No. 29/1936:

BREAD (REGULATION OF PRICES) ACT, 1936

ARRANGEMENT OF SECTIONS

1 Definitions.

2 Standard price of flour.

3 Bread (price) orders.

4 Additional provisions in relation to bread (price) orders.

5 Receipts on sale of bread.

6 Power to weigh bread in shop or vehicle, etc.

7 Penalties for offences.

8 Effect of bread (price) orders on existing contracts.

9 Laying of orders before Houses of Oireachtas.

10 Prosecution of offences.

11 Expenses.

12 Short title.

AN ACT TO MAKE PROVISION FOR REGULATING THE PRICE OF BREAD AND TO MAKE PROVISION FOR OTHER MATTERS RELATING TO THE SALE OF BREAD.

[11th July, 1936.]

BE IT ENACTED BY THE OIREACHTAS OF SAORSTÁT EIREANN AS FOLLOWS:—

1.—In this Act the expression "the Minister" means the Minister for Industry and Commerce;

the word "flour" means any flour obtained wholly or mainly from wheat.

2.—(1) Subject to the provisions of this section, the Minister may, whenever and so often as he thinks fit, by order under this sub-section fix, for the purposes of this Act, the price of flour for any specified area, and the price so fixed shall, so long as such order remains in force, be, for the purposes of this Act, the standard price of flour for such area.

(2) Every order under this section shall specify the area to which it is to apply, and such area may be the whole of Saorstát Eireann or any specified part thereof.

(3) The Minister may by order under this sub-section revoke any order made under sub-section (1) of this section.

(4) The Minister shall before making any order under this section consult with the Milling Advisory Committee established under section 10 of the Agricultural Produce (Cereals) Act, 1933 (No. 7 of 1933).

(5) Every order under this section shall be published in the Iris Oifigiúil as soon as may be after it is made.

3.—(1) The Minister may, whenever and so often as he thinks fit, by order (in this Act referred to as a bread (price) Order) fix the maximum price at which bread of a specified kind (defined in such manner and by reference to such things as the Minister shall think proper) may be sold or offered for sale in a specified area when sold or offered for sale under such one or more of the following sets of conditions as shall be specified in such order, and may so fix different such prices in relation to different such sets of conditions, that is to say:—

( a ) that the bread is sold or offered for sale wholesale, delivery being taken by the purchaser at the place where such bread is kept by the vendor;

( b ) that the bread is sold or offered for sale wholesale, delivery being made by the vendor to the purchaser at some place other than the place where such bread is kept by the vendor;

( c ) that the bread is sold or offered for sale retail by the baker thereof in a shop owned by him, delivery being taken by the purchaser at such shop;

( d ) that the bread is sold or offered for sale retail by a person other than the baker thereof in a shop owned by such person, delivery being taken by the purchaser at such shop;

( e ) that the bread is sold or offered for sale retail, delivery being made by the vendor to the purchaser at some place other than the place of sale;

( f ) that the bread is sold or offered for sale retail from a vehicle owned by the vendor, immediate delivery being taken by the purchaser;

( g ) that the bread is sold or offered for sale wholesale in any other specified way (defined in such manner and by reference to such things as the Minister shall think proper);

( h ) that the bread is sold or offered for sale retail in any other specified way (defined in such manner and by reference to such things as the Minister shall think proper).

(2) The following provisions shall apply in respect of bread (price) orders, that is to say:—

( a ) a bread (price) order may relate to more than one kind of bread, and in that case may contain different provisions in relation to each such kind of bread;

( b ) any maximum price fixed by a bread (price) order may be a variable price dependent, in such manner as may be provided by such order, on the standard price of flour for the area to which such order applies;

( c ) a bread (price) order shall specify the area to which such order is to apply, and such area may be either the whole of Saorstát Eireann or any specified part thereof;

( d ) every bread (price) order shall be published in the Iris Oifigiúil as soon as may be after it is made;

( e ) every bread (price) order shall specify the date on which it is to come into force, and such date shall not be earlier than the date of publication thereof in the Iris Oifigiúil;

( f ) the Minister may by order under this paragraph revoke or amend a bread (price) order, and the provisions of paragraphs (d)and (e) of this sub-section shall apply to every order made under this paragraph.

(3) Whenever—

( a ) a bread (price) order is for the time being in force, and

( b ) such order fixes a maximum price at which bread of the kind specified in such order may be sold or offered for sale in the area to which such order applies when sold or offered for sale under a particular set of conditions,

every person who sells or offers for sale any such bread in such area under such set of conditions at a price in excess of such maximum price shall be guilty of an offence under this section.

4.—(1) The Minister may by any bread (price) order prohibit the sale or offering for sale in the area to which such order applies of bread of any kind to which such order applies, unless such bread is so sold or offered for sale either (i) in units of less than eight ounces in weight or (ii) in units of one pound or multiples of one pound in weight, and if any person acts in contravention of such prohibition such person shall be guilty of an offence under this section.

(2) The provisions of this section shall have effect notwithstanding anything contained in the Bread (Ireland) Act, 1838.

5.—(1) Where—

( a ) a bread (price) order is in force in relation to bread of a particular kind, and

( b ) any person sells in the area to which such order applies any such bread under any set of conditions specified in such order,

such person shall, if so required by the purchaser, give to the purchaser a receipt showing the amount paid for such bread and the weight thereof.

(2) If any vendor of bread does not comply with the obligations imposed on him by this section, he shall be guilty of an offence under this section.

6.—(1) Any inspector of weights and measures may do all or any of the following things, that is to say:—

( a ) at all reasonable times enter any building or part of a building or other place in which bread is sold or kept or exposed for sale,

( b ) stop any vehicle carrying bread for sale or for delivery to a purchaser,

( c ) weigh any bread found in any such place or vehicle or which is in course of delivery to any purchaser.

(2) If any person obstructs or impedes an inspector of weights and measures in the exercise of any of the powers conferred on such inspector by this section such person shall be guilty of an offence under this section.

(3) In this section the expression "inspector of weights and measures" means an inspector of weights and measures (including an ex officio inspector of weights and measures) under the Weights and Measures Acts, 1878 to 1936.

7.—Every person guilty of an offence under any section of this Act shall be liable on summary conviction thereof, in the case of a first offence under such section, to a fine not exceeding five pounds, and, in the case of a second or subsequent offence under such section, to a fine not exceeding ten pounds or, at the discretion of the court, to imprisonment for any term not exceeding three months or to both such fine and imprisonment.

8.—(1) Where—

( a ) a bread (price) order has been made in relation to the sale in a particular area of bread of a particular kind under a particular set of conditions, and

( b ) a contract for the sale in such area of bread of that kind under a like set of conditions has been entered into before the date on which such order comes into force, and

( c ) the whole or any part of such contract is to be performed after the said date, and

( d ) the price specified in such contract for such bread exceeds the maximum price fixed by such order for such bread when sold under such set of conditions,

such contract shall continue in force but shall, in respect of any bread delivered on or after the said date, have effect as if such maximum price were substituted for the price specified in such contract.

(2) Where—

( a ) a bread (price) order has been made in relation to the sale in a particular area of bread of a particular kind under a particular set of conditions, and

( b ) a tender to supply in such area during a certain period such bread under a like set of conditions has been entered into before the date on which such order has come into force, and

( c ) the person making such tender is legally bound, subject to the terms of such tender, to supply such quantities of such bread as may from time to time be ordered during the said period, and

( d ) the whole or any portion of such period has not expired on the said date, and

( e ) the price, specified in such tender to supply such bread exceeds the maximum price fixed by such order for such bread when sold under such set of conditions,

the following provisions shall have effect, that is to say:—

(i) such bread (price) order shall not affect the obligations of the person making such tender to supply, subject to the terms of such tender, such quantities of such bread as may from time to time be ordered on or after the date on which such order comes into force;

(ii) such tender shall as respects any such bread ordered on or after the said date be construed and have effect as if such maximum price were substituted for the price specified in such tender.

9.—Every order made under this Act shall be laid before Dáil Eireann as soon as may be after it is made, and if a resolution annulling such order is passed by Dáil Eireann within the next subsequent twenty-one days of which Dáil Eireann has sat after such order is so laid before Dáil Eireann, such order shall be annulled accordingly, but without prejudice to the validity of anything previously done under such order.

10.—An offence under any section of this Act may be prosecuted by or at the suit of the Minister as prosecutor.

11.—All expenses incurred in carrying this Act into execution shall, to such extent as may be sanctioned by the Minister for Finance, be paid out of moneys provided by the Oireachtas.

12.—This Act may be cited as the Bread (Regulation of Prices) Act, 1936 .