PART I.

Amendment of the Principal Act.

Amendment of section 3 of the Principal Act.

3. — Section 3 of the Principal Act shall not apply to eggs carried or driven by a farmer or his servants from Saorstát Eireann into Northern Ireland in the course of his business as a farmer.

Amendment of section 4 of the Principal Act.

4. —(1) An inspector, inspecting under section 4 of the Principal Act any eggs or any package in any place, may, in addition to or in lieu of all or any of the things which he is authorised by that section to do, do all or any of the following things, that is to say:—

(a) examine any eggs found by him in a package opened by him under the said section, and

(b) detain for so long as may be reasonably necessary for the purpose of such examination, the package so opened and all or any other packages (if any) included there with in the same consignment, and

(c) give a direction in writing to the carrier prohibiting the export of all packages so detained where it appears to such inspector on such examination that there has been a contravention or an attempted contravention of the Principal Act as amended by this Act or of this Act or of any regulation made under those Acts or either of them in relation to such consignment, and that such contravention or attempted contravention extends, where such consignment consists of not more than twenty packages, to one or more or all of such packages or, where such consignment consists of more than twenty packages, to not less than five per cent, of the packages comprised in such consignment.

(2) Whenever an inspector gives a direction under this section to the carrier prohibiting the export of any package of eggs, it shall be the duty of such inspector, where such carrier is not the owner of such package, to notify the consignor of such package of the giving of such direction.

(3) Every person who exports or attempts to export any package of eggs in respect of which a direction prohibiting the export of such package has been given by an inspector under this section 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) Whenever a direction prohibiting the export of a package of eggs has been given to the carrier under this section and such package is, at the time such direction is given, actually loaded on a ship at a port in Saorstát Eireann, the carriage of such package on such ship shall not for the purpose of this section be deemed an exportation of such package if such carrier proves that such package was subsequently returned to and landed at the same port in Saorstát Eireann by him at the first available opportunity and that between the time such package left and was landed at such port it was in the sole charge of such carrier and was not opened or interfered with in any way.

(5) Section 4 of the Principal Act shall be construed and have effect as if—

(a) the words “the whole or” were inserted after the word “forming” in paragraph (c) of sub-section (2) thereof; and

(b) the words “or reasonable delay” were inserted in sub-section (6) thereof after the word “damage” wherever that word occurs in that sub-section.

(6) In the exercise in or upon the premises of any railway or shipping company of the powers conferred on him by this section, an 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.

(7) The expression “this section” wherever it occurs in section 4 of the Principal Act shall mean the said section 4 as amended by this present section and for that purpose every provision of this present section shall be deemed to be an amendment of the said section 4 .

Additional condition of registration in register of exporters.

5. —(1) The Minister shall, before registering any premises in the register of exporters, be satisfied (in addition to the matters mentioned in sub-section (3) of section 7 of the Principal Act) that either the applicant for registration of such premises or one person at least employed by him on such premises is skilled in the business of testing, grading, and packing eggs in accordance with the Principal Act and regulations made thereunder.

(2) Until the expiration of a period of twelve months from the passing of this Act, premises which are registered in the register of exporters at the passing of this Act and continue to be so registered shall not be deemed, for the purposes of section 10 of the Principal Act, to have ceased to be eligible for registration in the register of exporters by reason merely of the fact that neither the registered owner of such premises nor any person employed by him on such premises is skilled in the business of testing, grading, and packing eggs in accordance with the Principal Act and regulations made thereunder.

Reasons for refusal to register premises.

6. —Without prejudice to any other reason for refusal which may arise under the Principal Act or this Act, each of the following shall be a good reason for the refusal by the Minister of an application for the registration of premises in the register of exporters or in the register of preservers, that is to say:—

(a) that such premises were previously so registered and such registration was cancelled by the Minister under the Principal Act or this Act, or

(b) that the person applying for such registration was previously the registered proprietor of other premises so registered and, while he was such registered owner, the registration of such other premises was cancelled by the Minister under the Principal Act or this Act.

Amendment of section 9 of the Principal Act.

7. —Sub-section (8) of section 9 of the Principal Act shall be construed and have effect and be deemed always to have had effect as if the words “next following the year” were inserted therein after the words “in the year.”

Cancellation of registration of premises on bankruptcy.

8. —Whenever the registered proprietor of any premises registered under the Principal Act or under that Act as amended by this Act is adjudicated a bankrupt, the Minister may cancel the registration of such premises.

Notice of intention to cancel registration of premises.

9. —(1) Before altering or cancelling (otherwise than in accordance with an application in that behalf made under section 10 of the Principal Act) the registration of any premises under the Principal Act or this Act, the Minister shall give at least one fortnight's notice in writing of his intention so to alter or cancel such registration to the registered proprietor of such premises or his personal representative (if any) or its liquidator (as the case may be) and shall consider any representations made before the expiration of such notice by such registered proprietor or personal representative or liquidator (as the case may be) and may, if he thinks fit, cause an inquiry to be held in relation to the matter.

(2) A notice of the Minister's intention to cancel or alter registration of premises under the Principal Act or this Act may be served by delivering it to the person to whom it is addressed or by leaving it for him with a person over sixteen years of age on the premises to which it relates or by sending it by post to the person to whom it is addressed at his last known place of abode.

(3) Sub-section (4) of section 10 of the Principal Act is hereby repealed.

Restriction on use of prescribed marks.

10. —(1) A mark prescribed or assigned under section 15 of the Principal Act for the purpose of indicating the premises on which eggs were packed shall be used and shall be placed on eggs or packages of eggs by the following persons only, that is to say, the registered proprietor for the time being of the registered premises for or to which such mark is prescribed or assigned or some person employed by such proprietor for that purpose, and it shall not be lawful for any other person to use such mark or to place such mark on any eggs or packages of eggs.

(2) A mark prescribed under section 15 of the Principal Act to be placed on packages of eggs for the purpose of indicating that such eggs were produced in Saorstát Eireann shall be used and shall be placed on packages of eggs by the following persons only, that is to say, the registered proprietor for the time being of premises registered in the register of exporters or some person employed by such proprietor for that purpose and it shall not be lawful for any other person to use such mark or to place such mark on any packages of eggs.

(3) Every person who uses or places on any eggs or packages of eggs in contravention of this section any mark prescribed or assigned under section 15 of the Principal Act 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 pounds or, at the discretion of the court, to imprisonment for any term not exceeding three months or to both such fine and such imprisonment.

Branding of weights of eggs on packages.

11. —(1) Where a package containing eggs is marked with a mark (in this section called the grade mark) prescribed by regulations made under the Principal Act as -the mark for eggs of a particular grade and there is also marked on such package a mark (in this section called the weight mark) intended to indicate or convey that each great hundred of eggs in such package is greater in weight than the weight prescribed as the minimum weight for a great hundred of eggs belonging to the grade indicated by the grade mark, it shall not be lawful for a registered proprietor to export such package unless each great hundred of eggs contained in such package is not less in weight than the weight indicated by the weight mark.

(2) If any person acts in contravention of this section he 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 or, in the case of a second or any subsequent offence, to a fine not exceeding twenty pounds or, at the discretion of the Court, to imprisonment for any term not exceeding six months or to both such fine and such imprisonment.

(3) In this section the expression “great hundred” means one hundred and twenty.

Amendment of section 17 of the Principal Act.

12. —(1) In addition to the powers conferred on an inspector by sub-section (1) of section 17 of the Principal Act, an inspector shall be entitled at all reasonable times to enter any premises registered in the register of exporters or in respect of which an application for registration in such register has been made, and do all or any of the following things, that is to say:—

(a) search for eggs on such premises;

(b) require the registered proprietor or any person employed by such registered proprietor on such premises to furnish such inspector with such information as to the name and address of any person which such inspector may deem necessary for the purposes of the administration of the Principal Act and this Act.

(2) In addition to the powers conferred on an inspector by sub-section (2) of section 17 of the Principal Act, an inspector shall be entitled at all reasonable times to enter any premises registered in the register of preservers or in respect of which an application for registration in such register has been made and do all or any of the following things, that is to say:—

(a) search for and inspect eggs on such premises;

(b) require the registered proprietor or any person employed by such registered proprietor on such premises to furnish such inspector with such information as to the name and address of any person which such inspector may deem necessary for the purposes of the administration of the Principal Act and this Act.

(3) Every person who obstructs or impedes any inspector in the exercise of any of the powers conferred on him by this section or fails or refuses to give to any inspector on demand any information which such inspector is entitled to demand under this section shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding five pounds.

Amendment of section 18 of the Principal Act.

13. — Section 18 of the Principal Act shall be construed and have effect as if the following sub-section were inserted therein in lieu of sub-section (1) now contained therein, that is to say:—

“(1) Any person who—

(a) sells, exchanges, or barters, or offers or exposes for sale, exchange, or barter any eggs which are externally dirty or which are unfit for human consumption, whether such sale, exchange, or barter is or is not made subject to the condition that the eggs shall pass a particular test; or

(b) being a person engaged in the egg trade, buys or has in his possession on premises on which he carries on such trade any eggs which are externally dirty or which are unfit for human consumption; or

(c) being a person engaged in the egg trade, deposits in any place any eggs which are externally dirty or which are unfit for human consumption; or

(d) consigns for sale on commission or otherwise eggs which are externally dirty or which are unfit for human consumption;

shall be guilty of an offence under this section and shall be punishable accordingly.”

Structural alterations of registered premises.

14. —(1) It shall not be lawful for any person to make, without the previous approval of the Minister, any structural alterations in any premises registered in the register of exporters or the register of preservers.

(2) Every person who makes any structural alterations in any premises in contravention of this section shall be guilty of an offence under this section and be liable on summary conviction thereof to a fine not exceeding ten pounds.