No. 15/1961:

AGRICULTURAL PRODUCE (EGGS) ACT, 1961

ARRANGEMENT OF SECTIONS

1 The Principle Act.

2 Marking of fresh eggs.

3 Register of manufacturers.

4 Amendment of the Principle Act.

5 Short title, construction, collective citation and commencement.

AN ACT TO AMEND AND EXTEND THE AGRICULTURAL PRODUCE (EGGS) ACTS, 1939 AND 1955.

[20th June, 1961.]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:—

1.—In this Act "the Principal Act" means the Agricultural Produce (Eggs) Act, 1939 .

2.—(1) Whenever and so long as fresh eggs consigned otherwise than for export are excluded from the application of regulations made under subsection (2) of section 38 of the Principal Act—

( a ) the conditions as respects the marking of eggs contained in paragraphs (b)and (c)of subsection (1) of section 31 of the Principal Act, and

( b ) the provision as respects the making of eggs contained in subsection (7) of the said section 38,

shall not apply in relation to fresh egg consigned otherwise than for export.

(2) The Minister, if he so thinks proper, may from time to time make regulations under subsection (2) of section 38 of the Principal Act, excluding fresh eggs consigned otherwise than for export from the application of regulations made under that subsection, whether before or after the commencement of this Act.

(3) In this section "fresh eggs" has the meaning assigned to it by section 42 of the Principal Act.

3.—(1) section 13 of the Principal Act is hereby amended by the insertion in subsection (1) after paragraph (c)of the following paragraph:

"( cc ) a register to be called and known and in this Act referred to as the register of manufacturers, and".

(2) The Principal Act shall apply and have effect in relation to premises registered, or in respect of which an application has been made for registration, in the Minister of manufacturers subject to the following modifications:

(i) "the register of manufacturers," shall be inserted before "or the register of dealers" in section 17,

(ii) the condition specified in paragraph (c)of subsection (1) of section 19 shall apply only in relation to premises in which eggs are stored,

(iii) paragraph (a)of subsection (3) of the said section 19 shall not apply,

(iv) paragraph (g)of subsection (3) of section 23 shall not apply,

(v) the following paragraph shall be inserted after paragraph (d)in subsection (1) of section 25, namely:

"( dd ) the returns to be made by registered proprietors of premises registered in the register of manufacturers;", and

(vi) regulations made under section 52 shall not apply.

(3) The Principal Act shall be construed and have effect in relation to a registered proprietor of premises registered in the register of manufacturers as if—

(i) "registered proprietor of premises registered in the register of manufacturers" were substituted for "registered dealer" in both places where it occurs in section 16 and "manufacturers" were substituted for "dealers" in both places where it occurs in that section, and

(ii) section 52 provided that regulations under that section were not to apply.

4.—The Principal Act is hereby amended by the insertion after Part V of the following Part:

"Part VI

EGG PRODUCTS.

Interpretation

59. In this Part of this Act "egg products" means such articles manufactured or derived wholly or partly from eggs as may be, and for the time being stand, prescribed as egg, products for the purposes of this Part of this Act.

Prohibition of manufacture of egg products in unregistered premises

60. (1) Subject to any exceptions which may be prescribed, the business of manufacturing or preparing egg products shall not be carried on in premises which are not registered in the register of manufacturers or otherwise than subject to and in accordance with the prescribed conditions.

(2) A person who contravenes subsection (1) of this section shall be guilty of an offence and shall be liable on summary conviction thereof to a fine not exceeding fifty pounds, together with a further fine not exceeding ten pounds for each day on which the offence is continued.

Regulations in relation to testing, grading and packing of egg products

61. (1) The Minister may make regulations in relation to the testing, grading and packing of egg products.

(2) Without prejudice to the generality of subsection (1) of this section, regulations under this section—

( a ) may specify methods by which, the manner and circumstances in which and standards by reference to which testing and grading of egg products is to be carried out,

( b ) may specify methods by which and the manner and circumstances in which egg products are to be packed and may specify marks to be applied to packages or containers for egg products, the manner in which the marks are to be applied and matters to be indicated by the marks,

( c ) may prohibit, subject to such exceptions as may be specified in the regulations—

(i) the despatch from the premises in which they have been manufactured or prepared,

(ii) the sale or offering or exposure for sale, and

(iii) the keeping or storing for sale,

of egg products of a specified grade or grades and of egg products which have not been tested, graded and packed in accordance with the regulations and of egg products which, having been tested in accordance with the regulations, have failed to pass specified tests,

( d ) may prohibit the sale for use for any specified purpose or purposes, the offering or exposure for sale for use for any specified purpose or purposes and the keeping or storing for sale for use for any specified purpose or purposes of egg products of a specified grade or grades and of egg products which, having been tested in accordance with the regulations, have failed to pass specified tests, and

( e ) may be so framed that different regulations apply in relation to different egg products (defined in such manner and by reference to such things as the Minister thinks fit) and that different regulations apply in relation to egg products intended for human consumption and egg products not so intended.

(3) A person who contravenes a regulation under this section shall be guilty of an offence and shall be liable on summary conviction thereof to a fine not exceeding fifty pounds.

Power of inspectors in relation to premises registered or proposed to be registered in the register of manufacturers

62. Section 27 of this Act shall be construed and have effect in relation to premises registered, or in respect of which an application has been made for registration, in the register of manufacturers as if—

( a ) 'egg products (within the meaning of Part VI of this Act)' were substituted for 'eggs' in paragraph (b) of subsection (1), and

( b ) the references to eggs in paragraphs (c), ( d ) and (c)of that subsection included references to egg products and materials intended for use in the manufacture of egg products.

Powers of inspectors in relation to egg products

63. Section 32 of this Act shall be construed and have effect as if the references therein to eggs included references to egg products.

Regulations in relation to bacteriological examination of egg products

64. (1) The Minister may make, regulations in relation to the bacteriological examination of egg products.

(2) Without prejudice to the generality of subsection (1) of this section, regulations under this section—

( a ) may provide for the appointment from time to time by the Minister of qualified persons to be bacteriological examiners for the purposes of the regulations, and may specify the terms of appointment of such persons,

( b ) may specify the circumstances in which fees shall be payable to bacteriological examiners appointed under the regulations, in respect of the examination and testing of samples of egg products submitted to them under the regulations, by the persons submitting them, the amount of the fees (including different amounts for different examinations and tests and in respect of different egg products) and the time for and manner of their payment,

( c ) may provide for the taking of samples of egg products and for the submission of the samples (together with requests for the making of the particular examinations and tests required) to bacteriological examiners appointed under the regulations for examination and testing,

( d ) may Provide for the carrying out of examinations and tests of samples of egg products by bacteriological examiners appointed under the regulations and for the issue by the examiners of certificates (in this section referred to as bacteriological certificates) stating the result of the examinations and tests,

( e ) may prohibit fraudulent tampering with any egg product so as to procure that any sample of it taken under the regulations does not correctly represent the egg product and fraudulent tampering or interference with any sample taken under the regulations,

( f ) may prohibit altering, other than by a bacteriological examiner appointed under the regulations, of bacteriological certificates,

( g ) may prohibit falsely representing that a sample of any egg product has been examined and tested by a bacteriological examiner under the regulations or that a bacteriological certificate has been issued in respect of or relates to a sample of any egg product, and

( h ) may provide that in any legal proceedings the production of a bacteriological certificate purporting to be under the regulations and to be signed by a bacteriological examiner appointed under the regulations, shall be sufficient evidence of the facts stated in the certificate unless any party to the proceedings requires the bacteriological examiner to be called as a witness.

(3) A person who contravenes a regulation under this section shall be guilty of an offence and shall be liable on summary conviction thereof to a fine not exceeding fifty pounds."

5.—(1) This Act may be cited as the Agricultural Produce (Eggs) Act, 1961 .

(2) The Agricultural Produce (Eggs) Acts, 1939 and 1955, and this Act shall be construed together as one Act and may be cited together as the Agricultural Produce (Eggs),Acts, 1939 to 1961.

(3) This Act shall come into operation on such day as the Minister appoints by order.