Agricultural Produce (Cereals) Act, 1938
Acts of the Oireachtas
Source: Acts of the Oireachtas

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paragraphs: —(1) This Act may be cited as the Agricultural Produce (Cereals) Act, 1938.
(2) The Agricultural Produce (Cereals) Acts, 1933 to 1937, and this Act may be cited together as the Agricultural Produce (Cereals) Acts, 1933 to 1938.
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paragraphs: —The Agricultural Produce (Cereals) Acts, 1933 to 1937, and this Act shall be construed together and accordingly every word and expression to which a particular meaning is given by or in those Acts for the purposes of those Acts has, in this Act, the meaning so given to it.
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paragraphs: —Articles prohibited to be imported by virtue of this Act shall be deemed to be included among the goods enumerated and described in the Table of Prohibitions and Restrictions Inwards contained in section 42 of the Customs Consolidation Act, 1876 , and the provisions of that Act, as amended or extended by any subsequent Act, applying to the importation of prohibited or restricted goods, shall apply accordingly.
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paragraphs: —Every order made by the Minister for Industry and Commerce or the Minister for Agriculture under this Act shall be laid before each House of the Oireachtas as soon as may be after it is made, and if a resolution annulling such order is passed by either such House within the next subsequent twenty-one days on which such House has sat after such order is laid before it, such order shall be annulled accordingly, but without prejudice to the validity of anything previously done under such order.
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paragraphs: —All expenses incurred by the Minister for Industry and Commerce or the Minister for Agriculture under this Act shall, to such extent as may be sanctioned by the Minister for Finance, be paid out of moneys provided by the Oireachtas.
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paragraphs: —The enactments set out in the second column of the First Schedule to this Act are hereby repealed to the extent mentioned in the third column of the said Schedule.
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paragraphs: —In this Part of this Act the expression “the Minister” means the Minister for Industry and Commerce.
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paragraphs: —An offence under any section (other than section 12) contained in this Part of this Act may be prosecuted by the Minister.
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paragraphs: —(1) It shall not be lawful for any person to import any flour or wheaten meal unless such flour or wheaten meal is imported under and in accordance with a licence in that behalf granted by the Minister under this Part of this Act.
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paragraphs: —(1) Subject to the provisions of this section it shall not be lawful for any person to import any commodity in the preparation of which wheat or any product of wheat is used unless—
(a) such commodity is imported under and in accordance with a licence in that behalf granted by the Minister under this Part of this Act, or
(b) such commodity is less than five pounds in weight and ten shillings in value, and it either is imported as private effects in passenger's baggage or is imported by parcels post and shown to the satisfaction of the Revenue Commissioners to have been sent by a person who is not a trader dealing in such commodity and to be intended as a gift for the personal use of the person to whom it is addressed.
(2) The Minister may, whenever and so often as he thinks fit, make an order under this sub-section exempting from the operation of sub-section (1) of this section any particular kind (defined in such manner and by reference to such things as the Minister thinks proper) of any commodity in the preparation of which wheat or any product of wheat is used, and whenever any such order is made then, so long as such order is in force, the said sub-section (1) shall have effect in accordance with the terms of such order.
(3) The Minister may by order under this sub-section revoke any order made under sub-section (2) of this section.
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paragraphs: —(1) The Minister may by licence authorise any person, subject to compliance with such conditions as he thinks fit to impose, to import any article, the importation of which is declared by any section contained in this Part of this Act to be unlawful unless imported under and in accordance with a licence granted by the Minister under this Part of this Act, either, as the Minister thinks proper, without limit as to time or quantity, or either of them or within a specified time, or in a specified quantity.
(2) The Minister may at any time revoke any licence granted by him under this section.
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paragraphs: —(1) Where any articles are imported in contravention of this Part of this Act an officer of Customs and Excise may require any person (being the importer or the carrier concerned) to export such articles within a specified time, and if such person fails to comply with such requisition he shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine of fifty pounds.
(2) An offence under this section may be prosecuted by the Revenue Commissioners.
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paragraphs: —In this Part of this Act the expression “the Minister” means the Minister for Agriculture.
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paragraphs: —Any offence under any section (other than section 22) contained in this Part of this Act may be prosecuted by the Minister.
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paragraphs: —(1) It shall not be lawful for any person to import wheat unless—
(a) (i) such person is a registered wheat importer, and
(ii) such wheat is imported under and in accordance with a licence in that behalf granted by the Minister under this Part of this Act, or
(b) such person is the Minister for Industry and Commerce, or
(c) such wheat is imported under and in accordance with a permit in that behalf granted by the Minister under this section.
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paragraphs: —(1) It shall not be lawful for any person to import any maize unless—
(a) such person is a registered maize importer, and
(b) such maize is imported under and in accordance with a licence in that behalf granted by the Minister under this Part of this Act.
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paragraphs: —(1) Subject to the provisions of this section, it shall not be lawful for any person to import any oats, hay or straw (excluding hay or straw used as a packing material and imported with the goods for the packing of which it is used) unless under and in accordance with a licence in that behalf granted by the Minister under this Part of this Act.
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paragraphs: —(1) Each of the following articles shall be an exempted feeding stuff for the purposes of the Fourth Schedule to this Act, that is to say:—
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paragraphs: —(1) Each of the following articles shall be a scheduled feeding stuff for the purposes of this Part of this Act, that is to say:—
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paragraphs: —(1) Subject to the provisions of this section, it shall not be lawful for any person to import any article to which this section applies unless under and in accordance with a licence granted by the Minister under this Part of this Act.
(2) The Minister may, whenever and so often as he thinks fit, make an order under this sub-section exempting from the operation of sub-section (1) of this section any article to which this section applies of a particular kind (defined in such manner and by reference to such things as the Minister thinks proper), and whenever any such order is made then so long as such order is in force the said sub-section (1) shall have effect in accordance with the terms of such order.
(3) The Minister may, whenever and so often as he thinks fit, make an order under this sub-section exempting from the operation of sub-section (1) of this section any article to which this section applies and in respect of which the following conditions are complied with, that is to say:—
(a) that such article is imported by land from Northern Ireland,
(b) that the person so importing such article satisfies the Revenue Commissioners that such article is not imported for re-sale and is being imported solely for the use of such person's own live stock or of the live stock on any farm or premises controlled or managed by him or on which he is employed, and
(c) that such person complies with such conditions (if any) as the Revenue Commissioners may see fit to impose,
and whenever any such order is made then, so long as such order is in force, the said sub-section (1) shall have effect in accordance with the terms of such order.
(4) The Minister may by order under this sub-section revoke any order made under sub-section (2) or sub-section (3) of this section.
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paragraphs: —(1) The Minister may, for the purposes of this Act, do all or any of the following things, that is to say:—
(a) grant to a registered wheat importer a licence to import a specified quantity of wheat,
(b) grant to a registered maize importer a licence to import a specified quantity of maize,
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paragraphs: —(1) Where any articles are imported in contravention of this Part of this Act an officer of Customs and Excise may require any person (being the importer or the carrier concerned) to export such articles within a specified time, and if such person fails to comply with such requisition he shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine of fifty pounds.
(2) An offence under this section may be prosecuted by the Revenue Commissioners,
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paragraphs: —In this Chapter of this Part of this Act the expression “feeding stuff” means any product capable of being used as a feeding stuff for animals.
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paragraphs: —(1) The Minister may, whenever and so often as he thinks proper, by order prohibit the export of any specified feeding stuff otherwise than under and in accordance with a licence in that behalf granted under this Chapter of this Part of this Act, and may so prohibit such export either for so long as such order is in force or for a specified period or for two or more discontinuous periods.
(2) The Minister may at any time by order revoke or amend an order previously made by him under this section, including an order made under this sub-section.
(3) Any order made by the Minister under section 94 of the Agricultural Produce (Cereals) Act, 1933 (No. 7 of 1933), and in force immediately before the passing of this Act shall be deemed to have been made under sub-section (1) of this section and may be revoked or amended by an order made under sub-section (2) of this section, and until so revoked and subject to any such amendment shall continue in force.
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paragraphs: —(1) It shall not be lawful for any person to export or attempt to export any feeding stuff in contravention of an order made under this Chapter of this Part of this Act.
(2) Any officer of Customs and Excise may detain and seize any article being or attempted to be exported in contravention of this section, and for that purpose may open any packet containing, or suspected by him of containing, any such article, and the provisions of the Customs Consolidation Act, 1876 , in relation to the condemnation and disposal of goods seized under that Act shall apply to all articles seized under this section in like manner as if they had been seized under that Act.
(3) The provisions of this section relating to the prohibition of the exportation or attempted exportation of articles shall have effect as though those provisions were included in the Customs Consolidation Act, 1876 , and that Act and any Act amending or extending that Act shall apply accordingly, and if any person shall export or attempt to export any article in contravention of this section, or bring or be in the act of bringing any article to any quay, road or other place whatsoever for the purpose of such exportation or attempted exportation, or shall aid or abet such exportation or attempted exportation, such person shall be liable to the same penalties, detention, and proceedings as those to which a person is liable under section 186 of the Customs Consolidation Act, 1876 , for illegally importing prohibited goods.
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paragraphs: —(1) The Minister may, if he so thinks fit, issue to any person a licence to export within a specified time a specified quantity of any article the export of which is for the time being prohibited by an order made under this Act.
(2) Whenever the Minister issues a licence under this section he may do all or any of the following things, that is to say:—
(a) attach to such licence such conditions as he shall think proper and shall specify in such licence;
(b) limit such licence to specified articles or a specified consignment of articles;
(c) restrict the exportation under such licence to exportation from a specified port or place or by a specified route, or to a specified country or a specified port or place.