No. 87/1931:

AGRICULTURAL PRODUCE (POTATOES) REGULATIONS, 1931.

AGRICULTURAL PRODUCE (POTATOES) REGULATIONS, 1931.

WHEREAS the Agricultural Produce (Potatoes) Act, 1931 (No. 26 of 1931), will come into operation on the 18th day of January, 1932, by virtue of an Order entitled the Agricultural Produce (Potatoes) Act, 1931 (Commencement) Order, 1931, (Statutory Rules and Orders 1931. No. 82);

AND WHEREAS by virtue of Sections 18, 19, 21 and 23 of the said Act the Minister for Agriculture is empowered to make by Order regulations in relation to the several matters respectively referred to in the said sections;

AND WHEREAS it is enacted by sub-section (1) of Section 35 of the said Act that the Minister for Agriculture may by order make regulations in regard to any matter or thing referred to in the said Act as prescribed or as being or to be prescribed and it is enacted by sub-section (3) of the said section that any regulations made by the said Minister under the said Act in regard to fees shall be subject to the approval of the Minister for Finance;

AND WHEREAS these Regulations (except such of them as are made under the said sections 18, 19, 21 and 23) relate to matters and things which are referred to in the said Act as prescribed, or as being or to be prescribed;

AND WHEREAS the making of these Regulations before the commencement of the said Act and the coming into operation of certain of such Regulations before such commencement are necessary for bringing the said Act into operation on the said 18th day of January, 1932;

NOW, I, PATRICK HOGAN, Minister for Agriculture, with the approval, in so far as these Regulations relate to fees, of the Minister for Finance testified by his signature hereto, and in exercise of the powers conferred on me by the joint operation of the Agricultural Produce (Potatoes) Act, 1931 (No. 26 of 1931), and sub-section (3) of section 11 of the Interpretation Act, 1923 (No. 46 of 1923), and of every and any other power me in this behalf enabling do hereby order and make the following Regulations, that is to say:—

PART I.

Preliminary.

1.—(1) These Regulations may be cited for all purposes as the Agricultural Produce (Potatoes) Regulations, 1931.

(2) Parts I and II of these Regulations shall come into operation immediately on the making thereof and the remaining Parts of these Regulations shall come into operation on the 18th day of January, 1932.

2. In these Regulations:—

the expression "the Act" means the Agricultural Produce (Potatoes) Act, 1931 (No. 26 of 1931);

the expression "the Minister" means the Minister for Agriculture;

the expression "bright soil" means soil in which the prevailing colour is tending towards red;

the expression "dark soil" means soil in which the percentage of humus is sufficiently high to give the soil a dark or black colour.

3. The Interpretation Act, 1923 (No. 46 of 1923), applies to the interpretation of these Regulations in like manner as it applies to the interpretation of an Act of the Oireachtas.

PART II.

Prescribed Forms.

4. An application under sub-section (1) of Section 5 of the Act for the registration of any premises in the register of potato packing premises shall be in the Form P.1 of the First Schedule hereto, and shall contain the particulars asked for or otherwise indicated in that Form, and shall be made by delivering or sending by post, an application in the said Form duly completed to the Secretary, Department of Agriculture, Dublin, C.17.

5. An application under sub-section (1) of section 17 of the Act for the alteration or cancellation of the registration of any premises under Part II of the Act shall be in the Form P.2 in the First Schedule hereto, and shall be made by delivering or sending by post an application in the said Form duly completed to the Secretary, Department of Agriculture, Dublin, C.17.

6. An application under sub-section (1) of section 6 of the Act for an exporter's (general) licence shall be in the Form P.3 in the First Schedule hereto, and shall be made by delivering or by sending by post an application in the said form duly completed to the Secretary, Department of Agriculture, Dublin, C.17.

7. An exporter's (general) licence under section 6 of the Act shall be in the Form P.4 in the First Schedule hereto.

8.—(1) An application under sub-section (3) of section 6 of the Act for an exporter's (grower's) licence shall be in the Form P.5 in the First Schedule hereto, and shall be made by delivering or by sending by post an application in the said Form duly completed to the Secretary, Department of Agriculture, Dublin, C.17.

(2) For the purposes of paragraph (d) of sub-section (3) of section 6 of the Act, the prescribed information to be supplied by an applicant for an exporter's (grower's) licence shall be as follows

(a) particulars of his acreage of land under potatoes, a d

(b) particulars of the quantity of potatoes exported by him during the immediately preceding twelve months.

9. An exporter's (grower's) licence under section 6 of the Act shall be in the Form P.6 in the First Schedule hereto.

10. A certificate of indebtedness within the meaning of section 10 of the Act shall be in the Form P.7 in the First Schedule hereto.

11. A certificate of suitability issued under sub-section (2) of section 22 of the Act shall be in the Form P.8 in the First Schedule hereto.

12. A special licence granted under sub-section (1) of section 28 of the Act shall be in the Form P.9 in the First Schedule hereto.

PART III.

Prescribed Inspection and other Fees.

13. For the purpose of section 9 of the Act—

(a) the prescribed rate under sub-paragraph (ii) of paragraph (b) of sub-section (1) of the said section shall be nine pence for every ton;

(b) the prescribed rate under sub-paragraph (i) of paragraph (c) of sub-section (1) of the said section shall be nine pence for every ton;

(c) the prescribed rate under sub-paragraph (ii) of paragraph (c) of sub-section (1) of the said section shall be one shilling for every ton;

(d) the prescribed rate under sub-section (2) of the said section shall be six pence for every ton of ware potatoes and nine pence for every ton of seed potatoes.

14. The prescribed rate under sub-section (2) of section 28 of the Act shall be six shillings for every ton.

15. For the purposes of sub-section (1) of section 10 of the Act (so far as the said sub-section relates to the manner in which the amount due for inspection fees by every licensed exporter in respect of an account period is to be ascertained) the following provisions shall have effect, that is to say —

(a) whenever and so often as any consignment of potatoes is submitted by a licensed exporter to an inspector for examination under the Act, such inspector shall, as soon as may be after such submission, send to the Minister a return showing the date of such submission and such other particulars as may be necessary to enable the inspection fee payable under section 9 of the Act in respect of such consignment to be calculated, and;

(b) the amount due for inspection fees by every licensed exporter shall be ascertained from the particulars contained in returns made under the foregoing paragraph.

16. For the purposes of sub-section (4) of section 14 of the Act—

(a) the prescribed fee under paragraph (a) of the said sub-section shall be the sum of one shilling;

(b) the prescribed fee under paragraph (b) of the said sub-section shall be the sum of six pence;

(c) the prescribed fee under paragraph (c) of the said sub-section shall be the sum of two shillings and six pence.

PART IV.

Regulations as to the grading and packing of potatoes, the marking of packages of potatoes, and the conveyance of potatoes.

17.—(1) For the purposes of paragraph (a) of section 18 of the Act potatoes shall be graded in accordance with the Provisions of Part I of the Second Schedule hereto.

(2) For the purposes of paragraph (b) of section 18 of the Act potatoes at the time of packing shall be in the condition or state set out in Part II of the Second Schedule hereto.

(3) For the purposes of paragraph (c) of section 18 of the Act potatoes shall be packed in the method and manner set out in Part III of the Second Schedule hereto, and packages shall comply with the requirements set out therein.

(4) For the purposes of paragraph (d) of section 18 of the Act, the packing of potatoes of the following grades or descriptions is prohibited, that is to say—

(a) seed potatoes which are more than 2 inches in diameter, or less than 1 ¼ inches in diameter, except in cases in which it is shown to the satisfaction of an inspector that the purchaser requires seed potatoes of a size outside the said limits.

(b) ware potatoes which are less than 2 inches in diameter or are oversized.

18. For the purposes of sub-sections (1) and (2) of section 19 of the Act, the following provisions shall have effect, that is to say—

(a) for the purposes of the next succeeding paragraph the approved name of the county or district in which potatoes are grown shall be the name specified for such county or district in the second column of the Third Schedule hereto;

(b) the marks following shall be applied to every package of potatoes for export sold on or exported or consigned from any registered premises and such marks shall be applied to such package commencing from the top thereof in the following order, that is to say—

(i) the approved name of the county or district in which the potatoes were grown, (being a matter which in the opinion of the Minister should be indicated on such package);

(ii) the name of the variety of such potatoes;

(iii) the distinctive mark (if any) assigned by the Minister under sub-section (3) of the said section 19 to the registered premises in which such potatoes were packed;

(iv) in the case of seed potatoes, the words "certified seed";

(v) in the case of ware potatoes which are the produce of crops certified as 99.5 per cent. pure and grown on bright soil, the words "special grade, bright soil";

(vi) the customary trade initials of the licensed exporter;

(c) the marks prescribed by the foregoing paragraph shall be applied to the packages either by printing, branding, stencilling, or labelling.

19. For the purposes of section 21 of the Act the provisions of the Fourth Schedule hereto shall have effect.

20.—(1) For the purposes of paragraphs (a) and (b) of section 23 of the Act the provisions of the Fifth Schedule hereto shall have effect.

(2) For the purposes of paragraphs (c) and (d) of section 23 of the Act the following provisions shall have effect, that is to say—

(a) the official seal shall be a seal complying with the following specifications, that is to say—

(i) it shall be circular in form,

(ii) it shall have a diameter of 7/10ths of an inch,

(iii) it shall be made of metal,

(iv) it shall be coloured red,

(v) it shall bear on one side the following—

"DEPARTMENT OF AGRICULTURE, DUBLIN," and on the reverse side the following "CERTIFIED SEED",

(b) the official fastener shall be a seal complying with the following specifications, that is to say—

(i) it shall be circular in form,

(ii) it shall have a diameter of 7/10ths of an inch,

(iii) it shall be made of metal,

(iv) it shall be coloured green,

(v) it shall bear on one side the following

"DEPARTMENT OF AGRICULTURE, DUBLIN," and on the reverse side the following "INSPECTED WARE."

(c) the official seal or official fastener (whichever is appropriate) shall be fastened or placed on every package comprised in a consignment of potatoes passed by an inspector as suitable for consignment in the following manner:—

(i) in case such package is a sack, by affixing it to the stitching by which the mouth of such sack is closed,

(ii) in case such package is not a sack, in such manner as the inspector shall think fit so as to ensure its retention on the package.

Given under my Seal of Office this 23rd day of December, 1931.

(Signed), P. HOGAN,

Minister for Agriculture.

I approve of the foregoing Regulations so far as the same relate to fees.

(Signed), EARNAN DE BLAGHD,

Minister for Finance.

FORM P.1.

FIRST SCHEDULE,

PRESCRIBED FORMS.

AN ROINN TALMHAIOCHTA

(DEPARTMENT OF AGRICULTURE).

FORM OF APPLICATION FOR REGISTRATION OF PREMISES IN THE REGISTER OF POTATO PACKING PREMISES KEPT UNDER THE AGRICULTURAL PRODUCE (POTATOES) ACT, 1931 .

hereby apply to have the premises (b) described on the back hereof registered in the register of Potato Packing Premises.

I/We hereby certify that the particulars given on the back hereof are true to the best of my/our knowledge and belief.

TO/

THE SECRETARY,

DEPARTMENT OF AGRICULTURE,

DUBLIN, C.17.

DESCRIPTION AND SITUATION OF PREMISES INCLUDING THE LIMITS AND EXTENT THEREOF.

(a) If a Company within the meaning of the Companies (Consolidation) Act, 1908, the full description should be given, together with the name of the Secretary. If not such a company, the full name(s) of the proprietor(s) should be given.

(b) If it is desired to have more than one premises registered, separate application must be made in respect of each.

(c) To be signed by a director or secretary in the case of a Company within the meaning of the Companies (Consolidation) Act, 1908; if not such a company, to be signed by the proprietor or proprietors of the business concerned.

(d) State whether Potato Store, Barn, Shed, Potato House or other building.

FORM P.2.

AGRICULTURAL PRODUCE (POTATOES) ACT, 1931 .

FORM OF APPLICATION FOR ALTERATION OR CANCELLATION OF THE REGISTRATION OF PREMISES.

TO/

THE SECRETARY,

DEPARTMENT OF AGRICULTURE,

DUBLIN, C.17.

(a) Insert full name of Registered Proprietor(s) personal representative or liquidator, as the case may be.

(b) Strike out whichever is inapplicable.

(c) If application is for alteration of registration, state nature of alteration desired.

(d) State reason for alteration or cancelation as the case may be.

(e) State whether Registered Proprietor(s), personal representative or liquidator.

FORM P.3.

AN ROINN TALMHAIOCHTA

(DEPARTMENT OF AGRICULTURE).

AGRICULTURAL PRODUCE (POTATOES) ACT, 1931 .

FORM OF APPLICATION FOR AN EXPORTER'S (GENERAL) LICENCE TO EXPORT POTATOES.

I/We (a)............................................................ ............................................................ ...............

............................................................ ............................................................ ......................................

............................................................ ............................................................ ......................................

of ............................................................ ............................................................ ..................................

............................................................ ............................................................ .......................................

............................................................ ............................................................ .......................................

being the registered proprietor(s) of the registered potato packing premises situated at............................................................ .............................. hereby apply, pursuant to Section 6 of the above-mentioned Act for an Exporter's (General) Licence to export potatoes.

I/We enclose (b)............................................................ ...............for £1 10s. od., being the fee payable on application for an exporter's licence in accordance with the provisions of the Act.

To

THE SECRETARY,

DEPARTMENT OF AGRICULTURE,

DUBLIN, C.17.

(a) If a Company within the meaning of the Companies (Consolidation) Act, 1908, the full description should be given, together with the name of the Secretary. If not such a company the full name(s) of the proprietor(s) should be given.

(b) Insert crossed Postal Order, Post Office Money Order, Cheque, or Banker's draft.

(c) To be signed by a director or secretary in the case of a Company within the meaning of the Companies (Consolidation) Act, 1908; if not such a company, to be signed by the proprietor or proprietors of the business concerned.

FORM P.4.

AN ROINN TALMHAIOCHTA

(DEPARTMENT OF AGRICULTURE).

AGRICULTURAL PRODUCE (POTATOES) ACT, 1931 .

EXPORTER'S (GENERAL) LICENCE.

No.........................

F. J. MEYRICK,

Secretary.

.....................................

Authorised Officer.

FORM P.5.

AN ROINN TALMHAIOCHTA

(DEPARTMENT OF AGRICULTURE).

AGRICULTURAL PRODUCE (POTATOES) ACT, 1931 .

FORM OF APPLICATION FOR AN EXPORTER'S (GROWER'S) LICENCE TO EXPORT POTATOES.

TO

THE SECRETARY.,

DEPARTMENT OF AGRICULTURE,

DUBLIN, C.17.

(a) Insert crossed Postal Order, Post Office Money Order, Cheque or Banker's draft.

FORM P.6.

AN ROINN TALMHAIOCHTA

(DEPARTMENT OF AGRICULTURE).

AGRICULTURAL PRODUCE (POTATOES) ACT, 1931 .

EXPORTER'S (GROWER'S) LICENCE.

No.........................

F. J. MEYRICK,

Secretary.

................................

Authorised Officer.

FORM P.7.

AN ROINN TALMHAIOCHTA

(DEPARTMENT OF AGRICULTURE).

AGRICULTURAL PRODUCE (POTATOES) ACT, 1931 .

CERTIFICATE OF INDEBTEDNESS.

F. J. MEYRICK,

Secretary

.................................

Authorised Officer.

FORM P.8.

AN ROINN TALMHAIOCHTA

(DEPARTMENT OF AGRICULTURE).

AGRICULTURAL PRODUCE (POTATOES) ACT, 1931 .

CERTIFICATE OF SUITABILITY.

CROPS OF POTATOES GROWN FOR SEED.

(Signature)..........................................

Potato Inspector.

N.B.—No liability attaches to the Minister for Agriculture or any of his Officers in respect of this Certificate, which relates to the growing crop at the time of inspection.

FORM P.9.

AN ROINN TALMHAIOCHTA

(DEPARTMENT OF AGRICULTURE).

AGRICULTURAL PRODUCE (POTATOES) ACT, 1931 .

SPECIAL LICENCE TO EXPORT POTATOES.

SPECIFIED CONDITIONS.

1. THIS LICENCE MUST ACCOMPANY THE CONSIGNMENT.

2. This licence will be valid for...................days only from this date.

3.

4.

SECOND SCHEDULE.

PART I.

GRADING OF SEED POTATOES.

1. Seed potatoes shall be graded according, as nearly as possible, to size.

2. The following seed potatoes may be graded by hand, that is to say—

(a) seed potatoes of the following varieties, namely, Arran Crest, Arran Pilot, Beauty of Hebron, Di Vernon, Duke of York, Early Rose, May Queen, Ninety-fold and Puritan;

(b) where it is shown to the satisfaction of an Inspector that the purchaser requires seed potatoes of a size exceeding 2 inches in diameter or less than 1¼ inches in diameter, seed potatoes of the size so required.

3. Save as provided by the last preceding paragraph, all seed potatoes shall be graded by being passed over a suitable apparatus of the type mentioned in the next succeeding paragraph.

4. The apparatus to be used for grading seed potatoes shall be constructed as follows:—

(a) it shall consist of two riddles, namely, an upper riddle and a lower riddle, so joined together that the upper riddle is immediately over the lower riddle with such space between as may be necessary,

(b) the upper riddle shall not be more than 2 inches in gauge,

(c) the lower riddle shall not be less than 1¼ inches in gauge,

(d) a riddle of 1¾ inches or more in gauge shall have the wires welded where they cross each other.

GRADING OF WARE POTATOES.

5. Ware potatoes shall be graded by being passed over a single riddle having a gauge of 2 inches.

PART II.

CONDITION OR STATE OF POTATOES AT THE TIME OF PACKING.

1. Potatoes shall be in a sufficiently dry condition to permit of determining whether they have been injured by frost, wet or dry rot.

2. Potatoes shall be reasonably free from soil or other extraneous matter.

3. Ware potatoes shall not be packed which are diseased or damaged or mis-shapen or green or "sunburnt," or bearing sprouts.

4. Seed potatoes shall not be packed, which are diseased or damaged or mis-shapen, or bearing sprouts.

PART III.

METHOD AND MANNER OF PACKING POTATOES.

1. Unless in specially approved instances, all potatoes shall be packed in sacks, and each sack shall contain 1 cwt. (112 lb.) of potatoes exclusive of the weight of the sack, and any soil or other extraneous matter which may be contained therein.

2. The mouth of each sack shall be securely sewn, and must not be tied.

3. Sacks shall be clean, sound and sufficiently strong in the opinion of the Inspector to hold the potatoes contained therein intact to their final destination.

THIRD SCHEDULE.

APPROVED NAMES FOR THE COUNTY OR DISTRICT IN WHICH POTATOES WERE GROWN.

FOURTH SCHEDULE.

REGULATIONS FOR THE CONVEYANCE OF POTATOES.

1. The following regulations shall apply to the conveyance of potatoes by road:—

(a) All vehicles shall be clean and dry.

(b) Sufficient covering shall be provided to protect the potatoes from injury by frost or rain.

2. The following regulations shall apply to the conveyance of potatoes by rail:—

(a) Loading and unloading of potatoes shall be conducted in such a manner as to prevent damage to the potatoes or the packages containing them.

(b) All railway waggons shall be clean and dry.

(c) Sufficient covering shall be provided to protect the potatoes from injury by frost or rain.

(d) Open railway waggons shall not be used when there is an apparent risk of frost.

3. The following regulations shall apply to the conveyance of potatoes by ship or canal boat:—

(a) Loading and unloading of potatoes shall be conducted in such a manner as to prevent damage to the potatoes or the packages containing them. Planks shall be provided where necessary to prevent packages of potatoes from being walked upon.

(b) All parts of vessels used for the conveyance of potatoes shall be clean and dry.

(c) Sufficient covering shall be provided to protect potatoes from injury by frost, rain, and sea or canal water.

4. All public carriers shall take reasonable precautions to protect potatoes in their custody from damage arising from any cause.

5. Where occasion arises for re-packing in any stage of transit after the examination of potatoes, detailed particulars of the occurrence and of the consignment as noted on the consignment certificate, shall be communicated by telegram or telephone at once to the Minister, or to the Inspector whose signature appears on the consignment certificate.

FIFTH SCHEDULE.

EXAMINATION REGULATIONS.

1. An inspector to whom a consignment of potatoes is submitted for examination by a licensed exporter shall examine as many packages in such consignment as he may think fit, subject to a minimum of one sack for each ton of potatoes in such consignment. For the purposes of any such examination of a sack, the inspector shall cause the sack to be emptied of its contents.

2. The conditions with which a consignment of potatoes submitted for examination to an inspector by a licensed exporter must comply in order to be passed by such inspector as suitable for export, shall be as follows, that is to say—

(a) the potatoes contained in every package examined by such inspector under the foregoing paragraph and the packages containing the potatoes so examined must comply with the Regulations set out in the Second Schedule to these Regulations, and

(b) the packages containing the potatoes so examined must be marked in the manner prescribed by Regulation 18 of these Regulations.