S.I. No. 78/1981:

POTATOES (REGULATION OF IMPORT) ORDER, 1981.

POTATOES (REGULATION OF IMPORT) ORDER, 1981.

I, RAY MACSHARRY, Minister for Agriculture, in exercise of the powers conferred on me by section 2 of the Agricultural Products (Regulation of Import) Act, 1938 (No. 14 of 1938), hereby, after consultation with the Minister for Finance and the Minister for Industry, Commerce and Tourism, order as follows:--

1. (1) This Order may be cited as the Potatoes (Regulation of Import) Order, 1981.

(2) This Order shall come into operation on the 6th day of March 1981.

2. In this Order "the Minister" means the Minister for Agriculture.

3. This Order applies to potatoes which are raw, unprocessed and are produced in any country or territory other than a country which is a Member State of the European Economic Communities.

4. The importation of potatoes to which this order applies is hereby prohibited unless--

( a ) such potatoes are imported under and in accordance with a licence granted by the Minister for the purposes of this Order, and

( b ) such licence is at the time of importation delivered to the proper officer of Customs and Exercise.

5. (1) The Minister may, for the purposes of this Order grant a licence to import a quantity of potatoes specified in the licence.

(2) Whenever the Minister grants a licence for the purposes of this Order, he may attach to such licence any one or more of the following conditions, namely:

( a ) a condition that the potatoes to which such licence relates shall be imported within a specified time or during a specified period,

( b ) a condition that such potatoes shall be imported from a specified country,

( c ) a condition that such potatoes shall have been produced in a specified country,

( d ) a condition that such potatoes shall be imported at a specified port or place or by a specified route,

( e ) a condition that such potatoes shall not be imported in more than a specified number of consignments,

( f ) a condition that such potatoes shall be imported by or on behalf of a specified person.

6. When any raw and unprocessed potatoes are imported any officer of Customs and Excise may, at the time of importation, require the person making the importation to produce to him such documentary evidence as satisfies him as regards the identification of the country or territory in which the potatoes were produced (which documentary evidence he may retain or mark if he so thinks fit), and in case a person fails to comply with a requirement made under this Article, the officer of Customs and Excise concerned shall refuse to allow the potatoes in relation to which the requirement was made to be imported.

7. (1) Where potatoes are imported in contravention of this Order, an officer of the Minister may seize and detain all or any of the potatoes.

(2) Potatoes duly seized and detained under this Article shall be disposed of in such manner (by destruction or otherwise) as the Minister shall direct.

8. A person who imports potatoes in contravention of this Order shall (in addition to being liable to be processed against under section 2 of the Customs Act, 1956 (No. 7 of 1956)) be guilty of an offence and shall be liable on summary conviction thereof to a fine not exceeding five hundred pounds.

GIVEN under my Official Seal, this 5th day of March, 1981.

RAY MacSHARRY.

Minister for Agriculture.

EXPLANATORY NOTE.

The Order prohibits the importation of potatoes from all countries other than EEC Member States except under licence issued by the Minister.