No. 43/1936:

MILK (REGULATION OF SUPPLY AND PRICE) ACT, 1936

ARRANGEMENT OF SECTIONS

PART I PRELIMINARY AND GENERAL

1 Short title.

2 Definitions.

3 Orders.

4 Regulations.

5 Expenses.

PART II REGULATION OF SUPPLY AND WHOLESALE PRICE OF MILK

6 Associated sale and production areas.

7 Provisions consequential on an order amending a milk (joint district) order.

8 Constitution of boards for joint districts.

9 Chairmen or boards.

10 First ordinary members of boards.

11 Election day orders.

12 Election of ordinary members.

13 Method of election of ordinary members.

14 Term of office of ordinary members.

15 Resignation and disqualification of ordinary members.

16 Filling of casual vacancies amongst members.

17 Temporary substitute for ordinary member.

18 Remuneration of ordinary members of boards.

19 Offices and staff of boards.

20 Civil Servants seconded to boards.

21 Prohibition on disclosure of information by members and officers of boards.

22 Procedure of boards.

23 Meetings of boards.

24 Determination of questions by boards.

25 Minutes of meetings of boards.

26 The seals of boards.

27 Accounts, records and reports of boards.

28 Loans by the Minister to boards.

29 Funds to be kept by boards.

30 Registers of producers, retailers and wholesalers.

31 Applications for registration.

32 Fees on applications for registration.

33 Registration of persons and premises.

34 Returns by registered persons.

35 Records to be kept at registered premises.

36 Publication of contents of registers and other matters.

37 Powers of inspection and examination.

38 Change of registration on death or transfer of business.

39 Alteration or cancellation of registration.

40 Provisions in relation to registers and evidence.

41 Returns by and levies payable by registered persons.

42 Recommendations by boards for joint districts as to minimum wholesale prices of milk.

43 Fixing of minimum prices for milk.

44 Restriction on sale of milk in sale districts.

45 Restriction on purchase for resale of milk in sale districts.

46 Restriction on sale of milk in bottles of other person.

47 Provisions in relation to transactions between registered producers and registered retailers and registered wholesalers.

48 Licence.

49 Prosecutions for offences under Part II of this Act.

50 Purchase and sale of milk by boards.

51 Contribution by boards towards schemes for securing the increased consumption of milk.

PART III REGULATION OF RETAIL PRICES OF MILK

52 Milk (retail price) orders.

SCHEDULE

AN ACT TO MAKE PROVISION FOR REGULATING THE SUPPLY AND PRICE OF MILK, AND TO PROVIDE FOR THE IMPOSITION OF LEVIES ON MILK AND TO MAKE PROVISION FOR OTHER MATTERS CONNECTED WITH THE MATTERS AFORESAID.

[14th August, 1936.]

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

PART I PRELIMINARY AND GENERAL

1.—This Act may be cited as the Milk (Regulation of Supply and Price) Act, 1936 .

2.—(1) In this Act—

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

the word "milk" means whole milk, other than whole milk used in the manufacture of condensed milk or dried milk;

the word "inspector" means a person authorised in writing by a board established under Part II of this Act to exercise the power conferred on an inspector;

the word "prescribed" means prescribed by regulations made by the Minister under this Act.

(2) For the purposes of this Act—

( a ) milk dealt with at premises registered in any of the registers kept under the Dairy Produce Act, 1924 (No. 58 of 1924) or at premises in respect of which a licence is granted under section 13 or section 14 of the Creamery Act, 1928 (No. 26 of 1928), shall be deemed to have been produced at such premises, and

( b ) the owner of such premises shall be deemed to be the producer of any milk dealt with thereat,

( c ) where any milk is sold or purchased such milk shall be deemed to have been sold at the place where the purchaser carries on business.

3.—Every order made under this Act shall be laid before Dáil Eireann as soon as may be after it is made and, if a resolution annulling such order is passed by Dáil Eireann within the next subsequent twenty-one days on which Dáil Eireann has sat after such order is so laid before it, such order shall be annulled accordingly, but without prejudice to the validity of anything previously done under such order.

4.—The Minister may by order make regulations in relation to any matter or thing referred to in this Act as prescribed.

5.—All expenses incurred by the Minister 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.

PART II REGULATION OF SUPPLY AND WHOLESALE PRICE OF MILK

Establishment of Joint (Sale and Supply) Districts.

6.—(1) The Minister may, whenever and so often as he thinks proper, by order (in this Part of this Act referred to as a milk (joint district) order) do the following things, that is to say:—

( a ) declare that a particular area specified or delimited in such order shall be a sale district for the purposes of this Part of this Act, and

( b ) declare that a particular area (which may or may not include the whole or any part of the area declared to be a sale district by such order) specified or delimited in such order shall be a production district for the purposes of this Part of this Act, and

( c ) declare that the said two areas shall together be a joint (sale and supply) district for the purposes of this Part of this Act, and

( d ) define (in such manner and by reference to such things as the Minister shall think proper) what shall constitute in relation to milk a retailer and a wholesaler respectively in respect of such sale district, and

( e ) declare that, of the ordinary members of the board to be established under the Part of this Act for such joint (sale and supply) district, either—

(i) such board shall consist of a specified number of producer members, a specified number of retailer members, and a specified number of wholesaler members, or

(ii) if, but only if, the Minister is of opinion that there are then no persons carrying on the business of wholesalers in such sale district such board shall consist of a specified number of producer members and a specified number of retailer members, and

( f ) appoint a day to be for the purposes of this Part of this Act the appointed day in respect of such joint (sale and supply) district, and

( g ) appoint a day to be for the purposes of this Part of this Act the day of entry on office of first elected members in respect of such joint (sale and supply) district.

(2) The number of producer members of a board for a joint (sale and supply) district shall not in any case be less than one-half of the number of the ordinary members of such board.

(3) The Minister may at any time, at his discretion, by order, revoke or amend a milk (joint district) order and, in particular, may by any such amending order alter (whether by addition or subtraction or both addition and subtraction) the area which is a sale district and the area which is a production district by virtue of such order or either of such areas.

(4) In this Act—

the expression "sale district" means an area declared by a milk (joint district) order for the time being in force to be a sale district;

the expression "production district" means an area declared by a milk (joint district) order for the time being in force to be a production district;

the expression "joint district" means an area declared by a milk (joint district) order to be a joint (sale and supply) district;

the expression "the associated sale district" means—

( a ) when used in relation to a joint district, the sale district which forms part of such joint district, and

( b ) when used in relation to a production district, the sale district which, with such production district, forms a joint district,

the expression "the associated production district" means—

( a ) when used in relation to a joint district, the production district which forms part of such joint district, and

( b ) when used in relation to a sale district, the production district which, with such sale district, forms a joint district,

the expression "the appointed day" when used in relation to a joint district means the day appointed to be the appointed day in respect of such joint district by a milk (joint district) order;

the expression "the day of entry on office of first elected members" when used in relation to a joint district means the day appointed to be the day of entry on office of first elected members in respect of such joint district by a milk (joint district) order;

the expression "the appropriate number of producer members" when used in relation to a board for a joint district means the number of producer members specified in the milk (joint district) order which relates to such district;

the expression "the appropriate number of retailer members" when used in relation to the board for a joint district means the number of retailer members specified in the milk (joint district) order which relates to such district;

the expression "the appropriate number of wholesaler members" when used in relation to the board for a joint district means the number of wholesaler members specified in the milk (joint district) order which relates to such district;

the expression "retailer" when used in relation to a sale district means a person who is a retailer as defined in the milk (joint district) order which relates to such sale district;

the expression "wholesaler" when used in relation to a sale district means a person who is a wholesaler as defined in the milk (joint district) order which relates to such sale district.

7.—Whenever, by virtue of an order under this Act revoking or amending a milk (joint district) order, a sale district or part of a sale district ceases to be a sale district or to be included in a sale district (as the case may be), or a production district or part of a production district ceases to be a production district or to be included in a production district (as the case may be), the following provisions shall have effect, that is to say:—

( a ) such cesser shall not affect—

(i) the previous operation of this Act in such sale district or part thereof or in such production district or part thereof (as the case may be) or anything done or suffered under this Act in such district or part, or

(ii) any right, privilege, obligation or liability acquired, accrued or incurred under this Act in such district or part (as the case may be), or

(iii) any penalty, forfeiture or punishment incurred under this Act, or

(iv) any investigation, legal proceeding or remedy in respect of any such right, privilege, obligation, penalty, forfeiture or punishment as aforesaid; and

( b ) any offence under any section of this Act committed before such cesser may be investigated, prosecuted, tried and punished after and notwithstanding such cesser as if such cesser had not occurred.

Boards for Joint Districts.

8.—(1) Whenever a milk (joint district) order is made there shall be established, as on and from the day on which such order comes into force, a board for the joint district to which such order relates, to be called and known by such name as the Minister shall specify in such order, to fulfil in relation to such district the functions assigned to it by this Part of this Act, and references in this Part of this Act to a board and the board for a joint district shall be construed as references to a board established under this section and to the board established under this section for such joint district, respectively.

(2) Every board shall be a body corporate with perpetual succession and an official seal (which shall be judicially noticed) and power to sue and be sued in its corporate name and to hold and dispose of land.

(3) Every board for a joint district shall consist of the following number of members, namely—

( a ) a chairman (in this Part of this Act referred to as the chairman of such board), and

( b ) until the day of entry on office of first elected members in respect of such district, a number of ordinary members equal to the sum of the appropriate number of producer members, the appropriate number of retailer members and the appropriate number of wholesaler members (if any), and

( c ) on and after the day of entry on office of first elected members in respect of such district, the following ordinary members, namely—

(i) the appropriate number of producer members, and

(ii) the appropriate number of retailer members, and

(iii) if, but only if, the milk (joint district) order which relates to such district declares that such board shall include any wholesaler members, the appropriate number of wholesaler members.

9.—The following provisions shall have effect in relation to the chairman of a board, that is to say:—

( a ) the Minister shall, before the milk (joint district) order under which such district is established has come into force and thereafter as occasion requires, nominate a person to be chairman of such board, and

( b ) the chairman of such board shall hold office during the pleasure of the Minister and shall be paid by such board such remuneration and such allowances for expenses as the Minister, after consultation with the Minister for Finance, may from time to time appoint, and

( c ) whenever the chairman of such board is, through ill-health or other sufficient cause, temporarily incapacitated from performing the duties of his office, the Minister may nominate a person during such incapacity to perform the duties of such chairman, and the person so appointed shall during such incapacity have all the powers of the chairman of such board and be deemed for the purposes of this Part of this Act to be the chairman of such board, and there shall be paid by such board to any person so nominated such remuneration and such allowances for expenses as the Minister, after consultation with the Minister for Finance, may appoint.

10.—The following provisions shall have effect in relation to the first ordinary members of the board for a joint district, that is to say:—

( a ) the first ordinary members shall be nominated by the Minister;

( b ) each first ordinary member shall, unless he sooner dies, resigns or becomes disqualified, hold office until the day of entry on office of first elected members in respect of such district;

( c ) whenever a vacancy (in this section referred to as a casual vacancy) occurs before the day of entry on office of first elected members in respect of such district in the membership of the board by reason of the death, resignation or disqualification of an ordinary member, the chairman of such board shall so inform the Minister, and the Minister shall as soon as may be nominate a person to fill such vacancy;

( d ) every person appointed to fill any such casual vacancy shall, unless he sooner dies, resigns or becomes disqualified, hold office until the day of entry on office of first elected members in respect of such district.

11.—(1) The Minister shall make in respect of the board for a joint district an order appointing a day before the day of entry on office of first elected members in respect of such district to be an election day.

(2) The Minister shall, in every third year after the year in which the day appointed under the immediately preceding sub-section to be an election day for a board occurs, make in respect of such board an order appointing a day during each such first mentioned year to be an election day.

(3) In this Part of this Act the expression "election day" when used in relation to a board means a day appointed by an order under this section to be an election day in respect of such board.

12.—(1) On every election day in respect of a board for a joint district—

( a ) there shall be elected to be ordinary members from amongst their number by the persons who are registered on the qualifying date in the register of producers kept by such board the appropriate number of producer members,

( b ) there shall be elected to be ordinary members from amongst their number by the persons who are registered on the qualifying date in the register of retailers kept by such board the appropriate number of retailer members,

( c ) if, but only if, the milk (joint district) order which relates to such district declares that such board shall include any wholesaler members, there shall be elected to be ordinary members from amongst their number by the persons who are registered on the qualifying date in the register of wholesalers kept by such board the appropriate number of wholesaler members.

(2) In this section, the expression "the qualifying date" when used in relation to an election required by this section to be held on an election day (including the first election day) means the first day of the month next preceding the month in which such election day falls.

(3) For the purposes of this Part of this Act the producer members, the retailer members and the wholesaler members (if any) of a board shall each constitute a separate class of ordinary members of such board.

13.—(1) Each election of each class of ordinary members shall be conducted as and be a separate election.

(2) The Minister shall by order make regulations in relation to the manner in which an election of ordinary members is to be conducted and such other matters relating to such election as he thinks proper.

(3) Every election of ordinary members shall be held and take place under and in accordance with regulations made under this section.

14.—(1) Every ordinary member (other than a first ordinary member or a person appointed to fill a casual vacancy) of a board shall, unless he sooner dies, resigns or becomes disqualified, hold office—

( a ) in case he is elected on the first election day, from the day of entry on office of the first elected members until the day following the next election day,

( b ) in case he is elected on any election day (other than the first election day), from the day following his election until the day following the next election day.

(2) An ordinary member retiring on the expiration by effluxion of time of his term of office shall be eligible for re-election.

15.—(1) An ordinary member of a board may at any time resign his office as such member by letter addressed and sent to the secretary of such board and every such resignation shall take effect at the commencement of the meeting of such board held next after the receipt of such letter by the secretary.

(2) If and whenever any ordinary member of a board is adjudged bankrupt, or makes a composition or arrangement with his creditors, or is convicted of an offence under any section contained in this Act, or ceases to be ordinarily resident in Saorstát Eireann or ceases to be registered, in case he is a producer member, in the register of producers kept by such board or, in case he is a retailer member, in the register of retailers kept by such board or, in case he is a wholesaler member, in the register of wholesalers kept by such board, he shall be disqualified from holding the office of ordinary member.

16.—(1) Whenever a vacancy (in this section referred to as a casual vacancy) occurs in the membership of a board by reason of the death, resignation or disqualification of an ordinary member thereof, the chairman shall notify the Minister of such vacancy, and the Minister shall, as soon as may be, appoint, after consultation with such board, such person (being, in case such ordinary member was a producer member, a person registered in the register of producers kept by such board or, in case such ordinary member was a retailer member, a person registered in the register of retailers kept by such board or, in case such ordinary member was a wholesaler member, a person registered in the register of wholesalers kept by such board) as he thinks proper to fill such vacancy.

(2) Every person appointed to fill a casual vacancy shall, unless he sooner dies, resigns or becomes disqualified, hold office as an ordinary member for the residue of the term of office for which the member whose death, resignation or disqualification occasioned the vacancy would have held office if he had not died, resigned or become disqualified.

17.—Whenever it appears to the Minister that on account of illness or for other sufficient reason an ordinary member of a board is temporarily unable to discharge his duties as such member, the Minister may appoint such person (being, in case such ordinary member was a producer member, a person registered in the register of producers kept by such board or, in case such ordinary member was a retailer member, a person registered in the register of retailers kept by such board or, in case such ordinary member was a wholesaler member, a person registered in the register of wholesalers kept by such board) to act as an ordinary member for such period (not exceeding the duration of such inability) as he shall think proper, and every person so appointed to act as an ordinary member of such board shall during the period for which he is so appointed be an ordinary member in the place of such first-mentioned ordinary member.

18.—Every ordinary member of a board shall be paid by such board such allowances for expenses as the Minister, with the consent of the Minister for Finance, may from time to time appoint.

19.—(1) A board may purchase, take on lease, build or otherwise acquire and may equip and maintain such offices and other premises in such places as it considers necessary for the due performance of its functions under this Part of this Act and may sell, lease or otherwise dispose of any such premises which it considers to be no longer necessary for that purpose.

(2) Every board shall have an office for the receipt of communications and notices and shall notify the Minister of the address of such office and any change in that address.

(3) Every board shall appoint a secretary and such and so many other officers, servants, and agents as such board may from time to time consider necessary for the due performance of its functions under this Part of this Act and the secretary and every other officer, servant, and agent so appointed shall hold office upon such terms and subject to such conditions as the Minister shall determine.

(4) There shall be paid by every board to the secretary and other officers, servants and agents of such board such remuneration and such allowances for expenses as the Minister may from time to time appoint.

20.—Where a person serving in the Civil Service of the Government of Saorstát Eireann is seconded for service with a board, such board shall recoup to the Exchequer, in such manner as the Minister for Finance may direct, the salary of such person and also such charges in respect of superannuation and other allowances and gratuities payable under the Superannuation Acts for the time being in force to or in respect of such person as the said Minister shall determine to be proper.

21.—(1) Subject to the provisions of this section, it shall not be lawful for any member or officer of a board to disclose any information in relation to the business of any other person obtained by him in his capacity as such member or officer.

(2) If any person acts in contravention of this section, such person shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding fifty pounds.

(3) Nothing in sub-section (1) of this section shall apply to the disclosure of any information for the purposes of any legal proceedings (whether civil or criminal) taken or proposed to be taken under this Part of this Act.

22.—(1) A board may act notwithstanding one or more vacancies amongst the ordinary members.

(2) Every board shall regulate by standing orders or otherwise the procedure to be observed and the business to be transacted at its meetings.

23.—(1) Every board shall hold its first meeting on such day and at such time and place as the Minister shall appoint.

(2) Subject to the provisions of this section, every board shall hold such and so many meetings and at such times as may be necessary for the proper discharge of its functions under this Act.

(3) The chairman of a board alone shall constitute a quorum at a meeting of such board.

(4) No meeting of a board shall be held unless the chairman of such board is present thereat.

24.—Subject to the provisions of this Part of this Act, every question arising at a meeting of a board shall be determined by a majority of the votes of the members present and voting on the question, and in the case of an equal division of votes the chairman of such board shall have a second or casting vote.

25.—Every board shall keep in a book, to be provided by it for the purpose, minutes of the proceedings at every meeting of such board, and all such minutes shall be signed either at the meeting to which they relate by the chairman of such board or at the next meeting by such chairman, and when so signed shall be admitted in evidence.

26.—(1) Every board shall provide and have a common seal.

(2) The seal of a board shall be authenticated by the signature of the chairman of such board.

(3) Every document purporting to be an instrument made by a board and to be sealed with the seal of such board authenticated in the manner provided by this section shall be received in evidence and shall until the contrary is shown be deemed to be such order or instrument without proof of the authority or signature of the person signing the same.

27.—(1) Every board shall keep all proper books of accounts and other books and records and shall within three months after the end of every calendar year prepare and transmit to the Minister a statement of accounts (duly audited and certified by an auditor appointed by such board with the consent and approval of the Minister) in respect of such year.

(2) Every board shall in each calendar year, at such date and in such form as the Minister may direct, make to the Minister a report of its proceedings under this Part of this Act during the preceding calendar year and the Minister shall lay such report before Dáil Eireann.

(3) Every board shall furnish to the Minister such information, statistics and returns as the Minister may from time to time require.

(4) Every board shall on payment of one shilling furnish to any person a copy of any statement of accounts which has been prepared by it in pursuance of this section.

28.—(1) The Minister may, with the consent of the Minister for Finance, from time to time, out of moneys provided by the Oireachtas, lend to any board such sums of money as he thinks proper.

(2) All moneys lent to a board under this section shall be so lent on such terms and conditions as to time and manner of repayment, rate of interest, security and other matters as the Minister shall, with the consent of the Minister for Finance, appoint.

(3) All moneys received by the Minister in repayment of any moneys lent by him under this section or in payment of interest on or otherwise in relation to such moneys shall be paid into or disposed of for the benefit of the Exchequer in such manner as the Minister for Finance shall direct.

29.—(1) Every board shall keep a fund (in this section referred to as the fund) and shall maintain and manage such fund in accordance with this Act.

(2) All moneys received by a board under this Part of this Act shall be paid by such board into the fund of such board.

(3) There shall be paid out of the fund of such board the following moneys and no other moneys, that is to say, all moneys required by this Part of this Act to be paid by such board and all other expenses incurred by such board in the execution of their powers and duties under this Part of this Act.

(4) A board may for the purpose of meeting charges required by this Part of this Act to be paid out of the fund of such board borrow on the security of such fund.

(5) So much of the fund of a board as in the opinion of such board is for the time being not immediately required for the payment of sums payable out of the said fund under this Part of this Act shall be invested by such board in securities in which trustees are by the law for the time being in force authorised to invest trust funds.

(6) A board may from time to time at their discretion vary or transpose all moneys invested under this section into other investments authorised under this section and may at any time sell and convert into money all or any investments made by them under this section.

(7) All dividends and interest received by a board on investment made by them under this section or in respect of the sale of any such investments shall be paid into the fund of such board.

Registration of producers, retailers and wholesalers.

30.—(1) Every board shall upon its establishment forthwith establish and thereafter maintain and keep—

( a ) a register to be called and known as the register of producers, and

( b ) a register to be called and known as the register of retailers, and

( c ) a register to be called and known as the register of wholesalers.

(2) There shall be entered in every register kept under this section by a board the matters required by this Part of this Act to be entered in such register.

(3) In this Part of this Act—

the expressions "the register of producers", "the register of retailers" and "the register of wholesalers", when used in relation to a board, mean the several registers of those names respectively kept by such board in pursuance of this section;

the expression "register" when used in relation to a board means a register kept by such board in pursuance of this section.

31.—(1) Each of the following persons, that is to say:—

( a ) a person who produces or proposes to produce milk on premises situate in a production district, or

( b ) a person who produces milk on premises situate outside such production district and who, during the period of fifteen months ending on the date of the establishment of the board for the joint district which includes such production district, supplied, on not less than twenty days in each of any eight months in such period, milk to persons carrying on the business of selling milk in the associated sale district,

may, subject to the provisions of this section, apply (but, in the case of a person to whom paragraph (b) of this sub-section applies, not later than six months after the date of such establishment) to such board to be registered in the register of producers in respect of such premises.

(2) Any person who carries on or proposes to carry on at premises situate in a sale district the business of a retailer may, subject to the provisions of this section, apply to the board for the joint district which includes such sale district to be registered in the register of retailers in respect of such premises.

(3) Any person who carries on or proposes to carry on at promises situate in a sale district the business of a wholesaler may, subject to the provisions of this section, apply to the board for the joint district which includes such sale district to be registered in the register of wholesalers in respect of such premises.

(4) A person shall not be entitled to make an application to be registered, in respect of any premises, in any register kept by a board unless such person is registered in a register kept by a local authority in pursuance of the Contagious Diseases (Animals) Acts, 1878 and 1886 or is registered in respect of such premises in the register of dairymen kept by a sanitary authority in pursuance of Part II of the Milk and Dairies Act, 1935 (No. 22 of 1935).

(5) Every application for registration in any register kept by a board shall—

( a ) be made in the prescribed form and contain the prescribed particulars, and

( b ) relate to one premises only.

32.—(1) Every applicant for registration in any register kept by a board shall pay to such board in respect of each application the appropriate fee and the due payment of such fee shall be a condition precedent to the entertainment of the application by such board.

(2) In this section the expression "the appropriate fee" means—

( a ) in relation to an application for registration in the register of producers kept by a board, five shillings, and

( b ) in relation to an application for registration in the register of retailers or the register of wholesalers kept by a board, ten shillings.

33.—(1) Subject to the provisions of this section, a board shall, on receipt of an application for registration in any register kept by it made, under and in accordance with this Act, by a person who is entitled to make such application, enter in such register the name and address of the applicant and particulars of the premises specified in such application in respect of which registration is sought.

(2) In this Part of this Act—

the expressions "registered producer", "registered retailer" and "registered wholesaler" when used in relation to a joint district mean respectively a person registered in the register of producers kept by the board for such joint district, a person registered in the register of retailers kept by such board and a person registered in the register of wholesalers kept by such board.

(3) A board may, at its absolute discretion, refuse an application by a person for registration in any register kept by it in respect of any premises on either or both of the following grounds, that is to say:—

( a ) that such person or any other person was previously registered in respect of such premises in any such register and such registration was cancelled by such board under this Part of this Act,

( b ) that such person was previously registered in any such register in respect of other premises and that such registration was cancelled by such board under this Part of this Act.

34.—(1) The Minister may by order make regulations in relation to all or any of the following matters, that is to say:—

( a ) the returns to be made by persons registered in any register kept by a board;

( b ) the person to whom such returns are to be made;

( c ) the times at which such returns are to be made;

( d ) the forms in which such returns are to be made.

(2) Every person required by regulations made under this section to make any return who fails or refuses to make such return in accordance in all respects with such regulations, or who makes in any such return any statement which is false or misleading in any material respect, shall be guilty of an offence under this section, and shall be liable on summary conviction thereof, in the case of a first offence, to a fine not exceeding ten pounds, and, in the case of a second or any subsequent offence, to a fine not exceeding twenty-five pounds.

35.—(1) It shall be the duty of every person registered in respect of any premises in any register kept by a board to keep or cause to be kept at such premises the prescribed records in the prescribed form and to make or cause to be made in every such record the prescribed entries at or within the prescribed times.

(2) Every record kept in pursuance of this section may be inspected at any time during office hours by an inspector and it shall be the duty of the person liable under this section to keep such record to produce for the inspection of such inspector on demand such record and also all invoices, consignment notes, receipts and other documents (including copies thereof where the originals are not available), reasonably demanded by such inspector for the purpose of verifying any entry in or explaining any omission from such record.

(3) If any person liable under this section to keep a record in respect of any premises—

( a ) fails to keep or cause to be kept such record as is required by this section, or

( b ) fails to make or cause to be made in such record within the time fixed by this section any entry required by this section to be made therein, or

( c ) fails to produce or cause to be produced for the inspection of an inspector on demand any record, document or copy of a document which he is required by this section so to produce, or obstructs any such inspector in the making of such inspection, or

( d ) makes or causes to be made in such record any entry which is false or misleading in any material particular,

such person shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding twenty pounds.

(4) For the purposes of this section—

( a ) inspection of a record or document shall include taking copies thereof or extracts therefrom, and

( b ) a demand for an inspection of a record required by this section to be kept in respect of any premises, or of any other document reasonably demanded by an inspector under this section for the purpose of verifying any entry in or explaining any omission from such record, shall be deemed to have been duly made to the person liable under this section to keep such record if such demand is made verbally at the premises to any individual in the employment of such person, and

( c ) a refusal or failure to produce a record required by this section to be kept in respect of any premises, or of any other document reasonably demanded by an inspector under this section for the purpose of verifying any entry in or any omission from such record, if made or committed by an individual in the employment of the person liable under this section to produce such record or account, shall be deemed to have been made or committed by such person, and

( d ) the expression "office hours" means any time between the hours of ten o'clock in the morning and five o'clock in the afternoon during which business is being carried on or work is being done on the registered premises.

36.—(1) A board may publish, in such manner as it may think fit, in or any of the matters entered in any register or registers kept by it under this Part of this Act, and notice of the cancellation or alteration of registration of any such register.

(2) No individual return or part of a return furnished in pursuance of this Part of this Act shall be published or disclosed except for the purpose of a prosecution under this Act.

(3) A board may, from time to time, collect and publish such statistical information (including statistics derived from returns made pursuant to this Part of this Act) as it may think fit with respect to the extent of the businesses carried on in premises registered in any register kept by it.

(4) So far as is reasonably practicable, no statistical information published under this section shall contain any particulars which would enable any person to identify such particulars as being particulars relating to any individual person, business or concern without the consent in writing of such last-mentioned person or of the proprietor of that business or concern.

37.—(1) Every member of the Gárda Síochána and every inspector is hereby authorised and empowered to do all or any of the following things, that is to say:—

( a ) at all reasonable times to enter upon and have free access to the interior of any premises in which milk is or is believed to be sold, or kept, exposed or stored for sale, or the premises of any person engaged in the business of carrying goods for reward, or any railway waggon, motor lorry, cart or other vehicle used for the conveyance of goods;

( b ) to examine all milk tankards or other receptacles found in any place or vehicle to the interior of which he has access by virtue of this section and in which milk is believed to be;

( c ) to ask of any person having the custody or possession of any milk, milk tankards or other receptacles found in the course of the exercise of any of the powers conferred by this section such questions in relation to such milk, tankards or other receptacles as such member or inspector shall think proper, and to demand and take the name and address of such person and also to demand and take from such person the name and address of the owner of such milk, tankards, or other receptacles.

(2) In the exercise in or upon the premises of any railway or shipping company of the powers conferred on him by this section, every member of the Gárda Síochána and every inspector shall conform to such reasonable requirements of such company as are necessary to prevent the working of the traffic on such premises being obstructed or interfered with.

(3) Every person who shall do any of the following things, that is to say:—

( a ) obstruct or impede any member of the Gárda Síochána or any inspector in the exercise of any of the powers conferred on such member or inspector by this section, or

( b ) fail or refuse to answer to the best of his knowledge and ability any question asked of him by any such member or inspector in exercise of a power in that behalf conferred by this section, or

( c ) give an answer to any such question which is to his knowledge false or misleading, or

( d ) when his own or any other name or address is demanded of him by any such member or inspector in exercise of a power in that behalf conferred by this section fail or refuse to give such name, or fail or refuse to give such address, or give a name or an address which is false or misleading,

shall be guilty of an offence under this section, and shall be liable on summary conviction thereof to a fine not exceeding twenty pounds.

38.—(1) Where any person registered in any register kept by a board dies such board shall, on the application of the personal representative of such person made in such manner and form and containing such particulars as such board may require, insert in the said register the name of such personal representative in lieu of that of such person.

(2) Where the ownership of any business carried on at premises entered in any register kept by a board has been transferred to another person, such board shall, on the application of such person, made in such manner and form and containing such particulars as such board may require, insert in such register the name of such person in lieu of that of the person previously registered therein.

39.—(1) A board may, at any time, alter or cancel the registration of any person in any register kept by it upon the application of such person, or, in the case of an individual, his personal representative or, in the case of a body corporate, the liquidator.

(2) A board may, at any time, without such application as aforesaid alter any registration in any register kept by it in any respect in which such registration appears to such board to be erroneous or misleading.

(3) A board may, at any time, without any such application as aforesaid cancel any registration in any register kept by it if—

( a ) such board is satisfied that the registration was procured through fraud or by misrepresentation; or

( b ) the person registered in such register has ceased to carry on the business in respect of which he was so registered; or

( c ) the person registered in such register, if an individual, has died, or, if a body corporate, has been dissolved and no other person has within three months after such death or dissolution, been registered in the place of the registered person so dead or dissolved; or

( d ) the person registered in such register has been adjudicated a bankrupt; or

( e ) the person registered in such register has been convicted of an offence under any section of this Act; or

( f ) after the expiration of six months from the commencement of Part II of the Milk and Dairies Act, 1935 (No. 22 of 1935) the premises entered in such register are not or have ceased to be registered in a register of dairymen kept by a sanitary authority under the said Part II.

(4) Before altering or cancelling (otherwise than in accordance with an application in that behalf made under this section) the registration of any person, a board shall give at least two weeks' notice in writing to such person or his personal representative (if any) or the liquidator (as the case may be) stating its intention so to alter or cancel such registration and the reasons therefor, and whenever any such notice is so given the following provisions shall have effect, that is to say:—

( a ) such board shall not alter or cancel such registration until the expiration of such notice; and

( b ) where any representations are made within seven days after the service of such notice by the person to whom such notice is given, the following provisions shall have effect, that is to say:—

(i) such board shall consider such representations, and

(ii) unless as a result of such consideration such board decides not to alter or cancel such registration, such board, in case such person, within seven days after the service of such notice, requests that an inquiry be held in relation to the matter and pays to such board a fee of five pounds, shall or, in any other case if such board thinks fit so to do, may cause such inquiry to be held, and

(iii) where such board causes any such inquiry to be held, such board shall not alter or cancel such registration until such inquiry has concluded; and

( c ) the following provisions shall have effect in relation to every inquiry held under this sub-section, that is to say:—

(i) the board which causes such inquiry to be held shall appoint a fit and proper person to hold such inquiry, and the person so appointed shall have power to take evidence on oath which he is hereby authorised to administer;

(ii) such board shall give to the person (in this paragraph referred to as the registered person) in relation to whom such inquiry is to be held, notice of the time and place of the holding of such inquiry, and the registered person shall be entitled to appear at such inquiry by counsel or solicitor and to adduce evidence;

(iii) if as the result of such inquiry such board decides not to alter or cancel the registration of the registered person, such board shall repay to him, in case he has paid a fee under the immediately preceding paragraph, such fee.

(5) A notice of a board's intention to cancel or alter a registration may be served by delivering it to the person to whom it is addressed or by sending it by post to the person to whom it is addressed at his last known place of abode.

40.—(1) Every register kept by a board shall be—

( a ) deemed to be in the proper custody when in the custody of such board, and

( b ) admissible in evidence without further proof on production from the proper custody.

(2) Conclusive evidence of any entry in any register kept by a board may be given in any court or any legal proceedings by the production of a copy of such entry purporting to be certified to be a true copy by the secretary a such board, and it shall not be necessary to prove the signature of such secretary or that he was in fact such secretary.

(3) A certificate purporting to be under the hand of the secretary of a board that any person or any premises specified in such certificate is or are not entered in a specified register kept by such board shall be conclusive evidence of the matters so certified, and it shall not be necessary to prove the signature of such secretary or that he was in fact such secretary.

(4) Any person may—

( a ) inspect any register kept by a board on payment to such board of a fee of one shilling for each inspection;

( b ) obtain from a board a copy certified in manner hereinbefore mentioned to be a true copy of any entry in any register kept by such board on payment to such board of a fee of sixpence for each folio of seventy-two words of the copy;

( c ) obtain from a board such certificate as is hereinbefore, mentioned that any specified person or premises is or are not registered in a specified register kept by such board on payment to such board of a fee of two shillings and sixpence for such certificate.

Levies payable to boards for joint districts by producers, retailers and wholesalers.

41.—(1) Every person who was, during the whole or any part of an accounting period in respect of the board for a joint district, registered in the register of producers kept by such board shall do both the following things, that is to say:—

( a ) send by post to such board not later than seven days after the expiration of such accounting period a return in the prescribed form showing the quantity of milk sold by him during such period to—

(i) any person, other than a person registered in the register of retailers or the register of wholesalers kept by such board, within the associated sale district, and

(ii) any person registered in either or in both such registers;

( b ) pay to such board in accordance with this section a levy calculated at the rate of a prescribed sum for each gallon of milk sold by him during such accounting period to persons other than persons registered in such register of retailers or such register of wholesalers.

(2) Every person who was, during the whole or any part of an accounting period in respect of the board for a joint district, registered in the register of retailers or the register of wholesalers kept by such board shall do both the following things, that is to say:—

( a ) send by post to such board not later than seven days after the expiration of such accounting period a return in the prescribed form showing the quantity of milk which during such accounting period was—

(i) produced and sold by him, and

(ii) acquired by him from any person registered in the register of producers kept by such board, and

(iii) acquired by him from any person other than a person registered in such register of producers, and

( b ) pay to such board, in accordance with this section, a levy calculated at the rate of a prescribed sum for each gallon of milk which during such accounting period was produced and sold by him or acquired by him from persons registered in such register of producers.

(3) As soon as may be after the seventh day after the expiration of an accounting period in respect of the board for a joint district, such board shall make—

( a ) in respect of each person who was, during such period or any part thereof, registered in the register of producers kept by such board and who is liable under sub-section (1) of this section to pay a levy in respect of any milk sold by him during such accounting period (whether such person has or has not made the return required by the said sub-section (1)) a certificate (in this section referred to as a certificate of indebtedness) certifying the amount of the levy so payable by such person for such period, and

( b ) in respect of each person who was, during such period or any part thereof, registered in the register of retailers or the register of wholesalers kept by such board and who is liable under sub-section (2) of this section to pay a levy in respect of any milk produced or purchased by him during such accounting period (whether such person has or has not made the return required by the said sub-section (2)) a certificate (in this section also referred to as a certificate of indebtedness) certifying the amount of the levy so payable by such person for such period.

(4) Every certificate of indebtedness shall be prima facie evidence of all matters purporting to be certified therein, and any document purporting to be a certificate of indebtedness issued under this section shall, on production in any proceedings to recover the amount thereby certified to be payable, be deemed, until the contrary is proved, to be a certificate of indebtedness duly issued under this section and shall be admitted in evidence accordingly.

(5) Whenever the board for a joint district makes a certificate of indebtedness such board shall cause a copy of such certificate to be served on the person to whom such certificate relates, and thereupon the amount of the levy stated in such certificate shall become and be payable by such person to such board within seven days after such service of such certificate and shall, at the expiration of such seven days, be recoverable by such board from such person as a simple contract debt in any court of competent jurisdiction.

(6) If any person registered in any register kept by the board for a joint district—

( a ) fails to make to such board any return which he is required by this section to make, or

( b ) makes any such return which is false or misleading in any material respect, or

( c ) fails to pay within the time appointed by this section any sum payable by him to such board under this section,

such board may cancel the registration of such person in such register.

(7) Whenever the registration of any person in any register kept by the board for a joint district has been cancelled by such board on account of the non-payment of any sum payable by such person to such board under this section, such board shall, if such sum is paid by such person within three months after the date of such cancellation, restore the registration of such person as on and from the date on which the said sum is so paid.

(8) Service of a copy of a certificate made under this section may be made by delivering it to the person to whom it relates or by sending it by post addressed to such person at any place where he carries on business.

(9) Every person who—

( a ) fails to make within the time limited by this section any return which he is required by this section to make, or

( b ) who makes any such return which is false or misleading in any material respect,

shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding twenty-five pounds.

(10) For the purposes of this section, the month commencing on the appointed day in respect of a joint district and every subsequent month shall be an accounting period in respect of the board for such joint district.

Minimum wholesale prices for milk.

42.—(1) The board for a joint district shall, as soon as may be after the date of its establishment and thereafter at such times as it may consider necessary, hold a meeting and determine the prices per gallon which would in the opinion of the board be—

( a ) equitable prices to be paid to registered producers in respect of such district for milk sold by them to registered retailers in respect of such district, and

( b ) equitable prices to be paid to such registered producers for milk sold by them to registered wholesalers in respect of such district.

(2) If at a meeting of a board held in pursuance of the immediately preceding sub-section, for the purpose of determining prices, the members present (excluding the chairman) are not unanimous on the question of determining the said prices, the chairman shall decide the matter, and the decision of the chairman shall be deemed for the purposes of this Act to be the determination of such board.

(3) Every determination of a board under this section shall be forthwith communicated to the Minister.

43.—(1) Where the determination of a board for a joint district under the immediately preceding section has been communicated to the Minister, the Minister shall consider such determination and thereupon the following provision shall have effect, that is to say:—

( a ) in case such determination is the first determination of such board, the Minister shall make an order fixing—

(i) the minimum prices to be paid to registered producers in respect of such district for milk sold by them to registered retailers in respect of such district, and

(ii) the minimum prices to be paid to such registered producers for milk sold by them to registered wholesalers in respect of such district,

( b ) in any other case, the Minister may, if he thinks proper, do any of the following things:—

(i) revoke any order previously made by him under this section and then in force and, if he thinks proper, make a new order fixing the said prices;

(ii) amend any order previously made by him under this section and then in force.

(2) In making any order under this section the Minister may fix different prices in respect of milk sold under different sets of conditions (defined in such manner and by reference to such things as the Minister thinks proper).

(3) In this Act—

the expression "the appropriate statutory minimum price" when used in relation to milk sold by a registered producer in respect of a joint district to a registered retailer or a registered wholesaler in respect of such district, under a particular set of conditions specified in an order made in relation to such district and for the time being in force, means the price, for the time being fixed by such order, of milk when so sold by a registered producer in respect of such district to a registered retailer or registered wholesaler in respect of such district under such set of conditions.

(4) If any person being a registered producer in respect of a joint district sells any milk to any other person being a registered retailer or a registered wholesaler in respect of such district at a price less than the appropriate statutory minimum price, each of such persons shall be severally guilty of an offence under this section and shall be liable on summary conviction thereof to the penalties mentioned in the Schedule to this Act.

(5) If any person being a registered wholesaler in respect of a joint district sells any milk to another person being a registered retailer in respect of such district at a price less than the price which would, if such registered wholesaler were a registered producer in respect of such district, be the appropriate statutory minimum price, each of such persons shall be severally guilty of an offence under this section and shall be liable on summary conviction thereof to the penalties mentioned in the Schedule to this Act.

Restriction on wholesale sale and purchase of milk in sale districts.

44.—(1) On and after the appointed day in respect of a joint district, it shall not be lawful for any person who produces milk to sell in the associated sale district any milk unless—

( a ) such person is registered in the register of producers kept by the board for such joint district and such milk is produced on premises in respect of which he is so registered, or

( b ) such milk is so sold under and in accordance with a licence granted by such board under this Part of this Act, or

( c ) such milk is sold to a servant of such producer for the use of such servant.

(2) If any person acts in contravention of this section such person shall be guilty of an offence under this section and shall be liable on summary conviction thereof to the penalties mentioned the Schedule to this Act.

45.—(1) On and after the appointed day in respect of a joint district, it shall not be lawful for any person, other than a registered retailer or a registered wholesaler in respect of such joint district, to purchase for resale in the associated sale district any milk.

(2) On and after the appointed day in respect of a joint district, it shall not be lawful for any registered retailer or registered wholesaler in respect of such joint district to purchase for resale in the associated sale district any milk from any person unless—

( a ) such person is a registered producer, a registered retailer or a registered wholesaler, in respect of such joint district, or

( b ) such milk is purchased under and in accordance with a licence granted by the Minister under this Part of this Act.

46.—(1) It shall not be lawful for any person to sell or offer for sale any milk contained in a bottle which bears the name or trade mark of some other person unless such milk was obtained in such bottle by such first-mentioned person direct from that other person.

(2) If any person acts in contravention of this section, such person shall be guilty of an offence under this section and shall be liable on summary conviction thereof to, in the case of a first offence under this section, a fine not exceeding five pounds or, in the case of a second or any subsequent offence under this section, a fine not exceeding twenty-five pounds.

47.—(1) On and after the appointed day in respect of a joint district, it shall not be lawful for any registered producer in respect of such joint district to sell any milk to any registered retailer or registered wholesaler in respect of such district unless such milk is so sold under and in accordance with a contract for the purpose made between such registered producer and such registered retailer or registered wholesaler (as the case may be) which has been approved by the chairman of the board for such district under this section.

(2) On and after the appointed day in respect of a joint district, it shall not be lawful for any registered retailer or registered wholesaler in respect of such joint district to purchase any milk from any registered producer in respect of such district unless such milk is so purchased under and in accordance with a contract for the purpose made between such registered retailer or registered wholesaler (as the case may be) and such registered producer which has been approved by the chairman of the board for such district under this section.

(3) If any person acts in contravention of this section such person shall be guilty of an offence under this section and shall be liable on summary conviction thereof to the penalties mentioned in the Schedule to this Act.

(4) The following provisions shall have effect in relation to every contract for the sale of milk made between a registered producer in respect of a joint district and a registered retailer or registered wholesaler in respect of such district where any milk is to be delivered under such contract on or after the appointed day in respect of such district (whether such contract has or has not been entered into before the said appointed day), that is to say:—

( a ) such contract shall be in the prescribed form (if any);

( b ) such contract shall be executed in duplicate;

( c ) the parties to the contract shall send the original and counterpart thereof and a copy thereof to such board;

( d ) on receipt of the said documents, the said chairman shall approve of such contract, if, but only if—

(i) the price per gallon is stated therein;

(ii) such price is not less than the appropriate statutory minimum price;

(iii) the basic quantity of milk to be supplied each day or each week is specified;

(iv) it is a condition of such contract that the price mentioned therein or a specified price which shall not be less than the appropriate statutory minimum price shall be payable for all milk supplied by the vendor to the purchaser in excess of the basic quantity mentioned therein;

( e ) where the said chairman does not approve of the contract he shall return all the said documents to the person by whom they were sent with intimation to that effect;

( f ) where the said chairman approves of such contract he shall—

(i) cause the seal of such board to be affixed to the original and counterpart and return them in to the person by whom the said documents were sent, and such sealing shall be conclusive evidence that such contract has been approved by the said chairman,

(ii) retain the copy of the contract sent to him.

48.—Where the board for a joint district is satisfied that it is desirable in the public interest that milk should be obtained from producers of milk other than registered producers in respect of such district, the said board may grant to any registered retailer or registered wholesaler in respect of such district a licence to purchase a specified quantity of milk from a person not a registered producer or a registered wholesaler in respect of such district, subject however to the condition that the price to be paid for such milk is not less than the appropriate statutory minimum price.

Prosecutions for offences under Part II.

49.—When an offence under any section contained in this Part of this Act is committed by a person who is registered producer, or a registered retailer or a registered wholesaler in respect of a joint district, such offence pay be prosecuted, by or at the suit of the board for such district as prosecutor.

Purchase and sale of milk by boards for joint districts and assistance by such boards of schemes for securing the increased consumption of milk.

50.—A board for a joint district may buy at a price less than the statutory minimum price milk from registered retailers and registered wholesalers in respect of such joint district (who, in the opinion of the board, acquire to a substantial extent the milk in which they deal direct from registered producers in respect of such joint district) and sell or use it for manufacturing purposes.

51.—The board for a joint district may, with the consent of the Minister, bear the whole or part of the cost of any scheme designed to secure the increased consumption of milk in the associated sale district.

PART III REGULATION OF RETAIL PRICES OF MILK

52.—(1) The Minister, after consultation with the Minister for Industry and Commerce, may, whenever and so often as he thinks fit, by order (in this Part of this Act referred to as a milk (retail price) order) fix the maximum price at which milk of a specified kind (defined in such manner and by reference to such things as the Minister shall think proper) may be sold or offered for sale in a specified area when sold offered for sale retail under such set or sets of conditions (defined in such manner and by reference to such things as the Minister shall think proper) as shall be specified in such order, and may so fix different such prices in relation to different such sets of conditions.

(2) The following provisions shall apply in respect of milk (retail price) orders, that is to say:—

( a ) a milk (retail price) order may relate, to more than one kind of milk, and in that case may contain different provisions in relation to each such kind of milk;

( b ) every milk (retail price) order shall specify the area to which such order is to apply, and such area may be either the whole of Saorstát Eireann or any specified part thereof;

( c ) every milk (retail price) order shall be published in the Iris Oifigiúil as soon as may be after it is made;

( d ) every milk (retail price) order shall specify the date on which it is to come into force, and such date shall not be earlier than the date of publication thereof in the Iris Oifigiúil;

( e ) the Minister may, after consultation with the Minister for Industry and Commerce, by order under this paragraph evoke or amend a milk (retail price) order, and the provisions of paragraphs (c) and (d)of this sub-section shall apply to every order made under this paragraph.

(3) Whenever—

( a ) a milk (retail price) order is for the time being in force, and

( b ) such order fixes a maximum price at which milk of the kind specified in such order may be sold or offered for sale in the area which such order applies when sold or offered for sale under a particular set of conditions,

every person who sells or offers for sale any such milk in such area under such set of conditions at a price an excess of such maximum price shall be guilty of an offence under this section, and shall be liable on summary conviction thereof in the case of a first offence under such section, to a fine, not exceeding five pounds, and, in the case of a second or subsequent offence under such section, to a fine not exceeding ten pounds or, at the discretion of the court to imprisonment for any term not exceeding three months or to both such fine and imprisonment.

(4) An offence under this section may be prosecuted by or at the suit of the Minister as prosecutor.

SCHEDULE

PENALTIES FOR CERTAIN OFFENCES UNDER PART II.

A fine not exceeding fifty pounds or, at the discretion of the court, imprisonment for any term not exceeding three months or both such fine and imprisonment.