Wheat Order, 1949.
Statutory Instruments
Source: Statutory Instruments

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paragraphs: This Order may be cited as the Wheat Order, 1949.
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paragraphs: (1) In this Order—
the expression " the Minister " means the Minister for Agriculture ;
the expression " the Cereals Act " means the Agricultural Produce (Cereals) Act, 1933 (No. 7 of 1933), as amended by any subsequent enactment ;
the expression " milling licence " means a licence granted under section 21 of the Cereals Act ;
the expression " licensed miller " means a person who is the holder of a milling licence ;
the expression " registered distiller " means a person registered in the register of distillers kept under section 45 of the Cereals Act ;
the expression " registered wheat dealer " means a person registered in the register of wheat dealers kept under section 45 of the Cereals Act ;
the word " inspector " means a person appointed by the Minister to be an inspector for the purposes of this Order ;
the expression " licensed mill " means a mill in respect of which a milling licence is granted ;
the expression " milling (home-grown wheat) permit " means a permit granted under section 36 of the Cereals Act ;
the word "wheat " means home-grown wheat, harvested in the year 1949, which is millable wheat within the meaning of the Cereals Act ;
the word " barrel " means a barrel of 20 stones ;
the expression " the sale season " means the period commencing on the 15th day of August, 1949, and ending on the 31st day of August, 1950.
(2) References in this Order to the grower of wheat shall in case such wheat has been purchased before being harvested, be construed as references to the purchaser thereof.
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paragraphs: This Order shall not apply in relation to the purchase or sale of wheat by the Minister.
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paragraphs: (1) For the purposes of this Order, the percentage of the moisture content in wheat shall be determined by grinding a representative sample of the wheat and drying it for one hour at 130° Centigrade.
(2) References in this Order to moisture content in wheat shall be construed as references to moisture content in wheat by weight.
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paragraphs: For the purposes of this Order, wheat is hereby divided into the following three grades :—
(a) wheat (in this Order called first grade wheat) having a bushel weight of not less than 57 lb.,
(b) wheat (in this Order called second grade wheat) having a bushel weight of less than 57 lb., but not less than 55 lb.,
(c) wheat (in this Order called third grade wheat) having a bushel weight of less than 55 lb.
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paragraphs: (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 a registered wheat dealer a licence (in this Order called a wheat dealer's licence) authorising the licensee to carry on, during the sale season, the business of dealing in wheat.
(2) Every 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 to any person 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) Every 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, Dublin.
(6) In this Order the expression " licensed wheat dealer " means a person who is the holder of a wheat dealer's licence.
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paragraphs: (1) The Minister, in his absolute discretion, may grant to a registered wheat dealer, who applies therefor in accordance with this Article, a licence (in this Order called an agency (wheat) licence) authorising him to act during the sale season as the agent of the licensee of a specified licensed mill for the purchase of wheat.
(2) The Minister shall not grant more than one agency (wheat) licence to the same person.
(3) Every application for an agency (wheat) licence shall—
(a) be made 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, Dublin.
(4) References in this Order to a licensed agent for a licensed mill shall be construed as references to the holder of an agency (wheat) licence which relates to that mill.
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paragraphs: (1) The Minister, in his absolute discretion, may, upon application being made therefor in accordance with this Article, grant to any person a permit (in this Order called a seed (wheat) assembler's 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) Every seed (wheat) assembler's permit shall relate to one set of premises only being premises which are used by the licensee 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) Every 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, Dublin.
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paragraphs: (1) Each of the following persons (in this Order referred to as authorised wheat purchasers) 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 wheat 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) No person shall during the sale season sell any wheat grown by him to any person other than an authorised wheat purchaser.
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paragraphs: (1) No person, other than a person by whom the wheat is grown or an authorised person, shall, during the sale season, have any wheat in his possession or take any wheat on to his premises.
(2) Each of the following shall be an authorised person for the purposes of this Article, that is to say :—
(a) an authorised wheat purchaser,
(b) the holder of a milling (home-grown wheat) permit,
(c) any person lawfully engaged in the transport of wheat,
(d) any person drying, cleaning or storing wheat with the consent or approval of the Minister on behalf of and on the instructions of any of the persons mentioned in the preceding sub-paragraphs of this paragraph,
(e) any person who purchases seed wheat from a licensed miller, the holder of a seed (wheat) assembler's permit or from a subsequent purchaser of such wheat.
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paragraphs: The licensee of a licensed mill, the quota for which during the cereal year commencing on the 1st day of September, 1949, exceeds one thousand barrels, shall not, except with the consent of the Minister, purchase, during such cereal year, a quantity of wheat in excess of the sum of the following :—
(a) the quantity of wheat which he is required by section 6 of the Agricultural Produce (Cereals) Act, 1935 (No. 26 of 1935), to mill at that mill during such cereal year, and
(b) any wheat purchased by him during such cereal year under section 16 of the said Act,
(c) any wheat purchased by him during such cereal year under Part III of the Agricultural Produce (Cereals) Act, 1936 (No. 30 of 1936),
(d) any wheat which he purchases in accordance with a direction given under Article 3 of the Emergency Powers (No. 117) Order, 1941 (S. R. & O. No. 450 of 1941), as amended by the Emergency Powers (No. 117) Order, 1941 (Amendment) Order, 1941 (S. R. & O. No. 497 of 1941).
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paragraphs: (1) No person shall, except under and in accordance with the directions of the Minister sell, or dispose of, or use during the sale season, any wheat which he has purchased from growers thereof.
(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), or
(c) any wheat sold in accordance with a direction given under Article 3 of the Emergency Powers (No. 117) Order, 1941 (S. R. & O. No. 450 of 1941), as amended by the Emergency Powers (No. 117) Order, 1941 (Amendment) Order, 1941 (S. R. & O. No. 497 of 1941).
(3) A person who purchases during the sale season any wheat as seed for sowing on land being cultivated by him shall not, except with the consent of the Minister, sell or dispose of such wheat or use it otherwise than as seed for sowing on such land.
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paragraphs: The holder of a wheat dealer's licence shall not, except with the consent of the Minister, store, dry or clean, any wheat purchased under such licence by him during the sale season at any place other than the set of premises to which that licence or any other wheat dealer's licence held by him relates.
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paragraphs: 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 such mill.
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paragraphs: (1) A licensed agent for a mill shall not, during the sale season, purchase any wheat for the licensee of that mill except as and when instructed so to do by the licensee.
(2) Whenever a licensed agent for a mill purchases, during the sale season, any wheat, on the instructions of the licensee of that mill, the licensed agent shall cause such wheat to be brought from the grower's premises to such place as the licensee may direct, or if there is no such direction, to such mill.
(3) There may be paid by the licensee of a licensed mill to a licensed agent for such mill, a commission in respect of the purchase of wheat purchased during the sale season by such agent on the instructions of such licensee, a sum not exceeding an amount calculated at the rate of 6d. for each barrel of such wheat.
(4) Where a licensed agent for a mill, on the instructions of the licensee of that 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 may charge, in respect of such storage, a sum not exceeding the following, namely, an amount calculated at the rate of 9d. for each barrel so stored, and, in case the wheat is stored for one month or more, an amount calculated at the rate of 1d. per barrel for each complete month during which the wheat is stored.
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paragraphs: (1) Any licensed miller or licensed wheat dealer who employs any person to distribute sacks to growers of wheat from whom such licensed miller or licensed wheat dealer purchases wheat shall, not later than the 14th day of September, 1949, furnish to the Minister the name and address of each such person.
(2) A licensed miller or licensed wheat dealer shall not pay as remuneration to any person employed by him to distribute sacks to growers of wheat from whom such licensed miller or licensed wheat dealer purchases wheat a sum exceeding an amount calculated at the rate of 3d. for each sack so distributed by such person.
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paragraphs: No person shall, during the sale season assemble, at any premises, any wheat for sale as seed, unless he is the holder of a seed (wheat) assembler's permit which relates to those premises.
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paragraphs: (1) The holder of a seed (wheat) assembler's permit shall not, during the sale season, sell or offer for sale as artificially dried seed wheat any wheat, which has been assembled by him and artificially dried, unless
(a) the moisture content of such wheat was, at the time of sale, not more than 16 per cent.,
(b) such wheat has been kept properly stored by him.
(2) Where the moisture content of wheat at the time of sale exceed 16 per cent., by not more than 0·2 per cent., it shall, for the purposes of paragraph (1) of this Article be regarded at that time as 16 per cent.
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paragraphs: No person shall, during the sale season, sell or offer for sale, as seed, any wheat, the germination of which for the time being is less than 88 per cent.
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paragraphs: For the purposes of this Order, the standard price per barrel for wheat of each grade specified in the First Schedule to this Order shall be the prince set out in the third column of the said First Schedule opposite the mention of wheat of that grade.
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paragraphs: (1) The price per barrel at which wheat of any particular grade may, during the sale season, be sold by, or purchased from the grower thereof, to or by, any person (other than the holder of a seed (wheat) assembler's permit, who is not a licensed miller), shall, subject to the provisions of this Article, be the standard price for wheat of that grade, and no greater or lesser price.
(2) The price mentioned in 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 than any port, railway station or canal depôot to the grower's premises or, in any other case, to the port, railway station or canal depôot 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) such wheat is purchased by him through a licensed agent for such mill, and
(c) such wheat is, in accordance with the 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 premises he shall deduct from the price payable to the grower under paragraph (1) of this Article a sum calculated at a rate not less than 6s. per ton nor more than 8s. per ton 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 such mill) or a licensed wheat dealer exceeds 4 per cent., the purchaser may deduct from the standard price for such wheat—
(a) in case the quantity of screenings does not exceed 5 per cent.—6d. per barrel,
(b) in case such quantity exceeds 5 per cent. but does not exceed 6 per cent.—1s. 0d. per barrel,
(c) in case such quantity exceeds 6 per cent. but does not exceed 7 per cent.—1s. 6d. per barrel,
and so on.
(6) In this Article, the word " screenings " has the meaning which it customarily has in the milling industry.
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paragraphs: (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 16½ per cent.) of any class specified in the second column of the Second Schedule hereto may be sold by a licensed wheat dealer during the sale season shall, subject to the provisions of paragraphs (3) and (5) of this Article, be the price set out in the third column of the said Second Schedule opposite the mention of wheat of that class, and no greater or lesser price.