S.I. No. 51/1925 - Dairy Produce Act, 1924 (Regulations Under Part III) Order No. 1, 1925.

DEPARTMENT OF LANDS AND AGRICULTURE.

WHEREAS it is enacted by Section 46 of the Dairy Produce Act, 1924 (No. 58 of 1924) that the Minister for Lands and Agriculture may by order make regulations in regard to any matter or thing referred to in that Act as prescribed or to be prescribed, but that no regulation shall be made in relation to the assessment or collection of fees without the consent of the Minister for Finance, and it is further enacted that any regulations made by the said Minister under that Act may relate to several matters in respect of which the power to make regulations is conferred in different sections of that Act:

AND WHEREAS it is expedient that the following regulations should have effect under the said Act:

NOW I, Patrick Hogan, Minister for Lands and Agriculture, in exercise of the power conferred upon me by the Dairy Produce Act, 1924 , and of every and any other power me in this behalf enabling, do by this my Order make the following regulations, that is to say:—

1. This Order may be cited as the Dairy Produce Act, 1924 (Regulations under Part III) Order No. 1, 1925.

2. In this Order the expression "the Act" means the Dairy Produce Act, 1924 ;

the expression "registered premises" means premises registered in any register kept in pursuance of the Act; the expression "identification mark" means the distinctive mark assigned by the Minister to every registered premises.

The Interpretation Act, 1923 (No. 46 of 1923) applies to the interpretation of this Order in like manner as it applies to the interpretation of an Act of the Oireachtas.

Sections 16 (1) (h); 18 (1) (h); 19 (d) and 27 of the Act.

4. (1) (a) All butter packed in bulk on any premises registered in the register of creameries or on any premises registered in the register of manufacturing exporters shall be packed only in packages (hereinafter styled standard packages) of the following kinds, viz.:—casks to contain 112 lb., kegs to contain 56 lb., and boxes to contain 56 lb., 28 lb., and 14 lb., respectively, constructed in accordance with the specifications shown in the First Schedule hereto.

(b) Standard packages shall be so lined with vegetable parchment paper of the quality and prepared for use in the manner set out in the Second Schedule hereto that, when packed, the butter shall not in any place be directly in contact with the wood of which the package is constructed.

(c) All butter packed in standard packages shall be firmly and closely packed in such manner that when removed from the package the butter will present a smooth appearance free from holes and wrinkles.

(d) Standard packages which have previously been used for any purpose shall not be used for the packing of butter for export.

(2) All butter packed in bulk on premises registered in the register of butter factories, save butter packed in tins, shall be packed in casks, kegs or boxes constructed of timber which is well seasoned, clean, dry and free from bark, wane and feather and large knots.

(3) All butter consigned in bulk from premises registered in the register of non-manufacturing exporters, save butter obtained from registered premises, shall be packed in casks, kegs, boxes or firkins made of timber which is well seasoned, clean, dry and free from bark, wane and feather and large knots.

(4) All such casks, kegs, boxes and firkins shall be so lined with vegetable parchment paper of the quality and prepared for use in the manner set out in the Second Schedule hereto that, when packed, the butter shall not in any place be in direct contact with the wood of which the package is constructed, and shall be of such dimensions that when the butter is firmly and closely packed therein any movement of the contents in transit is prevented.

(5) All butter packed in bricks or rolls on registered premises shall be cleanly moulded in such bricks or rolls, and each such brick or roll, except "French" or "Normandy" two-pound rolls, shall be wrapped in parchment paper of the quality set out in the Second Schedule hereto, and the bricks and rolls and cartons used (if any) shall be packed in non-odorous and waterproof fibreboard packages or in wooden packages made of timber which is well seasoned, clean, dry, free from bark, wane and feather and large knots, and so constructed as to prevent any movement of the contents in transit.

Sections 16 (1) (g); 18 (1) (g); 19 (c); 20 (c); 27 and 29 of the Act.

5. (1) All packages containing butter for export shall show in the manner hereinafter specified:

(a) the weight of the butter contained in the package expressed in pounds;

(b) the identification mark assigned to the premises in which the butter was packed, and, in addition, if not exported direct from such premises, the identification mark of the premises from which it was exported;

(c) such of the following particulars as are applicable:—

(i) the words "Irish Free State Creamery Butter" in the case of butter packed on premises registered in the register of creameries or comprised in a subsisting licence granted under Section 42 of the Act;

(ii) the words "Irish Free State Butter" in the case of butter packed on premises registered in the register of manufacturing exporters and not comprised in a subsisting licence granted under Section 42 of the Act;

(iii) the words "Irish Free State Butter" with the word "Factory" placed immediately in front of the identification mark in the case of butter packed on premises registered in the register of butter factories;

(iv) the words "Irish Free State Farmers' Butter" in the case of butter obtained otherwise than from premises registered under the Act exported from premises registered in the register of non-manufacturing exporters, save in the case of butter containing water in excess of 16 per cent. or butter unfit for table use, when the packages shall be marked as hereinafter specified.

(2) The vegetable parchment paper used for lining the head of packages shall be marked with the identification mark assigned to the premises on which the butter was packed.

(3) The vegetable parchment paper and the cartons (if any) used for wrapping bricks or rolls on premises registered in

(i) the register of creameries or comprised in a subsisting licence granted under Section 42 of the Act;

(ii) the register of manufacturing exporters and not comprised in a subsisting licence granted under Section 42 of the Act;

(iii) the register of butter factories; and

(iv) the register of non-manufacturing exporters, shall be marked with the words prescribed in clauses (i), (ii), (iii) and (iv), respectively, of paragraph (c) of Sub-section (1) of this Regulation for use on packages packed on such premises.

(4) All the appropriate marks prescribed under Sub-section (1) of this Regulation shall be inscribed on the outside of one side of any box used as a package and on the outside of one stave or two or more adjoining staves of any cask, keg or firkin in the manner indicated in the design shown in the Third Schedule hereto, and no mark or no part of a mark shall be obscured or obliterated by any hoop, label or otherwise.

(5) (a) The marks prescribed for packages shall, unless otherwise provided, be made in capital block letters and figures of the following dimensions, that is to say:—

(i) in the case of 56 lb. and 28 lb. boxes—three-quarter inch high;

(ii) in the case of 14 lb. boxes—one-half inch high;

(iii) in the case of casks, kegs and firkins—one-half inch high;

(iv) in the case of boxes used for packing bricks or rolls—not less than three-quarter inch high,

and shall be plainly inscribed thereon by printing or burning in a dark-brown colour, save that in the case of packages containing butter described as "Irish Free State Farmers' Butter," the marks may be inscribed by stencilling.

(b) The marks prescribed for use on vegetable parchment paper shall be plainly printed in capital block letters and figures of the following dimensions, that is to say:—

(i) in the case of parchment paper used for lining packages—not less than three-quarter inch high;

(ii) in the case of parchment paper used for wrapping bricks or rolls—not less than one-quarter inch high.

Sections 20 (b) and 28 of the Act.

6. Butter exported or consigned for export from premises registered in the register of non-manufacturing exporters shall, before it leaves the premises, be examined and classified as follows:—

(a) In the case of butter obtained directly or indirectly from registered premises a sufficient number of packages may be opened and the contents examined for quality and tested for water content.

(b) Packages containing butter obtained otherwise than directly or indirectly from registered premises shall be opened and the contents examined for quality and tested for water content and shall, after examination, be classified according to the quality of the butter and marked on the outside with the marks, if any, customarily used by the registered proprietor to indicate the different grades of butter exported from his premises.

(c) The marks customarily used by the registered proprietor to indicate the different grades of butter exported from his premises shall be notified to the Minister in the form set out in the Fourth Schedule hereto.

(d) Butter of such inferior quality as to be unfit for table use shall not be exported save in packages clearly and conspicuously marked by printing or branding thereon in capital block letters at least one inch in height the words "Butter not for table use."

Sections 16 (1) (e); 18 (1) (e) and l9 (b) of the Act.

7. Butter containing water in excess of sixteen per cent., consigned to a butter factory in Saorstát Eireann from premises registered in the register of creameries, or from premises registered in the register of manufacturing exporters, or from premises registered in the register of butter factories, shall be packed only in bulk and consigned in packages on which the words "butter containing water in excess of sixteen per cent." and the identification mark of the premises from which such butter was consigned are printed or branded in a conspicuous place in capital block letters and figures at least one inch in height.

Section 20 (a) of the Act.

8. (1) Butter containing more than twenty per cent. of water shall not be exported.

(2) Within a period of three years from the first day of January, 1926, butter containing more than sixteen per cent. but not more than twenty per cent. of water may be exported from premises registered in the register of non-manufacturing exporters, subject to and in accordance with the provisions of the Sale of Food and Drugs Acts, 1875 to 1907, and the following conditions:—

(a) the butter shall have been manufactured and packed in bulk for export at a farm dairy in Saorstát Eireann, and shall not have been removed, prior to export, from the packages in which it was so packed, except temporarily for examination;

(b) packages containing the butter shall be plainly marked in a conspicuous place with the words "butter containing between sixteen and twenty per cent. of water," and with the identification mark assigned to the premises printed or branded in capital block letters and figures at least one inch in height;

(c) the butter shall be offered for sale and invoiced to the purchaser as butter containing between sixteen and twenty per cent. of water.

Sections 16 (1) (d) and 18 (1) (d) of the Act.

9. All dairy salt used in the manufacture of dairy produce on premises registered in the register of creameries or the register of manufacturing exporters shall comply with the following conditions, that is to say:—

(a) the salt shall contain not less than 99.5 per cent. of Sodium Chloride (NaCl.), and shall not contain more than the undermentioned amounts of the substances named:—

(b) the salt shall be so fine in grain that 80 per cent. shall be capable of being sifted through a sieve of 40 mesh, that is one having 1,600 holes per square inch;

(c) when three ounces of the salt are mixed with an equal quantity of pure water in a clear glass cylinder and the undissolved salt allowed to settle, there shall not be any dirty sediment appearing on the surface of the undissolved salt.

Sections 16 (1) (b); 16 (1) (c); 18 (1) (b), and 18 (1) (c) of the Act.

10. The particulars to be notified to the Minister relative to persons employed as managers, butter-makers and milk and cream testers, on premises registered in the register of creameries or on premises registered in the register of manufacturing exporters, shall be particulars as to the dates of appointment, the training and previous experience and any certificates of training or competence held by such persons, and shall be furnished in the form set out in the Fifth Schedule hereto.

Section 21 (1) of the Act.

11. (1) Every application for the registration of any premises under the Act shall be made in the form set forth in the Sixth Schedule hereto.

(2) Every application for the alteration or cancellation of any such registration as aforesaid shall be made in the form set forth in the Seventh Schedule hereto.

Miscellaneous.

12. (1) The annual fee payable under sub-section (3) of Section 34 of the Act shall be one penny on each complete twenty-eight pounds of butter exported.

(2) For the purpose of ascertaing the amount of such annual fee the quantity of butter exported from any registered premises shall be ascertained in all or any of the following ways, that is to say:—from the returns to be made by the registered proprietor under sub-section (7) of Section 34 of the Act, from the inspection of the register to be kept on the registered premises in accordance with Section 26 of the Act, or from such other sources of information as the Minister may from time to time deem necessary.

(3) The registered proprietor of every registered premises shall make a return each month in the form prescribed in the Eighth Schedule hereto, and shall forward such return to the Minister at his office in Dublin within seven days after the expiration of the period to which the return relates.

13. (a) The prescribed fee for the purpose of paragraph (a) of sub-section (4) of Section 24 of the Act shall be one shilling.

(b) The prescribed fee for the purpose of paragraph (b) of sub-section (4) of Section 24 of the Act shall be sixpence for each folio of the copy.

(c) The prescribed fee for the purpose of paragraph (c) of sub-section (4) of Section 24 of the Act shall be two shillings and sixpence for each certificate.

14. The register to be kept in accordance with Section 26 of the Act by the registered proprietor of any registered premises shall show clearly and in a convenient form the following particulars in respect of each consignment of butter despatched from such premises:—

(a) the date of despatch;

(b) quantity despatched to destinations in Saorstát Eireann;

(c) quantity despatched to destinations outside Saorstát Eireann;

(d) name and address of consignee;

(e) station from which consigned and station or port through which exported, together with the names of the railway and shipping companies concerned;

(f) the number and description of the packages in the consignment.

Given under my Seal of Office this Sixth day of

October, 1925.

(Signed), P. HOGAN,

Minister for Lands and Agriculture.

I consent to the foregoing Order and Regulations so far as the same relate to the assessment or collection of fees.

(Signed), EARNAN DE BLAGHD,

Minister for Finance.

FIRST SCHEDULE.

I. SPECIFICATION FOR STANDARD 112 LB. CASK.

Cask to be made of best beechwood thoroughly seasoned or kiln dried.

Internal Dimensions.

Diameter: 13³/₈ inches at head and bottom, and 15¾ inches at bulge. Distance from the upper surface of bottom to the lower surface of head: 19⁵/₈ inches, subject to a tolerance of ¹/₈ inch in any dimension to cover all allowances for errors in cutting the timber and making up the cask.

Hoops.

Eight 6-feet "half-hoops," made of white willow peeled, to be used on each cask. The use of twigged or notched hoops is optional.

Heads and Bottoms.

Head and bottom to be made of two or three pieces cut ½ inch thick with ⁷/₁₆ inch finish; the pieces forming the head and bottom respectively to be well dowelled together; corrugated fasteners must not be used.

Fitting of Heads and Bottoms.

The heads and bottoms must fit properly into the crozes so that when the casks are filled the heads or bottoms will not come loose in transit.

Weight of Finished Cask.

The weight of the finished cask to be not less than 13 lb.

II. Specification for Standard 56 LB. KEG.

Keg to be made of best beechwood thoroughly seasoned or kiln dried.

Internal Dimensions.

Diameter: 11¹/₄ inches at head and bottom, and 12¹/₄ inches at bulge; distance from the upper surface of bottom to the under surface of the head—15¾ inches subject to a tolerance of ¹/₁₆ inch in any dimension to cover all allowances for errors in cutting the timber and making up the keg.

Hoops.

Eight hoops made of white willow peeled to be used on each keg. The use of twigged or notched hoops is optional.

Heads and Bottoms.

The heads and bottoms to be made of two pieces each well dowelled together—corrugated fasteners must not be used.

Fitting of Heads and Bottoms.

The heads and bottoms must fit properly into the crozes so that when the kegs are filled the heads or bottoms will not come loose in transit.

Weight of Finished Keg.

The weight of the finished keg to be not less than 7 lb.

III. Specification for Standard 56 lb. Pyramid Butter Box.

Timber.

Well-seasoned wood as free as possible from odour, resin and knots, planed smooth, and with edges either planed or cut with a fine saw.

Thickness of Material.

⁹/₁₆ inch full.

Number of Pieces in Box.

Sides, ends, bottom and lid to be made up of two pieces each, tongued and grooved.

Break.

To be not less than 2⁷/₈ inches (inclusive of the tongue or groove.

Nails.

Cement-coated steel wire nails of the undermentioned numbers, lengths and gauge to be used:—

Number of nails attaching side to end of box, not less than 7; length of nail not less than 2¼ inches; gauge, 13.

Number of nails in bottom, 12; length of nail, 1½ inches; gauge, 13.

Number of nails in lid, 8; length of nail, 1½ inches; gauge, 13.

Lid.

Lid to cover box exactly without projecting over sides or end

Internal Dimensions.

subject to a tolerance of ¹/₁₆ inch in any dimension to cover all allowances for errors in cutting the timber.

IV. SPECIFICATION FOR STANDARD 28 LB. PYRAMID BUTTER BOX.

Timber.

Well-seasoned wood as free as possible from odour, resin and knots, planed smooth on both sides and edges.

Thickness of Material.

Number of Pieces in Box.

Each side and end to be in one piece; bottom and lid to be made of two pieces each, tongued and grooved.

Internal Dimensions.

subject to a tolerance of ¹/₁₆ inch in any dimension to cover all allowances for errors in cutting the timber.

Nails.

Cement-coated steel wire nails of the undermentioned numbers, lengths and gauge to be used:—

Number of nails attaching sides to end of box, 5; length of nails, not less than 1½ inches; gauge, 13 or 14.

Number of nails in bottom, 10; length, 1½ inches; gauge, 13 or 14.

Number of nails in lid, 8; length, 1½ inches; gauge, 13 or 14.

V. Specification for Standard 14 lb. Pyramid Butter Box.

Timber.

Well-seasoned wood as free as possible from odour, resin and knots, planed smooth on both sides and edges.

Thickness of Material.

Number of Pieces in Box.

Sides, ends, bottom and lid to be made of one piece each.

Internal Dimensions.

subject to a tolerance of ¹/₁₆ inch in any dimension to cover all allowances for errors in cutting the timber.

Nails.

Cement-coated steel wire nails of the under-mentioned numbers, length and gauge to be used:—

Number of nails attaching sides to end of box, 4; length of nails, not less than 1½ inches; gauge, 13 or 14.

Number of nails in bottom, 8; length, 1¼ inches; gauge, 13 or 14,.

Number of nails in lid, 8: length, 1¼ inches; gauge, 13 or 14.

SECOND SCHEDULE.

The Vegetable Parchment Paper to be used for lining and wrapping shall be white in colour, and free from any weighting material such as gums or sugars, etc. The texture shall be even and free from blotches, pin-holes, particles of metal and untreated material, and shall be such that, when torn, there shall be no appearance of fibres on the torn edges.

Weight.

For lining bulk packages, the vegetable parchment paper should weigh not less than 25 lb. per ream of 480 sheets, measuring 30 x 20 inches each.

For wrapping rolls, bricks and prints, the vegetable parchment paper should weigh not less than 18 lb. per ream of 480 sheets, measuring 30 x 20 inches.

Preparation of Vegetable Parchment Paper.

The parchment paper cut to the requisite sizes must, the night before it is to be used, be placed in a strong wooden tub or other approved vessel free from odour, containing a saturated boiling solution of salt brine with some excess salt in the bottom of the tub or other vessel and be allowed to remain in the brine overnight.

The parchment paper should not be crushed when placing it in the brine, but should be rolled up so that it will present a smooth appearance when taken out. The packages should be carefully lined with the parchment paper so as to avoid wrinkles and bare spaces.

THIRD SCHEDULE.

I. Design to indicate the manner in which the prescribed marks should be placed on packages packed on premises registered in the register of creameries or comprised in a subsisting licence granted under Section 42 of the Act.

A—Stave of standard cask or keg.

B—Side of standard box.

C—Side of package containing butter packed in bricks or rolls.

II. Design to indicate the manner in which the prescribed marks should be placed on packages packed on premises registered in the register of manufacturing exporters and not comprised in a subsisting licence granted under Section 42 of the Act.

A—Stave of standard cask or keg.

B—Side of standard box.

C—Side of package containing butter packed in bricks or rolls.

III. Design to indicate the manner in which the prescribed marks should be placed on packages packed on premises registered in the register of butter factories.

A—Stave of cask or keg

B—Side of box containing butter packed in bulk.

C—Side of package containing butter packed in bricks or rolls.

IV. Design to indicate the manner in which the prescribed marks should be placed on packages packed on premises registered in the register of non-manufacturing exporters.

A—Stave of cask, keg or firkin.

B—Side of box containing butter packed in bulk.

C—Side of box containing butter packed in bricks or rolls.

FOURTH SCHEDULE.

Dairy Produce Act, 1924 .

Notification by non-manufacturing exporters of the marks used by them on packages to indicate the quality of butter contained therein.

The following are the brands or marks used by me (us) to indicate the different qualities of butter consigned from the registered premises at............................................................ ................County..........................

(1) *Best quality ............................................................ ............................................................ ...

(2) *Second quality ............................................................ ............................................................ .

(3) *Third quality ............................................................ ...........................................................

To the Minister for Lands and Agriculture,

Government Buildings, Dublin.

*If the marks customarily used are in the form of distinctive designs, such as flowers, etc, an imprint of the marks should be enclosed with this form.

† State whether Proprietor, Manager, etc.

FIFTH SCHEDULE.

DAIRY PRODUCE ACT, 1924 .

Notification by proprietor of registered premises of particulars relative to managers, buttermakers or milk or creamtesters.

Description of Premises............................................................ .............................................

situated at ............................................................ .......................................................

Identification Mark............................................................ ...............

This is to notify that

M............................................................ ....................... has been appointed to the position of........................................... as from the........ day of ......................................................,19..., at the premises above-mentioned.

The following are particulars of the training received and certificates obtained by him (her) and of his (her) previous employment:—

(1) Training ............................................................ ......................................................

............................................................ ............................................................ .......

(2) Certificates of Qualification............................................................ .............................

............................................................ ............................................................ ......

(3) Previous Employment............................................................ ....................................

............................................................ ............................................................ .......

To the Minister for Lands and Agriculture,

Government Buildings, Dublin.

*State whether Proprietor, Manager, Chairman of Committee, etc.

SIXTH SCHEDULE.

FORM OF APPLICATION FOR REGISTRATION OF PREMISES IN ONE OF THE REGISTERS KEPT UNDER THE DAIRY PRODUCE ACT, 1924 .

I/We (a) ............................................................ ............................................................ ....

hereby apply to have the under-mentioned premises (b) at which I (we) intend to carry on the business of............................................................ ............................................................ .................

registered in the register of ............................................................ ..........................................

I (we) enclose (c)..........................................for (d) £............................................................ ..

being amount of fee and deposit.

I (we) hereby certify that the under-mentioned particulars are true to the best of my (our) knowledge and belief.

To

The Minister for Lands and Agriculture,

Government Buildings,

Dublin.

DESCRIPTION AND SITUATION OF PREMISES, INCLUDING THE LIMITS AND EXTENT THEREOF.

Least quantity of butter produced on the premises on any day in the preceding calendar year (ended 31st December, 19....) on which the business of making, blending or re-working butter was carried on....................pounds.

Least quantity of milk received on the premises on any day in the said year on which the business of separating cream from milk was carried on............pounds...... gals.

(a) If a Company within the meaning of the Companies (Consolidation) Act, 1908, the full description should be given, together with the name of the Secretary. If not such a company, the full name(s) of the proprietors(s) whould be given.

(b) If it is desired to have more than one premises registered, seperate application must be made in respect of each.

(c) Insert cheque, M.O., etc.

(d) Insert amount.

(e) To be signed by a director or secretary in the case of a Company with in the meaning of the Companies (Consolidation) Act, 1908; if not such a company, to be signed by the proprietor or proprietors of the business concerned.

(f) If not a company within the meaning of the Companies (Consolidation) Act, 1908, the full names and addresses of the proprietors must be given.

SEVENTH SCHEDULE.

DAIRY PRODUCE ACT, 1924 .

Form of application for alteration or cancellation of the registration of premises

I (we) (a)............................................................ ............................................................ ............

of ............................................................ ............................................................ ............

hereby make application for the alteration (cancellation) (b) of the registration of the premises numbered........................... in the Register of ............................................................ ............................................................ ................

as follows (c) ............................................................ ........................................................

for the reason that (d)............................................................ .............................................

............................................................ ............................................................ ................

............................................................ ............................................................ ................

(a) Insert full name of Registered Proprietor, personal representative or liquidator, as case may be.

(b) Strike out whichever is inapplicable.

(c) If application is for alteration of registration, state nature of alteration desired.

(d) State reason for alteration or cancellation, as case may be.

(e) State whether registered proprietor, personal representative or liquidator.

EIGHTH SCHEDULE.

DAIRY PRODUCE ACT, 1924 .

Monthly return to be made by the registered proprietor of premises registered in the register of creameries, the register of manufacturing exporters, the register of butter factories or the register of non-manufacturing exporters.

Premises Registered in the Register of............................................................ .............

Identification Mark ............................................................ .......................................

Name of registered proprietor............................................................ .........................

............................................................ ............................................................ .......

Address of registered premises............................................................ .......................

Return relative to butter produced and butter exported or consigned for export from the above-mentioned registered premises during the month of................................................

Butter produced....................cwts.

Butter exported or consigned for export....................cwts.

To the Minister for Lands and Agriculture.

Government Buildings, Dublin.

(This return should be posted so as to reach the Office of the Minister not later than seven days following the end of the month to which it relates.)