Creamery Act, 1928

Liability to pay for new milk supplies.

2.—(1) Where a creamery or a company owning a creamery was (whether before or after the passing of this Act) acquired with moneys provided by the Oireachtas, every person carrying on a creamery who obtains (whether before or after the passing of this Act) a supply of milk (in this Act referred to as a new milk supply) from a person who supplied milk to such creamery at any time after the 22nd day of February, 1927, shall, unless he obtained such new milk supply under an Agreement with the Company in the form set out in the First Schedule to this Act or the form set out in the Second Schedule to this Act, be liable to pay in accordance with this Act to the Company a principal sum calculated in the manner hereinafter specified with interest at the rate and from the date hereinafter mentioned.

(2) The principal sum payable in respect of a new milk supply by any person to the Company under this section shall be ascertained and certified by the Department in accordance with the following provisions, that is to say:—

(a) the Department shall in respect of such person select and appoint the year in which the selection is made or some earlier year not being prior in any case to the year 1927;

(b) the Department shall ascertain the day in the year so appointed on which such person received the largest quantity (in this Act referred to as the peak day quantity) of milk on foot of the said new milk supply but such day shall not be a day following one on which such person was not open to receive milk supplies;

(c) the Department shall appoint the day (in this Act referred to as the transfer day) on which such new milk supply was transferred from the said creamery to the said person and such day shall normally be the day on which such new milk supply was first received by such person, but the Department may in any particular case appoint any earlier day not more than six months prior to the said day on which such new milk supply was first so received;

(d) the said principal sum payable by such person to the Company shall be calculated by the Department at the rate of one pound for every complete gallon of milk in the peak day quantity;

(e) the interest payable by such person to the Company shall be interest on the said principal sum at the rate of five and one-half per cent. per annum from the transfer day;

(f) the Department shall issue to the Company a certificate (in this Act referred to as a certificate of liability) in respect of such person certifying the amount of the said principal sum payable by such person to the Company under this section and the rate at and date from which interest on such principal sum is payable under this section by such person to the Company.

(3) Every certificate of liability issued by the Department under this section shall be conclusive evidence of all matters purported to be certified therein.