S.I. No. 162/1969:

WHEAT ORDER, 1969.

WHEAT ORDER, 1969.

ARRANGEMENT OF ARTICLES.

Article

1. Short title.

2. Interpretation.

3. Wheat dealer's licence.

4. Agency (wheat) licence.

5. Seed (wheat) assembler's permit.

6. Authorised wheat purchaser.

7. Restriction on sale, disposal or use in certain cases.

8. Restriction on storing, drying or cleaning in certain cases.

9. Restriction on purchase through agency.

10. Provisions relating to licensed agents.

11. Restriction on assembling wheat for sale as seed.

12. Prices (First Schedule).

13. Prices (Second Schedule).

14. Prices (Third and Fourth Schedules).

15. Storage charges, further application of Article 14 (1) and (2), and deductions.

16. Application of Article 14.

17. Payment of price fixed under Article 12 or 13.

18. Permit to purchase.

19. Conditions attached to licence or permit.

FIRST SCHEDULE

Prices at which wheat which has not been artificially dried may be sold by, or purchased from the grower thereof, in the period before 1st November, 1969, to or by any person (other than another grower for use as seed or the holder of a seed (wheat) assembler's permit who is not a licensed miller).

SECOND SCHEDULE

Prices at which artificially dried wheat having a moisture content not exceeding 16 per cent. may, during the period beginning on 1st November, 1969, and ending on 31st August, 1970 be sold by, or purchased from the grower thereof.

THIRD SCHEDULE

Prices at or above which artificially dried wheat having a moisture content not exceeding 16 per cent. may be purchased from licensed wheat dealers.

FOURTH SCHEDULE

Prices at or above which (1) artificially dried wheat having a moisture content, exceeding 16 per cent., and (2) wheat which has not been artificially dried, may be purchased from licensed wheat dealers in the period before 1st November, 1969.

S.I. No. 162 of 1969.

WHEAT ORDER, 1969.

I, NEIL T. BLANEY, Minister for Agriculture and Fisheries, in exercise of the powers conferred on me by section 2 of the Agricultural Produce (Cereals) (Amendment) Act, 1956 (No. 5 of 1956), as adapted by the Agriculture (Alteration of Name of Department and Title of Minister) Order, 1965 ( S.I. No. 146 of 1965 ), hereby order as follows:--

1. This Order may be cited as the Wheat Order, 1969.

2. (1) In this Order--

" agency (wheat) licence " means a licence under Article 4 of this Order;

" authorised wheat purchaser " means a person specified in Article 6 (1) of this Order;

" barrel " means a barrel of 20 stones;

" the Cereals Act " means the Agricultural Produce (Cereals) Act, 1933 (No. 7 of 1933), as amended by any subsequent enactment;

" licensed agent " means, in relation to a licensed mill, the holder of an agency (wheat) licence which relates to that mill;

" licensed mill " means a mill in respect of which a milling licence is granted;

" licensed miller " means a person who is the holder of a milling licence;

" licensed wheat dealer " means a person who is the holder of a wheat dealer's licence;

" milling (home-grown wheat) permit " means a permit granted under section 36 of the Cereals Act;

" milling licence " means a licence granted under section 21 of the Cereals Act;

" the Minister " means the Minister for Agriculture and Fisheries;

" registered distiller " means a person registered in the register of distillers kept under section 45 of the Cereals Act;

" the sale season " means the period commencing on the 14th day of August, 1969, and ending on the 31st day of August, 1970;

" screenings " has the meaning which it customarily has in the milling industry;

" seed (wheat) assemblers permit " means a permit under Article 5 of this Order;

" wheat " means home-grown wheat, harvested in the year 1969, which is millable wheat within the meaning of the Cereals Act;

" wheat dealer's licence " means a licence granted under Article 3 of this Order.

(2) References in this Order to a bushel weight shall be construed as references to such weight determined by means of a weighing instrument of a type corresponding to--

(a) the pattern of the weighing instrument described in the notice of examination of pattern in respect of the certificate numbered 152 issued by the Minister for Industry and Commerce under section 6 of the Weights and Measures Act, 1904,

(b) the pattern of the weighing instrument described in the notice of examination of pattern in respect of the certificate numbered 153 so issued,

(c) the pattern of the weighing instrument described in the notice of examination of pattern in respect of the certificate numbered 268 so issued, or

(d) the pattern of the weighing instrument described in the notice of examination of pattern in respect of the certificate numbered 397 so issued.

3. (1) Subject to the provisions of this Article, the Minister, in his absolute discretion may, upon an application being made therefor in accordance with this Article, grant to any person a licence authorising the licensee to carry on, during the sale season, the business of dealing in wheat.

(2) A wheat dealer's licence shall relate to one set of premises only, being premises which are used by the licensee for the storage and drying of wheat and are, if consisting of more than one building, situate in the same locality.

(3) The Minister shall not grant a wheat dealer's licence unless he is satisfied that the premises specified in the application therefor are suitable for the storage and drying of wheat.

(4) Where a person desires to obtain more than one wheat dealer's licence, he shall send a separate application in respect of each licence.

(5) An application for a wheat dealer's licence shall--

(a) be in writing and be in such form and contain such particulars as the Minister may require,

(b) specify the particular set of premises to which the applicant desires the licence to relate,

(c) be accompanied by the appropriate fee directed by the Minister for Finance to be paid in respect of a wheat dealer's licence,

(d) be sent to the Secretary, Department of Agriculture and Fisheries, Dublin 2.

4. (1) Subject to the provisions of this Article, the Minister, in his absolute discretion may, upon application being made therefor in accordance with this Article, grant to any person a licence authorising the licensee to act during the sale season as the agent of the licensee of a specified licensed mill for the purchase of wheat.

(2) An application for an agency (wheat) licence shall--

(a) be in writing and be in such form and contain such particulars as the Minister may require,

(b) have endorsed thereon the consent, to the application being made, of the licensee of the licensed mill to which it is proposed the licence shall relate,

(c) specify the said licensed mill,

(d) be accompanied by the fee directed by the Minister for Finance to be paid in respect of an agency (wheat) licence,

(e) be sent to the Secretary, Department of Agriculture and Fisheries, Dublin 2.

5. (1) Subject to the provisions of this Article, the Minister, in his absolute discretion, may, upon application being made therefor in accordance with this Article, grant to any person a permit authorising the holder thereof to carry on at specified premises during the sale season the business of assembling wheat for sale as seed.

(2) A seed (wheat) assembler's permit shall relate to one set of premises only, being premises which are used by the holder of the permit for the assembling of wheat as seed and are, if consisting of more than one building, situate in the same locality.

(3) Where a person desires to obtain more than one seed (wheat) assembler's permit, he shall send a separate application in respect of each permit.

(4) An application for a seed (wheat) assembler's permit shall--

(a) be in writing and be in such form and contain such particulars as the Minister may require,

(b) specify the particular set of premises to which the applicant desires the permit to relate,

(c) be sent to the Secretary, Department of Agriculture and Fisheries, Dublin 2.

6. (1) Each of the following persons, and no other person, may, during the sale season, purchase wheat from the grower thereof, that is to say : --

(a) a person who purchases wheat as seed for sowing on land being cultivated by him,

(b) a licensed miller,

(c) a registered distiller,

(d) a licensed what dealer,

(e) a person who is the holder of a seed (wheat) assembler's permit,

(f) a person who is the holder of a permit granted by the Minister under this Order authorising him to purchase a specified quantity of wheat and who purchases such wheat under and in accordance with such permit.

(2) A person shall not, during the sale season, sell any wheat grown by him to any person other than an authorised wheat purchaser.

7. (1) A person shall not, during the sale season, sell or dispose of, or use, any wheat which he has purchased from growers thereof, except under and in accordance with the directions of the Minister.

(2) Paragraph (1) of this Article shall not apply in respect of

(a) any wheat purchased by a person as seed for sowing on land being cultivated by him, or

(b) any wheat sold under Part III of the Agricultural Produce (Cereals) Act, 1936 (No. 30 of 1936).

(3) A person who purchases during the sale season any wheat as seed for sowing on land being cultivated by him shall not, during the sale season, sell or dispose of the wheat, or use it otherwise than as seed for sowing on such land, except with the consent of the Minister.

8. The holder of a wheat dealer's licence shall not, during the sale season store, dry or clean any wheat purchased under the licence by him at any place other than the set of premises to which the licence or any other wheat dealer's licence held by him relates, except with the consent of the Minister.

9. The licensee of a licensed mill shall not, during the sale season, purchase any wheat through the agency of another person, unless that person--

(a) is a regular full-time employee of the licensee, or

(b) is a licensed agent for the mill.

10. (1) A licensed agent for a mill shall not, during the sale season, purchase any wheat for the licensee of the mill except as and when instructed so to do by the licensee.

(2) Where a licensed agent for a mill purchases, during the sale season, any wheat, on the instructions of the licensee of the mill, the licensed agent shall cause the wheat to be brought to such place as the licensee may direct in writing, or if there is no such direction, to the mill.

(3) There shall be paid by the licensee of a licensed mill to a licensed agent for the mill, as commission in respect of the purchase of wheat purchased during the sale season by the agent on the instructions of the licensee, a sum calculated at such rate (for each barrel of the wheat) as may be agreed on by the licensee and the agent.

(4) Where a licensed agent for a mill, on the written instructions of the licensee of the mill, stores in any premises, the property of the licensed agent, any wheat purchased during the sale season by the licensed agent for the licensee, the licensed agent shall be paid, in respect of the storage, a sum calculated at such rate (for each barrel so stored) as may be agreed on by the agent and the licensee, and, in addition, in case the wheat is stored for one month or more, a sum calculated at such rate per barrel (for each complete month during which the wheat is stored) as may be so agreed.

11. A person shall not, during the sale season, assemble, at any premises, by purchase from growers, any wheat for sale as seed, unless he is the holder of a seed (wheat) assembler's permit which relates to those premises.

12. (1) The price per barrel at which wheat which has not been artificially dried and which is of any class specified in the second column of the First Schedule to this Order may, during the sale season, be sold by, or purchased from, the grower thereof, to or by any person (other than another grower for use as seed or the holder of a seed (wheat) assembler's permit who is not a licensed miller) shall, subject to the provisions of this Article be--

(a) in the case of wheat sold before the 1st day of November, 1969--

(i) in case the moisture content of the wheat is 16 per cent. or more but is less than 17 per cent., the price set out in the third column of that Schedule opposite the mention of wheat of that class,

(ii) in case it is 17 per cent. or more but is less than 18 per cent., the price set out in the fourth column of that Schedule opposite the mention of wheat of that class,

(iii) in case it is 18 per cent. or more but is less than 19 per cent., the price set out in the fifth column of that Schedule opposite the mention of wheat of that class,

(iv) in case it is 19 per cent. or more but is less than 20 per cent., the price set out in the sixth column of that Schedule opposite the mention of wheat of that class,

(v) in case it is 20 per cent. or more but is less than 21 per cent., the price set out in the seventh column of that Schedule opposite the mention of wheat of that class,

(vi) in case it is 21 per cent. or more but is less than 22 per cent., the price set out in the eighth column of that Schedule opposite the mention of wheat of that class.

(vii) in case it is 22 per cent. or more but is less than 23 per cent., the price set out in the ninth column of that Schedule opposite the mention of wheat of that class,

(viii) in case it is 23 per cent. or more but is less than 24 per cent., the price set out in the tenth column of that Schedule opposite the mention of wheat of that class,

(ix) in case it is 24 per cent. or more but is less than 25 per cent., the price set out in the eleventh column of that Schedule opposite the mention of wheat of that class, and

(x) in case it is 25 per cent. or more but does not exceed 26 per cent., the price set out in the twelfth column of that Schedule opposite the mention of wheat of that class, and

(b) in the case of wheat sold on or after the 1st day of November, 1969--

(i) in case the moisture content of the wheat is 16 per cent. or more but is less than 17 per cent., the price set out in the third column of that Schedule opposite the mention of wheat of that class increased by 5s. 0d. per barrel.

(ii) in case it is 17 per cent. or more but is less than 18 per cent., the price set out in the fourth column of that Schedule opposite the mention of wheat of that class increased by 5s. 0d. per barrel,

(iii) in case it is 18 per cent. or more but is less than 19 per cent., the price set out in the fifth column of that Schedule opposite the mention of wheat of that class increased by 5s. 0d. per barrel,

(iv) in case it is 19 per cent. or more but is less than 20 per cent., the price set out in the sixth column of that Schedule opposite the mention of wheat of that class increased by 5s. 0d. per barrel,

(v) in case it is 20 per cent. or more but is less than 21 per cent., the price set out in the seventh column of that Schedule opposite the mention of wheat of that class increased by 5s. 0d. per barrel,

(vi) in case it is 21 per cent. or more but is less than 22 per cent., the price set out in the eighth column of that Schedule opposite the mention of wheat of that class increased by 5s. 0d. per barrel,

(vii) in case it is 22 per cent. or more but is less than 23 per cent., the price set out in the ninth column of that Schedule opposite the mention of wheat of that class increased by 5s. 0d. per barrel,

(viii) in case it is 23 per cent. or more but is less than 24 per cent. the price set out in the tenth column of that Schedule opposite the mention of wheat of that class increased by 5s. 0d. per barrel,

(ix) in case it is 24 per cent. or more but is less than 25 per cent., the price set out in the eleventh column of that Schedule opposite the mention of wheat of that class increased by 5s. 0d. per barrel, and

(x) in case it is 25 per cent. or more but does not exceed 26 per cent., the price set out in the twelfth column of that Schedule opposite the mention of wheat of that class increased by 5s. 0d. per barrel.

(2) The price provided for by paragraph (1) of this Article shall be taken to be the price of the wheat delivered by the grower to the purchaser's premises, in case those premises are nearer to the grower's premises than any port, railway station or canal depot, or, in any other case, to the port, railway station or canal depot nearest to the grower's premises.

(3) Where--

(a) the purchaser of wheat from a grower is the licensee of a licensed mill, and

(b) the wheat is purchased by him through a licensed agent for the mill, and

(c) the wheat is, in accordance with the written instructions of the purchaser, to be brought to premises belonging to the licensed agent,

the reference in paragraph (2) of this Article to the purchaser's premises shall be construed as a reference to the premises belonging to the licensed agent.

(4) Where a purchaser takes delivery of wheat at the grower's promises, he shall deduct from the price for the wheat a sum calculated at the rate of 1s 3d. per barrel in respect of the collection and transport of the wheat.

(5) Where the quantity of screenings in wheat purchased by the licensee of a licensed mill (whether acting by himself or through a licensed agent for the mill), a licensed wheat dealer or a registered distiller exceeds 4 per cent., the purchaser shall deduct from the price for the wheat--

(a) in case the quantity of screening does not exceed 5 per cent.--3d. per barrel,

(b) in case it exceeds 5 per cent. but does not exceed 6 per cent.--6d. per barrel,

(c) in case it exceeds 6 per cent. but does not exceed 7 per cent.--9d. per barrel,

and so on.

(6) The price for wheat from which the deduction under paragraph (4) or (5) of this Article is to be made is the price determined in accordance with paragraph (1) of this Article after the bulk of the wheat has been bushelled.

13. The price per barrel at which wheat (being wheat, which has been artificially dried and has, at the time of sale, a moisture content not exceeding 16 per cent.) of any class specified in the second column of the Second Schedule to this Order may, during the period beginning on the 1st day of November, 1969, and ending on the 31st day of August, 1970, be sold by, or purchased from the grower thereof shall, subject to the provisions of Article 15, be the price set out in the third column of that Schedule opposite the mention of wheat of that class.

14. (1) The price per barrel at which wheat (being wheat which has been artificially dried and has at the time of sale a moisture content not exceeding 16 per cent.) of any class specified in the second column of the Third Schedule to this Order may be purchased from a licensed wheat dealer during the sale season shall, subject to the provisions of paragraphs (1) and (3) of Article 15 of this Order, be such price (not being less than the price set out in the third column of that Schedule opposite the mention of wheat of that class) as may be agreed on by the licensed wheat dealer and the purchaser.

(2) The price per barrel at which wheat (being either wheat which has been artificially dried but has at the time of sale a moisture content exceeding 16 per cent., or wheat which has not been artificially dried) of any class specified in the second column of the Fourth Schedule to this Order may, during the sale season, be purchased from a licensed wheat dealer shall, subject to the provisions of Article 15 (3) of this Order, be such price as may be agreed on by the licensed wheat dealer and the purchaser :

Provided that--

(a) in the case of wheat sold before the 1st day of November, 1969--

(i) in case the moisture content of the wheat is 16 per cent. or more but is less than 17 per cent., the price so agreed shall not be less than the price set out in the third column of that Schedule opposite the mention of wheat of that class,

(ii) in case it is 17 per cent. or more but is less than 18 per cent., the price so agreed shall not be less than the price set out in the fourth column of that Schedule opposite the mention of wheat of that class,

(iii) in case it is 18 per cent. or more but is less than 19 per cent., the price so agreed shall not be less than the price set out in the fifth column of that Schedule opposite the mention of wheat of that class,

(iv) in case it is 19 per cent. or more but is less than 20 per cent., the price so agreed shall not be less than the price set out in the sixth column of that Schedule opposite the mention of wheat of that class,

(v) in case it is 20 per cent. or more but is less than 21 per cent., the price so agreed shall not be less than the price set out in the seventh column of that Schedule opposite the mention of wheat of that class,

(vi) in case it is 21 per cent. or more but is less than 22 per cent., the price so agreed shall not be less than the price set out in the eighth column of that Schedule opposite the mention of wheat of that class,

(vii) in case it is 22 per cent. or more but is less than 23 per cent., the price so agreed shall not be less than the price set out in the ninth column of that Schedule opposite the mention of wheat of that class.

(viii) in case it is 23 per cent. or more but is less than 24 per cent., the price so agreed shall not be less than the price set out in the tenth column of that Schedule opposite the mention of wheat of that class,

(ix) in case it is 24 per cent. or more but is less than 25 per cent., the price so agreed shall not be less than the price set out in the eleventh column of that Schedule opposite the mention of wheat of that class, and

(x) in case it is 25 per cent. or more but does not exceed 26 per cent., the price so agreed shall not be less than the price set out in the twelfth column of that Schedule opposite the mention of wheat of that class, and.

(b) in the case of wheat sold on or after the 1st day of November, 1969--

(i) in case the moisture content of the wheat is 16 per cent. or more but is less than 17 per cent., the price so agreed shall not be less than the price set out in the third column of that Schedule opposite the mention of wheat of that class increased by 5s. 0d. per barrel,

(ii) in case it is 17 per cent. or more but is less than 18 per cent., the price so agreed shall not be less than the price set out in the fourth column of that Schedule opposite the mention of wheat of that class increased by 5s. 0d. per barrel,

(iii) in case it is 18 per cent. or more but is less than 19 per cent., the price so agreed shall not be less than the price set out in the fifth column of that Schedule opposite the mention of wheat of that class increased by 5s. 0d. per barrel,

(iv) in case it is 19 per cent. or more but is less than 20 per cent., the price so agreed shall not be less than the price set out in the sixth column of that Schedule opposite the mention of wheat of that class increased by 5s. 0d. per barrel,

(v) in case it is 20 per cent. or more but is less than 21 per cent., the price so agreed shall not be less than the price set out in the seventh column of that Schedule opposite the mention of wheat of that class increased by 5s. 0d. per barrel,

(vi) in case it is 21 per cent. or more but is less than 22 per cent., the price so agreed shall not be less than the price set out in the eighth column of that Schedule opposite the mention of wheat of that class increased by 5s. 0d. per barrel,

(vii) in case it is 22 per cent. or more but is less than 23 per cent., the price so agreed shall not be less than the price set out in the ninth column of that Schedule opposite the mention of wheat of that class increased by 5s. 0d. per barrel,

(viii) in case it is 23 per cent. or more but is less than 24 per cent., the price so agreed shall not be less than the price set out in the tenth column of that Schedule opposite the mention of wheat of that class increased by 5s. 0d. per barrel,

(ix) in case it is 24 per cent. or more but less than 25 per cent., the price so agreed shall not be less than the price set out in the eleventh column of that Schedule opposite the mention of wheat of that class increased by 5s. 0d. per barrel, and

(x) in case it is 25 per cent. or more but does not exceed 26 per cent., the price so agreed shall not be less than the price set out in the twelfth column of that Schedule opposite the mention of wheat of that class increased by 5s. 0d. per barrel.

15. (1) On a purchase or sale of wheat mentioned in Article 13 or in Article 14 (1) of this Order there shall be added by the vendor to the price a charge, in respect of interest and storage charges, calculated at such rate per barrel (for each complete month during which the wheat has been stored by him) as may be agreed on by him and the purchaser.

(2) Where artificially dried wheat is--

(a) during the period beginning on the 1st day of November, 1969, and ending on the 31st day of August, 1970, sold by, or purchased from, the grower thereof, or

(b) during the sale season, sold by a licensed wheat dealer,

and the moisture content of the wheat does not exceed 14½, 15, 15½ or 16 per cent. by more than 0.2 per cent., the moisture content of the wheat may be regarded as not exceeding 14½, 15, 15½ or 16 per cent. (as the case may be), and paragraphs (1) and (2) of Article 14 of this Order and the Third and Fourth Schedules to this Order, shall have effect accordingly.

(3) If on a purchase or sale of wheat mentioned in paragraph (2) of this Article the quantity of screenings in the wheat exceeds 4 per cent. the purchaser shall deduct from the price for the wheat--

(a) in case the quantity of screenings does not exceed 5 per cent.--3d. per barrel,

(b) in case the quantity exceeds 5 per cent., but does not exceed 6 per cent.--6d. per barrel,

(c) in case the quantity exceeds 6 per cent., but does not exceed 7 per cent.--9d. per barrel,

and so on.

(4) The price for wheat from which the deduction under paragraph (3) of this Article is to be made is the price determined by agreement in accordance with Article 13 or 14, of this Order, as may be appropriate, after the bulk of the wheat has been bushelled.

16. Article 14 of this Order shall apply in respect of wheat assembled for use or sale as seed and not disposed of for that purpose subject to the modification that the references therein to a licensed wheat dealer shall be construed as references to any person.

17. Payment of a price fixed under Article 12 or Article 13 of this Order shall be made at the time of delivery less the sum of 15s. 0d. per barrel. That sum shall be retained until the rate of wheat levy is fixed under section 3 of the Agricultural Produce (Cereals) (Amendment) Act, 1958 (No. 24 of 1958), in relation to wheat harvested in the year 1969 and the amount of that levy shall be deducted from the sum retained and any balance paid to the grower.

18. The Minister may from time to time issue to any person a permit to purchase during the sale season a specified quantity of wheat.

19. (1) The Minister may attach to any licence or permit issued by him under this Order such conditions as he thinks fit.

(2) Where conditions are attached to any licence or permit issued by the Minister under this Order, the holder of the licence or permit shall comply with the conditions.

FIRST SCHEDULE

Article 12 (1).

Prices at which wheat which has not been artificially dried may be sold by, or purchased from the grower thereof, in the period before 1st November, 1969 to or by any person (other than another grower for use as seed or the holder of a seed (wheat) assembler's permit who is not a licensed miller).

Article 13.

SECOND SCHEDULE

Prices at which artificially dried wheat having a moisture content not exceeding 16 per cent. may, during the period beginning on 1st November,1969, and ending on 31st August,1970, be sold by, or purchased from the grower thereof.

Article 14 (1).

THIRD SCHEDULE

Prices at or above which artificially dried wheat having a moisture content not exceeding 16 per cent. may be purchased from licensed wheat dealers.

FOURTH SCHEDULE

Article 14 (2).

Prices at or above which (1) artificially dried wheat having a moisture content exceeding 16 per cent., and (2) wheat which has not been artificially dried may be purchased from licensed wheat dealers in the period before 1st November, 1969.

GIVEN under my Official Seal, this 14th day of August, 1969.

NEIL T. BLANEY,

Minister for Agriculture and Fisheries.

EXPLANATORY NOTE.

The Order fixes the prices to be paid to growers for millable wheat of the 1969 harvest and controls the marketing and subsequent disposal of such wheat, including certain resale prices. It also controls the assembly of seed wheat by purchase from growers.