S.I. No. 137/1955:

WHEAT ORDER, 1955.

WHEAT ORDER, 1955.

I, JAMES M. DILLON, Minister for Agriculture, in exercise of the powers conferred on me by Article 31 of the Emergency Powers Order, 1939 (S. R. & O. No. 224 of 1939), as amended by the Emergency Powers (No. 173) Order, 1942 (S. R. & O. No. 166 of 1942) (which Orders are continued in force by the Supplies and Services (Temporary Provisions) Act, 1946 (No. 22 of 1946)), and of every and any other power me in this behalf enabling, hereby order as follows :--

1. This Order may be cited as the Wheat Order, 1955.

2.--(1) In this Order--

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

the expression " the Cereals Act " means the Agricultural Produce (Cereals) Act, 1933 (No. 7 of 1933), as amended by any subsequent enactment ;

the expression " milling licence " means a licence granted under section 21 of the Cereals Act ;

the expression " licensed miller " means a person who is the holder of a milling licence ;

the expression " registered distiller " means a person registered in the register of distillers kept under section 45 of the Cereals Act ;

the expression " registered wheat dealer " means a person registered in the register of wheat dealers kept under section 45 of the Cereals Act ;

the word " inspector " means a person appointed by the Minister to be an inspector for the purposes of this Order ;

the expression " licensed mill " means a mill in respect of which a milling licence is granted;

the expression " milling (home-grown wheat) permit " means a permit granted under section 36 of the Cereals Act ;

the word " wheat " means home-grown wheat, harvested in the year 1955, which is millable wheat within the meaning of the Cereals Act ;

the word " barrel " means a barrel of 20 stones ;

the expression " the sale season " means the period commencing on the 8th day of August, 1955, and ending on the 31st day of August, 1956.

(2) References in this Order to the grower of wheat shall, in case such wheat has been purchased before being harvested, be construed as references to the purchaser thereof.

(3) References in this Order to a bushel weight shall be construed as references to such weight determined by means of--

(a) a weighing instrument of a type corresponding to the pattern of the weighing instrument certified, by the Minister for Industry and Commerce by Certificate numbered 152 SE, under section 6 of the Weights and Measures Act, 1904, or

(b) a weighing instrument of a type corresponding to the pattern of the weighing instrument certified, by the Minister for Industry and Commerce by Certificate numbered 153 SE, under section 6 of the Weights and Measures Act, 1904.

3. This Order shall not apply in relation to the purchase or sale of wheat by the Minister.

4.--(1) For the purposes of this Order, the percentage of the moisture content in wheat shall be determined by grinding a representative sample of the wheat and drying it for one hour at 130° Centigrade.

(2) References in this Order to moisture content in wheat shall be construed as references to moisture content in wheat by weight.

5.--(1) Subject to the provisions of this Article, the Minister in his absolute discretion may, upon an application being made therefor in accordance with this Article, grant to a registered wheat dealer a licence (in this Order called a wheat dealer's licence) authorising the licensee to carry on, during the sale season, the business of dealing in wheat.

(2) Every wheat dealer's licence shall relate to one set of premises only, being premises which are used by the licensee for the storage and drying of wheat and are, if consisting of more than one building, situate in the same locality.

(3) The Minister shall not grant a wheat dealer's licence to any person unless he is satisfied that the premises specified in the application therefor are suitable for the storage and drying of wheat.

(4) Where a person desires to obtain more than one wheat dealer's licence, he shall send a separate application in respect of each licence.

(5) Every application for a wheat dealer's licence shall--

(a) be in writing and be in such form and contain such particulars as the Minister may require,

(b) specify the particular set of premises to which the applicant desires the licence to relate,

(c) be accompanied by the appropriate fee directed by the Minister for Finance to be paid in respect of a wheat dealer's licence,

(d) be sent to the Secretary, Department of Agriculture, Dublin.

(6) In this Order the expression " licensed wheat dealer " means a person who is the holder of a wheat dealer's licence.

6.--(1) The Minister, in his absolute discretion, may grant to a registered wheat dealer, who applies therefor in accordance with this Article, a licence (in this Order called an agency (wheat) licence) authorising him to act during the sale season as the agent of the licensee of a specified licensed mill for the purchase of wheat.

(2) The Minister shall not grant more than one agency (wheat) licence to the same person.

(3) Every application for an agency (wheat) licence shall--

(a) be made in writing and be in such form and contain such particulars as the Minister may require,

(b) have endorsed thereon the consent, to the application being made, of the licensee of the licensed mill to which it is proposed the licence shall relate,

(c) specify the said licensed mill,

(d) be accompanied by the fee directed by the Minister for Finance to be paid in respect of an agency (wheat) licence,

(e) be sent to the Secretary, Department of Agriculture, Dublin.

(4) References in this Order to a licensed agent for a licensed mill shall be construed as references to the holder of an agency (wheat) licence which relates to that mill.

7.--(1) The Minister, in his absolute discretion, may, upon application being made therefor in accordance with this Article, grant to any person a permit (in this Order called a seed (wheat) assembler's permit) authorising the holder thereof to carry on at specified premises during the sale season the business of assembling wheat for sale as seed.

(2) Every seed (wheat) assembler's permit shall relate to one set of premises only being premises which are used by the licensee for the assembling of wheat as seed and are, if consisting of more than one building, situate in the same locality.

(3) Where a person desires to obtain more than one seed (wheat) assembler's permit he shall send a separate application in respect of each permit.

(4) Every application for a seed (wheat) assembler's permit shall--

(a) be in writing and be in such form and contain such particulars as the Minister may require,

(b) specify the particular set of premises to which the applicant desires the permit to relate,

(c) be sent to the Secretary, Department of Agriculture, Dublin.

8.--(1) Each of the following persons (in this Order referred to as authorised wheat purchasers) and no other person may, during the sale season, purchase wheat from the grower thereof, that is to say :--

(a) a person who purchases wheat as seed for sowing on land being cultivated by him,

(b) a licensed miller,

(c) a registered distiller,

(d) a licensed wheat dealer,

(e) a person who is the holder of a seed (wheat) assembler's permit,

(f) a person who is the holder of a permit granted by the Minister under this Order authorising him to purchase a specified quantity of wheat and who purchases such wheat under and in accordance with such permit.

(2) No person shall during the sale season sell any wheat grown by him to any person other than an authorised wheat purchaser.

9.--(1) No person, other than a person by whom the wheat is grown or an authorised person, shall, during the sale season, have any wheat in his possession or take any wheat on to his premises.

(2) Each of the following shall be an authorised person for the purposes of this Article, that is to say :--

(a) an authorised wheat purchaser,

(b) the holder of a milling (home-grown wheat) permit,

(c) any person lawfully engaged in the transport of wheat,

(d) any person drying, cleaning or storing wheat on behalf of and on the instructions of--

(i) any of the persons mentioned in the foregoing subparagraphs (a), (b) and (c), or

(ii) the grower of the wheat,

(e) any person who purchases seed wheat from a licensed miller, the holder of a seed (wheat) assembler's permit or from a subsequent purchaser of such wheat.

10.--(1) No person shall, except under and in accordance with the directions of the Minister, sell, or dispose of, or use during the sale season, any wheat which he has purchased from growers thereof.

(2) Paragraph (1) of this Article shall not apply in respect of--

(a) any wheat purchased by a person as seed for sowing on land being cultivated by him, or

(b) any wheat sold under Part III of the Agricultural Produce (Cereals) Act, 1936 (No. 30 of 1936).

(3) A person who purchases during the sale season any wheat as seed for sowing on land being cultivated by him shall not, except with the consent of the Minister, sell or dispose of such wheat or use it otherwise than as seed for sowing on such land.

11. The holder of a wheat dealer's licence shall not, except with the consent of the Minister, store, dry or clean, any wheat purchased under such licence by him during the sale season at any place other than the set of premises to which that licence or any other wheat dealer's licence held by him relates.

12. The licensee of a licensed mill shall not, during the sale seasons purchase any wheat through the agency of another person, unles, that person--

(a) is a regular full-time employee of the licensee, or

(b) is a licensed agent for such mill.

13.--(1) A licensed agent for a mill shall not, during the sale season, purchase any wheat for the licensee of that mill except as and when instructed so to do by the licensee.

(2) Whenever a licensed agent for a mill purchases, during the sale season, any wheat, on the instructions of the licensee of that mill, the licensed agent shall cause such wheat to be brought to such place as the licensee may direct in writing, or if there is no such direction, to such mill.

(3) There may be paid by the licensee of a licensed mill to a licensed agent for such mill, as commission in respect of the purchase of wheat purchased during the sale season by such agent on the instructions of such licensee, a sum not exceeding an amount calculated at the rate of 9d. for each barrel of such wheat.

(4) Where a licensed agent for a mill, on the written instructions of the licensee of that mill, stores in any premises, the property of the licensed agent, any wheat purchased during the sale season by the licensed agent for the licensee, the licensed agent may charge, in respect of such storage, a sum not exceeding the following, namely, an amount calculated at the rate of 1s. for each barrel so stored, and, in case the wheat is stored for one month or more, an amount calculated at the rate of 2d. per barrel for each complete month during which the wheat is stored.

14. A licensed miller or licensed wheat dealer shall not pay as remuneration to any person employed by him to distribute sacks to growers of wheat from whom such licensed miller or licensed wheat dealer purchases wheat a sum exceeding an amount calculated at the rate of 3d. for each sack so distributed by such person.

15. No person shall, during the sale season assemble, at any premises, by purchase from growers, any wheat for sale as seed, unless he is the holder of a seed (wheat) assembler's permit which relates to those premises.

16.--(1) The holder of a seed (wheat) assembler's permit shall not during the sale season, sell or offer for sale as artificially dried seed wheat any wheat, which has been assembled by him and artificially dried, unless--

(a) the moisture content of such wheat was, at the time of sale, not more than 16 per cent.,

(b) such wheat has been kept properly stored by him.

(2) Where the moisture content of wheat at the time of sale exceeds 16 per cent., by not more than 0·2 per cent., it shall, for the purposes of paragraph (1) of this Article be regarded at that time as 16 per cent.

17. No person shall, during the sale season, sell or offer for sale, as seed, any wheat, the germination of which for the time being is less than 88 per cent.

18.--(1) The price per barrel at which wheat of any class specified in the second column of the First Schedule hereto may, during the sale season, be sold by, or purchased from, the grower thereof, to or by any person (other than another grower for use as seed or the holder of a seed (wheat) assembler's permit who is not a licensed miller) shall, subject to the provisions of this Article, be--

(a) in the case of wheat sold before the 1st day of December, 1955, the price set out in the third column of the said First Schedule,

(b) in the case of wheat sold during the month of December, 1955, the price set out in the fourth column of the said First Schedule, or

(c) in the case of wheat sold on or after the 1st day of January, 1956, the price set out in the fifth column of the said First Schedule,

and no greater or lesser price.

(2) The price provided for by paragraph (1) of this Article shall be taken to be the price of the wheat delivered by the grower to the purchaser's premises, in case those premises are nearer than any port, railway station or canal depot to the grower's premises or, in any other case, to the port, railway station or canal depot nearest to the grower's premises.

(3) Where--

(a) the purchaser of wheat from a grower is the licensee of a licensed mill, and

(b) such wheat is purchased by him through a licensed agent for such mill, and

(c) such wheat is, in accordance with the written instructions of the purchaser, to be brought to premises belonging to the licensed agent,

the reference in paragraph (2) of this Article to the purchaser's premises shall be construed as a reference to the premises belonging to the licensed agent.

(4) Where a purchaser takes delivery of wheat at the grower's premises, he shall deduct from the price for the wheat a sum calculated at the rate of 1s. 0d. per barrel in respect of the collection and transport of the wheat.

(5) Where the quantity of screenings in wheat purchased by the licensee of a licensed mill (whether acting by himself or through a licensed agent for such mill), a licensed wheat dealer or a registered distiller exceeds 4 per cent., the purchaser shall deduct from the price for such wheat--

(a) in case the quantity of screenings does not exceed 5 per cent.--6d. per barrel,

(b) in case such quantity exceeds 5 per cent, but does not exceed 6 per cent.--1s. 0d. per barrel,

(c) in case such quantity exceeds 6 per cent. but does not exceed 7 per cent.--1s. 6d. per barrel,

and so on.

(6) In this Article, the word " screenings " has the meaning which it customarily has in the milling industry.

(7) Where the moisture content of wheat purchased by the licensee of a licensed mill (whether acting by himself or through a licensed agent for such mill), a licensed wheat dealer or a registered distiller exceeds 23 per cent., the purchaser shall deduct from the price for such wheat--

(a) in case the moisture content does not exceed 24 per cent.--1s. 0d. per barrel,

(b) in case it exceeds 24 per cent. but does not exceed 25 per cent.--2s. 0d. per barrel,

(c) in case it exceeds 25 per cent. but does not exceed 26 per cent.--3s. 0d. per barrel,

(d) in case it exceeds 26 per cent. but does not exceed 27 per cent.--5s. 0d. per barrel,

(e) in case it exceeds 27 per cent. but does not exceed 28 per cent.--7s. 6d. per barrel,

(f)in case it exceeds 28 per cent. but does not exceed 29 per cent.--15s. 0d. per barrel,

(g) in case it exceeds 29 per cent. but does not exceed 30 per cent.--18s. 0d. per barrel,

(h) in case it exceeds 30 per cent.--20s. 0d. per barrel.

(8) The price for wheat from which the deduction under paragraph (4), (5), or (7) of this Article is to be made is the price determined in accordance with paragraph (1) of this Article after the bulk of the wheat has been bushelled.

19.--(1) The price per barrel at which wheat (being wheat which has been artificially dried and has at the time of sale a moisture content not exceeding 16½ per cent.) of any class specified in the second column of the Second Schedule hereto may be sold by a licensed wheat dealer during the sale season shall, subject to the provisions of paragraphs (3) and (5) of this Article, be the price set out in the third column of the said Second Schedule opposite the mention of wheat of that class, and no greater or lesser price.

(2) The price per barrel at which wheat (being either wheat which has been artificially dried but has at the time of sale a moisture content exceeding 16½ per cent., or wheat which has not been artificially dried) of any class specified in the second column of the Third Schedule hereto may be sold by a licensed wheat dealer during the part of the sale season beginning on the 1st day of December, 1955, and ending on the 31st day of August, 1956, shall, subject to the provisions of paragraphs (3), (5) and (7) of this Article, be--

(a) in the case of wheat sold during the month of December, 1955, the price set out in the third column of the said Third Schedule opposite the mention of wheat of that class, or

(b) in the case of wheat sold on or after the 1st day of January, 1956, the price set out in the fourth column of the said Third Schedule opposite the mention of wheat of that. class,

and no greater or lesser price.

(3) On a sale of wheat the price for which is fixed by paragraph (1) of this Article, there may be added by the vendor to the price fixed by that paragraph a charge of 6d. per barrel for each complete month during which the wheat has been stored by him.

(4) Where artificially dried wheat is sold by a licensed wheat dealer during the sale season and the moisture content of the wheat does not exceed 15, 15½, 16 or 16½ per cent. by more than 0.2 per cent., the moisture content of the wheat may be regarded as not exceeding 15, 15½, 16 or 16½ per cent. (as the case may be), and paragraphs (1) and (2) of this Article, and the Second and Third Schedules hereto, shall have effect accordingly.

(5) Where the quantity of screenings in wheat purchased from a licensed wheat dealer exceeds 4 per cent., the purchaser shall deduct from the price for such wheat :--

(a) in case the quantity of screenings does not exceed 5 per cent.--6d. per barrel,

(b) in case the quantity exceeds 5 per cent., but does not exceed 6 per cent.--1s. 0d. per barrel,

(c) in case the quantity exceeds 6 per cent., but does not exceed 7 per cent.--1s. 6d. per barrel,

and so on.

(6) In this Article the word "screenings" has the meaning which it customarily has in the milling industry.

(7) Where the moisture content of wheat purchased from a licensed wheat dealer exceeds 23 per cent., the purchaser shall deduct from the price for such wheat :--

(a) in case the moisture content does not exceed 24 per cent.--1s. 0d. per barrel,

(b) in case it exceeds 24 per cent. but does not exceed 25 per cent.--2s. 0d. per barrel,

(c) in case it exceeds 25 per cent. but does not exceed 26 per cent.--3s. 0d. per barrel,

(d) in case it exceeds 26 per cent. but does not exceed 27 per cent.--5s. 0d. per barrel,

(e) in case it exceeds 27 per cent. but does not exceed 28 per cent.--7s. 6d. per barrel,

(f) in case it exceeds 28 per cent. but does not exceed 29 per cent.--15s. 0d. per barrel,

(g) in case it exceeds 29 per cent. but does not exceed 30 per cent.--18s. 0d. per barrel,

(h) in case it exceeds 30 per cent.--20s. 0d. per barrel.

(8) The price for wheat from which the deduction under paragraph (5) or (7) of this Article is to be made is the price determined in accordance with paragraph (1) or (2), whichever is appropriate of this Article.

20. Article 19 of this Order shall apply in respect of wheat assembled for use or sale as seed and not disposed of for that purpose subject to the modification that the references therein to a licensed wheat dealer shall be construed as references to any person.

21. No person shall during the sale season, exchange any wheat or the product of any wheat for any other commodity or exchange any other commodity for any wheat or the product of any wheat.

22. The Minister may from time to time issue to any person a permit to purchase during the sale season a specified quantity of wheat.

23.--(1) The Minister may attach to any licence or permit issued by him under this Order such conditions as he thinks fit.

(2) Where conditions are attached to any licence or permit issued by the Minister under this Order, the holder of such licence or permit shall comply with such conditions.

24.--(1) Every authorised wheat purchaser shall cause to be kept such records of purchases and sales of wheat by him as the Minister may require.

(2) Every licensed agent for a licensed mill shall cause to be kept such records of purchases of wheat by him as the Minister may require.

25.--(1) The Minister may, whenever and as often as he thinks fit, serve on any person, who is an authorised wheat purchaser, a notice requiring him to furnish to the Minister, at such times as may be specified in the notice, periodical or other returns containing such particulars in relation to purchases and sales of wheat by him as may be specified in the notice.

(2) The Minister may, whenever and as often as he thinks fit, serve on any person, who is a licensed agent for a licensed mill, a notice requiring him to furnish to the Minister, at such times as may be specified in the notice, periodical or other returns containing such particulars in relation to purchases of wheat by him as may be specified in the notice.

(3) A notice under this Article may require any return thereunder to be in a form specified in the notice.

(4) When a notice under this Article is served on any person such person shall comply with the requirements of such notice.

26.--(1) The Minister or any person authorised by the Minister to act under this Article may serve on any person (in this paragraph referred to as the responsible person) who is the owner or occupier of any premises a notice in writing requiring the responsible person to furnish within a specified time to such person or authority as may be specified in the notice a return giving the following particulars, that is to say :--

(a) the kinds of wheat on such premises on a specified date,

(b) in respect of wheat on such premises on such date--

(i) the total quantity thereof,

(ii) the name and address of the owner thereof,

(iii) the quantity (if any) grown by the responsible person,

(iv) the names and addresses of the persons from whom so much thereof as was not grown by the responsible person was purchased and the prices paid therefor to such persons respectively,

(c) such other particulars (if any) as may be specified in the notice.

(2) A notice under this Article may require a return thereunder to be in a form specified in the notice.

(3) Where a notice under this Article is served on any person such person shall comply with the requirements of such notice.

27. Every person (being an authorised wheat purchaser or a person employed by an authorised wheat purchaser) is hereby required from time to time--

(a) to produce, at the request of an inspector, any books or documents relating to the purchase and sale of wheat during the sale season which are in the power, possession, or procurement of such person, to permit such inspector to inspect and take extracts from such books and documents and to give to such inspector any information which such inspector may reasonably require, in regard to any entries in such books or documents,

(b) to afford to an inspector all reasonable facilities for the inspection and measurement of any stocks of wheat carried in connection with the business of such authorised wheat purchaser,

(c) to give to an inspector any information, which such inspector may reasonably require, in regard to the purchase, storage, or sale of wheat for the purpose of such business.

28.--(1) An inspector may at all reasonable hours enter on any premises in which he has reason to believe wheat is stored, whether for sale or otherwise, and inspect any wheat on such premises.

(2) Every person who owns, or is employed in connection with any business carried on in any premises on which wheat is stored, whether for sale or otherwise, is hereby required to afford to an inspector all reasonable facilities for the inspection and measurement of any stocks of wheat on such premises.

29. Where an inspector has reasonable grounds for believing that any person has purchased, or sold, or milled wheat during the previous three months, such inspector may request such person (who shall comply with such request) to inform him--

(a) whether he has in fact purchased, or sold, or milled wheat during the previous three months, and

(b) if he so purchased any wheat, particulars thereof and the name and address of the vendor, and

(c) if he so sold any wheat, particulars thereof and the name and address of the purchaser, and

(d) if he has so milled any wheat, the quantity thereof, and the name and address of every person for whom he has milled such wheat.

30. An inspector shall be furnished by the Minister with a certificate of his appointment and, when exercising any power conferred by this Order, shall, if requested by any person affected, produce the certificate to such person.

FIRST SCHEDULE.

PRICES AT WHICH WHEAT MAY BE SOLD BY, OR PURCHASED FROM, THE GROWER THEREOF, TO OR BY ANY PERSON (OTHER THAN ANOTHER GROWER FOR USE AS SEED OR THE HOLDER OF A SEED (WHEAT) ASSEMBLER'S PERMIT WHO IS NOT A LICENSED MILLER).

SECOND SCHEDULE.

PRICES AT WHICH ARTIFICIALLY DRIED WHEAT HAVING A MOISTURE CONTENT NOT EXCEEDING 16½ PER CENT. MAY BE SOLD BY LICENSED WHEAT DEALERS.

THIRD SCHEDULE.

PRICES AT WHICH (1) ARTIFICIALLY DRIED WHEAT HAVING A MOISTURE CONTENT EXCEEDING 16½ PER CENT., AND (2) WHEAT WHICH HAS NOT BEEN ARTIFICIALLY DRIED MAY BE SOLD BY LICENSED WHEAT DEALERS.

GIVEN under my Official Seal this 9th day of July, 1955.

(Signed) JAMES M. DILLON,

Minister for Agriculture.