03/12/1923:

THE COLORADO BEETLE ORDER, 1923.

THE COLORADO BEETLE ORDER, 1923.

(Dated 3rd December, 1923).

THE Department of Agriculture and Technical Instruction for Ireland, in exercise of the powers conferred on them by the Destructive Insects and Pests Acts, 1877 and 1907, and of every other power them in this behalf enabling, do hereby, with the concurrence of the Minister for Agriculture, Order as follows :—

Application of the Order.

1.—(1) This Order shall apply to the whole of Saorstát Éireann.

(2) The restrictions imposed by this Order shall not affect the requirements of the Destructive Insects and Pests (Ireland) Order, 1922.

Definitions.

2. In this Order—

" The Department " means the Department of Agriculture and Technical Instruction for Ireland.

" Inspector " means an Inspector of the Department.

" Justice " means a District Justice or a Peace Commissioner.

" Constable " means any member of the Dublin Metropolitan Police or any member of the Gárda Síochána.

" Living plants or vegetables " means trees and shrubs, tubers, bulbs and flower roots, raw vegetables, including potatoes, potato haulms and leaves and tomatoes.

" Landing " includes importation across a land frontier and importation through the post.

" Authorised " means authorised by the Department.

" Package " includes sacks, barrels, baskets and boxes.

" Premises " means land, or a building or buildings, or land with a building or buildings thereon.

" Prescribed " means prescribed by the Department.

" Person " includes a corporation.

Restriction on Importation of Vegetables and Plants from France.

3. For the prevention of the introduction of the Colorado Beetle (Leptinotarsa decemlineata) into Saorstát Éireann the landing in Saorstát Eireann of any living plants or vegetables shipped from any port in European France is hereby prohibited unless the plants or vegetables are accompanied by a declaration purporting to be made by the grower or exporter thereof in the form prescribed in the Schedule to this Order.

Prohibition of the sale, purchase, planting, moving, loading, unloading or taking delivery of living plants or vegetables landed in contravention o f Article 3.

4. With a view to preventing the spreading in Saorstát Éireann of the Colorado Beetle (Leptinotarsa decemlineata) it shall not be lawful for any person not authorised in that behalf to sell, purchase, plant, move, load, unload, or to dispose or take delivery of living plants or vegetables landed in contravention of this Order.

Special Licence.

5. Notwithstanding anything in this Order contained, the Department may by special licence and on the conditions, if any, prescribed therein, authorise the landing or the disposal of any living plants or vegetables shipped from any port in European France.

Powers of Entry.

6. Any Justice, customs officer, constable, or any inspector or other authorised person, upon production, if so required, of his appointment or authority, may, for the purpose of enforcing this Order, or of detecting any violation of the provisions thereof, enter any premises, or any railway truck or wagon, or any ship, boat or other vessel or craft, or any place where ships, boats or other vessels or crafts are loaded or unloaded, and examine and take samples of any living plants or vegetables therein, and open any packages suspected by him to contain living plants or vegetables.

Disposal of living plants or vegetables landed in contravention of this Order.

7. If any living plants or vegetables are landed in contravention of this Order the Department or any Inspector or other authorised person may destroy, or cause to be destroyed, in such manner as the Department or the Inspector or the authorised person, as the case may be, thinks fit, the aforesaid living plants or vegetables and any packages in which the aforesaid living plants or vegetables are or have been contained, or may remove or cause to be removed any of the aforesaid living plants or vegetables and packages to such place and in such manner as the Department or any Inspector or other authorised person may think fit, and may serve a Notice on the consignee of, or on the person in charge of, or on the person in possession of, any of the aforesaid living plants or vegetables and packages, directing the aforesaid consignee or person on whom the Notice is served to destroy within such time and in such manner as may be specified in the aforesaid Notice the aforesaid living plants or vegetables and packages, or to remove them within such time and to such place as may be specified in the aforesaid Notice.

Production of Declaration and Licence.

8.—(1) Any person in charge or in possession of any living plants or vegetables which should be accompanied by a declaration under this Order, shall, on demand of the Department or of a Justice, customs officer, constable, or of any inspector or other authorised person, produce and show him the declaration (if any) accompanying the living plants or vegetables and shall allow it to be read and a copy of, or extract from, it to be taken by the person to whom it is produced.

(2) Any person to whom a licence has been issued under this Order shall, on demand of the Department, or of a Justice, customs officer, constable or of any inspector or other authorised person, produce and show him the licence, and shall allow it to be read and a copy of, or extract from, it to be taken by the person to whom it is produced.

(3) Any person who is or has been in charge or in possession of living plants or vegetables suspected by the Department, or by a Justice, customs officer, constable, or by any inspector or other authorised person, or being or having been landed in contravention of this Order shall on demand as aforesaid give his name and address and all such information in his possession or procuration as may enable the Department to determine whether the living plants or vegetables are being or have been landed or disposed of in contravention of this Order, and if the living plants or vegetables are being or have been landed or disposed of in contravention of this Order, to determine the person by whom the living plants or vegetables are being or have been so landed or disposed of.

Declarations and Licences.

9.—(1) Every declaration under this Order shall, as soon as the living plants or vegetables to which it relates have been delivered to the consignee, be forwarded by the consignee forthwith to the Department.

(2) Any alteration or erasure made in a declaration or licence shall render it invalid,

(3) Any declaration that is false in a material respect and any licence obtained by means of a false statement or misrepresentation shall be invalid.

(4) The Department, for any reason that may appear to them sufficient, may refuse to grant a licence under this Order and may prescribe the period during which a licence shall remain valid, and may at any time suspend or revoke any licence issued by them under this Order.

(5) Any person by whom a licence is obtained under this Order shall return the licence to the Department forthwith on the expiration, revocation or suspension of the licence.

Penalties for landing or attempting to land living plants or vegetables in contravention of this Order.

10. If any person lands or attempts to land any living plants or vegetables in contravention of this Order, he shall be deemed guilty of an offence against this Order and shall be liable on conviction to a penalty of Ten Pounds for each such offence.

Penalties for Offences against Article 4 of this Order.

11. If any person not authorised in that behalf takes delivery of, sells, purchases, plants, moves, loads or unloads, or causes, directs or permits the delivery, sale, purchase, planting, moving, loading or unloading of any living plants or vegetables landed in contravention of this Order, he shall be deemed guilty of an offence against this Order and shall be liable on conviction to a penalty of Ten Pounds for each such offence.

Penalties for other Offences.

12. If any person—

(a) refuses or neglects to comply with any direction contained in a Notice under this Order; or

(b) makes a false declaration or obtains or attempts to obtain a licence for the purposes of this Order by means of any false statement or misrepresentation; or

(c) refuses or neglects to produce and show any declaration or licence or refuses to allow it to be read and a copy of or an extract from the same to be taken by any, of the persons set out in Article 8 ; or

(d) refuses or neglects to give his true name and address or gives a false name or address to any of the persons set out in Article 8 ; or

(e) refuses or neglects to give to any of the persons set out in Article 8 the information required by said Article; or

(f) obstructs or impedes any inspector or other authorised person in the discharge of his duty under this Order; or

(g) refuses or neglects to deliver up any declaration or licence in contravention of Article 9 of this Order;

he shall be guilty of an offence and shall be liable on conviction to a penalty not exceeding Ten Pounds for each such offence.

Execution of the Order.

13. For the purposes of this Order a Notice shall be deemed to be served on a person if it is delivered to him personally or left for him at his last known place of abode, or at his office or place of business, or sent through the post in a letter addressed to him at either of such addresses, and a Notice or other document purporting to be signed by an inspector or by any authorised person shall be prima facie evidence that it was signed by such inspector or authorised person, as the ease may be, and duly authorised.

Commencement.

14. This Order shall come into operation on the third day of December, Nineteen Hundred and Twenty-three.

Short Title.

15. This Order may be cited as the Colorado Beetle Order, 1923.

In witness whereof the Department of Agriculture and Technical Instruction for Ireland have hereunto set their Official Seal this third day of December, Nineteen Hundred and Twenty-three.

F. J. MEYRICK,

Secretary.

I concur in the foregoing Order.

P. HOGAN,

Minister of Agriculture.

SCHEDULE.

(ANNEXE—CERTIFICAT).

I ............................................................ ......................................................... Le soussigné............................................................ .......................................

being the of the des inclus included in the consignment described below, dans l'envoi ci-dessous décrit, do hereby declare that none of these (living declare qu'aucune de ces were grown in the Departments of (vegetables) n'était produit dans les Départments de

Gironde, Landes, Basses Pyrénées, Hautes Pyrénées, Haute Garonne, Ariège, Aude, Gers, Tarn, Lot-et-Garonne, Tarn-et- Garonne, Aveyron, Lot, Dordogne, Corrèze, Cantal, Puy de Dôme, Creuse, Haute Vienne, Charente, Charente Inférieure, Indre, Vienne, Deux Sèvres, Vendée, Loire Inférieure, Maine-et-Loire, Indre-et-Loire or Lozére.

ou

Signed............................................................ .......................................

Signé

Date ............................................................ .........................................

Descriptions of Consignment.

Description de l'envoi

No. and description of packages

Nombre et description des colis

Marks

Marques distinctives

Nature of Contents

Nature du contenu

Name and address of consignee.

Nom et addresse du destinataire