S.I. No. 302/1950 - Agricultural and Fishery Products (Regulation of Export) Act, 1947 (Export of Poultry and Rabbits) Order, 1950.

S.I. No. 302 of 1950.

AGRICULTURAL AND FISHERY PRODUCTS (REGULATION OF EXPORT) ACT, 1947 (EXPORT OF POULTRY AND RABBITS) ORDER, 1950.

I, JAMES M. DILLON, Minister for Agriculture in exercise of the powers conferred on me by section 2 of the Agricultural and Fishery Products (Regulation of Export) Act, 1947 (No. 18 of 1947), hereby order as follows:—

PART I PRELIMINARY

1.—(1) This Order may be cited as the Agricultural and Fishery Products (Regulation of Export) Act, 1947 (Export of Poultry and Rabbits) Order, 1950.

(2) This Order shall come into operation on the 1st day of January, 1951.

2.—In this Order—

the expression " the Act " means the Agricultural and Fishery Products (Regulation of Export) Act, 1947 (No. 18 of 1947) ;

the word "inspector"; means a person appointed by the Minister to be an inspector for the purposes of this Order or any Part of this Order ;

the expression " the Minister " means the Minister for Agriculture ;

the word " poultry " includes domestic fowls, turkeys, geese and ducks;

the word " rabbit " means a dead rabbit and includes a Belgian hare.

PART II LIVE POULTRY

3. No person shall export any live poultry unless—

(a) such live poultry are exported under and in accordance with a licence in that behalf issued by the Minister under the Act, and

(b) the licence is, prior to exportation, delivered to the proper officer of Customs and Excise.

4.—(1) Any person may apply to the Minister for a licence to export live poultry.

(2) Every application for a licence shall—

(a) be in writing,

(b) contain such particulars as the Minister may require, and

(c) be sent to the Secretary, Department of Agriculture, Dublin.

5.—(1) Whenever the Minister issues a licence to export live poultry he may attach to the licence any one or more of the following conditions :—

(a) that the premises in which live poultry are kept prior to packing for export are suitable for the purpose and are in a condition of cleanliness and order ;

(b) that the said premises shall be cleaned and disinfected thoroughly after the packing of each consignment of poultry ;

(c) that such measures as may be directed by an inspector for preventing the introduction or spread of disease shall be carried out at the said premises ;

(d) that the live poultry to which the licence relates shall be healthy and of good quality, and shall be consigned in clean and suitable crates ;

(e) that such live poultry shall be exported within a specified time or during a specified period;

(f) that such live poultry shall be exported at a specified port or place or by a specified route;

(g) that such live poultry shall be exported to a specified port or place ;

(h) that such live poultry shall be consigned to a specified consignee ;

(i) that such live poultry shall be carried in crates of the type and specification approved by the Minister and notified to the holder of the licence ;

(j) such other conditions as the Minister thinks fit.

(2) Where conditions are attached to a licence the licensee shall comply with them.

(3) A licence which was granted under the Emergency Powers (Export of Live Poultry) Order, 1941 (S.R. & O., No. 533 of 1941 , and which was in force immediately before the making of this Order, shall be deemed for the purposes of this Part of this Order to have been granted under the Act.

6.—(1) The Minister may grant a permit to any person to export live poultry.

(2) The Minister may attach conditions to a permit under this Article and the holder of the permit shall comply with such conditions.

(3) Article 3 of this Order shall not apply in respect of any export under and in accordance with a permit under this Article.

PART III DEAD POULTRY AND RABBITS

7. Each of the following shall be a licensed commodity for the purposes of this Order :—

(a) dead poultry ;

(b) unskinned rabbits ;

(c) skinned rabbits ;

(d) any article of food wholly or partly manufactured or derived from the flesh of poultry ; and

(e) any article of food wholly or partly manufactured or derived from the flesh of rabbits.

8.—(1) No person shall export a licensed commodity except under and in accordance with a licence in that behalf issued by the Minister under the Act.

(2) A licence shall relate to one licensed commodity only and to one set of premises only, but two or more licences in respect of different licensed commodities granted to the same person may relate to the same set of premises.

(3) Any person may apply to the Minister for one or more than one licence.

(4) Every application for a licence shall—

(a) be in writing,

(b) specify the particular set of premises to which the applicant desires the licence to relate and such other particulars as the Minister may require, and

(c) be sent to the Secretary, Department of Agriculture, Dublin.

9.—(1) Where an application for a licence to export a licensed commodity is made the Minister shall not grant the licence unless and until he is satisfied that the following conditions are complied with :—

(a) that the premises and the equipment therein are suitable for the preparation for export of the licensed commodity in respect of which the licence is sought, and

(b) that the premises and the said equipment are in a condition of cleanliness and order.

(2) The Minister may attach to any licence any one or more of the following conditions:—

(a) that the licensed commodity authorised to be exported by the licence shall be exported within a specified time ;

(b) that such licensed commodity shall be exported at a specified port or place or by a specified route ;

(c) that such licensed commodity shall be exported to a specified port or place ;

(d) that such licensed commodity shall be exported by a specified person ;

(e) that such licensed commodity shall be consigned to a specified consignee ;

(f) that such licensed commodity shall be exported in accordance with the directions of such person as may be specified in that behalf in the licence ;

(g) that the licensee shall employ a person to act as his agent for the purpose of the exportation of such licensed commodity and shall enter into an agreement with such person for that purpose ;

(h) such other conditions as the Minister thinks fit.

(3) Where conditions are attached to a licence the licensee shall comply with them.

(4) Unless sooner revoked a licence to export a licensed commodity shall—

(a) in the case of a licence to export dead poultry issued to an exporter who, in the opinion of the Minister, exports dead poultry during the winter season only—expire on the 31st day of January in the next following year, and

(b) in any other case—expire on the 31st day of December next following the date on which the licence was granted.

10. No person shall export a licensed commodity unless—

(a) the commodity has been prepared and packed on the premises to which the licence to export that commodity relates, and

(b) the requirements—

(i) in the case of an export of turkeys or geese, of the First Schedule to this Order, or

(ii) in the case of an export of cocks, of the Second Schedule to this Order, or

(iii) in the case of an export of chickens, hens or ducks, of the Third Schedule to this Order, or

(iv) in the case of an export of rabbits, of the Fourth Schedule to this Order,

are complied with, and

(c) in the case of dead poultry—

(i) the poultry were killed on the premises to which the licence relates, while fasting, and have been properly prepared (by being plucked, purged, cleaned and cooled) and graded in accordance with the directions of the Minister given from time to time, and

(ii) the poultry are at the time of export or, where examined by an inspector prior to export, at the time of examination, fresh and of good quality, and

(d) the commodity, in the case of unskinned rabbits is, at the time of export, or, where it is examined by an inspector prior to export, at the time of the examination, properly paunched, fresh and of good quality ;

(e) the commodity, in the case of skinned rabbits, is, at the time of export or, where it is examined by an inspector prior to export, at the time of the examination, properly paunched and skinned, fresh and of good quality ;

(f) the commodity, in the case of dead poultry exported during a period specified by direction given by the Minister for the purposes of this subparagraph, is frozen, chilled or iced in accordance with the requirements of such direction ;

(g) the commodity, in the case of ducks or geese, is exported during the period commencing on the 1st day of January and ending on the next following 31st day of March, or the period commencing on the third Tuesday in September and ending on the next following 31st day of December ;

(h) the commodity, in the case of any article of food wholly or partly manufactured from the flesh of poultry, or wholly or partly manufactured from the flesh of rabbits, is at the time of export or, where it is examined by an inspector prior to export, at the time of examination, fresh and of good quality ;

(i) the commodity is packed in a case which has been obtained from a manufacturer approved by the Minister for the manufacture of such cases ;

(j) the commodity conforms to such other conditions as the Minister may from time to time direct.

11.—(1) The Minister may grant a permit to any person to export a licensed commodity.

(2) The Minister may attach conditions to a permit under this Article and the holder of the permit shall comply with the conditions.

(3) Articles 8 and 10 of this Order shall not apply in respect of any export under and in accordance with a permit under this Article.

(4) A licence or permit, which was granted or deemed to have been granted under the Emergency Powers (Export of Dead Poultry and Rabbits) Order, 1945 (S.R. & O., No. 141 of 1945), and which was in force immediately before the making of this Order shall be deemed for the purposes of this Part of this Order to have been granted under the Act.

PART IV POWERS OF INSPECTORS

12.—(1) Any inspector shall be entitled at all reasonable times (subject to the production by him, if so required, of his authority in writing as such inspector) to enter upon and have free access to the interior of—

(a) any premises in respect of which a licence has been issued or an application for a licence has been made, or

(b) any premises in which any licensed commodity is stored or prepared for export or in which the inspector reasonably believes or suspects that any licensed commodity is stored or prepared for export, or

(c) any premises in which live poultry are kept or in which the inspector reasonably believes live poultry are kept prior to packing for export, or

(d) the premises of any person engaged in the business of carrying goods for reward, or

(e) any warehouse or other premises of any person engaged in the business of warehousing goods, or

(f) any pier, quay, wharf, jetty, dock or dock premises, or

(g) any ship, boat, railway wagon, motor lorry, cart or other. vessel or vehicle used for the conveyance of goods.

(2) An inspector may do all or any of the following things in or upon any of the places mentioned in the foregoing paragraph of this Article, that is to say :—

(a) inspect any package found in or upon any such place ;

(b) open any such package which he reasonably believes or suspects to contain any licensed commodity or live poultry ;

(c) examine any licensed commodity or live poultry, found by him in or upon any such place, whether contained in a package or not ;

(d) detain for so long as may be reasonably necessary for the purposes of this Article any package or live poultry found by him in or upon any such place.

(3) Where an inspector, on examination of any licensed commodity forming all or part of a consignment which is stored in a public cold store, is of opinion that the consignment or any part thereof is unfit for export, the inspector may give a notice in writing to the licensee prohibiting the export and ordering the removal from the cold store of the consignment or part thereof and, on such notice being given, the licensee shall comply therewith

(4) Where an inspector, on examination of a package, containing any licensed commodity or live poultry, forming all or part of a consignment which is in the hands of a carrier for export, has reasonable grounds for believing that there has been a contravention of this Order in respect of the package or of the licensed commodity or live poultry, the inspector may give a notice in writing to the carrier stating that the further carriage by the carrier (except by way of returning to the consignor) of the consignment or any part thereof is prohibited and, on such notice being given, the carrier shall comply therewith.

(5) Neither the Minister nor any inspector shall be liable for any loss, damage or reasonable delay arising from the exercise by an inspector of any of the powers conferred on him by this Article, and no action shall lie against the consignor, or any other person, for or on account of any such loss, damage or reasonable delay.

(6) For the purpose of this Article, whenever a notice prohibiting the further carriage of a consignment or part of a consignment has been given to a carrier under this Article and any package forming part of such consignment or part of a consignment is, at the time the notice is given, actually loaded in a ship or a railway wagon, the carriage of the package on the ship or railway wagon shall not be deemed a further carriage in contravention of paragraph (4) of this Article if the carrier proves that—

(a) at the first available opportunity he returned the package to, and landed or delivered it at, the port or station at which it was loaded into the ship or wagon (as the case may be), and

(b) between the time when the notice was given and the said return and landing or delivery of the package, it was in the sole charge of the carrier and was not opened or interfered with in any way.

(7) In this Article the word " package " includes any case, crate, container or other receptacle containing or capable of containing a licensed commodity or live poultry for export.

PART V PROHIBITION OF STORAGE OF DUCKS AND GEESE

13. In this Part of this Order—

the word " ducks " means dead ducks ;

the word " geese " means dead geese ;

the word " package " includes any case, container or other receptacle containing or capable of containing ducks or geese ;

the word " store " means any premises used or capable of being used for storing ducks or geese.

the expression " ducks and geese prohibition of storage period " means the period commencing on the 28th day of March and ending on the next following Saturday before the third Tuesday in September.

14. During a ducks and geese prohibition of storage period, no person shall—

(a) consign or deliver ducks or geese to, or place ducks or geese in, any store, or

(b) accept delivery of ducks or geese at, or retain ducks or geese in, any store.

15. During a ducks and geese prohibition of storage period, an inspector may enter any store at all reasonable times and do all or any of the following things therein :—

(a) inspect any package found in the store ;

(b) open, or require the person for the time being in charge of the store to open, any package found in the store which the inspector reasonably believes or suspects to be a package containing ducks or geese ;

(c) examine any ducks or geese found in the store, whether contained in a package or not.

16.—(1) Where, during a ducks and geese prohibition of storage period, an inspector finds dudks or geese in any store, he may require the proprietor or the person for the time being in charge of the store to remove the ducks or geese from the store.

17.—(1) The Minister may by direction vary a ducks and geese prohibition of storage period.

(2) Whenever the Minister gives a direction under paragraph (1) of this Article, he shall take all reasonable steps to bring such direction to the knowledge of persons concerned.

18. This Order shall not apply to the storage of ducks or geese—

(a) in a dwellinghouse where such ducks or geese are stored by the occupier for his own domestic use, or

(b) in a hotel or restaurant where such ducks or geese are stored by the proprietor for sale as part of a meal, or

(c) in a shop where such ducks or geese are stored by the proprietor for retail sale, or

(d) in a store in respect of which a licence under Article 19 of this Order is in force.

19.—(1) The Minister may grant to any person a licence to store ducks or geese in a specified store and may attach conditions to such licence.

(2) Where any condition is attached to a licence under this Article, the holder of the licence shall comply with such condition.

FIRST SCHEDULE.

1. Turkeys and geese consigned for export shall be packed only in cases constructed in accordance with the specifications approved by the Minister and as notified to licensed exporters.

2. The timber of which a case is made shall be well seasoned, white, clean, dry and free from bark, wane and feather, large knots and discolouration.

3. The turkeys or geese packed in a case shall be approximately 100 lb. in net weight or such other weight as the Minister may from time to time approve.

4. Hen turkeys and cock turkeys shall not be packed in the same case.

5. Where a case contains hen turkeys, the case shall be restricted to containing birds of one only of the following classes :—

(a) birds weighing not less than 6 lb. and not more than 9 lb.,

(b) birds weighing more than 9 lb.

6. Where a case contains cock turkeys, the case shall be restricted to containing birds of one only of the following classes :—

(a) birds weighing less than 12 lb.,

(b) birds weighing not less than 12 lb. and not more than 15 lb.,

(c) birds weighing more than 15 lb. and not more than 18 lb.,

(d) birds weighing more than 18 lb.

7. A case shall be lined with strong parchment paper or grease-proof paper and the head of each bird shall be wrapped separately in similar paper.

8. Turkeys or geese packed in a case shall be packed breast upwards in two rows with the head turned towards the side of the case.

9. Where the packing of turkeys or geese in a case is not firm, a roll of wood wool wrapped in parchment paper shall be used to prevent movement of the turkeys or geese in the course of transit.

10. A case shall have printed thereon, in such colour and in letters or numbers of such dimensions as the Minister may from time to time approve, the particulars indicated hereunder in the positions so indicated, or such other particulars in such other positions as the Minister may from time to time approve.

SPECIMEN MARKING OF END OF CASE.

11. A case shall, after it is closed, be securely wired or strapped with steel wire or strip.

SECOND SCHEDULE.

1. Cocks consigned for export shall be packed only in cases constructed in accordance with the specifications approved by the Minister and as notified to licensed exporters.

2. The timber of which a case is made shall be well seasoned, white, clean, dry and free from bark, wane and feather, large knots and discolouration.

3. The cocks packed in a case shall be approximately 50 lb. in net weight or such other weight as the Minister may from time to time approve.

4. Poultry of another description shall not be packed in the same case as cocks save with the sanction of the Minister.

5. A case shall be lined with strong parchment paper or grease-proof paper.

6. Cocks packed in a case shall be packed breast upwards with the head and neck underneath the body.

7. Where the packing of cocks in a case is not firm, a roll of wood wool wrapped in parchment paper shall be used to prevent movement of the cocks in the course of transit.

8. A case shall have printed thereon, in such colour and in letters or numbers of such dimensions as the Minister may from time to time approve, the particulars indicated hereunder in the positions so indicated, or such other particulars in such other positions as the Minister may from time to time approve.

SPECIMEN MARKING OF END OF CASE.

9. A case shall, after it is closed, be securely wired or strapped with steel wire or strip.

THIRD SCHEDULE.

1. Chickens, hens and ducks consigned for export shall be packed only in cases constructed in accordance with the specifications approved by the Minister and as notified to licensed exporters.

2. The timber of which a case is made shall be well seasoned, white, clean, dry and free from bark, wane and feather, large knots and discolouration.

3. A case when packed shall contain 12 chickens, hens or ducks, but more than one description of poultry shall not be packed in a case save with the sanction of the Minister.

4. A case shall be lined with strong parchment paper or grease-proof paper.

5. Chickens, hens or ducks packed in a case shall be packed breast upwards with the head and neck underneath the body.

6. A case shall have printed thereon, in such colour and in letters or numbers of such dimensions as the Minister may from time to time approve, the particulars indicated hereunder in the positions so indicated, or such other particulars in such other positions as the Minister may from time to time approve.

SPECIMEN MARKING OF END OF CASE.

7. A case shall, after it is closed, be securely wired or strapped with steel wire or strip.

FOURTH SCHEDULE.

1. Skinned rabbits or unskinned rabbits consigned for export shall be packed only in cases constructed in accordance with the specifications approved by the Minister and as notified to licensed exporters.

2. The timber of which a case is made shall be well seasoned, white, clean, dry and free from bark, wane and feather, large knots and discolouration.

3. The rabbits packed in a case shall be approximately 30 lb. or approximately 60 lb. in net weight or such other weight as the Minister may from time to time approve.

4. A case containing skinned rabbits shall be lined with parchment paper, grease-proof paper or cellophane, if the carcases are not wrapped individually in one of those materials.

5. A case shall have printed thereon, in such colour and in letters or numbers of such dimensions as the Minister may from time to time approve, the particulars indicated hereunder in the positions so indicated, or such other particulars in such other positions as the Minister may from time to time approve.

SPECIMEN MARKING OF END OF CASE.

6. A case shall, after it is closed, be securely wired or strapped with steel wire or strip.

GIVEN under my Official Seal, this 14th day of December, 1950

(Sgd.) JAMES M. DILLON,

Minister of Agriculture.