04/12/1922:

THE SALE OF DISEASED PLANTS (IRELAND) ORDER, 1922.

THE Department of Agriculture and Technical Instruction for Ireland, in exercise of the powers conferred on them by the Destructive Insects and Pests Acts, 1877 and 1907, and the Provisional Government (Transfer of Functions) Order, 1922, and of all other powers them in this behalf enabling, do hereby, with the concurrence of the Minister for Agriculture, order as follows:—

Commencement.

1. This Order shall come into operation on the fourth day of December, 1922.

Definitions.

2. In this Order:—

" The Department " means the Department of Agriculture and Technical Instruction of Ireland.

" Inspector " means an Inspector of the Department.

" Plant " shall, where the context permits, include tree and shrub, and the fruit, seeds, tubers, bulbs, layers, cuttings or any other parts of the plant.

" Landing " means importation through the post.

" Premises " means land, in a building or buildings, or land with a building or buildings thereon.

" Person " includes a corporation.

" Authorised " means authorised by the Department.

Prohibition of Sale of Diseased Plants, etc.

3. No person shall sell, offer or expose for sale, or cause to be sold, offered or exposed for sale for planting, any plant substantially attacked by any insect or pest mentioned in the Schedule to this Order.

Information to be given as to Diseased Plants

4. Every person who has or has had in his possession or under his charge, and every person who as auctioneer, salesman, nursery-man or otherwise has had in his possession for sale, or has sold, offered or exposed for sale, any plant substantially attacked by any insect or pest mentioned in the Schedule to this Order, shall, if so required in writing by the Department or by an Inspector or other authorised person, give the Department or the Inspector or other authorised person, as the case may be, all such information as he possesses as to the person in whose possession or under whose charge such plant is or has been : provided that any information given under this Article shall not be available as evidence against the person giving the same in any prosecution under this Order, except in respect of an alleged failure to comply with this Article.

Powers of Entry.

5. An Inspector or other authorised person may, upon production if so required of his appointment or authority, enter any premises on which he has reason to believe that an insect or pest mentioned in the Schedule to this Order exists or has recently existed, and examine any plant on such premises.

Action to be taken to prevent sale or movement of Diseased Plants.

6. Any auctioneer, salesman, nurseryman, or other person, on becoming acquainted or being informed by an Inspector or other authorised person that he has in his possession or under his charge any plant substantially attacked by an insect or pest mentioned in the Schedule to this Order shall take steps to prevent the sale or movement of such plant except under the authority of an Inspector, or other authorised person.

Powers to order Destruction and Disinfection.

7.— (1) An Inspector or other authorised person may at any time by notice served on any person who as auctioneer, salesman, nurseryman or otherwise has in his possession for sale, or who offers or exposes for sale, or causes to be offered or exposed for sale for planting any plant which is substantially attacked by an insect or pest mentioned in the Schedule to this Order, require him to adopt such measures as are authorised by this Article and specified in the notice.

(2) A notice under this Article may require the auctioneer, salesman, nurseryman or other person named in the notice to adopt one or more of the following measures, that is to say:—

(a) to destroy the whole or any part of the plant by fire or such other suitable method as may be specified in the notice;

(b) to disinfect the plant to the satisfaction of the Inspector or other authorised person;

(c) to take such other steps as the Inspector may consider necessary to prevent the spread of disease.

(3) Any such notice may appoint the time within which the adoption of any measure thereby prescribed shall be completed.

Service of Notices, etc.

8. For the purpose of this Order a notice shall be deemed to he served on any person if it is delivered to him personally or left for him at his last known place of abode or business, or sent through the post in a letter addressed to him there; and a notice purporting to be signed by an Inspector or other authorised person shall be prima facie evidence that it was signed by him as an Inspector or other authorised person.

Penalties.

9. Every person shall be liable on conviction to a penalty not exceeding ten pounds, who—

(1) sells, offers or exposes for sale or causes to be sold, offered or exposed for sale for planting any plant substantially attacked by any insect or pest mentioned in the Schedule to this Order; or

(2) fails to take such steps as are required under Articles 6 and 7 of this Order, or fails to give information as required by Article 4; or

(3) wilfully obstructs or impedes an Inspector or other authorised person when acting under this Order.

Application of the Order.

10. This Order shall apply to the whole of the area of jurisdiction of the Provisional Government of Ireland.

Short Title.

11. This Order may be cited as the Sale of Diseased Plants (Ireland) Order, 1922.

In witness whereof the Department of Agriculture and Technical Instruction for Ireland have hereunto set their Official Seal this Fourth day of December, 1922.

(Signed) T. P, GILL,

Secretary.

I concur in the foregoing Order.

(Signed) P. HOGAN,

Minister for Agriculture.

SCHEDULE.

A. Fruit and other Tree Pests.

Fruit Tree Cankers (produced by Nectria ditissima. Tul., or

or any species of Monilia.).

Silver Leaf (Stereum purpucreum, Pers.).

Woolly Aphis (Eriosoma lanigerum, Hausm.).

All Scale Insects (Coccidae).

Brown Tail Moth (Nygmia Phacorrhea, Dan.). (Euproctis chrysorrhea).

Rhododendron Fly (Leptobrysa (Stephanitis) rhododendri. Horv. ),

B. Vegetable and Root Pest.

Corky or Powdery Scab of Potatoes (Spongaspora subterranea, Lagerh ).

Onion and Leek Smut (Urocystis cepulae, Frost).

Note.

The sale of plants, etc., attacked by:—

American Gooseberry Mildew (Sphaerotheca morsuvae, Berk.),

Black Currant Mite (Eriophyes ribis, Nal.),

Black Scab or Wart Disease of Potatoes (Synchytrium, endobioticum, Perc.),

is dealt with under the following Orders respectively:—

American Gooseberry Mildew and Black Currant Mite (Ireland) Order of 1912.

Black Scab in Potatoes (Ireland) Order, 1908.