on summary conviction thereof to a fine not exceeding five pounds.

Structural alteration of registered premises.

28. —(1) It shall not be lawful for any registered proprietor, (other than a registered retailer) to make or permit to be made, without the previous approval of the Minister, any structural alterations in any registered premises of which he is the registered proprietor.

(2) Whenever the registered proprietor of registered premises desires to make structural alterations in those premises, he may apply to the Minister in the prescribed form for the approval thereof in accordance with this section, and the Minister shall, as soon as may be after the receipt of the application, intimate in writing to such registered proprietor his approval or disapproval of the proposed alterations.

(3) Every registered proprietor who makes structural alterations to any registered premises 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 ten pounds.

Prohibition against registered proprietor carrying on business in premises other than registered premises.

29. —(1) Where a person is the registered proprietor of premises registered in a register kept in pursuance of this Act, it shall not be lawful for him to carry on the business carried on by him in the said premises in any premises which are not registered in the said register or of which he is not the proprietor registered in the said register.

(2) A registered wholesaler or a registered dealer shall not, without the consent of the Minister, carry on in his or any of his registered premises any business other than the business in respect of which such premises are registered.

(3) Every registered proprietor who acts 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 fifty pounds together with a further fine not exceeding five pounds for every day on which such offence is continued.