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Penalty for consigning bacon in excess of home-sales sub-quota.
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29.—(1) Where—
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(a) a copy of a home-sales sub-quota certificate has been duly served on the licensee in respect of such premises, and
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(b) the quantity of bacon consigned (other than by way of export) on, sale from such premises during the sale period specified in such certificate exceeds by more than five per cent. the home-sales sub-quota for such premises in respect of such period,
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such licensee shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine calculated at the rate of ten shillings for every hundredweight by which the amount of bacon so consigned from such premises during such period exceeds the home-sales sub-quota for such premises in respect of such period.
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(2) For the purposes of this section bacon which is produced in licensed premises on behalf of a person who delivers pigs to the licensee in respect of such premises for slaughtering and curing and which is transferred to such person or any other person during a sale period appointed by a home-sales order shall be deemed to be consigned (other than by way of export) on sale during such period from such premises.
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(3) Where the licensee (in this sub-section referred to as the purchaser) in respect of any licensed premises, with the consent of the Board, purchases any bacon for sale in Saorstát Eireann during any sale period appointed by a home-sales order from the licensee (in this paragraph referred to as the vendor) in respect of other licensed premises and the purchaser takes delivery of such bacon during such period, the following provisions shall, for the purposes of this section, have effect, that is to say:—
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(a) such bacon shall be treated as having been consigned (other than by way of export) on sale during such period by the vendor from such other licensed premises,
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(b) if the purchaser sells such bacon in Saorstát Eireann during such period, such bacon shall not be treated as having been consigned (other than by way of export) on sale by the purchaser from such first-mentioned licensed premises.
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(4) Where the licensee (in this sub-section referred to as the purchaser) in respect of any licensed premises, with the consent of the Board purchases, from the licensee (in this sub-section referred to as the vendor) in respect of other licensed premises any bacon for export during any sale period appointed by a home-sales order, and the purchaser takes delivery of such bacon during such period, the following provisions shall, for the purposes of this section have effect, that is to say:—
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(a) such bacon shall not be treated as having been consigned (other than by way of export) on sale by the vendor from such last mentioned premises,
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(b) in case the purchaser is prosecuted for an offence under this section and does not satisfy the court that he exported such bacon during such period, such bacon shall be treated as having been consigned (other than by way of export) on sale during such period from such first-mentioned premises.
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(5) Where bacon produced in licensed premises is transferred to other premises and subsequently consigned (other than by way of export) on sale during any sale period, such bacon shall, for the purposes of this section, be deemed to have been consigned (other than by way of export) on sale from such licensed premises during such sale period.
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