S.I. No. 86/1946 - Dried Peas (Regulation of Import) Order, 1946.


STATUTORY RULES AND ORDERS. 1946. No. 86.

DRIED PEAS (REGULATION OF IMPORT) ORDER, 1946.

The Minister for Agriculture, in exercise of the powers conferred on him by section 2 of the Agricultural Products (Regulation of Import) Act, 1938 (No. 14 of 1938), hereby, after consultation with the Minister for Finance and the Minister for Industry and Commerce, orders as follows :—

1.—(1) This Order may be cited as the Dried Peas (Regulation of Import) Order, 1946.

(2) This Order shall come into operation on the 17th day of April, 1946.

2. In this Order the expression " the Minister " means the Minister for Agriculture.

3. It shall not be lawful to import dried peas unless—

(a) such dried peas are imported by land from Northern Ireland by an Irish citizen resident in the State for his own household use and not for sale, and the quantity so imported by any one importer in any one day does not exceed in weight four pounds (4 lb.), or

(b) such dried peas are imported as a bona fide trade sample and are consigned in the ordinary course of trade to a trader in dried peas and are not for sale, or

(c) such dried peas are imported under and in accordance with a licence issued by the Minister under this Order, and such licence is at the time of importation delivered to the proper officer of Customs and Excise.

4. (1) The Minister may, whenever and as often as he thinks fit, issue a licence to import a specified quantity of dried peas.

(2) Whenever the Minister issues a licence under this Order, he may attach to such licence any one or more of the following conditions, that is to say :—

(a) a condition that the dried peas to which such licence relates shall be of a specified description,

(b) a condition that such dried peas shall be imported within a specified time or during a specified period,

(c) a condition that such dried peas shall be imported from a specified country,

(d) a condition that such dried peas shall be imported at a specified port or place or by a specified route,

(e) a condition that such dried peas shall not be imported in more than a specified number of consignments,

(f) a condition that such dried peas shall be imported by or on behalf of a specified person,

(g) such other conditions as he thinks fit.

(3) The Minister may at any time revoke any licence issued under this Order.

5.—(1) Any person to whom a licence under this Order is issued is hereby required from time to time—

(a) to produce, at the request of an authorised officer, to such authorised officer, any books, records or documents relating to the purchase, sale or disposition of any dried peas, which are in the power, possession or procurement of such person ; to permit such authorised officer to inspect and take extracts from such books, records or documents, and to give him any information which he may reasonably request in regard to any entries in such books, records or documents ;

(b) to give to an authorised officer any information which he may reasonably request in regard to the purchase, acquisition, storage, sale or disposal by such person of any dried peas ;

(c) to furnish in writing within such time and in such manner as an authorised officer may request, to such authorised officer, such statements and returns regarding the purchase, acquisition, storage, sale or disposal by such person of any dried peas as such authorised officer may reasonably request.

(2) Each of the following persons shall be an authorised officer for the purposes of this Order—

(a) any officer of Customs and Excise,

(b) any member of the Gárda Síochána,

(c) any person appointed by the Minister to be an authorised officer for the purposes of this Order.

6. Any person who imports or attempts to import any dried peas in contravention of this Order or who aids or abets the importation or attempted importation of any dried peas in contravention of this Order or who contravenes (whether by act or omission) any requirement imposed on him by or under this Order shall be guilty of an offence under this Order and shall be liable on summary conviction thereof to a fine not exceeding one hundred pounds.

GIVEN under the Official Seal of the Minister for Agriculture, this 10th day of April, 1946.

D. TWOMEY,

Secretary.