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Export of potatoes.
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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:—
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(a) such potatoes shall be exported by a licensed exporter; and
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(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
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(c) such potatoes if exported by a licensed (general) exporter, shall be exported direct from registered premises; and
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(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
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(e) such potatoes shall not, save by an inspector, have been removed from the packages in which they were so packed, and
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(f) such potatoes are contained in packages which have applied thereto the marks prescribed by regulations for the marking of packages of potatoes, and
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(g) such potatoes, if seed potatoes, shall be contained in packages sealed with the official seal, and
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(h) such potatoes, if ware potatoes, shall be contained in packages fastened with the official fastener, and
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(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
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(j) such potatoes shall be accompanied by a consignment certificate.
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(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.
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(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.
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(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.
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(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.
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(6) This section shall not apply to any potatoes—
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(a) which—
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(i) are exported in one lot or consignment, and
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(ii) do not, with the packages (if any) containing the same, exceed in weight five hundredweights, and
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(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
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(b) which are exported under and in accordance with a special licence granted under this Act, or
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(c) which—
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(i) are exported in one lot or consignment into Northern Ireland by the grower thereof in his own vehicle, and
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(ii) do not, with the packages (if any) containing the same, exceed in weight one ton, and
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(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
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(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
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(e) which are exported during a period which is a time of exemption for the purposes of this Part of this Act, or
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(f) which are exported by the Minister.
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