No. 33/1934:

CREAMERY (AMENDMENT) ACT, 1934

ARRANGEMENT OF SECTIONS

1 Definitions.

2 Travelling creameries.

3 Prohibition of Supply, etc, of milk to illegal creamery.

4 Amendment of section 13 of the Principal Act.

5 Control of use of milk products and by-products.

6 Short title and citation.

AN ACT TO AMEND AND EXTEND THE CREAMERY ACT, 1928 .

[6th September, 1934.]

BE IT ENACTED BY THE OIREACHTAS OF SAORSTÁT EIREANN AS FOLLOWS:—

1.—(1) In this Act—

the expression "the Principal Act" means the Creamery Act, 1928 (No. 26 of 1928), and all references to that Act or any section thereof shall, save where the context otherwise requires, be construed as referring to that Act or section as amended by this Act;

the expression "the Minister" means the Minister for Agriculture;

the word "creamery" has the meaning given to it by section 1 of the Principal Act but with the extension of that meaning mentioned in the next following sub-section of this section.

(2) The word "creamery" both in The Principal Act and in this Act shall include any premises or other place in which plant or equipment for the manufacture of any milk product or by product is provided for use (whether at a particular charge or for any other consideration or free of charge) by an persons or particular persons resorting to such place whether generally or for a particular purpose.

2.—(1) It shall not be lawful for any person to keep, operate, or have in his possession a travelling creamery otherwise than under and in accordance with a licence in that behalf granted to such person by the Minister under this section.

(2) The Minister may, if he so thinks fit, grant to any person a licence to have and operate a travelling creamery or a specified number of travelling creameries, and the Minister may attach to any such licence such conditions and restrictions as he shall think proper and shall specify in such licence.

(3) The Minister may at any time at his absolute discretion revoke a licence granted under this section.

(4) If any person keeps, operates, or has in his possession a travelling creamery in contravention of this section, he shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding fifty pounds together with, in the case of a continuing offence, a further fine not exceeding five pounds for every day during which such offence is continued.

(5) In this section the expression "travelling creamery" means plant and machinery for a creamery mounted (whether permanently or temporarily) on a road vehicle in such manner that such plant and machinery can be operated while on such vehicle.

3.—(1) It shall not be lawful for any person to tender or supply any milk or cream to any creamery which has been established or is being maintained in contravention of section 13 of the Principal Act, and every person who tenders or supplies any milk or cream in contravention of this sub-section shall be guilty of an offence under this sub-section.

(2) It shall not be lawful for any person to use any milk or cream in a creamery which has been established or is being maintained in contravention of section 13 of the Principal Act or to accept any milk or cream for use in any such creamery, and every person who uses or accepts any milk or cream in contravention of this sub-section shall be guilty of an offence under this sub-section.

(3) Every person who is guilty of an offence under either of the Foregoing sub-sections of this section shall be liable on summary conviction thereof to a fine, in the case of a first such offence, not exceeding two pounds or, in the case of a second or any subsequent such offence, not exceeding five pounds.

4.—(1) Where a person is found guilty of an offence under section 13 of the Principal Act, the Court may, either in addition to or in lieu of imposing a fine, order the seizure and forfeiture of all machinery, plant, utensils, and equipment (whether the same are or are not fixtures) suitable for use in a creamery found in the premises in which such offence was committed.

(2) Where a creamery is alleged to be maintained in contravention of section 13 of the Principal Act and the person by whom such creamery is so maintained is not known or cannot conveniently be ascertained, a prosecution for the offence under the said section 13 of so maintaining such creamery may be brought against the person so maintaining such creamery by the description of "the person maintaining a creamery at (a named place)" without naming or further identifying such person, and whenever any such prosecution is so brought, the following provisions shall have effect, that is to say:—

( a ) the summons or other document originating such prosecution may, notwithstanding anything contained in any rule of court, be served by affixing a copy thereof in a prominent position on the outside of the premises in which such creamery is alleged to be maintained and such service shall for all purposes be good and sufficient service;

( b ) if at the hearing of the matter any person appears (whether in person or by solicitor or counsel) and either is proved to be or admits that he is the person maintaining the alleged creamery, the Court may amend the summons or other document aforesaid by inserting therein the name of such person as respondent and make such order on such document as so amended as justice may require;

( c ) if at the hearing of the matter the Court is satisfied that the offence alleged has been or is being committed but no person appears (whether in person or by solicitor or counsel) who is proved to be or admits that he is the person by whom such offence was or is being committed, the Court may order the seizure and forfeiture of all machinery, plant, utensils, and equipment (whether the same are or are not fixtures) suitable for use in a creamery found in the premises in which such offence was or is being committed.

(3) Every seizure and forfeiture of goods under an order under this section shall be effected by the proper officers of the Court and for that purpose such officers may break and enter the premises specified in such order and may use such force as may be necessary therefor.

(4) All goods seized and forfeited under this section shall be delivered to the Minister and may be sold or otherwise disposed of by him in such manner as he shall think proper for the benefit of the Exchequer.

5.—(1) The Minister may by order declare that this section shall apply to any specified description of business which consists wholly or substantially of the working, finishing, or otherwise making available for sale of any specified milk product or by product or the making for sale of any specified description of article of which a specified milk product or by product is an ingredient, and whenever the Minister makes any such order, every business of the description specified in such order shall, so long as such order remains in force, be a business to which this section applies.

(2) The Minister may at any time by order amend or revoke any order made by him under the next preceding sub-section of this section or any amending order made by him under this sub-section.

(3) It shall not be lawful for any person to carry on any business to which this section applies save under and in accordance with a licence in that behalf issued by the Minister under this section.

(4) The Minister may, if and whenever he so thinks fit, issue to any person a licence, authorising such person or any person claiming through or under him to carry on a particular business to which this section applies, and the Minister may attach to any such licence such conditions as he shall think proper and shall specify in such licence.

(5) Every person who carries on in contravention of this section a business to which this section applies shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding one hundred pounds together with, in the case of a continuing offence, a farther fine not exceeding ten pounds for every day during which such offence is continued.

6.—(1) This Act may be cited as the Creamery (Amendment) Act, 1934 .

(2) The Principal Act and this Act may be cited together as the Creamery Acts, 1928 and 1934.