Marketing of Eggs Act (Northern Ireland) 1957

Marketing of Eggs Act (Northern Ireland) 1957 An Act to amend and consolidate the Marketing of Eggs Acts (Northern Ireland), 1924 to 1937. Ss. 1‐7 rep. by SRO (NI) 1973/23 S. 8 rep. by 1958 c. 27 (NI) 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. 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. In this section the expression “market authority” means any person by whom the tolls in the market are authorised to be taken. 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. 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. Ss. 11, 12 rep. by 1984 NI 2 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. 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. 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, …. For the purposes of sections ten,... thirteen and seventeen— 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 eight degrees celsius; 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 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 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; 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. Persons required by sub-section (1) to keep records— shall furnish to the Ministry such returns in respect of such matters as may respectively be prescribed; and shall permit a duly authorised officer of the Ministry to inspect and take extracts from such records. 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. Any officer of the Ministry acting in the execution of this Act shall, without prejudice to any other provisions of this Act, have power— 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; 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 to take stock and inspect any records kept at any premises entered by him under this section. 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. 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 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 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— to enter at all reasonable times— the premises of 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 wagon, motor lorry, cart or other vessel or vehicle used for the conveyance of goods; 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); 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); to detain in his custody, for so long as may be reasonably necessary for the purpose of examination, cases of eggs removed as aforesaid; 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. 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. 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. 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. 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. 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. Subs. (1) rep. by 1984 NI 2 All sums received by the Ministry under this Act shall be paid into the Exchequer …. 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. 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 level 2 on the standard scale, or on conviction on indictment to an unlimited fine, 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. Any person who— … 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 ... fraudulently... uses, or permits to be fraudulently altered or used, any … document issued under this Act; shall be guilty of an offence against this Act and be liable on summary conviction to imprisonment for a term not exceeding three months, or to a fine not exceeding level 3 on the standard scale, or to both such imprisonment and such fine. 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 level 2 on the standard scale. 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. 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. 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. 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. All rules made under this Act shall be subject to negative resolution. 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. 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 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 “eggs” means eggs in shells laid by domestic hens and domestic ducks; Definitions rep. by SRO (NI) 1973/23 “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; S. 25 rep. by SLR 1973 S. 26 rep. by 1984 NI 2 This Act may be cited as the Marketing of Eggs Act (Northern Ireland), 1957. Commencement First Schedule rep. by SRO (NI) 1973/23 Second Schedule rep. by SLR 1973 Functions transf., SRO (NI) 1973/140 SLR 1973 1965 c.3 (NI) 1984 NI 2 SRO (NI) 1973/23 SLR 1980 1984 NI 3 1969 c.16 (NI); SRO (NI)1973/23 1981 c.45 SRO (NI) 1973/343 1958 c.47 1964 c.13 (NI)