S.I. No. 44/1931 - Butter Exporting (Examination) Order, 1931.

SAORSTÁT EIREANN. STATUTORY RULES AND ORDERS. 1931. No. 44.

BUTTER EXPORTING (EXAMINATION) ORDER, 1931.

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 it is enacted by sub-section (3) of section 2 of the Ministers and Secretaries (Amendment) Act, 1928 (No. 6 of 1928), that every mention or reference contained in any Act of the Oireachtas passed before the commencement of that Act to the Minister for Lands and Agriculture shall (save when and in so far as such mention or reference is made in relation to the Irish Land Commission) be construed and have effect as a mention of or reference to the Minister for Agriculture:

AND WHEREAS the Minister for Agriculture 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 Agriculture, in exercise of the powers conferred on me by section 11 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, 1931.

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 in and intended for export from Saorstát Eireann save butter packed in sealed tins.

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 the butter or on the package or wrapper in which it is contained;

(iv) the cleanliness of the butter and of the package or wrapper in which it is contained; and

(v) the weight of the 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:

(i) if manufactured on premises registered in the register of creameries or in the register of manufacturing exporters and consigned to a place outside Saorstát Eireann without having been brought to a butter factory, not less than 54 marks for flavour and not less than 24 marks for texture;

(ii) if manufactured on other premises, or if manufactured on premises registered in the register of creameries or in the register of manufacturing exporters and subsequently taken to a butter factory, not less than 50 marks for flavour and not less than 20 marks for texture;

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

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

(d) the weight of the butter must not be less than the weight marked on the package in which it is contained.

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 made from the same churning on premises registered in the register of creameries or in the register of manufacturing exporters and consigned to a place outside Saorstát Eireann without being brought to a butter factory, and the butter in 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 such consignment (as the case may be) shall, notwithstanding that any package in such consignment or such part of such consignment shall have been examined and on such examination the butter therein shall have been found to comply with the conditions of suitability, and notwithstanding that others of the packages in such consignment or such part of such consignment shall not have been examined, be deemed not to comply with the conditions of suitability.

10. Where any consignment of butter to which this Order applies, which has not been manufactured on premises registered in the register of creameries or in the register of manufacturing exporters or which, if manufactured on such premises, has been subsequently brought to a butter factory, consists of two or more packages, and it is found on examination of at least ten per cent of the packages in such consignment that the butter in at least half of the packages so examined does not comply with the conditions of suitability in respect of flavour, texture, cleanliness, cleanliness of the package in which it is contained, or freedom from mould growths, the whole of such consignment shall, notwithstanding that some of the packages in such consignment shall have been examined and the butter therein found to comply with the conditions of suitability, and notwithstanding that others of the packages in such consignment shall not have been examined, be deemed not to comply with the conditions of suitability.

11. 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.

12. Where a consignment of butter consists in part of butter manufactured on premises registered in the register of creameries or in the register of manufacturing exporters and never brought to a butter factory, and in part of other butter, each such part shall be deemed to be a separate consignment for the purpose of these regulations.

13. The Butter Exporting (Examination) Order, 1928 (Statutory Rules and Orders, 1928, No. 25), is hereby revoked.

14.—(1) This Order in so far as it applies to butter manufactured on premises registered in the register of creameries or in the register of manufacturing exporters and not subsequently brought to a butter factory shall come into operation on the date hereof.

(2) This Order in so far as it applies to butter other than butter manufactured on premises registered in the register of creameries or in the register of manufacturing exporters, or to butter manufactured on such premises and subsequently brought to a butter factory, shall come into operation on the 1st day of August, 1931.

Given under my Seal of Office, this 1st day of

July, 1931.

P. HOGAN,

Minister for Agriculture