S.I. No. 104/1955 - Flour and Wheatenmeal Order, 1955.

S.I. No. 104 of 1955.

FLOUR AND WHEATENMEAL ORDER, 1955.

I, WILLIAM NORTON, Minister for Industry and Commerce, in exercise of the powers conferred on me by Article 31 of the Emergency Powers Order, 1939 (S. R. & O. No. 224 of 1939), as amended by the Emergency Powers (No. 173) Order, 1942 (S. R. & O. No. 166 of 1942) (which Orders are continued in force by the Supplies and Services (Temporary Provisions) Act, 1946 (No. 22 of 1946), and the Wheat and Flour (Transfer of Ministerial Functions) Order, 1951 ( S.I. No. 284 of 1951 ), hereby order as follows :—

1. This Order may be cited as the Flour and Wheatenmeal Order 1955.

2. This Order shall come into operation on the 6th day of June, 1955.

3.—(1) In this Order—

" the Minister " means the Minister for Industry and Commerce ;

" wheatenmeal " includes wheatmeal and wholemeal derived from wheat ;

" flour " means flour derived wholly or mainly from wheat ;

" standard wheatenmeal " means wheatenmeal produced in the State by the milling of wheat in such manner that no substances are separated in the milling as wheat offals and that the wheatenmeal so produced represents 100 per cent. of the wheat from which it is derived ;

" straight-run flour " means flour produced in the State by running together all the flour streams of a milling plant which is set to produce as flour 80 per cent. of the wheat which is fed to the break rolls ;

" milling licence " means a licence granted under section 21 of the Agricultural Produce (Cereals) Act, 1933 (No. 7 of 1933) ;

" licensed mill " means a mill in respect of which a milling licence is granted ;

" milling (home-grown wheat) permit " means a permit granted under section 36 of the Agricultural Produce (Cereals) Act, 1933 (No. 7 of 1933), as amended by section 16 of the Agricultural Produce (Cereals) Act, 1934 (No. 41 of 1934) ;

" permitted mill " means a mill in respect of which a milling (home-grown wheat) permit has been granted.

(2) Each of the following mills shall be a port mill for the purposes of this Order, that is to say :—

(a) any mill situate in the area included within a circle having a radius of five miles and its centre at the principal Post Office in the City of Dublin ;

(b) any mill situate in the area included within a circle having a radius of five miles and its centre at the principal Post Office in the City of Cork ;

(c) any mill situate in the area included within a circle having a radius of five miles and its centre at the principal Post Office in the City of Limerick ;

(d) any mill situate in the area included within a circle having a radius of five miles and its centre at the principal Post Office in the City of Waterford.

and the expression " port mill " shall in this Order be construed accordingly.

(3) References in this Order to selling shall be construed as including references to agreeing or offering to sell or inviting an offer to buy.

4. Except under and in accordance with a permit granted by the Minister, no person shall, in cleaning a bulk of wheat for the purpose of milling, remove from the bulk as screenings, seeds and dust, more than two and a half per cent. of the total weight of the bulk.

5.—(1) All flour produced at a licensed mill, except flour produced at such mill under and in accordance with a permit granted by the Minister, shall be straight-run flour.

(2) All wheatenmeal produced at a licensed mill, except wheatenmeal produced at such mill under and in accordance with a permit granted by the Minister, shall be standard wheatenmeal.

(3) All flour or wheatenmeal produced at a permitted mill, except flour or wheatenmeal produced at such mill under and in accordance with a permit granted by the Minister, shall be composed of not less than ninety per cent. of the wheat from which it is produced.

(4) Every person who is the holder of a milling licence or a milling (home-grown wheat) permit in respect of a mill shall take all steps necessary for ensuring that the provisions of this Article are complied with in respect of such mill.

6.—(1) Save in accordance with a permit granted by the Minister, the price to be charged by any person, who is the holder of a milling licence in respect of a mill, for straight-run flour produced at such mill shall not exceed—

(a) in case such mill is a port mill sixty-six shillings and three pence per sack of 280 pounds (ex-mill) ;

(b) in any other case sixty-six shillings and three pence per sack of 280 pounds (ex-mill) together with the cost of freight (such cost being calculated by reference to the transport of a six-ton consignment by the cheapest mode but not exceeding two shillings per sack) from whichever one of the following ports is nearest to such mill, that is to say, Dublin, Cork, Limerick or Waterford.

(2) Save in accordance with a permit granted by the Minister, the price to be charged by any person, who is the holder of a milling licence in respect of a mill, for standard wheatenmeal produced at such mill shall not exceed—

(a) in case such mill is a port mill sixty-two shillings and nine pence per sack of 280 pounds (ex-mill) ;

(b) in any other case sixty-two shillings and nine pence per sack of 280 pounds (ex-mill) together with the cost of freight (such cost being calculated by reference to the transport of a six-ton consignment by the cheapest mode, but not exceeding two shillings per sack) from whichever one of the following ports is nearest to such mill, that is to say, Dublin, Cork, Limerick or Waterford.

(3) Whenever the holder of a milling licence in respect of a mill, which is not a port mill, sells straight-run flour or standard wheatenmeal produced at such mill, such holder shall, on the demand in writing of the purchaser, deliver to the purchaser a statement in writing setting out the amount of the price which is referable to the cost of freight mentioned in clause (b) of paragraph (1) or clause (b) of paragraph (2), as the case may be, of this Article.

7. Save under and in accordance with a permit granted by the Minister, a person who is the holder of a milling licence shall not sell any flour other than straight-run flour, and shall not sell any wheatenmeal other than standard wheatenmeal.

8. The Minister may, for the purpose of this Order, from time to time grant permits to holders of milling licences or milling (home-grown wheat) permits or to persons who use flour or wheatenmeal for the purposes of their business and may attach to any permit granted by him such conditions as he thinks proper.

9. No person who carries on any business shall, for the purposes of or in course of that business, remove by any means any part of the wheat berry from flour or wheatenmeal, or from any mixture of flour or wheatenmeal with any other commodity.

10. A person who carries on the business of manufacturing bread for sale shall not manufacture bread from an admixture of flour and bran.

11.—(1) In this Article—

" flour confectionery " means any product of flour to which sugar or other sweetening matter has been added, and, without prejudice to the generality of the foregoing, includes biscuits ;

" flour of 72% extraction " means flour produced in the State by running together all the flour streams of a milling plant which is set to produce as flour 72 per cent. of the wheat which is fed to the break rolls.

(2) Save in accordance with a permit granted by the Minister, a person shall not in the course of any business use straight-run flour or any flour other than flour of 72 per cent. extraction in the manufacture of flour confectionery.

(3) Save in accordance with a permit granted by the Minister a person shall not in the course of any business use wheatenmeal in the manufacture of flour confectionery.

(4) During the period of two weeks beginning on the commencement of this Order, the use of straight-run flour or of wheatenmeal in the manufacture of flour confectionery shall not be a contravention of this Article if it is proved that such flour or wheatenmeal was in the possession of the manufacturer before such commencement.

(5) The price to be charged by any person, who is the holder of a milling licence in respect of a mill, for flour of 72 per cent. extraction produced at that mill shall not exceed such price as may be specified by the Minister in a permit granted to that person for the production of that flour.

(6) The price to be charged by any person, who is the holder of a milling licence in respect of a mill, for standard wheatenmeal produced at that mill for use in the manufacture of flour confectionery in accordance with a permit granted by the Minister shall not exceed such price as may be specified by the Minister in a permit granted to that person for the production of wheatenmeal.

12.—(1) Where an authorised officer has reasonable grounds for believing that in any premises any flour or wheatenmeal is being produced, stored, sold or used in the manufacture of any commodity intended for sale—

(a) the authorised officer may at all reasonable times enter and inspect the premises,

(b) the authorised officer may examine any flour, wheatenmeal, or other commodity containing flour or wheatenmeal which he finds in the course of any such inspection and take samples thereof without payment.

(c) the proprietor of the premises, and any person employed by him therein, is hereby required to produce, at the request of the authorised officer, to such officer any books, documents or records which are in his power, possession or procurement and which relate to any such flour, wheatenmeal or other commodity, to permit such officer to inspect and take extracts from the books, documents or records and to give to such officer any information, which he may reasonably require, in regard to any entries in the books, documents or records.

(2) In this Article, " authorised officer " means any person appointed by the Minister to be an authorised officer for the purposes of this Article.

13. The Orders mentioned in the Schedule to this Order are hereby revoked.

SCHEDULE.

GIVEN under my Official Seal, this 2nd day of June, 1955.

WILLIAM NORTON,

Minister for Industry and Commerce.