S.I. No. 101/1940 - Agricultural Produce (Eggs) (Amendment) Regulations, 1940.

STATUTORY RULES AND ORDERS. 1940. No. 101.

AGRICULTURAL PRODUCE (EGGS) (AMENDMENT) REGULATIONS, 1940.

I, SÉAMAS O RIAIN, Minister for Agriculture, in exercise of the powers conferred on me by the Agricultural Produce (Eggs) Act, 1939 (No. 2 of 1939), and of every and any other power me in this behalf enabling, and in so far as these regulations relate to the amount or collection of any fees, with the consent of the Minister for Finance, testified by his official seal affixed hereto, do by this Order make the following regulations :—

I. PRELIMINARY.

1. These Regulations may be cited as the Agricultural Produce (Eggs) (Amendment) Regulations, 1940.

2. In these Regulations, the expression " the Principal Regulations " means the Agricultural Produce (Eggs) Regulations, 1939 (Statutory Rules and Orders, No. 169 of 1939), and every word and expression to which a particular meaning is given by the Principal Regulations for the purposes of those Regulations shall, in those Regulations, have the meaning so given to it.

3. The Principal Regulations, the Agricultural Produce (Eggs), (Amendment) Regulations, 1939 (Statutory Rules and Orders, No. 342 of 1939), and these Regulations shall be construed as one and may be cited together as the Agricultural Produce (Eggs) Regulations, 1939 to 1940.

II. COMMENCEMENT.

4. These Regulations shall come into operation on the 15th day of April, 1940.

III. MISCELLANEOUS AMENDMENTS OF THE PRINCIPAL REGULATIONS.

5. Article 15 of the Principal Regulations is hereby amended in the following respects and shall be construed and have effect accordingly, that is to say :—

(a) by the substitution, in sub-paragraph (a) of paragraph (2) and in sub-paragraphs (a), (e) and (i) of paragraph (3), of the expression " 2 drams " in lieu of the expression " 3 drams " now contained therein, and of the expression " 16½ lb." in lieu of the expression " 17 lb." now contained therein ;

(b) by the substitution, in sub-paragraph (b) of paragraph (2), and in sub-paragraphs (b), (f) and (j) of paragraph (3) of the expression " 14 drams " in lieu of the expression " 15 drams " now contained therein, and of the expression " 15 lb. " in lieu of the expression " 15½ lb." now contained therein ;

(c) by the substitution, in sub-paragraph (c) of paragraph (2) and in sub-paragraphs (c), (g) and (k) of paragraph (3), of the expression " 11 drams " in lieu of the expression " 12 drams " now contained therein, and of the expression " 13½ lb." in lieu of the expression " 14 lb." now contained therein ;

(d) by the insertion at the end of the said Article 15 of a new paragraph as follows :—

" (6) This Article does not apply to eggs which are sold, or offered or consigned for sale on or from registered wholesalers' premises under and in accordance with a licence in that behalf granted by the Minister."

6. Article 21 of the Principal Regulations is hereby amended in the following respects, and shall be construed and have effect accordingly, that is to say :—

(a) by the insertion, in paragraph (3), immediately after the words " shall be made out " of the words " clearly and legibly ";

(b) by the substitution in sub-paragraph (b) of paragraph (3) of the word " one " in lieu of the words " the first " now contained therein.

7. Article 25 of the Principal Regulations is hereby amended in the following respects, and shall be construed and have effect accordingly, that is to say :—

(a) by the insertion, immediately after the words " other than eggs intended," of the words " to be converted into liquid eggs or " ;

(b) by the addition, at the end of paragraph (2), of the following words, that is to say : " with the modification that the word ' Chilled ' or the word ' sterilised ' (as the case may require) need not be enclosed in a separate circle in pursuance of paragraph (5) of Article 16 of these Regulations, but may be included in the circle in which are enclosed the code mark and the origin mark, and in such case shall be so enclosed in the manner indicated by the following pattern, thus :— "

8. Part I of Schedule No. 2 to the Principal Regulations is hereby amended by the deletion of the word " flats " from the note at the foot of the illustrations of Collection Case No. 1, and the addition to that note of the following sentence :

" The flats to be used shall be of the Mapes, Diamond or Keyes Filler types."

9. Schedule No. 3 to the Principal Regulations is hereby amended by the deletion of the several paragraphs headed " 3. Timber " in Parts II, III and IV of that Schedule, and the substitution in each case of the following paragraph in lieu of the paragraphs so deleted, that is to say:

" 3. Timber The wood shall be well seasoned and free from odour. It shall be clean, dry, free from mould, blue wood, bark, large knots and discolouration."

IV. REGISTERED RETAILERS.

10. Every retailer's notice served on a person under Section 47 of the Act shall be in the form set out in Schedule No. 1 hereto.

11. Every application, under Section 47 of the Act, for registration in the register of retailers pursuant to a retailer's notice served under that section shall he made in the form set out in Schedule No. 2 hereto.

12. The following provisions shall apply to every registered retailer immediately after he becomes registered in the register of retailers pursuant to a retailer's notice served on him under Section 47 of the Act, that is to say :—

(a) the eggs acquisition fee payable by such registered retailer under sub-section (2) of Section 15 of the Act shall be at the rate of twopence on every thirty dozen eggs in respect of which such fee is payable under that sub-section ;

(b) such registered retailer shall, within seven days from the commencement of every month, make to the Minister at his office in Dublin, a return in the form set out in Schedule No. 4 hereto, stating in respect of the previous month the particulars required by that form ;

(c) the register to be kept by such registered retailer on his registered premises in pursuance of sub-section (3) of Section 26 of the Act shall be kept in the form set out in Schedule No. 3 hereto ;

(d) Article 12 of the Principal Regulations shall apply to such registered retailer in the same manner as it applies to registered wholesalers with the modification that the words " tested " and " testing " shall respectively be construed as meaning " examined " and " examination " ;

(e) Article 21 of the Principal Regulations, as a amended by these Regulations, shall apply to such registered retailer in the same manner as it applies to registered wholesalers and registered dealers with and subject to the following modifications, that is to say :—

(i) all references in the said Article 21 to a registered wholesaler or a registered dealer shall be construed as reference to such registered retailer ;

(ii) sub-paragraph (e) of paragraph (3) of the said Article 21 shall be construed as if the period of four weeks mentioned therein were a period of eight weeks and as if clauses (ii), (iii) and (iv) thereof were omitted therefrom ;

(iii) in sub-paragraph (f) of the said paragraph (3) the words " tested " and " testing " shall respectively be construed as meaning " examined " and " examination " ;

(iv) paragraph (4) shall not apply to such registered retailer.

Given under my Seal of Office this twelfth day of April, 1940.

(Signed) SÉAMAS O RIAIN,

Minister for Agriculture.

I consent to the foregoing Regulations so far as the same relate to the amount or collection of fees.

(Signed) SEÁN T. Ó CEALLAIGH,

Minister for Finance.

SCHEDULE No. 1.

AGRICULTURAL PRODUCE (EGGS) ACT, 1939 .

NOTICE UNDER SECTION 47.

To..................................................

of............................................................ ......

............................................................ ............

In exercise of the powers vested in him by Section 47 of the Agricultural Produce (Eggs) Act, 1939 , the Minister for Agriculture hereby requires you to apply, within twenty-one days from the date of the receipt of this notice, for registration in the register of retailers in respect of the premises situated at............................................................ ............................................................ .......................... in which you carry on/are about to carry on, the business of selling by retail eggs purchased from registered wholesalers or from producers or from registered wholesalers only or from producers only.

The enclosed Form of Application for Registration (A.P.E. No. 38.) should be completed and returned to the Secretary. Department of Agriculture. Dublin, within the period specified above.

Signed............................................................ ..................

An Officer duly authorised in this behalf.

Date............................................................ .....................

FORM A.P.E. No. 38.

SCHEDULE No. 2.

AGRICULTURAL PRODUCE (EGGS) ACT, 1939 .

FORM OF APPLICATION FOR REGISTRATION IN THE REGISTER OF RETAILERS.

(a)I/We............................................................ ............................................................ ...................................

............................................................ ............................................................ ............................................................ ....

of............................................................ ............................................................ ............................................................ .

hereby apply for registration in the Register of Retailers in respect of the premises situated at............................................................ ............................................................ .......................................................

The dimensions of that portion of the above-mentioned premises used or to be used for the retail sale of eggs are as follows :—

............................................................ ............length(in feet)

............................................................ ............width  "

............................................................ ............height  "

The eggs sold by retail on the above-mentioned premises are/will be purchased from :—

(1) Wholesalers only.(b)

(2) Producers only (b)

(3) Wholesalers and Producers. (b)

(4) Other sources. (b)

I/We declare that the above particulars are true to the best of my/our knowledge and belief.

Signature............................................................ ......

Full Postal Address................................................

Date............................................................ ....

(a) If a limited company the full description of the company should be given, together with the name of the Secretary. If not a limited company the full name(s) of the proprietor(s) should be given.

(b) Delete clause(s) not applicable.

SCHEDULE No. 3.

AGRICULTURAL PRODUCE (EGGS) ACT, 1939 .

FORM OF REGISTER TO BE KEPT ON EVERY PREMISES REGISTERED IN THE REGISTER OF RETAILERS.

PARTICULARS OF EGGS ACQUIRED DURING THE MONTH OF......................................., 19......

SCHEDULE No. 4.

AGRICULTURAL PRODUCE (EGGS) ACT, 1939 .

FORM OF MONTHLY RETURN TO BE MADE BY REGISTERED RETAILERS.

Month of..........................................19............

Name of Registered Retailer............................................................ ............................................................ .................

Situation of Premises............................................................ ............................................................ ............................

Identification Mark assigned to the Premises............................................................ .............................................

I/We declare that the particulars herein set out are complete and correct to the best of my/our knowledge and belief.

Signature............................................................ .............

Postal Address............................................................ ...

Date............................................................ ...

Note.—This return must reach the Department of Agriculture not later than seven days after the expiration of the month to which it relates.

PARTICULARS OF EGGS ACQUIRED DURING THE MONTH OF .....................................19...FROM PERSONS OTHER THAN PRODUCERS.