No. 9/1952:

MILK (REGULATION OF SUPPLY AND PRICE) (AMENDMENT) ACT, 1952

ARRANGEMENT OF SECTIONS

1 Interpretation.

2 Commencement.

3 Contribution by boards towards schemes for securing the increased production of milk.

4 Powers of boards to engage in business of selling milk.

5 Licences to purchase Highest Grade Milk.

6 Grant of licences by Dublin District Milk Board and restriction on purchase of milk.

7 Amendment of section 41 of the Act of 1936.

8 Restriction on application of section 47 of the Act of 1936.

9 Prosecution of offences under the Act of 1936, the Act of 1941 and this Act.

10 Short title, collective citation and construction.

AN ACT TO AMEND AND EXTEND THE MILK (REGULATION OF SUPPLY AND PRICE) ACTS, 1936 AND 1941.

[10th June, 1952.]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:—

1.—(1) In this Act—

"the Act of 1936" means the Milk (Regulation of Supply and Price) Act, 1936 (No. 43 of 1936), as amended by the Act of 1941;

"the Act of 1941" means the Milk (Regulation of Supply and Price) (Amendment) Act, 1941 (No. 11 of 1941).

(2) References in Part II of the Act of 1936 to the said Part II shall be construed as including references to this Act.

2.—This Act shall come into operation on such day as may be fixed therefor by order of the Minister.

3.—The board for a joint district may, with the consent of the Minister, bear the whole or part of the cost of any scheme designed to secure the increased production of milk in the production district.

4.—(1) The board for a joint district with the consent of the Minister may, within and without the joint district, engage in the business of selling milk and for that purpose may purchase, prepare and sell milk and milk products, acquire premises and equipment, establish depôts for the sale of milk and milk products, accumulate and maintain a reserve of dried and condensed milk and milk containers and do all such things as may be necessary for the purposes of carrying on such business.

(2) Notwithstanding subsection (1) of this section, the board for a joint district shall not at any time engage in the business of selling milk unless, in the opinion of the Minister, there is or is likely to be either a surplus or a shortage of milk in the joint district.

(3) Section 44 of the Act of 1936 shall not apply to the sale of milk to a board.

(4) Section 25 of the Act of 1941 shall not apply to the purchase of milk by a board.

5.—(1) A board for a joint district may grant to any registered retailer or registered wholesaler in respect of such district a licence to purchase Highest Grade Milk from a person, licensed to engage in the production of Highest Grade Milk under the Milk and Dairies (Special Designations) Regulations, 1938 ( S. R. & O. No. 148 of 1938 ), who is not a registered producer in respect of such district.

(2) Whenever a licence is granted under this section to any person, he may, notwithstanding anything contained in the Act of 1941, purchase Highest Grade Milk in accordance with such licence.

(3) The board for a joint district may attach to any licence granted by them to a person under this section such conditions as they think fit and if such person fails to comply with the conditions or any of them he shall be guilty of an offence under this section and shall be liable on summary conviction thereof to the penalties mentioned in the Schedule to the Act of 1936.

(4) The board for a joint district may at any time revoke a licence granted by them under this section.

6.—(1) In this section—

"the Board" means the Dublin District Milk Board established under section 8 of the Act of 1936;

"registered retailer" means a person for the time being registered in the register of retailers kept by the Board;

"registered wholesaler" means a person for the time being registered in the register of wholesalers kept by the Board;

"creamery" means premises for the time being registered in the register of creameries kept under the Dairy Produce Act, 1924 (No. 58 of 1924);

"registered proprietor", in relation to a creamery, means the registered proprietor of that creamery for the purposes of the Dairy Produce Act, 1924 .

(2) A registered retailer or a registered, wholesaler shall not purchase milk from the registered proprietor of a creamery save under and in accordance with a licence in that behalf granted to him under this section.

(3) A licence may be granted under this section at any time to any registered retailer or registered wholesaler either—

( a ) permitting him to purchase during a specified period a specified daily, weekly, monthly or other periodical quantity of milk from a specified registered proprietor of a creamery, or

( b ) permitting him to purchase on a specified occasion a specified quantity of milk from a specified registered proprietor of a creamery.

(4) A licence under this section may be granted in the name and on behalf of the Board by an officer of the Board authorised in that behalf by the Board.

(5) Every licence under this section shall be signed by the officer of the Board by whom it is granted and such signature shall be a sufficient authentication of such licence.

(6) A licence granted under the Emergency Powers (Dublin District Milk Board) Order, 1943 (S. R. & O. No. 406 of 1943), and in force on the commencement of this Act shall be deemed to be a licence under this section.

(7) A licence under this section may be granted with and subject to such conditions as shall be expressed therein and the licensee shall comply with such conditions.

(8) A licence under this section may be revoked at any time by the Board by notice in writing signed on behalf of the Board by an officer of the Board authorised in that behalf by the Board.

(9) If any person contravenes (whether by act or omission) a provision of this section, he shall be guilty of an offence under this section and shall be liable on summary conviction thereof to the penalties mentioned in the Schedule to the Act of 1936.

7.—Amendment of section 41 of the Act of 1936 is hereby amended—

(i) by the substitution for paragraph (b) of sub section (1) of the following:

"( b ) pay to such board, in accordance with this section, a levy calculated at the rate of a prescribed sum for each gallon of milk sold by him within the associated sale district during such accounting period to each person (other than such board) who is not registered in such register of retailers or such register of wholesalers."

(ii) by the substitution for paragraph (b) of subsection (2) of the following:

"( b ) pay to such board, in accordance with this section, a levy calculated at the rate of a prescribed sum for each gallon of milk which during such accounting period was acquired by him from such board or from any person other than a person registered in such register of retailers or in such register of wholesalers."

8.—(1) Subsection (1) of section 47 of the Act of 1936 shall not apply to the sale of milk by a registered producer in respect of the Dublin joint district who is the owner of premises registered in any of the registers kept under the Dairy Produce Act, 1924 (No. 58 of 1924).

(2) Subsection (2) of section 47 of the Act of 1936 shall not apply to the purchase of milk from a registered producer in respect of the Dublin joint district who is the owner of premises registered in any of the registers kept under the Dairy Produce Act, 1924 .

9.—(1) Where an offence under any section or subsection contained in Part II of the Act of 1936, in the Act of 1941 or in this Act is committed in a joint district, such offence may be prosecuted by or at the suit of the board for such district as prosecutor.

(2) Section 30 of the Act of 1941 is hereby repealed.

10.—(1) This Act may be cited as the Milk (Regulation of Supply and Price) (Amendment) Act, 1952 ,

(2) The Milk (Regulation of Supply and Price) Acts, 1936 and 1941 and this Act may be cited together as the Milk (Regulation of Supply and Price) Acts, 1936 to 1952.

(3) The Milk (Regulation of Supply and Price) Acts, 1936 and 1941, and this Act shall be construed together as one Act.