S.I. No. 358/1946 - Importation of Strawberry Plants and Blackcurrant and Gooseberry Bushes Order, 1946.

STATUTORY RULES AND ORDERS. 1946. No. 358.

IMPORTATION OF STRAWBERRY PLANTS AND BLACKCURRANT AND GOOSEBERRY BUSHES ORDER, 1946.

I, SÉAMAS O RIAIN, 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), for the purpose of preventing the introduction into or the spreading in the State of virus or other diseases of strawberry plants and blackcurrant and gooseberry bushes, hereby order as follows :—

1. (1) This Order may be cited as the Importation of Strawberry Plants and Blackcurrant and Gooseberry Bushes Order, 1946.

(2) This Order shall come into operation on the 2nd day of December, 1946.

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

3. (1) In this Order—

the expression " the Minister " means the Minister for Agriculture ; the word " plant " means a strawberry plant and includes runners or any other parts of a strawberry plant for planting ; the word " bush " means a blackcurrant or gooseberry bush and includes a cutting, stock, seedling, or any other part of a bush except the fruit ; the word " inspector " means a person authorised in writing by the Minister to exercise the powers conferred on an inspector by this Order ; the word " importer " means any person by whom or on whose order or request plants or bushes are imported.

(2) Reference in this Order to the person in charge of plants or bushes shall be construed as referring to the person in whose custody such plants or bushes are, whether as importer, carrier, warehouseman or otherwise.

4. (1) It shall not be lawful to import plants or bushes unless such plants or bushes are imported under and in accordance with a licence granted under this Article.

(2) The Minister may at his discretion grant licences for the purposes of this Article.

(3) The Minister may at any time revoke a licence granted under this Article.

(4) The Minister may attach to a licence granted under this Article in respect of any plants or bushes such conditions as he thinks proper.

5. (1) Whenever any plants or bushes are imported in contravention of this Order, they shall, unless their disposal in some other manneris authorised by licence granted under this Article, be destroyed forthwith either by and at the expense of the importer or, if the Minister so directs, by some other person specified by the Minister.

(2) Whenever any plants or bushes are required by paragraph (1) of this Article to be destroyed forthwith by an importer and they are not so destroyed, the importer shall be guilty of an offence against this Order.

(3) Whenever any plants or bushes are imported in contravention of this Order and a licence under this Article has been granted in relation to them, it shall not be lawful to dispose of the plants or bushes otherwise than in accordance with the licence, and, if they are disposed of otherwise than in accordance with the licence, the importer shall be guilty of an offence against this Order.

(4) The Minister may, at his discretion, grant licences for the purposes of this Article.

(5) The Minister may at any time revoke a licence granted under this Article.

6. (1) It shall not be lawful for any person to sell any plants or bushes imported in contravention of this Order or, save in accordance with this Order or under a licence granted under Article 5 of this Order, to dispose otherwise of such plants or bushes.

(2) If any person acts in contravention of this Article he shall be guilty of an offence against this Order.

7. (1) Any officer of Customs and Excise, member of the Gárda Síochána or inspector may require any person who is or has been in charge of any imported plants or bushes to give his name and address and to give all information in his possession or procurement which would enable such officer, member or inspector to determine whether the plants or bushes had been imported or disposed of in contravention of this Order and to determine by what person (if any) this Order may have been contravened in respect of the plants or bushes.

(2) If any person who has been required to give his name and address or any information under paragraph (1) of this Article refuses or neglects to give such name and address or information or gives a false or misleading name and address or false or misleading information, he shall be guilty of an offence against this Order.

8. Any officer of Customs and Excise, member of the Gárda Síochána or inspector, upon production, if so required, of his appointment or authority, may, for the purpose of enforcing this Order, or of detecting any violation of the provisions thereof, enter any land or premises, any railway truck or wagon, any ship, boat or other vessel or craft, any aircraft, or any place where ships, boats or other vessels or crafts or aircraft are loaded or unloaded and examine and take samples of any plants or bushes therein, and open any packages suspected by him of containing plants or bushes.

9. If any person impedes or obstructs an officer of Customs and Excise, a member of the Gárda Síiochána or an inspector in the exercise of the powers conferred on such officer, member or inspector by this Order, such person shall be guilty of an offence against this Order.

10. A person guilty of an offence against this Order shall be liable on summary conviction thereof, in the case of a first offence, to a fine not exceeding ten pounds, and in the case of a second or any subsequent offence, to a fine not exceeding twenty pounds.

11. A licence under this Order obtained by means of any statement which is false or misleading in any material respect shall be invalid.

12. The American Gooseberry Mildew and Black Currant Mite (Ireland) Order, 1912, is hereby revoked.

GIVEN under my Official Seal this 28th day of November, 1946.

(Signed) SÉAMAS O RIAIN,

Minister for Agriculture.