S.I. No. 372/1951 - Potato Root Eelworm Order, 1951.

S.I. No. 372 of 1951.

POTATO ROOT EELWORM ORDER, 1951.

I, THOMAS WALSH, Minister for Agriculture, in exercise of the powers conferred on me by the joint operation of the Destructive Insects and Pests Acts, 1877 to 1929, and the Agriculture Act, 1931 (No. 8 of 1931), and for the purpose of preventing the spread of the potato root eelworm, hereby order as follows :—

1. (1) This Order may be cited as the Potato Root Eelworm Order, 1951.

(2) This Order shall come into operation on the 1st day of January, 1952.

2. The Interpretation Act, 1937 (No. 38 of 1937), applies to this Order.

3. In this Order—

" crop " means a potato crop and includes every part of the plants of the crop ;

" Inspector " means an officer of the Minister or any person appointed to be an Inspector for the purposes of this Order ;

" Minister " means the Minister for Agriculture ;

" package " includes packet, bag, sack, crate, box or other container for potatoes ;

" the pest " means the pest known as potato root eelworm (Heterodera rostochiensis).

4. The owner or occupier of any land, the owner of any crop growing or grown thereon or the servant or agent of the owner of the land or of the owner of such crop shall, if he finds the pest on the land or suspects the land to be infested with the pest, forthwith notify the Minister of the fact.

5. No person shall supply, or offer to supply, for seed purposes—

(a) any potatoes on which the pest exists or carrying soil in which the pest exists, or

(b) any potatoes from a package containing soil in which the pest exists.

6. (1) An Inspector may, upon production, if so required, of his appointment or authority, enter upon any land for the purpose of ascertaining whether the pest exists or, if it does exist, the extentto which it exists on the land or any crop and he may make all such inquiries and examinations (including the taking of samples) as are necessary for such purpose.

(2) An Inspector may, upon production, if so required, of his appointment or authority, enter upon any premises, vehicle, waggon, conveyance, aircraft or vessel or other craft in, on or in the vicinity of which he has reason to believe that the pest exists or has existed on any potatoes and he may make all such inquiries and examinations (including the taking of samples) as he deems necessary.

7. An Inspector shall forthwith report and furnish particulars of the finding of the pest on any land to the Minister.

8. Whenever, whether through the report of an Inspector or otherwise, it comes to the knowledge of the Minister that the pest exists on any land, he may serve on the owner of the land, the occupier of the land or the owner of a crop growing or grown on the land a notice (in this Order referred to as an eelworm prevention notice) requiring the person on whom it is served to do any one or more of the following things—

(a) collect from every specified part of such land any crop or part of a crop growing or grown on such land,

(b) isolate to any specified part of the land any crop or part of a crop growing or grown on the land ;

(c) remove from any specified part of the land any crop or part of a crop growing or grown on the land to such place as may be specified in such manner as may be specified ;

(d) abstain from selling, exchanging, making a gift of or otherwise parting with any crop or part of a crop growing or grown on the land save under and in accordance with a written direction given by the Minister or an Inspector ;

(e) sow the land in grass or plant on the land such alternative plants as may be specified ;

(f) abstain from moving any of the soil (whether loose or adhering to the roots of plants) of the land or any specified part of such soil save under and in accordance with a written direction given by the Minister or an Inspector ;

and the Minister may serve more than one eelworm prevention notice on the same person.

9. If any potatoes are delivered or placed on rail or loaded or moved in contravention of this Order, or a notice (including an eelworm prevention notice) or direction served hereunder, the Minister or an Inspector may seize such potatoes and may dispose of or cause to be disposed of in such manner as the Minister or the Inspector may think fit, such potatoes and any packages in which such potatoes are or have been contained, or may remove or cause to be removed any of such potatoes or packages to such place and in such manner as the Minister or the Inspector may think fit, and may serve a notice on the consignee of, or on the person in charge of, or in possession of, any of the aforesaid potatoes or packages, directing the person on whom the notice is served to dispose of such potatoes and packages within such time and in such manner as may be specified in the notice, or to remove such potatoes and packages within such time and to such place as may be specified in the notice.

10. (1) If, on the expiration of fourteen days after the service, under this Order, on a person of an eelworm prevention notice requiring the removal or disposal as specified by the person of any crop or part of a crop, such person has not complied with the notice, an Inspector may enter on the land where such crop or part of a crop then is and may do all such things as may be necessary to comply with the notice.

(2) Any expenses incurred by an Inspector under paragraph (1) of this Article in connection with a crop or part of a crop shall be paid by the owner of the crop or part of a crop, and may be recovered by the Minister in any court of competent jurisdiction as a simple contract debt.

11. For the purpose of this Order, a notice or a direction served hereunder shall be deemed to be served on any person if it is delivered to him personally, or left for him at his last known place of abode or business, or sent in a prepaid registered letter addressed to him there and a notice purporting to be signed by an Inspector shall be prima facie evidence that it was signed by him as an Inspector.

12. Any person who, whether by act or omission, fails to comply with any provision of this Order or with any notice (including an eelworm prevention notice) or with a direction, served hereunder, shall be guilty of an offence under this Order and shall be liable on summary conviction thereof to a fine not exceeding in the case of a first offence, ten pounds or, in the case of a second or any subsequent offence, twenty pounds.

13. Notwithstanding anything in this Order, a crop may be planted, moved, supplied, used or dealt with in the manner specified in a licence specially granted for that purpose by the Minister.

GIVEN under my Official Seal, this 21st day of December, 1951.

(Signed) THOMAS WALSH,

Minister for Agriculture.