S.I. No. 188/1965 - Hop Plant Diseases Order, 1965.

S.I. No. 188 of 1965.

HOP PLANT DISEASES ORDER, 1965.

I, CHARLES J. HAUGHEY, Minister for Agriculture and Fisheries, in exercise of the powers conferred on me by section 3 of the Destructive Insects and Pests (Consolidation) Act, 1958 (No. 11 of 1958), for the purposes of preventing the spreading in the State of certain diseases of the hop plant, namely downy mildew disease and progressive wilt disease, hereby order as follows:

1.—(1) This Order may be cited as the Hop Plant Diseases Order, 1965.

(2) This Order shall come into operation on the 1st day of September, 1965.

2. In this Order—

"downy mildew disease" means the disease of the hop plant caused by the organism Pseudoperonospora humuli (Miy. et Tak.) Wilson;

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

"the Minister" means the Minister for Agriculture and Fisheries;

"progressive wilt disease" means the disease of the hop plant caused by the organism Verticillium alboatrum Reinke et Berth.

3. The owner or occupier of any land or the servant or the agent of such owner shall, if he finds that any hop plant present on such land is infected with downy mildew disease or progressive wilt disease or suspects that any such hop plant is so infected, forthwith notify the Minister of the fact.

4. No person shall sell, offer for sale or distribute in any manner, for planting any hop plant or part of a hop plant on which downy mildew disease or progressive wilt disease exists.

5.—(1) An Inspector may, upon production, if so required, of his appointment or authority, enter upon any land for the purpose of ascertaining whether downy mildew disease or progressive wilt disease exists on any hop plant thereon and if either or both such diseases do exist, the extent to which they exist, and may mark any hop plant infected with either or both such diseases and may make all such inquiries and examinations (including the taking of samples) as he deems necessary.

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

6. An Inspector shall forthwith report and furnish particulars of the finding of downy mildew disease or progressive wilt disease on any hop plant to the Minister.

7.—(1) Whenever, whether through the report of an Inspector or otherwise, it comes to the knowledge of the Minister that downy mildew disease or progressive wilt disease exists on any hop plant, he may serve on the owner or the occupier of the land on which the infected hop plant is present a notice (in this Order referred to as a hop plant diseases prevention notice) requiring the person on whom it is served to do any one or more of the following:—

(a) grub up and destroy by fire on the said land the whole of any hop plant specified in the notice,

(b) cut off or detach and destroy by fire on the said land a specified part of any hop plant mentioned in the notice,

(c) treat in such manner as may be specified in the notice the whole or any specified part of any hop plant mentioned in the notice,

(d) abstain from removing or permitting to be removed from the said land any hop plant, fruit or part of any hop plant except under and in accordance with a written direction given by the Minister or an Inspector,

(e) take such other steps for the prevention of the spread of downy mildew disease and or progressive wilt disease as may be reasonably necessary and are prescribed by the notice.

(2) The Minister may serve more than one hop plant diseases prevention notice on the same person.

(3) A hop plant diseases prevention notice may at any time be amended, modified or withdrawn by a further notice.

8. If a hop plant, part of a hop plant, or fruit of a hop plant is moved, sold, used or dealt with in contravention of this Order or a notice (including a hop plant diseases prevention notice) or direction served hereunder, the Minister or an Inspector may seize the hop plant, part of a hop plant or fruit and may dispose of or cause to be disposed of in such manner as the Minister or Inspector may think fit, the hop plant, part of a hop plant or fruit, or any package in which such hop plant, part of a hop plant or fruit is or has been contained, or may remove or cause to be removed to such place and in such manner as the Minister or the Inspector may think fit, the hop plant, part of a hopplant, fruit or any such package and may serve a notice on the consignee of, or on the person in charge of, or in possession of, the hop plant, part of the hop plant, fruit or any such package, directing the person on whom the notice is served to dispose of the hop plant, part of a hop plant, fruit or package within such time and in such manner as may be specified in the notice or to remove the hop plant, part of a hop plant, fruit or package within such time and to such place as may be specified in the notice.

9. If on the expiration of fourteen days after the service on a person of a notice under this Order such person has failed to comply with the requirements of the notice, an Inspector may enter on the land referred to in the notice and may do all such things as may be necessary to comply with the notice.

10. 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.

11. Any person who, whether by act or omission, fails to comply with any provision of this Order or with any 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.

12. Notwithstanding anything in this Order, a hop plant infected with downy mildew disease and or progressive wilt disease or a part of any such hop plant or the fruit of any such hop plant may be dealt with in the manner specified in a licence specially granted for that purpose by the Minister.

GIVEN under my Official Seal, this 23rd day of August, 1965.

CHARLES J. HAUGHEY,

Minister for Agriculture and Fisheries.

EXPLANATORY NOTE.

This Order requires the existence or suspected existence of downy mildew disease and progressive wilt disease in hop plants to be notified to the Minister for Agriculture and Fisheries and gives the Minister certain powers with a view to preventing spread of the diseases.