S.I. No. 25/1928 - Butter Exporting (Examination) Order, 1928.

SAORSTÁT EIREANN. STATUTORY RULES AND ORDERS. 1928. No. 25.

BUTTER EXPORTING (EXAMINATION) ORDER, 1928.

WHEREAS Part II. of the Dairy Produce Act, 1924 (No. 58 of 1924), came into operation on the 1st day of March, 1927, by virtue of an order entitled the Dairy Produce Act, 1924 (Commencement) Order No. 3, 1927, made on the 2nd day of February, 1927, by the Minister for Lands and Agriculture under Section 1 of that Act.

AND WHEREAS it is enacted by sub-section (1) of Section II of the said Dairy Produce Act, 1924 , that the Minister for Lands and Agriculture may, if and whenever he is satisfied that such order is necessary or expedient in the interests of the butter industry in Saorstát Eireann, by Order (in the said Section referred to as an Examination Order) require that all or any particular class of butter proposed to be exported, or all or any butter proposed to be exported from any particular premises or class of premises, or any particular consignment of butter consigned for export, shall before the same is exported be submitted for examination by the prescribed officers with a view to determining whether such butter is suitable for export, and the said Minister may by such order prohibit, either absolutely or on failure to comply with conditions, the export of any butter which, on such examination is found to be unsuitable for exportation, and it is enacted by sub-section (2) of the said section that the said Minister may by any examination order make regulations in respect of all or any of the matters therein mentioned which include (amongst other matters) the matters following, that is to say, (a) the method of submitting butter to which an examination order applies for examination, including the submission in suitable cases of representative parts only of the butter; (b) the officers by whom the examination is to be made; (c) the method of making the examination and the places in which the same is to be made; (d) the conditions with which the butter must comply in order to be suitable for export.

AND WHEREAS the said Minister is satisfied that an examination order in the terms hereinafter contained is necessary and expedient in the interests of the butter industry in Saorstát Eireann.

NOW I, PATRICK HOGAN, Minister for Lands and Agriculture, in exercise of the powers conferred on me by Section II of the Dairy Produce Act, 1924 (No. 58 of 1924), and of every and any other power me in this behalf enabling do hereby order as follows:—

1. This order may be cited as the Butter Exporting (Examination) Order, 1928.

2. 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.

3. In this Order the expression "the Act" means the Dairy Produce Act, 1924 (No. 58 of 1924).

4. This Order applies to all butter manufactured on any premises registered in the register of creameries or the register of manufacturing exporters which is proposed to be exported.

5. All butter to which this Order applies shall before the same is exported be submitted for examination by an inspector with a view to determining whether such butter is suitable for export.

6. The consigning of any butter to which this Order applies from any place in Saorstát Eireann to any place outside Saorstát Eireann shall be deemed a submission for examination in accordance with this Order and, accordingly, such butter may be examined under this Order by any Inspector at any place (being a place upon or to which he is entitled under Section 10 of the Act to enter or have access or a public place) in Saorstát Eireann at which he may find such butter while in course of transit.

7. The method of making the examination of butter to which this Order applies shall be in accordance with the following provisions:—

(a) For the purposes of such examination the maximum marks awardable for the flavour of such butter shall be 60, and the maximum marks awardable for the texture of such butter shall be 30.

(b) The inspector making the examination shall examine such butter in relation to the following matters:—

(i) the flavour thereof;

(ii) the texture thereof;

(iii) the presence of mould growths on such butter;

(iv) rhe cleanliness of the package in which such butter is contained; and

(v) the weight of such butter as compared with the weight marked on the package in which it is contained.

(c) The inspector making the examination shall award in respect of the flavour and texture of such butter such marks respectively as in his opinion are fair and reasonable.

8. The conditions (in this Order referred to as the conditions of suitability) with which butter to which this Order applies must comply in order to be suitable for export shall be as follows:—

(a) There must have been awarded in respect of such butter for flavour not less than 54 marks and for texture not less than 24 marks;

(b) such butter and the package or wrapper containing it must be free from mould growths;

(c) such butter must be contained in a clean package;

(d) the weight of such butter must not be less than the weight marked on the package containing it.

9. Where any consignment or part of a consignment of butter to which this Order applies consists of two or more packages of such butter all made from the same churning and any such package is found on examination not to comply with the conditions of suitability in respect of flavour or texture or freedom from mould growths, the whole of such consignment or such part of a consignment (as the case may be) shall, notwithstanding that any package in such consignment or part of a consignment shall have been examined and on such examination been found to comply with the conditions of suitability and notwithstanding that others of the packages in such consignment or part of such consignment are not examined, be deemed not to comply with the conditions of suitability.

10. Any butter to which this Order applies which does not or is deemed not to comply with the conditions of suitability shall be unsuitable for exportation, and the export of such butter is hereby prohibited.

Given under My Seal of Office this 5th day of May, 1928.

(Signed) P. HOGAN,

Minister for Lands and Agriculture.