Dairy Produce (Price Stabilisation) Act, 1935

Minimum price for butter.

39.—(1) Subject to the provisions of this section it shall not be lawful for any person to sell any butter for delivery to the purchaser thereof in Saorstát Eireann at a price which is less than the price which is, on the date of the delivery of such butter to the purchaser, the minimum price under this section in respect of such butter.

(2) The Minister may from time to time by order fix the price which shall, as on and from a specified date, be the minimum price under this section in respect of butter of any specified class (defined in such manner as the Minister shall think proper), and may by any such order fix a minimum price varying in accordance with all or any of the following things, that is to say:—

(a) the quantity of butter included in such sale or in any one delivery in pursuance of such sale, or

(b) the area in which the butter is delivered to the purchaser or to which the butter is forwarded for the purchaser, or

(c) the method of packing such butter.

(3) Until an order fixing the price or prices which shall be the minimum price or prices of creamery butter has been made by the Minister under this section and has come into force the prices set forth in the Second Schedule to this Act shall be the minimum prices under this section in respect of creamery butter.

(4) The Minister may, at any time, by order revoke or amend any order previously made by him under this section, including an order made under this sub-section.

(5) Every person who shall sell any butter in contravention of this section shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding one hundred pounds.

(6) Nothing in this section shall apply to or render unlawful any sale of butter at less than the minimum price under this section by the registered proprietor of creamery premises to a regular supplier of milk to any creamery or cream separating station owned by such registered proprietor, where such sale takes place under and in accordance with an authorisation in that behalf given by the Minister to such registered proprietor.

(7) Nothing in this section shall apply to any sale to a butter factory in accordance with the provisions of paragraph (e) of sub-section (1) of section 16 of the Dairy Produce Act, 1924 (No. 58 of 1924), of any such butter as is mentioned in that paragraph, or to any sale to a butter factory in accordance with the provisions of paragraph (e) of sub-section (1) of section 18 of the said Act of any such butter as is mentioned in that paragraph.