Dairy Produce Act, 1924

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PART II.

EXPORT OF BUTTER.

Export of butter.

9.—(1) Subject to the exceptions mentioned in this section, all butter exported from Saorstát Eireann shall be exported only from premises registered in the register of creameries, or the register of manufacturing exporters, or the register of butter factories, or the register of non-manufacturing exporters and shall comply with the following conditions, that is to say:—

(a) the butter shall have been packed for export in accordance with the provisions of this Act and any regulations made thereunder, and

(b) the butter and also the package containing the butter and any wrapper in which the butter is packed shall be marked with the marks (if any) prescribed by regulations made under this Act, and

(c) if the national mark to be established under Part IV of this Act is applied to the butter or the package in which it is contained or any wrapper in which it is packed, the provisions of this Act and any regulations made thereunder in relation to such national mark shall be complied with, and

(d) if exported from premises registered in the register of creameries or the register of manufacturing exporters the butter—

(i) shall have been packed in those premises and shall not have been removed from the package and wrapper (if any) in which it was so packed, and

(ii) shall be clean and shall not contain water in excess of sixteen per cent, nor any noxious colouring matter nor any preservative other than salt of a prescribed description, and

(iii) shall be exported direct from the premises aforesaid by the registered proprietor of those premises, and

(e) if exported from premises registered in the register of butter factories the butter—

(i) shall not, prior to export, be removed from the package or any wrapper in which it was contained when it left the premises, and

(ii) shall be clean and shall not contain water in excess of sixteen per cent., and

(iii) shall be exported direct from the premises aforesaid by the registered proprietor of those premises, and

(f) if exported from premises registered in the register of non-manufacturing exporters, the butter—

(i) shall not, prior to export, be removed from the package or any wrapper in which it was contained when it left the premises, and

(ii) shall be clean and, if and when so prescribed, shall not contain water in excess of sixteen per cent., and

(iii) shall be exported direct from the premises aforesaid by the registered proprietor of those premises.

(2) Every person who shall export or attempt to export any butter which does not comply with all the conditions prescribed by the foregoing sub-section shall be guilty of an offence under this section.

(3) Every person who shall carry by land or sea for reward any butter which is being or is intended to be exported in contravention of this section shall, if such carrying is done in the course or for the purpose of the exportation of such butter, be guilty of an offence under this section unless such person proves that he did not know and could not reasonably have known that such butter was being exported in contravention of this section.

(4) Every person guilty of an offence under this section shall be liable on summary conviction thereof, in the case of a first offence to a fine not exceeding twenty pounds, and in the case of a second or any subsequent offence to a fine not exceeding fifty pounds or, at the discretion of the court, to imprisonment for any term not exceeding six months or to both such fine and imprisonment.

(5) This section shall not apply to any butter exported—

(a) by means of the parcel post, or

(b) in any consignment the total gross weight of which does not exceed the maximum weight for the time being allowed to be sent by the parcel post, or

(c) under and in accordance with an exportation licence granted under this Act, or

(d) in a package consigned and forwarded through Saorstát Eireann from any place outside Saorstát Eireann to any other such place but not otherwise dealt with in Saorstát Eireann.