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MARKETING OF EGGS ACT (NORTHERN IRELAND) 1957

MARKETING OF EGGS ACT (NORTHERN IRELAND) 1957 - LONG TITLE

An Act to amend and consolidate the Marketing of Eggs Acts
(Northern Ireland), 1924 to 1937.
[19th December 1957]
Ss.17 rep. by SRO (NI) 1973/23 reg.13. S.8 rep. by 1958 c.27 (NI)
s.73(1) sch.4 Pt.I

Provision of packing accommodation at markets.

MARKETING OF EGGS ACT (NORTHERN IRELAND) 1957 - SECT 9

9.(1) The market authority of every market in which tolls are
lawfully taken in respect of eggs shall provide and maintain such
covered sheds or other accommodation as the Ministry considers
suitable for the packing of eggs brought for sale at the market.

(2) If a market authority fails to comply with any requirement of
the Ministry as to the provision of such accommodation, then, so
long as such failure continues, it shall not be lawful for that
authority to demand or recover tolls in respect of eggs brought for
sale at the market.

(3) In this section the expression "market authority" means any
person by whom the tolls in the market are authorised to be taken.

Registration of premises where eggs are preserved or rendered liquid.

MARKETING OF EGGS ACT (NORTHERN IRELAND) 1957 - SECT 10

10.(1) All premises used or intended to be used by way of trade
or for purposes of gain for the preserving, cold-storage,
chemical-storage or pickling of eggs, or the preparation of liquid
egg, shall be registered by the owner or occupier thereof from time
to time in such manner as may be prescribed, and no such owner or
occupier shall carry on the preserving, cold-storage, chemical-storage
or pickling of eggs or the preparation of liquid egg on premises
not duly registered.

(2) The Ministry may make such rules as appear to the Ministry to
be necessary for prescribing the requirements to be observed in the
preparation of liquid egg in any premises registered for that
purpose under sub-section (1) and any person who fails to comply
with such requirements shall be guilty of an offence against this
Act.

MARKETING OF EGGS ACT (NORTHERN IRELAND) 1957 - SECT 11
Removal of cold-stored and chemically-stored British eggs.

11.(1) If and so long as any Order of Her Majesty in Council made
under section two of the Merchandise Marks Act, 1926, is in force
prohibiting the sale or the exposure for sale in the United Kingdom
of imported eggs unless they bear an indication of origin, [or any
regulation of the European Communities directly applicable in Northern
Ireland is in force imposing requirements for securing that such
eggs are marked with or accompanied by such an indication]

[(a)it shall not be lawful to cause eggs produced in the United
Kingdom (in this section referred to as "British eggs") to be
placed in cold storage or chemical storage in any registered
premises unless notice in writing containing the prescribed
particulars is given to the Ministry at or before the time of the
placing and either

(i)the eggs are marked in the prescribed manner; or

(ii)the eggs are not intended for sale by retail in shell and are
kept in a container which is marked in the prescribed manner;

(b)where British eggs have been placed in cold storage or chemical
storage in any registered premises without being marked in the
prescribed manner it shall not be lawful to cause them to be
removed from those premises unless not less than forty-eight hours'
notice in writing containing the prescribed particulars has been
given to the Ministry and either

(i)the eggs are marked in the prescribed manner; or

(ii)the eggs are kept in a container marked in the prescribed
manner and such evidence has been furnished to the Ministry as is
reasonably sufficient to satisfy the Ministry that they are not
intended for sale by retail in shell.]

(2) This section shall apply to eggs coming within the provisions
of sub-section (3) of section thirteen of the Merchandise Marks Act,
1926, in like manner as it applies to British eggs.

Subs.(3) rep. by 1965 c.3 (NI) s.22 sch.

(4) A person who removes, alters or obliterates any mark which, in
compliance with the requirements of the foregoing provisions of this
section, was borne by any egg at the time when it was stored in
any such premises as aforesaid, or sells or exposes for sale any
egg from which such a mark has been removed or on which such a
mark has been altered or obliterated shall be guilty of an offence
against this Act and in the case of a second or subsequent offence
the court may, in addition to any other penalty, order any eggs to
which the offence relates to be forfeited:

Provided that it shall be a defence to a person charged with an
offence under this sub-section to prove that he acted without intent
to defraud.

MARKETING OF EGGS ACT (NORTHERN IRELAND) 1957 - SECT 12
Marking of preserved eggs.

12. It shall not be lawful to sell or offer or expose for sale
any egg which has been subjected to any process of preservation
unless the egg is marked in such manner as may be prescribed:

Provided that the Ministry may by rules exempt from the operation
of this section eggs preserved by any process with respect to which
the Ministry is satisfied that the marking of eggs preserved by
that process cannot be enforced.

MARKETING OF EGGS ACT (NORTHERN IRELAND) 1957 - SECT 13
Marking of egg packages and description of eggs.

13.(1) Every person dealing in preserved, cold-stored,
chemically-stored or pickled eggs, whether by wholesale or retail,
and whether as importer, consignor, consignee or commission agent or
otherwise, shall mark in such manner as may be prescribed every
package whether open or closed, containing any such eggs.

(2) A person shall not, contrary to the provisions of sub-section
(1), deal in, sell, expose or offer for sale or have in his
possession for the purposes of sale, any preserved, cold-stored,
chemically-stored or pickled eggs.

(3) A warranty or invoice shall be available as a defence in a
prosecution for an offence against this section in relation to the
sale of any such eggs as aforesaid, in any case where a warranty
or invoice would be so available if the prosecution had been taken
under the Sale of Food and Drugs Acts in respect of the sale of
an article of food, ....[

MARKETING OF EGGS ACT (NORTHERN IRELAND) 1957 - SECT 13A
Cold storage of eggs.

13A. For the purposes of sections ten, eleven, thirteen and
seventeen

(a)eggs shall not be treated as being kept in cold storage in any
premises unless the temperature at which they are kept there is
artificially reduced to below 10 degrees centigrade (which is
equivalent to 50 degrees fahrenheit);

(b)premises shall not be treated as being used by way of trade or
for purposes of gain for the cold storage of eggs by reason only
that eggs intended to be sold in the course of a retail trade
carried on there are kept there in cold storage in the ordinary
course of that trade.]

Ss.14,15 rep. by SRO (NI) 1973/23 reg.13

Records and returns.

MARKETING OF EGGS ACT (NORTHERN IRELAND) 1957 - SECT 16

16.(1) The following classes of persons shall keep such records as
may be prescribed in relation to the matters hereafter in this
sub-section respectively specified:

Paras.(a)(b) rep. by SRO (NI) 1973/23 reg.13

(c)owners or occupiers of premises registered under section ten, in
relation to the delivery, dispatch and ownership of any such eggs
as are referred to in that section;

(d)such persons as are referred to in section thirteen in relation
to the delivery, dispatch and ownership of any such eggs as are so
referred to.

(2) Persons required by sub-section (1) to keep records

(a)shall furnish to the Ministry such returns in respect of such
matters as may respectively be prescribed; and

(b)shall permit a duly authorised officer of the Ministry to inspect
and take extracts from such records.

(3) No individual return or part of a return furnished under this
section shall be published or disclosed except for the purpose of a
prosecution under this Act or with the consent of the person who
furnished it.

MARKETING OF EGGS ACT (NORTHERN IRELAND) 1957 - SECT 17
Powers of officers for carrying Act into execution.

17.(1) Any officer of the Ministry acting in the execution of this
Act shall, without prejudice to any other provisions of this Act,
have power

Paras.(a)(b) rep. by SRO (NI) 1973/23 reg.13

(c)to enter, at all reasonable times, any premises registered under
section ten and to examine and take, for the purpose of
examination, samples of eggs found on such premises;

(d)to examine eggs at any place at which they are offered for
sale, or at which the officer has reason to believe that they are
offered for sale, to take samples of those eggs and to remove eggs
for examination from any such place;

Para.(e) rep. by SRO (NI) 1973/23 reg.13

(f)to take stock and inspect any records kept at any premises
entered by him under this section.

(2) If the Ministry has reason to believe that ... the preserving,
cold-storage, chemical-storage or pickling of eggs, or the preparation
of liquid egg, by way of trade or for purposes of gain is carried
on upon any premises not registered for that purpose under section
ten, the Ministry may specially authorise any of its officers to
enter the premises, and in such case the officer shall on
production on demand of his special authority have the like powers
of entry, inspection or taking samples as if the premises were
registered ... under section ten.

(3) An officer of the Ministry, if authorised by the Ministry in
that behalf and on production on demand of his authority, may at
any time during the hours when the premises are open for business
enter any premises, if he has reasonable ground to believe that
eggs are kept in cold-storage or chemical-storage or that liquid egg
is prepared therein, or that the provisions of section twelve or
section thirteen are being contravened, and may search for and
inspect and take for the purpose of examination samples of eggs in
the premises, and may require any person whom he finds in or about
the premises to give such information as may reasonably be demanded
of him by the officer for the purpose of enabling him to carry
out his duties under this Act, and a person shall not wilfully
withhold any information which such officer is empowered to require
of him.

Subs.(4) rep. by SRO (NI) 1973/23 reg.13

MARKETING OF EGGS ACT (NORTHERN IRELAND) 1957 - SECT 18
Powers of officers in connection with eggs in transit.

18.(1) An officer of the Ministry, duly authorised by the Ministry
in that behalf either generally or in respect of a particular
occasion, shall have power to examine eggs in transit including
power

(a)to enter at all reasonable times

(i)the premises of any person engaged in the business of carrying
goods for reward;

(ii)any pier, quay, wharf, jetty, dock, dock premises or aerodrome;
and

<(iii)any ship, boat, aircraft, railway wagon, motor lorry, cart or other vessel or vehicle used for the conveyance of goods;

(b)to open, for the purpose of examination, cases of eggs marked in
accordance with the provisions of this Act or with the rules for
the time being prescribed, and cases which he has reason to believe
ought to be so marked, which may be found by him in the course
of the exercise of his powers under paragraph (a);

(c)to remove, for the purpose of examination, cases of eggs found
by him in the course of the exercise of his powers under paragraph
(a);

(d)to detain in his custody, for so long as may be reasonably
necessary for the purpose of examination, cases of eggs removed as
aforesaid;

(e)to remove, from a case of eggs forming part of any consignment,
any eggs being in that case in contravention of the requirements of
this Act or the rules made thereunder, or any eggs reasonably
required as samples for examination.

(2) Where any case of eggs is examined by an officer under this
section, the case shall be marked by the officer to that effect;
and such mark shall be deemed to be a sufficient notification to
the consignee that the case has been so examined, and the Ministry
shall notify the consignor of the examination.

(3) Where an examination of a consignment of eggs is made under
sub-section (1) and the Ministry is satisfied that the consignment
or any part thereof does not conform to the requirements of this
Act or the rules made thereunder, the Ministry may direct that such
consignment or part shall be returned to the consignor, at his
expense, at the place from which it was consigned, or, if the
Ministry approves, at such place as the consignor may elect.

(4) Where any eggs are removed from a consignment under paragraph
(e) of sub-section (1), the eggs shall, except such eggs as are
reasonably required as samples, be delivered to the consignor at the
place of examination or at such other place as the Ministry may
elect, or, if the consignor fails to take delivery at such place,
shall be sold and the proceeds, less any expenses incurred by the
Ministry in connection with the removal or sale, shall be paid to
the consignor at such times and in such manner as the Ministry may
fix.

(5) Any officer of the Ministry acting in the exercise of the
powers conferred by this section on the premises of, or used by,
any carrier shall conform to such reasonable requirements of such
carrier as are necessary to prevent the working of the traffic
thereat being obstructed or interfered with; and a carrier shall not
be liable for or on account of any loss or damage arising from
the exercise by any officer of the Ministry of the powers conferred
as aforesaid.

(6) Nothing in this section shall be construed as authorising
anything to be done to the prejudice of any powers of a carrier
to secure payment of freight charges in respect of any consignment
carried by him.

MARKETING OF EGGS ACT (NORTHERN IRELAND) 1957 - SECT 19
Financial provisions.

19. Subs.(1) spent

(2) All sums received by the Ministry under this Act shall be paid
into the Exchequer ....

(3) Contributions of such amounts as the Ministry may with the
consent of the Ministry of Finance determine, may be made towards
any scheme instituted or approved by the Ministry for research,
education or publicity connected with the production and marketing of
eggs, or for the encouragement of the consumption of eggs.

MARKETING OF EGGS ACT (NORTHERN IRELAND) 1957 - SECT 20
Offences and prosecutions.

20.(1) Any person who acts in contravention of or neglects or fails
to comply with any provision of this Act or of any rules made
thereunder shall be guilty of an offence against this Act and
shall, for each offence for which no special penalty is provided,
be liable on summary conviction to a fine not exceeding twenty
pounds, or on conviction on indictment to a fine not exceeding two
hundred pounds, and in either case (if a purchase or sale took
place) to an additional fine not exceeding half the price at which
the eggs were purchased or sold:

Provided that the fines imposed on summary conviction for any
offence to which this sub-section applies shall not exceed in the
aggregate one hundred pounds.

(2) Any person who

(a)... in connection with any record, return or other information
which he is under this Act required to keep or furnish, makes any
statement or furnishes any information which to his knowledge is
false or misleading in any material respect; or

(b)forges or fraudulently alters or uses, or permits to be
fraudulently altered or used, any ... document issued under this
Act;

(3) Any person who obstructs or impedes a duly authorised officer
in the exercise of any power conferred on such officer by or under
this Act shall be guilty of an offence against this Act and be
liable on summary conviction to a fine not exceeding twenty pounds.

(4) A prosecution for an offence against this Act (other than an
offence committed by an officer of the Ministry) shall not be
instituted before a court of summary jurisdiction except by, or with
the consent of, the Ministry.

(5) Where an offence against this Act is also an offence against
any enactment relating to the sale of food or to the public health
and enforceable by a [district council], then and in such case
sub-section (4) shall be deemed not so to operate as to require
the consent of the Ministry to any prosecution the [district
council] may see fit to institute:

Provided that no person shall by virtue of this sub-section be
liable to be punished more than once for the same offence.

Power of Ministry to make rules and to enable district councils to
carry Act into execution.

MARKETING OF EGGS ACT (NORTHERN IRELAND) 1957 - SECT 21

21.(1) The Ministry may make rules for prescribing ... any ...
thing required or authorised by this Act to be prescribed, and,
generally, for carrying this Act into effect.

(2) Rules may be made under this section for enabling [district
councils] or their officers to exercise within their respective
[districts] any of the powers conferred by this Act upon the
Ministry or officers of the Ministry, and for adapting the
provisions of this Act for that purpose.

(3) All rules made under this Act shall be subject to negative
resolution.

MARKETING OF EGGS ACT (NORTHERN IRELAND) 1957 - SECT 22
Power to enter into arrangements with agricultural marketing boards.

22.(1) The Ministry may for any of the purposes of this Act enter
into arrangements with any agricultural marketing board subject to
such conditions as to expenditure and otherwise as, with the consent
of the Ministry of Finance, may be provided by the arrangements.

(2) For the purposes of this section an agricultural marketing board
means a board established under the Agricultural Marketing Acts, 1931
to 1949, or under the Agricultural Marketing Acts (Northern Ireland),
1933 to 1955.

S.23 rep. by SRO (NI) 1973/23 reg.13

MARKETING OF EGGS ACT (NORTHERN IRELAND) 1957 - SECT 24
Interpretation.

24. In this Act the expression

"aerodrome" means any area designed, equipped, set apart or commonly
used for affording facilities for the landing and departure of
aircraft;

"chemical-storage" means storage for the purpose of preserving eggs
by any process which does not alter the composition of the shells,
including storage in any gas, vapour or gaseous mixture;

Definition rep. by SRO (NI) 1973/23 reg.13

"eggs" means eggs in shells laid by domestic hens and domestic
ducks;

Definitions rep. by SRO (NI) 1973/23 reg.13;

"liquid egg" means eggs removed from their shells for the purpose
of being sold in bulk;

"Ministry" means the Ministry of Agriculture;

"prescribed" means prescribed by rules made by the Ministry under
this Act;

"registered" means registered under this Act;

Definitions rep. by SRO (NI) 1973/23 reg.13

Short title and commencement.

MARKETING OF EGGS ACT (NORTHERN IRELAND) 1957 - SECT 27

27.(1) This Act may be cited as the Marketing of Eggs Act
(Northern Ireland), 1957.

(2) Commencement

First Schedule rep. by SRO (NI) 1973/23 reg.13. Second Schedule rep.
by SLR 1973