Dairy produce marketing act, 1961

• Enactment Date: 16 January 1961
• Act Number: 1

Number 1 of 1961.
DAIRY PRODUCE MARKETING ACT, 1961.
ARRANGEMENT OF SECTIONS
Section 1. Commencement. 2. Interpretation. 3. Establishment day. 4. Establishment and general duty of the Board. 5. Functions of Board. 6. Assignment of additional functions to the Board. 7. Nomination year and nomination day. 8. Constitution of the Board. 9. Nomination of three persons as members of the Board by certain co-operative societies. 10. Nomination of person as member of the Board by suppliers of milk to creameries owned by University College, Cork, the Dairy Disposal Company, Limited, or its associated companies. 11. Restriction in relation to consents to nomination or proposal for nomination. 12. Provisions in relation to ballots under sections 9 and 10. 13. Chairman of the Board. 14. Term of office of members of the Board. 15. Resignation and disqualification of members of the Board. 16. Eligibility of outgoing members. 17. Removal of certain members of the Board. 18. Casual vacancy among members of the Board. 19. Remuneration and expenses of members of the Board. 20. Disclosure by members of the Board of interest in proposed contract. 21. Disqualification of member of either House of Oireachtas for membership of the Board. 22. Meetings and procedure of the Board. 23. Seal of the Board. 24. Contracts and instruments not under seal. 25. Staff of the Board. 26. Chief officer of the Board. 27. Superannuation of officers and servants of the Board. 28. Performance of functions of the Board. 29. The Dairy Produce Fund. 30. Power of the Board to borrow. 31. Guarantee of loans. 32. Grants to the Board. 33. Offices and premises. 34. Carriage, handling, storage and packaging, of milk and milk products by the Board. 35. Regional advisory committees. 36. Milk levy. 37. Butter levy. 38. Butter stocks levy. 39. Recovery of levies. 40. Returns. 41. Inspection of records. 42. Non-disclosure of information by the Board. 43. Contribution by the Board towards cost of cold storage of butter by creameries. 44. Obligation of the Board to purchase butter from creameries. 45. Sales of butter in the State by the Board to be at price fixed by the Government. 46. Transfer to the Board of moneys in dairy produce (price stabilisation) fund. 47. Annual report. 48. Accounts and audits. 49. Furnishing of information to the Minister. 50. Dissolution of the Butter Marketing Committee. 51. Preservation of contracts of service entered into by the Committee. 52. Transfer of property of the Committee to the Board. 53. Transfer of liabilities of the Committee to the Board. 54. Preservation of continuing contracts of the Committee. 55. Continuance of pending legal proceedings to which the Committee is a party. 56. Exemption from stamp duty. 57. Prohibition of export and import of milk and milk products. 58. Amendment of Dairy Produce (Price Stabilisation) (Amendment) Act, 1938. 59. Amendment of Dairy Produce (Amendment) Act, 1941. 60. Prosecution of offences. 61. Offences in relation to bodies corporate and unincorporated bodies. 62. Fees on licences. 63. Laying of orders and regulations before Houses of the Oireachtas. 64. Expenses. 65. Short title.
Acts Referred to Dairy Produce Act, 1924 1924, No. 58. Creamery Act, 1928 1928, No. 26. Local Government Act, 1941 1941, No. 23. Dairy Produce (Price Stabilisation) (Amendment) Act, 1938 1938, No. 30. Dairy Produce (Price Stabilisation) Act, 1935 1935, No, 21. Conveyancing Act, 1881 1881, c. 41. Finance Act, 1895 1896, c. 16. Dairy Produce (Amendment) Act, 1941 1941, No. 10. Public Offices Fees Act, 1879 1879, c. 58.
Number 1 of 1961.
DAIRY PRODUCE MARKETING ACT, 1961.
AN ACT TO MAKE FURTHER PROVISION IN RELATION TO THE MARKETING OF MILK AND MILK PRODUCTS AND THE IMPROVEMENT AND DEVELOPMENT OF SUCH MARKETING, FOR THOSE PURPOSES TO PROVIDE FOR THE ESTABLISHMENT OF A BOARD TO BE CALLED AN BORD BAINNE AND TO DEFINE ITS FUNCTIONS, TO PROVIDE FOR THE PAYMENT OF LEVIES ON MILK AND BUTTER TO AN BORD BAINNE, TO AMEND THE DAIRY PRODUCE (PRICE STABILISATION) ACTS, 1935 TO 1956, AND TO PROVIDE FOR OTHER MATTERS CONNECTED WITH THE MATTERS AFORESAID. [16th January, 1961.]
BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:—
	Commencement.	1.—This Act shall come into operation on such day or days as, by order or orders made by the Minister under this section, may be fixed therefor either generally or with reference to any particular purpose or provision and different days may be so fixed for different purposes and different provisions.
	Interpretation.	2.—(1) In this Act save where the context otherwise requires—
	“the Board” means An Bord Bainne established by this Act;
	“butter”, “creamery”, “creamery business”, “creamery butter” and “cream-separating business” have, respectively, the meanings they have in the Dairy Produce Act, 1924 ;
	“butter levy” means the levy on creamery butter provided for under section 37 of this Act;
	“butter stocks levy” means the levy on stocks of butter provided for under section 38 of this Act; “the Committee” has the meaning assigned to it by section 50 of this Act;
	“the Company” means the Dairy Disposal Company, Limited;
	“cream-separating station” means a premises registered under the Dairy Produce Act, 1924 , in the register of cream-separating stations;
	“establishment day” means the day appointed to be the establishment day for the purposes of this Act by order of the Minister made under section 3 of this Act;
	“functions”, in relation to the Board, includes powers and duties, and references to the performance of functions include references to the exercise of powers and the performance of duties;
	“the Fund” means the Dairy Produce Fund established by section 29 of this Act;
	“milk” means milk in liquid form and includes whole milk, skimmed or separated milk, buttermilk, or whey, in liquid form;
	“milk levy” means the levy on milk provided for under section 36 of this Act;
	“milk product” includes any substance which is made wholly or partly from milk or a product or by-product of milk and which is—
	(a) butter, cream, raw cheese, processed cheese, condensed milk, dried or powdered milk, chocolate crumb or casein, or
	(b) a substance which is for the time being declared by regulations made by the Minister under subsection (2) of this section to be a milk product;
	“the Minister” means the Minister for Agriculture;
	“nomination day” means a day appointed to be a nomination day for the purposes of this Act under section 7 of this Act;
	“registered proprietor” means, when used in relation to a creamery, the person carrying on the creamery business in that creamery, and when used in relation to a cream-separating station, means the person carrying on the cream-separating business in that station;
	“registered proprietor of premises” means the person carrying on in premises registered under Part III of the Dairy Produce Act, 1924 , the business in respect of which they are registered;
	“returning officer” means in relation to a ballot under this Act, the person who, by virtue of section 12 of this Act, is the returning officer for that ballot;
	“society” means a society registered under the Industrial and Provident Societies Acts, 1893 to 1936;
	“the transfer day” means the day appointed to be the transfer day for the purposes of this Act by order of the Minister made under section 50 of this Act.
	(2) (a) The Minister may by regulations declare that any substance (other than a substance specifically mentioned in paragraph (a) in the definition of “milk product” in subsection (1) of this section) made wholly or partly from milk or from a product or by-product of milk shall be a milk product for the purposes of this Act.
	(b) Whenever and so long as regulations under this subsection declaring a substance to be a milk product for the purposes of this Act are in force, that product shall be a milk product for those purposes.
	Establishment day.	3.—The Minister may by order made under this section appoint a day to be the establishment day for the purposes of this Act.
	Establishment and general duty of the Board.	4.—(1) There shall, by virtue of this section, be established on the establishment day a board to be styled and known as An Bord Bainne to perform the functions assigned to it by this Act.
	(2) The Board shall be a body corporate with perpetual succession and an official seal (which shall be judicially noticed) and power to sue and be sued in its corporate name and to acquire, hold and dispose of land.
	(3) It shall be the general duty of the Board to endeavour to improve and develop the marketing of milk products outside the State and achieve such flexibility in the marketing aforesaid and in its development as will ensure that, in so far as is possible, milk is put to the most profitable uses and the producers of milk obtain reasonable returns thereon.
	Functions of Board.	5.—(1) The Board shall, in addition to the functions assigned to it by any other provision of this Act, have the following general functions, namely:
	(a) to export, or provide for the exportation of, milk and milk products of such class or kind as the...