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MARKETING OF POTATOES ACT (NORTHERN IRELAND) 1964

MARKETING OF POTATOES ACT (NORTHERN IRELAND) 1964 - LONG TITLE

An Act to make provision for ensuring that potatoes are not sent
out of Northern Ireland except in compliance with proper standards
of quality and subject to inspection; for that purpose to provide
for the licensing of persons engaged in the marketing out of
Northern Ireland of potatoes; to enable standards of quality for
potatoes marketed in Northern Ireland to be prescribed; and to make
provision connected with such matters.
[10th March 1964]
Restriction on sending potatoes out of Northern Ireland.

MARKETING OF POTATOES ACT (NORTHERN IRELAND) 1964 - SECT 1

1. Subject to the provisions of this Act, a person shall not,
either by himself or by any servant or agent of his, send or
attempt to send potatoes out of Northern Ireland except under the
authority of, and in accordance with the conditions specified in, a
licence or permit issued to him and then in force.

MARKETING OF POTATOES ACT (NORTHERN IRELAND) 1964 - SECT 2
Licences for export of potatoes.

2.(1) Subject to subsection (2), the Ministry of Agriculture (in
this Act referred to as "the Ministry") shall, on application being
made to it by any person in accordance with subsection (3) and on
payment of the fee and sum specified in subsection (4), issue to
that person a licence (in this Act referred to as "a potato
shipping licence") authorising him, upon such conditions as may be
specified in the licence, to send potatoes out of Northern Ireland.

(2) The Ministry may refuse to issue a licence under subsection (1)
to an applicant who gives false information in his application or
who formerly held a licence under this Act or under any Act
repealed by this Act and whose licence has been revoked.

(3) An application for a potato shipping licence shall be in the
prescribed form and shall be made to the Ministry at such time and
in such manner as may be prescribed.

(4) An applicant for a potato shipping licence shall, at the time
at which the application is made, pay to the Ministry

(a)a fee of such amount not exceeding fifteen pounds as may, with
the approval of the Ministry of Finance, be prescribed; and

(b)a sum of such amount not exceeding forty-five pounds as may be
prescribed which shall, in the event of a licence being issued, be
placed to the credit of the applicant as a payment on account of
the fees payable by him under section 3(3).

(5) Where an application for a potato shipping licence is refused
the Ministry shall repay to the applicant the amount of the fee
and sum paid by him under subsection (4).

(6) A potato shipping licence shall be in the prescribed form and
shall, unless suspended by the Ministry under subsection (9) or
revoked by the Ministry under subsection (10), be in force from 1st
August in the year in which it is issued until 31st July next
following or for such other period of twelve months as the Ministry
may decide but shall be renewable annually and the same provisions
shall apply to the renewal of the licence as apply to the original
granting thereof.

(7) Where the fees payable by the holder of a potato shipping
licence under section 3(3) in respect of the period for which the
licence is issued are less than the sum paid by him on account of
those fees under subsection (4)(b) of this section, the balance
remaining in the hands of the Ministry shall be paid into the
Exchequer.

(8) The Ministry may from time to time amend the conditions
specified in a potato shipping licence but no such amendment shall
have effect unless and until it has been brought to the notice of
the holder of the licence.

(9) Where the Ministry has reason to suspect that the holder of a
potato shipping licence has contravened the provisions of this Act
or regulations made thereunder or any condition of the licence, the
Ministry may, pending investigation of the suspected contravention and
on giving notice in writing to the holder, suspend the licence but,
within a period of twenty-eight days from the day on which the
licence is suspended, the Ministry shall either remove the suspension
or revoke the licence under subsection (10).

(10) The Ministry may revoke or refuse to renew a potato shipping
licence by reason of the contravention by the holder of the licence
of any of the provisions of this Act or regulations made thereunder
or of any condition of the licence and where the Ministry revokes
or refuses to renew a licence

(a)the Ministry shall, by registered post or by recorded delivery
service, send notice of the revocation or refusal to renew to the
person whose licence has been revoked or, as the case may be, the
person the renewal of whose licence has been refused and such
notice shall inform that person of his right of appeal under
paragraph (b) and of the time within which the appeal may be
brought;

(b)the person whose licence has been revoked or the renewal of
whose licence has been refused may, within twenty-eight days from
the date on which a notice under paragraph (a) is received by him,
appeal to the county court on the ground that there has not been
any such contravention as aforesaid or that the contravention has
been of such a trivial or inadvertent nature that the licence
should not be revoked or withheld;

(c)the county court in deciding an appeal brought under paragraph
(b) shall state the reasons for its decision and that decision
shall be final.

(11) The Ministry shall, on the payment of a fee of [25p], issue
to any person a certified copy of a potato shipping licence held
by him.

(12) Where a licence is suspended or revoked, the holder shall,
within three days of receiving a request for its return to the
Ministry, return the licence to the Ministry together with any
certified copies thereof issued to him under subsection (11).

(13) Licences issued under the Marketing of Potatoes Acts (Northern
Ireland) 1928 to 1938 and in force immediately before the date of
the coming into operation of this Act shall cease to be in force
on that date but shall be renewable under this Act and subsection
(10) shall apply to any such licence in like manner as it applies
to a licence issued under this Act.

MARKETING OF POTATOES ACT (NORTHERN IRELAND) 1964 - SECT 3
Inspection of potatoes being sent out of Northern Ireland.

3.(1) A person shall not either by himself or by any servant or
agent of his send or attempt to send any potatoes out of Northern
Ireland unless

(a)the potatoes have been presented to an authorised officer for
inspection at such convenient place and at such convenient time as
the Ministry may from time to time appoint;

(b)the potatoes have been inspected [by sample or otherwise] by an
authorised officer and a certificate has been issued by him to the
effect that the potatoes have been inspected by him, are of the
prescribed standard of quality and have been graded, packed and
labelled in the prescribed manner; and

(c)the potatoes are, for the period during which they remain in
Northern Ireland after being inspected under paragraph (b),
accompanied by the certificate issued under that paragraph.

(2) A certificate of an authorised officer for the purposes of
subsection (1) shall be valid for such period as shall be specified
therein but an authorised officer may inspect [by sample or
otherwise] any potatoes previously inspected under subsection (1) and
may cancel any certificate relating to such potatoes if he is
satisfied that the quality, grading, packing or labelling of the
potatoes [does not] conform to the prescribed standards.

(3) There shall be payable to the Ministry, in respect of an
inspection of potatoes for the purposes of this section, a fee of
such amount, calculated in such manner and payable at such time and
by such person as may, with the approval of the Ministry of
Finance, be prescribed.

MARKETING OF POTATOES ACT (NORTHERN IRELAND) 1964 - SECT 4
Permits for export of specific consignments of potatoes.

4. The Ministry may, upon such conditions as it thinks fit, issue
to any person permits authorising specified consignments of potatoes
to be sent out of Northern Ireland and such permits may, at the
discretion of the Ministry, exempt the specified consignments from
all or any of the provisions of this Act.

MARKETING OF POTATOES ACT (NORTHERN IRELAND) 1964 - SECT 5
Giving of information and production of certificates and permits.

5.(1) Any person conveying or having custody or possession of
potatoes which are being or have been moved or otherwise dealt with
in contravention of any provision of this Act or regulation made
thereunder or in breach of any condition of a licence or permit
issued under this Act, or which are suspected by an authorised
officer or a constable of being or having been so moved or dealt
with, shall, on demand of such officer or constable, give his name
and address and any information within his knowledge as to such
potatoes which may be demanded of him by such officer or constable.

(2) Any person having custody or possession of potatoes which are
being or have been moved or otherwise dealt with in circumstances
in which a certificate or a permit is required by virtue of this
Act, or in circumstances in which such certificate or permit appears
to an authorised officer or a constable to be so required, shall,
on demand by such officer or constable produce such certificate or
permit for inspection.

(3) Any person consigning potatoes for delivery outside Northern
Ireland in circumstances in which a certificate or a permit is
required by virtue of this Act shall, on demand made by or on
behalf of the carrier, produce such certificate or permit.

(4) Nothing in this section shall be construed as requiring a
person to answer any question or give any information if to do so
might incriminate him.

MARKETING OF POTATOES ACT (NORTHERN IRELAND) 1964 - SECT 6
Detention and seizure of potatoes.

6.(1) An authorised officer or a constable may seize and may detain
in custody any potatoes which are being or which are suspected by
such an officer or constable of being, sent out of Northern Ireland
in contravention of any provision of this Act or regulation made
thereunder or in breach of any condition of a licence or permit
issued under this Act.

(2) Where any person detains potatoes in his custody under this
section, he shall, as soon as possible, either

(a)release the potatoes; or

(b)[keep possession of or sell the potatoes and] take such steps as
may be proper to have dealt with according to the law the person
believed to be guilty of the offence committed, or believed to have
been committed, in relation to the potatoes and

[(i)where a person is convicted in respect of such a contravention
or breach as is mentioned in subsection (1), the potatoes shall be
forfeited and become the property of the Department which may
dispose of them in such manner as it thinks fit or if the
potatoes have been sold, the proceeds of the sale shall become the
property of the Department; or

(ii)where a person is not so convicted, the potatoes shall be
released or, if the potatoes have been sold, the proceeds of the
sale shall be paid to the person who was deprived of the ownership
of the potatoes and no further liability shall be incurred by
reason of the detention or sale.]

(3) Potatoes released under subsection (2) shall be delivered to the
consignor at the place of detention or, if an authorised officer
agrees, at such other place within Northern Ireland as the consignor
elects and, if the consignor fails to take delivery at such place
within such reasonable time as may be specified by the authorised
officer, shall be sold and the proceeds, less any expenses incurred
by the Ministry or a constable in connection with such seizure,
detention or sale, shall be paid to the consignor.

MARKETING OF POTATOES ACT (NORTHERN IRELAND) 1964 - SECT 7
Standard of quality etc., of potatoes sold in Northern Ireland.

7.(1) The Ministry may, by regulations, provide that potatoes sold
or offered or exposed for sale in Northern Ireland or in any
specified area thereof for any purpose specified in the regulations
shall conform to such standards of quality, grading, packing and
labelling as may be prescribed..

(2) Where, under the powers conferred by section 8, an authorised
officer, at the request of a purchaser, seller or other person,
examines, on the farm where they have been grown, potatoes sold or
offered or exposed for sale in Northern Ireland, the person making
the request shall, at such time as the Ministry shall determine,
pay to the Ministry in respect of the examination a fee of such
amount and calculated in such manner as may with the approval of
the Ministry of Finance be prescribed.

MARKETING OF POTATOES ACT (NORTHERN IRELAND) 1964 - SECT 8
Power to enter premises and examine potatoes.

8.(1) Any authorised officer shall for the purposes of this Act
have power (on production, if demanded, of his authority to act as
such officer)

(a)to enter, at all reasonable times, any premises owned, occupied
or used or suspected by him upon reasonable grounds of being owned,
occupied or used by any person for the purpose of trade in
potatoes and to inspect therein any potatoes in the possession of
such person and any process connected with the grading and packing
of potatoes in such premises;

(b)to enter at all reasonable times the premises of, or used by,
any person engaged in the business of carrying goods for reward,
any pier, quay, wharf, jetty, dock, dock premises or aerodrome and
any ship, boat, aircraft, railway waggon, motor lorry, cart or other
vessel or vehicle used for the conveyance of goods and to open,
for the purpose of inspection, any package of potatoes which may be
found in or upon any premises, place, vessel, vehicle or aircraft
which he is entitled to enter under this paragraph;

(c)to inspect potatoes and to take, for the purpose of examination,
samples of potatoes.

(2) Where an inspection of potatoes under this Act is made whilst
the potatoes are in transit and an authorised officer is satisfied
that the potatoes do not conform to the prescribed standard of
quality or are not graded, packed and labelled in the prescribed
manner, the Ministry or officer may direct that the potatoes shall
be returned to the consignor at the place from which they were
consigned or, if the Ministry or officer approves, at such other
place within Northern Ireland as the consignor may elect and
thereupon the carrier or the consignor, as the case may require,
shall, at the expense of the consignor, proceed to execute such
direction with all reasonable speed.

(3) 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 POTATOES ACT (NORTHERN IRELAND) 1964 - SECT 9
Records and returns.

9. The holder of a potato shipping licence shall

(a)keep such records of purchases, sales, despatch, transit and
delivery of potatoes dealt with by him and shall furnish to the
Ministry such information and returns as may be prescribed; and

(b)permit an authorised officer to inspect and take extracts from
such records.

MARKETING OF POTATOES ACT (NORTHERN IRELAND) 1964 - SECT 10
Disclosure of returns and information.

10.(1) An individual return or part of a return furnished under
this Act shall not be disclosed without the authority of the person
by whom the return was made.

(2) A person shall not disclose any information relating to an
individual person or business obtained by him in the exercise of
his powers under this Act and no information so obtained shall be
disclosed, whether as general statistics or otherwise, except by or
with the consent of the Ministry.

(3) Subsections (1) and (2) shall not apply to the disclosure of a
return or part of a return or of information

(a)in so far as the disclosure is required for the purposes of a
prosecution or other legal proceedings under this Act; or

(b)in so far as the disclosure is required or authorised by this
Act or regulations made thereunder.

MARKETING OF POTATOES ACT (NORTHERN IRELAND) 1964 - SECT 11
Power of Ministry to make regulations.

11.(1) The Ministry may make regulations prescribing anything which,
under this Act, may be prescribed and providing for any matter in
respect of which regulations may be made under this Act and
generally for carrying this Act into effect.

(2) Regulations made under section 15(1) shall be subject to
affirmative resolution and all other regulations made under this Act
shall be subject to negative resolution.

MARKETING OF POTATOES ACT (NORTHERN IRELAND) 1964 - SECT 12
Power to enter into arrangements with agricultural marketing boards.

12.(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 Act 1958,
or under the Agricultural Marketing Acts (Northern Ireland) 1933 to
1963.

MARKETING OF POTATOES ACT (NORTHERN IRELAND) 1964 - SECT 13
Offences and prosecutions.

13.(1) Any person who, either by himself or by any servant or
agent of his

(a)sends or agrees or attempts or offers to send potatoes out of
Northern Ireland in contravention of any provision of this Act or
regulations made thereunder, or in breach of any condition of a
licence or permit issued to him under this Act; or

(b)in connection with an application for, or the issue of, a
licence, certificate or permit under this Act makes any statement or
furnishes any information which to his knowledge is false or in any
material respect misleading; or

(c)fraudulently alters or uses or causes to be used or permits to
be fraudulently altered or used any licence, certificate, permit or
other document issued under this Act or any seal, mark or
indication prescribed under, or used for the purposes of, this Act;
or

(d)makes any false or fraudulent statement in any record kept by
him or returns made by him under or by virtue of this Act;

(i)for a first offence to a fine not exceeding [#250],

(ii)for a subsequent offence to a fine not exceeding [#500] or
imprisonment for a term not exceeding three months or to both such
fine and such imprisonment.

(2) Any person who

(a)obstructs or impedes an authorised officer or a constable in the
exercise of any of the powers conferred under or by virtue of this
Act or gives to any such officer or constable any information which
to his knowledge is false or in any material respect misleading; or

(b)sells or attempts to sell or offers or exposes for sale potatoes
in Northern Ireland in contravention of regulations made under
section 7; or

(c)discloses, in contravention of section 10, any information obtained
by him in the exercise of any power conferred on him or on the
Ministry by or under this Act; or

(d)contravenes the provisions of section 5 or any other provision of
this Act or regulations made thereunder for which no penalty is
otherwise provided by this Act;

(3) Subject to subsection (4), proceedings for an offence against
this Act shall not be instituted except by or with the consent of
the Ministry.

(4) Sub-section (3) shall not operate

(a)so as to affect a prosecution for an offence committed by an
authorised officer or other officer of the Ministry;

(b)so as to prevent any steps being taken by an authorised officer
under section 6 with respect to the seizure and detention of
potatoes or otherwise in execution of his duties under this Act
preparatory to or in connection with the institution of proceedings
for an offence against this Act.

(5) Summary proceedings for an offence against this Act shall not
be commenced after the expiration of a period of six months from
the date on which evidence sufficient in the opinion of the
Ministry to justify a prosecution for the offence comes to the
knowledge of the Ministry, or after the expiration of a period of
twelve months after the commission of the offence, whichever period
last expires and for the purposes of such proceedings a certificate
purporting to be signed by the Minister or a secretary or assistant
secretary of the Ministry as to the date on which such evidence as
aforesaid came to the knowledge of the Ministry shall be conclusive
evidence thereof.

(6) The suspension, revocation or failure to renew a licence under
section 2 or the decision of the county court on any appeal to it
under that section shall not prejudice or affect any prosecution
brought against the holder or former holder of that licence for any
offence against this Act.

MARKETING OF POTATOES ACT (NORTHERN IRELAND) 1964 - SECT 14
Financial provisions.

14. ... all sums received by the Ministry under this Act shall be
paid into the Exchequer.

MARKETING OF POTATOES ACT (NORTHERN IRELAND) 1964 - SECT 15
Savings.

15.(1) Except to such extent as may be prescribed, the provisions
of this Act shall not apply to

(a)potatoes grown outside Northern Ireland;

(b)potatoes consigned to the Republic of Ireland;

(c)potatoes sent by post.

(2) The provisions of this Act shall be without prejudice to the
provisions of the Destructive Insects and Pests Acts (Northern
Ireland) 1877 to 1934 and to the functions of the Ministry and
local authorities under those Acts.

MARKETING OF POTATOES ACT (NORTHERN IRELAND) 1964 - SECT 16
Interpretation.

16. In this Act, the expression

"authorised" means authorised by the Ministry;

"grade" means description indicating size and quality;

"labelled" in relation to a package includes having a label affixed
thereto or having a label placed inside the package or having a
brand on the outside of the package;

"Minister" and "Ministry" mean respectively the Minister and the
Ministry of Agriculture;

"package" includes any wrapper, bag, case, parcel, cask, box, crate
or other container or receptacle;

"potato shipping licence" has the meaning assigned to that expression
by section 2(1);

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

"send" includes taking or carrying or causing to be sent, taken or
carried.

S.17 rep. by SLR 1973Subs.(2) rep. by SLR 1973