MILK (REGULATION OF SUPPLY) ACT, 1994

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Number 25 of 1994


MILK (REGULATION OF SUPPLY) ACT, 1994


ARRANGEMENT OF SECTIONS

Section

1.

Interpretation.

2.

National Milk Agency.

3.

Dissolution of Dublin and Cork District Milk Boards.

4.

Superannuation for Boards’ staff.

Regulation of Milk Supply

5.

Sale and purchase of milk.

6.

Registration of contracts.

7.

Registers.

8.

Levies payable by processors.

9.

Returns by registered persons.

10.

Records to be kept by registered persons.

11.

Publication of contents of registers and other matters.

12.

Change of registration on death or transfer of business.

13.

Alteration or cancellation of registration.

14.

Provisions in relation to registers and evidence.

Miscellaneous

15.

Powers of inspection and examination.

16.

Prohibition on disclosure of information by members and officers of the Agency.

17.

Funds to be kept by the Agency.

18.

Accounts, records and reports of the Agency.

19.

Appeals against decisions of Agency.

20.

Regulations.

21.

Prosecution of offences.

22.

Repeals and saver.

23.

Expenses.

24.

Short title.

SCHEDULE

National Milk Agency


Number 25 of 1994


MILK (REGULATION OF SUPPLY) ACT, 1994


AN ACT TO MAKE PROVISION FOR THE ESTABLISHMENT OF A NATIONAL MILK AGENCY TO REGULATE THE SUPPLY OF MILK FOR LIQUID CONSUMPTION THROUGHOUT THE STATE AND TO PROVIDE FOR THE DISSOLUTION OF THE DUBLIN AND CORK DISTRICT MILK BOARDS AND FOR OTHER MATTERS CONNECTED WITH THE MATTERS AFORESAID. [26th October, 1994]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

Interpretation.

1.—(1) In this Act, except where the context otherwise requires—

“the Agency” means the National Milk Agency established under section 2 ;

“Board” means a Milk Board established under section 6 (1) of the Milk (Regulation of Supply and Price) Act, 1936 ;

“the Council Directive” means Council Directive 92/46/EEC of 16 June 1992 laying down health rules for the production and placing on the market of raw milk, heat-treated milk and milk-based products(1) as modified by Council Directive 92/47/EEC of 16 June 1992(2) ;

“dissolved Board” means a Board which is dissolved or to be dissolved by virtue of section 3 (1);

“establishment date” means the date appointed under section 2 for the establishment of the Agency;

“inspector” means a person authorised in writing by the Agency to exercise the functions conferred on an inspector under this Act;

“milk” means raw milk or heat-treated milk;

“raw milk” means whole cow's milk which has not been heated beyond 40°C or undergone any treatment that has an equivalent effect;

“heat-treated milk” means cow's milk whether whole, semi-skimmed or skimmed which has been subjected to heat treatment and presented in the forms defined in Annex C, Chapter 1A 4 (a), (b), (c) or (d) of the Council Directive, including milk to which has been added flavouring, vitamins, minerals or other food ingredients, provided that these ingredients are not used to replace in part or in whole any milk constituent;

“the Minister” means the Minister for Agriculture, Food and Forestry;

“prescribed” means prescribed by the Minister by regulations under this Act;

“processor” means a person who is the owner or occupier of a heat treatment establishment;

“producer” means a person who is the owner or occupier of a holding where one or more milk yielding cows are kept;

“register” means a register maintained under this Act and cognate words shall be construed accordingly.

(2) In this Act, unless otherwise stated, a reference to a section or Schedule is to a section or Schedule of this Act and a reference to a subsection or paragraph is to a subsection or a paragraph of the provision in which the reference occurs.

(3) A reference in this Act to any enactment shall be construed as a reference to that enactment as amended or adapted by or under any other enactment.

National Milk Agency.

2.—(1) There shall be a body to be known as the National Milk Agency to regulate the supply of milk for liquid consumption in accordance with the provisions of this Act.

(2) The Agency shall comprise a chairman and members appointed or elected as representing the interests of producers, processors, distributors, retailers and consumers of milk.

(3) The Agency shall stand established on such day as the Minister by order appoints.

(4) The Agency shall be a body corporate with perpetual succession and power to sue and be sued and to acquire, hold and dispose of land.

(5) The provisions of the Schedule shall apply to the Agency.

Dissolution of Dublin and Cork District Milk Boards.

3.—(1) The Minister shall, by orders made under section 6 (3) of the Milk (Regulation of Supply and Price) Act, 1936 , revoke the orders made under section 6 (1) of that Act, namely, the Dublin District Milk Board Order, 1936 and the Cork District Milk Board Order, 1937, (in this Act referred to as “the dissolved Boards”), as amended by any subsequent orders.

(2) The orders made in pursuance of subsection (1) shall be expressed to have and shall have effect on the date of establishment of the Agency.

(3) The provisions of section 7 of the Milk (Regulation of Supply and Price) Act, 1936 and section 4 of the Milk (Regulation of Supply and Price) (Amendment) Act, 1941 (being provisions consequential on the revocation of orders made under section 6 (1) of the said Act of 1936) shall continue to have effect subject to subsection (7) for the purposes of such revocation notwithstanding the repeal of those Acts by this Act.

(4) (a) An order of the Minister under section 6 (3) of the Milk (Regulation of Supply and Price) Act, 1936 , may provide, notwithstanding anything to the contrary in section 4 of the Milk (Regulation of Supply and Price) (Amendment) Act, 1941 , that the assets, liabilities, choses in action, contracts and commitments (expressed or implied) of the dissolved Boards shall stand transferred to the Minister or to an Interim Board subject to the provisions of this subsection.

(b) An order transferring assets and liabilities to the Minister may include provisions authorising him to enter into contracts, to be completed on the date of dissolution of the dissolved Boards, for the sale as a going concern of all or any business carried on by either such Board with such assets and liabilities as may be provided for by any such contract.

(c) At any time after the making of an order to which subsection (1) applies but before the dissolution of the Board to which it refers, the Minister may by order transfer the assets, liabilities, choses in action, contracts and commitments (expressed or implied) of that Board to the Interim Board.

(5) The Interim Board shall comprise three persons nominated by the Minister from time to time as occasion requires. It shall be a body corporate with power to sue and be sued and to hold land. It shall stand dissolved on such day as the Minister by order appoints.

(6) The Interim Board may, to such extent as an order under subsection (4) may provide, carry on any business activities carried on by a dissolved Board, discharge any and all liabilities of a dissolved Board, and sell as a going concern all and any business of that Board with such assets or liabilities or both as may be provided for in the sale.

(7) All moneys received by the Minister or the Interim Board in pursuance of this section shall, after payment of necessary outgoings, be paid to the Minister for Finance and shall be paid into or disposed of for the benefit of the Exchequer in such manner as the Minister for Finance may direct.

(8) Section 12 of the Finance Act, 1895 shall not apply to the vesting in the Interim Board of any property or right transferred under this Act.

Superannuation for Boards' staff.

4.—(1) On the dissolution of a Board by virtue of an order under section 3 (1), a superannuation scheme made by that Board under the Milk (Regulation of Supply and Price) (Amendment) Act, 1961 , referred to in this section as a “Board scheme”, shall be administered by the Minister.

(2) The Minister may, subject to the consent of the Minister for Finance, from time to time by a scheme (“an amending scheme”) made by him in accordance with this section amend a Board scheme for the purpose of granting superannuation benefits to or in respect of persons who were employed by a Board at any time prior to its dissolution and may make payments accordingly.

(3) An amending scheme may, in particular, provide that—

(a) where a member of the staff of a dissolved Board, whether or not a member of the Board scheme at the date of the dissolution of the Board, wishes to cease employment with the Board immediately before such dissolution and so informs the Minister before that date, and

(b) the Minister considers that such cesser of employment would facilitate the sale or transfer of any part of the business carried on by the Board,

the Minister may, with the consent of the Minister for Finance, make such payments to or in respect of the person concerned in compensation for such cesser of employment as the Minister considers appropriate.

(4) The manner in which the payments referred to in subsection (3) are calculated shall be specified in the relevant amending scheme.

(5) In the case of a person who was a member of a Board scheme, payments made pursuant to subsection (3) shall be in substitution for any benefits which would otherwise be payable to or in respect of the person under the Board scheme.

(6) Every scheme made pursuant to subsection (2) shall be laid before each House of the Oireachtas as soon as may be thereafter and if either House...

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