Milk (Regulation of Supply) Act, 1994

Levies payable by processors.

8.—(1) In this section “accounting period” means the month commencing on the date of establishment of the Agency or any subsequent month.

(2) Every processor who is, during the whole or any part of an accounting period, registered under this Act shall, within a prescribed time after the end of that period—

(a) make in the prescribed form the following return to the Agency—

(i) the quantity of milk which, during the accounting period, was either acquired from any registered producer or any other registered processor or produced on the processor's own milk production holding, and

(ii) the total quantity of milk acquired for the production of milk for liquid consumption, and

(iii) the quantity of heat-treated milk which, during the accounting period, was sold by the processor for liquid consumption, and

(b) pay to the Agency a levy in respect of the accounting period calculated at a rate determined under subsection (3) for each litre of milk either acquired from any registered producer in accordance with the terms of a contract registered with the Agency or produced on the processor's own milk production holding.

(3) (a) The rate of levy shall, subject to paragraph (b), be such rate and be paid within such time as is specified by the Minister by order made on the establishment of the Agency.

(b) The Agency may, with the consent of the Minister, alter the rate of levy on giving two months' notice in writing specifying the altered rate and the date on and from which it is to take effect to each registered producer and registered processor of the Agency's decision.

(4) In the event of non-payment of the levy due by any person for an accounting period within the specified time the Agency shall issue a certificate (a “certificate of indebtedness”) under the seal of the Agency certifying the amount of the levy payable by that person for that period.

(5) Every certificate of indebtedness shall be evidence of all matters purporting to be certified therein, and any document purporting to be a certificate of indebtedness shall, on production in any proceedings to recover the amount thereby certified to be payable, be deemed, until the contrary is proved, to be a certificate of indebtedness duly made under this section and shall be admitted in evidence accordingly.

(6) The Agency shall cause a certificate of indebtedness to be served on the person to whom the certificate relates, and thereupon the amount of the levy stated in the certificate shall be recoverable by the Agency from that person as a simple contract debt in any court of competent jurisdiction.

(7) If any person registered in any register kept by the Agency—

(a) fails to make to the Agency any return required by this section, or

(b) makes any such return which is false or misleading in any material respect, or

(c) fails to pay within the time appointed by this section any amount payable to the Agency under this section,

the Agency may cancel the registration of that person in the register of producers or processors as the case may be and the registration of any and all contracts to which that person is a party.

(8) Whenever the registration of any person has been cancelled on account of non-payment of any amount payable by that person to the Agency under this section, the Agency shall, if the amount is paid by or on behalf of that person within three months after the date of cancellation, restore the registration with effect from the date of payment.

(9) Service of a copy of a certificate made under this section may be made by delivering it to the person to whom it relates or by sending it by post to that person at any place where that person resides or carries on business.

(10) Every person who—

(a) fails to make within the time limited by this section any return required by this section, or

(b) who makes any such return which is false or misleading in any material respect,

shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding £500.