No. 353/1946:

OATMEAL (MAXIMUM PRICES) ORDER, 1946.

OATMEAL (MAXIMUM PRICES) ORDER, 1946.

I, SEÁN F. LEMASS, Minister for Industry and Commerce, in exercise of the powers conferred on me by Article 31 of the Emergency Powers Order, 1939 (S. R. & O. No. 224 of 1939), as amended by the Emergency Powers (No. 173) Order, 1942 (S. R. & O. No. 166 of 1942) (which Orders are continued in force by the Supplies and Services (Temporary Provisions) Act, 1946 (No. 22 of 1946) ), and of every and any other power me in this behalf enabling, hereby order as follows :—

1.—(1) This Order may be cited as the Oatmeal (Maximum Prices) Order, 1946.

(2) This Order shall come into operation on the 23rd day of November, 1946.

2. References in this Order to selling shall be construed as including references to agreeing or offering to sell or to inviting an offer to buy.

3. In this Order—

(a) the expression " flake oatmeal " includes rolled oats ;

(b) the word " oatmeal " when used without qualification, includes pinhead oatmeal, plain oatmeal (coarse, medium or fine), groats, oat flour and any other food (except flake oatmeal) of a kind similar to oatmeal (under whatever description sold) which is suitable for human consumption and is derived wholly or mainly from oats.

4. This Order shall not apply to the following proprietary brands of oat products, that is to say :—

(a) " Baby John Groats " manufactured and packed by G. H. Darmyth & Company, Limited.

(b) " Gordon's Prepared Groats," manufactured and packed by the Lilmar Manufacturing Co., Ltd.

(c) " Marshall's Oat Flour," manufactured and packed by Cereals, Ltd.

(d) " White's R.S.O. Food," manufactured and packed by White, Tomkins and Courage, Ltd.

(e) " Robinson's ' Patent ' Groats," packed by J. and J. Colman (Ireland), Ltd.

(f) "Groat Flour," manufactured and packed by W. P. & R. Odlum, Ltd.

5. This Order shall apply to flake oatmeal and oatmeal whether sold in containers or otherwise and the prices set out in this Order shall, where the flake oatmeal or oatmeal is sold in a container, include the cost of the container, subject, however, to the provisions of the Emergency Powers (Sacks) Order, 1941 (S. R. & O. No. 391 of 1941), as amended by any subsequent Order (whether made before or after this Order), for the time being in force and to the provisions of Article 6 (3) hereunder.

6.—(1) The wholesale price at which any commodity mentioned in the second column of Part I of the First Schedule to this Order may be sold shall not exceed a price calculated at the rate set out opposite such commodity in the third, fourth, fifth, sixth or seventh column, whichever is appropriate having regard to the quantity sold, provided that :—

(a) when the sale is made by a manufacturer the price shall be deemed to include the cost of delivery ;

(b) when the sale is made by a wholesale merchant the price shall be deemed to be an f.o.r. price.

(2) The retail price at which any commodity mentioned in the second column of Part II of the First Schedule to this Order may be sold shall not exceed a price calculated at the rate set out opposite such commodity in the third column, provided that in calculating such price any fraction of a halfpenny shall be regarded as one halfpenny.

(3) This Article shall not apply to flake oatmeal or oatmeal when packed by any person mentioned at any reference number in the Second Schedule to this Order under any proprietary brand mentioned in column 3 and contained in any container mentioned in column 4 of the said Second Schedule.

7.—(1) No person shall sell flake oatmeal or oatmeal when packed by any person mentioned at any reference number in the Second Schedule to this Order under any proprietary brand mentioned in column 3 and contained in any container mentioned in column 4 of the said Second Schedule at prices exceeding the appropriate prices set out in columns 5, 6 and 7, provided that—

(a) when the sale is made by a packer the price shall be deemed to include the cost of delivery ;

(b) when the sale is made by a wholesale merchant the price shall be deemed to be an f.o.r. price.

(2) No person shall sell in any container mentioned in column 4 of the Second Schedule to this Order a quantity of flake oatmeal or oatmeal less than that marked on such container.

8. The Emergency Powers (Oatmeal) (Maximum Prices) Order, 1945 (S. R. & O. No. 246 of 1945), the Emergency Powers (Oatmeal) (Maximum Prices) Order, 1945 (Amendment) (No. 1) Order, 1946 (S. R. & O. No. 11 of 1946) and the Emergency Powers (Oatmeal) (Maximum Prices) Order, 1945 (Amendment) (No. 2) Order, 1946 (S. R. & O. No. 130 of 1946) are hereby revoked.

FIRST SCHEDULE.

PART I.

WHOLESALE PRICES.

PART II.

RETAIL PRICES

SECOND SCHEDULE.

PART I.

FLAKE OATMEAL.

SECOND SCHEDULE.

PART I.

FLAKE OATMEAL.

SECOND SCHEDULE.

PART I.

FLAKE OATMEAL.

SECOND SCHEDULE.

PART I.

OATMEAL.

GIVEN under my Official Seal, this 21st day of November, 1946.

(Signed) SEAN F. LEMASS,

Minister for Industry and Commerce.