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

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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.

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Northern Irish Legislation

MARKETING OF EGGS ACT (NORTHERN IRELAND) 1957 - SECT 11