No. 24/1979:

MILK (MISCELLANEOUS PROVISIONS) ACT, 1979

ARRANGEMENT OF SECTIONS

1 Definitions.

2 Persons to whom this Act applies.

3 Payment of monthly fees.

4 Keeping of records.

5 Recovery of fees.

6 Inspection of records.

7 Cancellations, revocations and suspensions.

8 Repeal.

9 Provisions relating to fees.

10 Regulations.

11 Prosecution of offences.

12 Application of section 10 (4) of Petty Sessions (Ireland) Act, 1851, restricted.

13 Expenses.

14 Short title.

AN ACT PROVIDING FOR THE PAYMENT OF FEES BY REGISTERED PROPRIETORS OF CERTAIN PREMISES REGISTERED UNDER THE DAIRY PRODUCE ACTS, 1924 TO 1947, AND BY HOLDERS OF CERTAIN LICENCES UNDER THE CREAMERY ACTS, 1928 AND 1934, AND THE MILK AND DAIRIES ACTS, 1935 AND 1956, AND FOR OTHER RELATED MATTERS.

[25th July, 1979]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

1.—In this Act—

"authorised officer" means an officer of the Minister authorised in writing by the Minister for the purposes of this Act;

"the Minister" means the Minister for Agriculture;

"prescribed" means prescribed by regulations made by the Minister under this Act.

2.—This Act applies to the following persons—

( a ) the registered proprietor of premises registered in the register of creameries under the Dairy Produce Acts, 1924 to 1947,

( b ) the registered proprietor of premises registered in the register of cream-separating stations under the Dairy Produce Acts, 1924 to 1947,

( c ) the registered proprietor of premises registered in the register of manufacturing exporters under the Dairy Produce Acts, 1924 to 1947,

( d ) a person licensed under the Creamery Acts, 1928 and 1934, and

( e ) a person who is the holder of a special designation licence, other than a producer's licence, issued by the Minister under the Milk and Dairies (Special Designations) Regulations, 1938 (S. R. & O., No. 148 of 1938).

3.—(1) A person to whom this Act applies shall, for every month or part of a month during which he is such a person, pay to the Minister a fee, calculated at the rate of one-tenth of one new penny for every gallon of milk produced by him or acquired by him unless he satisfies the Minister that such milk has been acquired by him from another person to whom this Act applies.

(2) The rate of fee specified in subsection (1) of this section may be altered from time to time by regulations made by the Minister.

(3) Every regulation made under this section shall be laid before each House of the Oireachtas as soon as practicable after it is made and, if a resolution annulling the regulation is passed by either House in the next 21 days on which that House has sat after the regulation is laid before it, the regulation shall be annulled accordingly, but without prejudice to the validity of anything previously done under the regulation.

4.—(1) A person to whom this Act applies shall—

( a ) keep in such form as may be prescribed records of all milk produced or acquired by that person,

( b ) make such records available to an authorised officer when required by him to do so,

( c ) forward to the Minister, by such day in each month as may be prescribed and in the prescribed form—

(i) a return of all milk produced or acquired by that person, and

(ii) the fee required to be paid under section 3 of this Act by that person, in respect of the immediately preceding month or part of a month.

(2) Records required to be kept under this Act by a person to whom it applies shall be retained by him for a period of six years from the date of the latest transaction to which they relate.

(3) A person who fails or refuses to comply with a provision of this section shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding £500.

5.—(1) Any moneys due and owing to the Minister in respect of fees under this Act may be recovered by him as a simple contract debt in a court of competent jurisdiction.

(2) ( a ) A certificate signed by an authorised officer and stating that a specified sum is due and owing to the Minister by a specified person in respect of fees under this Act and is unpaid shall, on and from the date on which the certificate is served on that person, be sufficient evidence of the facts stated in the certificate, unless the contrary is shown.

( b ) A document purporting to be a certificate under this subsection and to be signed by an authorised officer shall be deemed, for the purposes of this section, to be such a certificate and to be so signed, unless the contrary is shown.

(3) A certificate under subsection (2) of this section may be served by sending it by post in a prepaid registered envelope addressed to the specified person at the address at which he ordinarily carries on business or by delivering it at that address.

6.—(1) An authorised officer may—

( a ) at all reasonable times enter and inspect any premises in which he has reasonable grounds for believing that any records required to be kept under this Act are kept, and

( b ) inspect, copy, take extracts from or remove for a reasonable period any such records.

(2) A person who obstructs or interferes with an authorised officer when he is exercising a power conferred by this section shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding £200.

(3) Where an offence under this section is committed by a body corporate and is proved to have been so committed with the consent or approval of, or to have been facilitated by any neglect on the part of, any person who is a director, member of the committee of management or other controlling authority of the body corporate, or manager, secretary, or other officer of the body corporate, that person shall also be deemed to have committed the offence and shall be liable to be proceeded against and punished accordingly.

(4) An authorised officer shall be furnished with a certificate of his authorisation and, when exercising any power conferred on an authorised officer by this section, shall, if so requested by any person affected, produce the certificate to that person.

7.—(1) Notwithstanding any other provision of this Act or of any Act referred to in this Act, where a certificate under section 5 (2) of this Act has been issued and the sum specified in the certificate is unpaid at the end of the period of four weeks beginning on the date of the certificate, the Minister may, after he has first served on the person specified in the certificate not less than 14 days' notice in writing of his intention to do so,

( a ) cancel any registration under any Act referred to in section 2 of this Act of premises of which the person specified in the certificate is the registered proprietor,

( b ) revoke any licence granted by or under any such Act to the person specified in the certificate or

( c ) suspend for a period specified in the notice any registration or licence under any such Act.

(2) A cancellation, revocation or suspension under this section shall not affect the liability of the person concerned to pay any sum due under this Act.

(3) A notice under subsection (1) of this section may be served by sending it by post in a prepaid registered envelope addressed to the person specified in the certificate at the address at which he ordinarily carries on business.

8.—(1) Subsections (1) and (2) and (5) to (13) of section 6 of the Dairy Produce (Amendment) Act, 1941 , are hereby repealed.

(2) Notwithstanding subsection (1) of this section, a person who but for that subsection would have been liable to pay a fee under a provision repealed by that subsection shall be liable to pay any such fee unpaid by him at the passing of this Act and shall also be liable to pay a further fee under such a provision in respect of the period commencing on the 1st day of January, 1979, and ending at the passing of this Act, and section 6 of the Dairy Produce (Amendment) Act, 1941 shall be construed accordingly.

9.—(1) All fees payable under this Act shall be paid into, or disposed of for the benefit of, the Exchequer in accordance with the directions of the Minister for Finance.

(2) The Public Offices Fees Act, 1879, shall not apply to any fee payable under this Act.

10.—The Minister may make regulations for prescribing any matter referred to in this Act as prescribed.

11.—An offence under this Act may be prosecuted by the Minister

12.—Notwithstanding section 10 (4) of the Petty Sessions (Ireland) Act, 1851, proceedings for an offence under this Act may be instituted at any time within two years after the date of the offence.

13.—The expenses incurred in the administration of this Act shall, to such extent as may be sanctioned by the Minister for Finance, be paid out of moneys provided by the Oireachtas.

14.—This Act may be cited as the Milk (Miscellaneous Provisions) Act, 1979 .

ACTS REFERRED TO