[Home] [Databases] [World Law] [Multidatabase Search] [Help] [Feedback]
	Statutes of Northern Ireland
You are here: BAILII >> Databases >> Statutes of Northern Ireland >> URL: http://www.bailii.org/nie/legis/num_act/hai1966339.txt

[New search] [Help]

HORTICULTURE ACT (NORTHERN IRELAND) 1966

HORTICULTURE ACT (NORTHERN IRELAND) 1966 - LONG TITLE

An Act to make provision with respect to the grading, packing,
transporting and processing of horticultural produce; to regulate and
control the sending of horticultural produce out of Northern Ireland;
and for purposes connected with those matters{1}.
[24th May 1966]
PART I

HORTICULTURE ACT (NORTHERN IRELAND) 1966 - SECT 1

1.(1) The Ministry of Agriculture (in this Act referred to as "the
Ministry") may in relation to any description of fresh horticultural
produce by regulations designate and define grades of quality, and
prescribe for each grade the form of a label for indicating that
produce in connection with which the label is used falls within
that grade.

(2) Regulations under subsection (1) may provide that a label
recognised under the law of any country outside Northern Ireland as
indicating that produce in connection with which it is used is of
a quality not inferior to that required for a grade defined under
that subsection shall be treated for the purposes of this Part as
if it were in the form so prescribed for that grade.

[(3) Regulations under subsection (1) above shall not apply to
produce of any description for the time being subject to Community
grading rules; but in relation to any such produce the Ministry may
by regulations

(a)make additional provision as to the form of any label required
for the purpose of those rules or as to the inclusion in any such
label of additional particulars (not affecting the grading of the
produce);

(b)provide for the application, subject to any modification specified
in the regulations, of all or any of the following provisions of
this Part of this Act as if the produce were regulated fresh
produce and as if the standards of quality established by those
rules were prescribed grades.]

HORTICULTURE ACT (NORTHERN IRELAND) 1966 - SECT 2
Duties as to grading.

2.(1) Except in such circumstances as are mentioned in subsection
(2), a person shall not sell any fresh horticultural produce of a
description in relation to which grades of quality are designated
and defined under section 1(1) (in this Part referred to as
"regulated fresh produce") unless the produce falls within a defined
grade and is packed in a package to which is affixed a label in
the form prescribed for that or any lower grade or, if not packed
in a package, has affixed to it such a label.

(2) The circumstances referred to in subsection (1) are as follows:

(a)a sale of the produce in the ordinary course of a retail
business, where on any occasion the total quantity of such produce
of any description which is the subject of the sale does not
exceed (whether by reference to weight or to number or both) such
quantity as may be prescribed for produce of that description;

(b)a sale where the produce is to be used by the buyer in
manufacturing or producing any commodity for sale or other disposal
by him;

(c)a direct sale by the producer of any produce to a person (other
than a retailer or a person who buys the produce for use in
manufacturing or producing any commodity for sale or other disposal
by him) who gives the producer an undertaking in writing

(i)that before any sale by him of any of the produce, not being a
sale such as is mentioned in paragraph (b), the produce will be
sorted into the defined grades and any produce the quality of which
is inferior to that required for the lowest defined grade will be
separated from other produce; and

(ii)that on any sale by him of any of the produce falling within
a defined grade, not being a sale such as is mentioned in
paragraph (b), the produce will be packed in a package to which is
affixed a label in the form prescribed for that or any lower grade
or, if not packed in a package, will have affixed to it such a
label.

(3) The Ministry may by order provide that subsection (2) shall
have effect, in relation to such sales as are described in the
order, as if paragraph (b) thereof, and any reference to that
paragraph in paragraph (c) thereof, were omitted.

(4) In subsection (2)(c) "direct sale" means a sale where
negotiations on behalf of the vendor are not conducted by any agent
other than a person employed by him under a contract of service.

HORTICULTURE ACT (NORTHERN IRELAND) 1966 - SECT 3
Offences in connection with grading.

3.(1) A person shall be guilty of an offence if he sells any
regulated fresh produce in contravention of section 2 or, with
intent to sell any such produce in circumstances such that the sale
would contravene that section, he

(a)offers or exposes the produce for sale, or

(b)not being the producer thereof, has the produce in his possession
for sale, or

(c)being the producer thereof, consigns the produce for sale.

(2) A person shall be guilty of an offence if, on behalf of the
owner of any regulated fresh produce,

(a)he carries out a sale of the produce in circumstances such that
the sale contravenes section 2, or

(b)with intent to carry out a sale of the produce in such
circumstances, he offers or exposes it for sale or has it in his
possession for sale.

(3) A person shall be guilty of an offence if, having given an
undertaking such as is mentioned in section 2(2)(c), he fails to
comply with the undertaking.

(4) A person shall be guilty of an offence if he represents,
whether by affixing an incorrect label to a package containing any
regulated fresh produce or in any other manner, that regulated fresh
produce the quality of which is inferior to that required for a
prescribed grade falls within that grade.

[(5) A person shall be guilty of an offence if he sells, offers
for sale, delivers, or markets in any other manner any regulated
fresh produce in contravention of Community grading rules or with
intent to sell, offer for sale, deliver, or market in circumstances
that the sale, offer for sale, delivery or marketing would
contravene those rules, he

(a)offers or exposes the produce for sale; or

(b)not being the producer thereof, has the produce in his possession
for sale; or

(c)being the producer thereof consigns the produce for sale.

(6) A person shall be guilty of an offence if, on behalf of the
owner of any regulated fresh produce

(a)he sells, offers for sale, delivers or markets regulated fresh
produce in circumstances such that the sale, offer for sale,
delivery or marketing contravenes Community grading rules; or

(b)with intent to sell, offer for sale, deliver or market regulated
fresh produce in such circumstances he offers or exposes it for
sale or has it in his possession for sale.

(7) A person shall be guilty of an offence if having given an
undertaking or having been responsible for the giving of an
undertaking on his behalf by another person as to any resorting,
regrading or relabelling of regulated fresh produce found not to
conform to Community grading rules he fails to comply with the
undertaking.

(8) A person shall be guilty of an offence if he offers regulated
fresh produce of a description included in Chapter 6 of the Common
Customs Tariff of the European Communities, as amended or replaced
from time to time, for which there is a prescribed grade and in
relation to which a price has been quoted in any advertisement,
catalogue or price list without giving particulars required by
Community grading rules relating thereto.

(9) A person shall be guilty of an offence if he despatches any
consignment of regulated fresh produce weighing 4 metric tons or
more from one despatching area as specified from time to time in
Community grading rules, to another such despatching area or exports
any consignment of regulated fresh produce to any place outside the
European Economic Community without any certificate accompanying the
produce as required by Community grading rules.

(10) A person shall be guilty of an offence if he knowingly gives
in relation to regulated fresh produce whether by affixing an
incorrect label or in any other manner a description of the produce
which does not comply with the requirements of Community grading
rules.

(11) A person shall be guilty of an offence if he fails to make
any request for inspection or give any notice or information
required by Community grading rules.]

HORTICULTURE ACT (NORTHERN IRELAND) 1966 - SECT 4
Penalty for act or default leading to commission of offence by
another.

4. Where a contravention of a provision of this Part for which a
person is liable to be convicted of an offence under [section
3(1)(2)(3)(5) or (6)] was due to an act or default of another
person, then, whether proceedings are taken against the
first-mentioned person or not, that other person may be charged with
and convicted of the offence, and shall on conviction be liable to
any punishment (whether by way of fine or imprisonment or both)
which does not exceed the maximum punishment to which the
first-mentioned person would, on conviction, be liable.

HORTICULTURE ACT (NORTHERN IRELAND) 1966 - SECT 5
Pleading of warranty as defence.

5.(1) Subject to the provisions of this section, where in
proceedings for an offence in relation to any produce under [section
3(1)(2)(5) or (6)] it would have been a defence for the person
charged to prove that the produce conformed to a prescribed grade,
it shall be a defence for him to prove

(a)that he brought or took delivery of the produce as being of a
quality falling within that grade, and with a written warranty to
that effect; and

(b)that at the time of the commission of the offence he had no
reason to believe the statement contained in the warranty to be
inaccurate, that he then did believe in its accuracy and that he
had taken such steps, if any, as were reasonably practicable to
check its accuracy; and

(c)that he took all reasonable steps to ensure that the quality of
the produce was the same at the time of the commission of the
offence as when it left the possession of the person from whom the
warranty was received.

(2) Where the proceedings are in respect of an offence committed by
the person charged in the course of his employment, it shall be a
defence for him to prove

(a)that if his employer had been charged the employer would have
had a defence under subsection (1) in respect of a warranty; and

(b)that at the time of the commission of the offence the person
charged had no reason to believe the statement contained in the
warranty to be inaccurate.

(3) Where the person charged intends to set up a defence under
this section he shall, not later than three days before the date
of the hearing,

(a)send to the prosecutor a copy of the warranty with a notice
stating that he intends to rely on it and specifying the name and
address of the person by whom it is alleged to have been given;
and

(b)send to the last-mentioned person a notice giving the date and
place of the hearing and stating that he intends to rely on the
warranty.

(4) The person by whom the warranty is alleged to have been given
shall be entitled to appear at the hearing and give evidence.

(5) If the person charged in any such proceedings as aforesaid
wilfully attributes to any produce a warranty given in relation to
any goods not including that produce, he shall be guilty of an
offence.

[(6) For the purposes of this section any grade or standard of
quality entered in an invoice or certificate relating to any produce
or indicated by a label affixed to the produce or a package or
freight container containing the produce shall be deemed to be a
written warranty that the produce conforms to the standard of
quality so entered or indicated.]

HORTICULTURE ACT (NORTHERN IRELAND) 1966 - SECT 6
Pleading of mistake, act of third party, etc., as defence.

6. In proceedings for any offence under section 3 in respect of
any produce it shall be a defence for the person charged to prove

(a)that the commission of the offence was due to the act or
default of some other person, or to a mistake, or to an accident
or some other cause beyond his control; and

(b)that he took all reasonable precautions and exercised all due
diligence to avoid the commission of such an offence in respect of
that produce by himself or any person under his control.

Power to require use of prescribed packages, etc.

HORTICULTURE ACT (NORTHERN IRELAND) 1966 - SECT 7

7.(1) With a view to reducing the risk of deterioration of or
damage to produce while in transit or promoting efficiency in the
transport and handling of produce, the Ministry may make regulations
imposing a duty on any person consigning fresh horticultural produce
in circumstances other than the circumstances mentioned in subsection
(3) to secure that such packages, pallets and other articles as may
be prescribed by the regulations are used for the transport of the
produce.

(2) The Ministry may make regulations directing that fresh
horticultural produce of any description shall not be

(a)sold; or

(b)offered or exposed for sale;

(i)the types, sizes, capacity and specifications of the packages;

(ii)the quantity of produce which may be, or is required to be,
packed therein;

<(iii)the manner in which the produce is to be packed, and the types and specifications of any packing material.

(3) The circumstances referred to in subsections (1) and (2) are,
respectively,

(a)the consigning of the produce for delivery after

(i)a sale by retail; or

(ii)a sale where the produce is to be used by the buyer in
manufacturing or producing any commodity for sale or other disposal
by him; and

(b)the sale or the offering or exposing for sale of the produce in
such a case as is mentioned in sub-paragraph (i) or (ii) of
paragraph (a).

[(c)the sale or offering for sale of produce subject to Community
grading rules.]

(4) If any person contravenes a regulation made under this section
he shall be guilty of an offence.

HORTICULTURE ACT (NORTHERN IRELAND) 1966 - SECT 8
Provisions as to sale of produce in packages.

8.(1) All fresh horticultural produce sold or offered or exposed for
sale, by wholesale or retail, in a package shall be packed in such
a manner that any of the produce which is exposed to view, or
which would be exposed to view if the package were opened in the
ordinary manner, fairly represents in size, maturity, condition and
variety the entire contents of the package.

(2) Any person who, in such a manner as to contravene this
section, either sells any fresh horticultural produce or offers or
exposes any such produce for sale shall be guilty of an offence.

Interpretation of Part I.

HORTICULTURE ACT (NORTHERN IRELAND) 1966 - SECT 9

9. In this Part

"defined grade", in relation to regulated fresh produce of any
description, means a grade of quality designated and defined in
relation to produce of that description under section 1(1);

"fresh horticultural produce" means

(a)fruit, vegetables, herbs, nuts and edible fungi, whether
freshly-gathered or stored or taken from store, but not including
potatoes or hops or any dried, frozen, bottled, canned or preserved
produce;

(b)cut flowers and decorative foliage;

(c)pot plants, bedding plants and herbaceous plants;

(d)shrubs and flowering trees;

(e)fruit trees, fruit bushes and fruit plants; and

(f)bulbs, corms and tubers;

"regulated fresh produce" has the meaning assigned to it by section
2(1).

Produce to which Part II applies.

HORTICULTURE ACT (NORTHERN IRELAND) 1966 - SECT 10

10. This Part applies to the following horticultural produce, that
is to say, fruit, vegetables and edible fungi, whether
freshly-gathered or stored or taken from store or dried, frozen,
bottled, canned or preserved.

HORTICULTURE ACT (NORTHERN IRELAND) 1966 - SECT 11
Licence to process horticultural produce.

11.(1) Subject to subsection (2), a person shall not, either by
himself or by any servant or agent of his, process in any premises
any horticultural produce to which this Part applies, except under
the authority of and in accordance with the conditions specified in
a licence issued to him by the Ministry under this Part and for
the time being in force with respect to those premises.

(2) Where the total weight of the horticultural produce processed in
any one set of premises during any one period of twelve consecutive
months does not exceed one [metric ton], a licence shall not be
required under subsection (1) for those premises in respect of that
period.

HORTICULTURE ACT (NORTHERN IRELAND) 1966 - SECT 12
Application for, issue, suspension and revocation of licences.

12.(1) Subject to subsection (2) and to the provisions of the
Schedule, where a person, in accordance with those provisions, makes
application to the Ministry for a licence authorising him to process
horticultural produce to which this Part applies, the Ministry shall
issue such a licence to him; and

(a)the provisions of the Schedule shall apply to every licence under
this section; and

(b)in the application of those provisions for the purposes of this
section, "licence" shall mean a licence issued under this section.

(2) Without prejudice to paragraph 3 of the Schedule, the Ministry
may refuse to issue a licence under this section if the Ministry
is not satisfied that

(a)the premises with respect to which application for the licence is
made are suitable, structurally and otherwise, for the purposes for
which the licence is sought, and are situated in such a position
and have available to them such services and facilities and
generally comply with such standards (including standards as to
hygiene) as are appropriate to those purposes; and

(b)that the plant, equipment and utensils to be used in or in
connection with those premises are mechanically efficient and comply
with standards such as are referred to in paragraph (a).

(3) The conditions which may be specified in a licence issued under
this section include

(a)conditions specifying the descriptions of produce which may be
processed;

(b)conditions with respect to the processing procedures to be
followed; and

(c)conditions designed to ensure that the premises with respect to
which the licence is granted and the plant, equipment and utensils
therein are maintained in a sound and hygienic condition.

HORTICULTURE ACT (NORTHERN IRELAND) 1966 - SECT 13
Standard of quality, etc. of horticultural produce processed in
Northern Ireland.

13. The Ministry may in relation to any description of horticultural
produce processed in Northern Ireland, being horticultural produce to
which this Part applies, by regulations

(a)designate and define grades of quality;

(b)make provision with respect to

(i)standards applicable to containers;

(ii)the filling of containers and the packaging and transporting of
graded produce;

<(iii)the minimum weight of horticultural produce that is to be packed in containers;

<(iv)the type, quantity and density of any substance (including any gas or any syrup, brine or other liquid) which may be added to the produce in containers; and

(v)any other requirement expedient for the maintenance of standards
of quality; and

(c)prescribe a mark to be affixed to or embossed on containers,
indicating the date of processing, or the nature, of any produce
packed in the containers.

HORTICULTURE ACT (NORTHERN IRELAND) 1966 - SECT 14
Offences under Part II.

14.(1) A person shall be guilty of an offence if

(a)either by himself or by any servant or agent of his he
processes any horticultural produce in contravention of section 11 or
in breach of any condition of a licence issued to him under this
Part; or

(b)in connection with an application for, or the issue of, a
licence under this Part he knowingly or recklessly makes any
statement or furnishes any information which is false in a material
particular or in any material respect misleading; or

(c)he fraudulently alters or uses, or causes or permits to be
fraudulently altered or used, any licence or other document issued
under this Part or any mark or indication prescribed under or used
for the purposes of this Part.

(2) A person shall be guilty of an offence if he contravenes any
regulation made under section 13(b) or (c).

(3) A person shall be guilty of an offence if whether by affixing
to or embossing on the container of any processed produce an
incorrect mark, or in any other manner, he wilfully makes any
misrepresentation as to the date on which the produce was processed
or the nature of the produce.

HORTICULTURE ACT (NORTHERN IRELAND) 1966 - SECT 15
Power of Ministry to undertake research, and to provide advice, etc.

15.(1) The subjects with respect to which the Ministry may, under
section 5(4) of the Agriculture Act (Northern Ireland) 1949, either
itself undertake research or make advances to a person or body
undertaking research, shall include matters relating to the processing
of horticultural produce.

(2) The Ministry may

(a)generally, provide for persons carrying on or proposing to carry
on a business involving the processing of horticultural produce, or
the packing or transporting of processed horticultural produce, advice
in relation to any of those matters; and

(b)in particular, in relation to any of the matters referred to in
paragraph (a), with the approval of the Ministry of Finance,

(i)arrange lectures, classes and displays (including demonstrations of
working exhibits and instructional apparatus); and

(ii)make schemes providing for the payment by the Ministry of sums
by way of scholarships for the purposes of enabling or assisting
persons to secure instruction or to undertake research in any
subject or course of subjects specified in the schemes.

HORTICULTURE ACT (NORTHERN IRELAND) 1966 - SECT 16
Meaninng of ""processing'' in relation to horticultural produce.

16. For the purposes of this Part "processing" in relation to
horticultural produce means subjecting such produce to any, or any
combination, of the following processes

(a)a process of peeling, trimming, washing or other preparation for
canning, bottling, drying or freezing;

(b)a process of filling into containers or closing containers, being,
in either case, a process used in association with any process such
as is referred to in paragraph (c), (d) or (e);

(c)a process of treatment by heat, chemicals, irradiation or any
other means of cooking or sterilising, whether before, during or
after filling into containers;

(d)a process of drying;

(e)a process of freezing;

Produce to which Part III applies.

HORTICULTURE ACT (NORTHERN IRELAND) 1966 - SECT 17

17. This Part applies to

(a)fresh horticultural produce (within the meaning of Part I) grown
in Northern Ireland; and

(b)processed horticultural produce;

Restriction on sending produce out of Northern Ireland.

HORTICULTURE ACT (NORTHERN IRELAND) 1966 - SECT 18

18.(1) Subject to subsection (2), a person shall not, either by
himself or by any servant or agent of his, send or attempt to
send any produce to which this Part applies out of Northern Ireland

(a)except under the authority of, and in accordance with the
conditions specified in, a licence issued to him under this Part
and then in force; and

(b)unless the produce conforms to such requirements as to standards
of quality, and such requirements for the purposes of inspection, as
may be prescribed.

(2) Subsection (1) shall not apply to a person who on any occasion
sends or attempts to send out of Northern Ireland produce to which
this Part applies, if the weight of that produce together with the
weight of any container or package in which it is contained does
not exceed such weight as may be prescribed.

HORTICULTURE ACT (NORTHERN IRELAND) 1966 - SECT 19
Licences to send produce out of Northern Ireland.

19.(1) Subject to the provisions of the Schedule, where a person,
in accordance with those provisions, makes application to the
Ministry for a licence authorising him to send out of Northern
Ireland produce to which this Part applies, the Ministry shall issue
such a licence to him; and

(a)the provisions of the Schedule shall apply to every licence under
this section; and

(b)in the application of those provisions for the purposes of this
section, "licence" shall mean a licence issued under this section.

(2) Without prejudice to paragraph 3 of the Schedule, the Ministry
may refuse to issue a licence under this section if the Ministry
is not satisfied that the applicant will maintain in Northern
Ireland appropriate premises (including storage and other facilities)
for the handling and packing of horticultural produce.

HORTICULTURE ACT (NORTHERN IRELAND) 1966 - SECT 20
Power to prescribe labels.

20. For the purposes of section 18(1)(b) the Ministry may, in
relation to any description of produce for which grades of quality
are defined under section 13(a) which is also produce to which this
Part applies, prescribe for each grade so defined the form of a
label for indicating that produce falls within that grade.

HORTICULTURE ACT (NORTHERN IRELAND) 1966 - SECT 21
Giving of information and production of licences.

21.(1) Any person conveying or having custody or possession of
produce to which this Part applies which is being or has been
moved or otherwise dealt with in contravention of any provision of
this Part or any regulation made thereunder or in breach of any
condition of a licence issued under this Part, or which is on
reasonable grounds suspected by an authorised officer or a constable
of being or having been so moved or dealt with, shall, on the
demand of the officer or constable, give his name and address and
any information within his knowledge as to the produce which may be
demanded of him by the officer or constable.

(2) Any person having custody or possession of produce to which
this Part applies which is being or has been moved or otherwise
dealt with in circumstances in which a licence is required by
virtue of this Part, or in circumstances in which such a licence
appears to an authorised officer or a constable to be so required,
shall, on demand by the officer or constable, produce such a
licence for inspection.

(3) Any person consigning produce to which this Part applies for
delivery outside Northern Ireland shall, on demand made by or on
behalf of the carrier, produce for inspection a licence issued to
him under this Part for the time being in force.

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

HORTICULTURE ACT (NORTHERN IRELAND) 1966 - SECT 22
Detention and seizure of produce.

22.(1) An authorised officer or a constable may seize and may
detain in custody any produce to which this Part applies which is
being, or which is on reasonable grounds suspected by such an
officer or constable of being, sent out of Northern Ireland in
contravention of any provision of this Part or of any regulation
made thereunder or in breach of any condition of a licence issued
under this Part or of a permit issued under the succeeding
provisions of this Act.

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

(a)release the produce; or

(b)take such steps as may be proper to have dealt with according
to law the person believed to be guilty of the offence committed,
or believed to have been committed, in relation to the produce, and
may release the produce when he considers that its detention is no
longer necessary for the purposes of the legal proceedings.

(3) Produce 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 period of 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.

HORTICULTURE ACT (NORTHERN IRELAND) 1966 - SECT 23
Offences under Part III.

23.(1) A person shall be guilty of an offence if

(a)either by himself or by any servant or agent of his he sends
or offers or agrees or attempts to send produce to which this Part
applies out of Northern Ireland in contravention of any provision of
this Part or of any regulations made thereunder, or in breach of
any condition of a licence issued to him under this Part; or

(b)in connection with an application for, or the issue of, a
licence under this Part, he knowingly or recklessly makes any
statement or furnishes any information which is false in a material
particular or in any material respect misleading; or

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

(d)whether by affixing an incorrect label or mark to the container
of any processed produce, being produce to which this Part applies
consigned out of Northern Ireland of a description for which grades
of quality have been designated and defined under section 13(a), or
to any package containing such produce or in any other manner, he
represents that any such produce the quality of which is inferior
to that required for a grade so designated and defined falls within
that grade; or

(e)on the demand of an authorised officer or a constable he does
not give his name and address or any information, or produce any
licence, required under section 21; or, on a demand made by or on
behalf of a carrier under subsection (3) of that section, he does
not produce a licence as required by that subsection.

(2) Section 6 shall apply to proceedings for an offence under
subsection (1)(d) in like manner as it applies to proceedings for
an offence under section 3.

Power to enter premises, etc., and examine horticultural produce.

HORTICULTURE ACT (NORTHERN IRELAND) 1966 - SECT 24

24.(1) Any person authorised by the Ministry in writing to exercise
functions under this Act (in this Act referred to as an "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 any reasonable time, any premises (other than a
building used only as a private dwelling-house) or any place which
he has reasonable cause to believe to be premises or, as the case
may be, a place where horticultural produce is grown for sale,
graded, processed or packed, or on which horticultural produce
intended for sale is to be found;

(b)to enter, at any reasonable time, 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 wagon, 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 horticultural produce
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 and, without payment, take reasonable samples of any
horticultural produce found in or upon any such premises, place,
vessel, aircraft or vehicle and to seize and detain any label,
package or container used in connection with such produce.

(2) An authorised officer entering any premises, place, vessel,
aircraft or vehicle by virtue of this section may take with him
such other persons and such equipment as may appear to him
necessary.

(3) If any authorised offiicer or other person who enters any
premises by virtue of this section discloses to any person any
information obtained by him in the premises with regard to any
manufacturing process or trade secret, he shall, unless the
disclosure was made in the performance of his duty, be guilty of
an offence.

HORTICULTURE ACT (NORTHERN IRELAND) 1966 - SECT 25
Power to give directions as to horticultural produce in transit.

25.(1) Where an inspection of horticultural produce of any
description is made under this Act whilst the produce is in transit
and an authorised officer is satisfied that the produce does not
conform to any standard of quality prescribed under this Act for
produce of that description, or is not graded, packed and labelled
in the manner so prescribed, the Ministry or the authorised officer
may direct that the produce shall be returned to the consignor at
the place from which it was consigned or, if the Ministry or the
authorised 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.

(2) 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.

HORTICULTURE ACT (NORTHERN IRELAND) 1966 - SECT 26
Power of authorised officer to regrade produce.

26. Where, in or upon any premises, place, vessel, aircraft or
vehicle which he has a right to enter under section 24, an
authorised officer finds any horticultural produce, being produce of
a description for which grades of quality are defined under any
provision of this Act,

[(a)which has affixed to it a label or which is accompanied by a
certificate which is in the form prescribed for any produce under
section 1 or 20, for any grade designated or defined under section
1 or 13(a) as the case may be or is in a container or package
or freight container to which such a label is affixed or which is
accompanied by a certificate, but

(b)which he has reasonable cause to believe to be of a quality
inferior to the quality required for that grade,

(i)in such manner as may be prescribed, cancel that label or
certificate and affix to the produce or to the container or package
or freight container a label in such form as may be prescribed,
indicating what appears to him to be the correct grade or, where
it appears to him that the quality of the produce is inferior to
that required for the lowest grade defined for produce of that
description indicating that fact; or]

(ii)require any person who has custody or possession of the produce,
or authorise any other person, to do in the like manner anything
referred to in paragraph (i).

HORTICULTURE ACT (NORTHERN IRELAND) 1966 - SECT 27
Offences.

27.(1) A person shall be guilty of an offence if

(a)he wilfully obstructs or impedes an authorised officer or a
constable acting under this Act; or

(b)without reasonable cause he fails to give to any authorised
officer or any constable acting as aforesaid any assistance or
information which the authorised officer or constable (as the case
may be) may reasonably require of him for the purposes of the
performance by the authorised officer or constable of his functions
under this Act.

(2) A person shall be guilty of an offence if, in giving to an
authorised officer or a constable any such information as is
mentioned in subsection (1), he knowingly or recklessly gives any
information which is false in a material particular.

[(3) A person shall be guilty of an offence if

(a)without lawful authority he affixes to a container or package or
freight container containing any horticultural produce, or to the
produce itself, or to the certificate accompanying the produce a
label in the form prescribed for the purposes of section 26 or for
the purposes of any corresponding provision of an enactment of the
Parliament of the United Kingdom for the time being in force; or

(b)having been lawfully required, in pursuance of section 26, to
affix to any container or package, or freight container or produce
or to the produce itself, or to the certificate accompanying the
produce such as is described in paragraph (a) any label in the
form prescribed for the purposes of section 26, he fails to do so
within any reasonable period of time specified to him by the person
issuing the requirement, or, having been so required or in like
manner authorised to so affix such label, he does so otherwise than
in accordance with the terms of the requirement or authorisation; or

(c)where under section 26 or any such corresponding provision as is
mentioned in paragraph (a) a label has been affixed to a container
or package or freight container containing any fresh horticultural
produce, or to the produce itself or to the certificate accompanying
such produce, he with intent to deceive, removes, alters, defaces or
conceals the label.]

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

Records and returns.

HORTICULTURE ACT (NORTHERN IRELAND) 1966 - SECT 28

28.(1) The holder of a licence or permit issued under this Act
shall

(a)keep such records of purchases, sales, despatch, transit and
delivery of horticultural produce dealt with by him, and such
records with respect to horticultural produce processed by him, and
shall furnish to the Ministry such information and returns in such
form and at such times, as may be prescribed; and

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

(2) If any person

(a)fails or neglects to keep such records as are required to be
kept under subsection (1), or to make true and correct entries
therein of all particulars required under that subsection to be kept
in such records; or

(b)in any way alters or falsifies any such records, or makes or
causes or permits to be made any false entry in any such records
or, with intent to deceive, makes use of any such entry which he
knows to be false; or

(c)being required to furnish any return or other information under
subsection (1), fails to furnish the return or information in all
respects in accordance with the requirements of any regulations made
under that subsection, or knowingly or recklessly furnishes any
return or information which is false in a material particular;

Disclosure of returns and information.

HORTICULTURE ACT (NORTHERN IRELAND) 1966 - SECT 29

29.(1) Subject to subsection (2), returns and other information
furnished in pursuance of section 28, and any information obtained
on an examination made in pursuance thereof, shall not, without the
consent of the person to whose business the returns or information
relate, be disclosed otherwise than to the Ministry or an officer
of the Ministry.

(2) Subsection (1) shall not apply to

(a)the disclosure of returns or information in the form of a
summary of similar returns or information furnished by or obtained
from a number of persons, if the summary is so framed as not to
enable particulars relating to any individual business to be
ascertained from it; or

(b)any disclosure of information made for the purposes of any legal
proceedings pursuant to this Act, or for the purposes of any report
of any such proceedings.

(3) If any person discloses any information in contravention of this
section he shall be guilty of an offence.

Limited and temporary exemptions.

HORTICULTURE ACT (NORTHERN IRELAND) 1966 - SECT 30

30.(1) Where, on the application of any person, the Ministry is
satisfied that it is expedient to exempt him from any obligation
imposed on him by virtue of any provision of this Act relating to
the grading, processing, packing, labelling, transport or display of
horticultural produce or the sending of any such produce out of
Northern Ireland, the Ministry may issue to him a permit in writing
conferring on him any such exemption on such occasions, or for such
period not exceeding twelve months, as may be specified in the
permit.

(2) The Ministry may amend, alter or rescind a permit issued under
subsection (1), but no such amendment, alteration or rescission shall
take effect unless and until it has been brought to the notice of
the holder of the permit.

(3) Any person

(a)having custody or possession of horticultural produce in
circumstances which are such as to appear to an authorised officer
or a constable to require a permit under this section; or

(b)consigning horticultural produce in circumstances which are such as
to appear to the carrier to require a permit under this section;

(i)produce such a permit for inspection; and

(ii)state his name and address; and

<(iii)give any information within his knowledge as to the produce.

(4) If any person

(a)in connection with an application for, or the issue of, a permit
under this section, knowingly or recklessly makes any statement or
furnishes any information which is false in a material particular or
in any material respect misleading; or

(b)fraudulently alters or uses or causes or permits to be
fraudulently altered or used any permit issued under this section;
or

(c)does not comply with any condition of a permit issued to him
under this section;

(5) If any person who has custody or possession of horticultural
produce in circumstances which are such as to require a permit
under this section fails on the demand of an authorised officer or
a constable, or, as the case may be, a carrier, to

(a)produce the permit for inspection; or

(b)state his name and address; or

(c)give any other information lawfully so demanded of him;

(6) Nothing in this section shall be construed as requiring a
person to answer any question or give any information (other than
his name and address) if to do so might incriminate him.

Punishment of offences under this Act.

HORTICULTURE ACT (NORTHERN IRELAND) 1966 - SECT 31

31.(1) A person guilty of an offence under section 23(1)(e), or
section 27(1) or (2), or section 30(5) shall be liable on summary
conviction to a fine not exceeding fifty pounds.

(2) A person guilty of an offence under any of the provisions of
this Act, other than the provisions mentioned in subsection (1),
shall be liable on summary conviction to a fine not exceeding
[#100], or, in the case of a second or any subsequent offence
under the same provision, to a fine not exceeding [#250], or to
imprisonment for a term not exceeding three months, or to both such
fine and such imprisonment.

HORTICULTURE ACT (NORTHERN IRELAND) 1966 - SECT 32
Prosecution of offences.

32.(1) No proceedings for an offence under any of the provisions of
this Act may be instituted except

(a)by the Ministry; or

(b)by, or with the consent of, the Attorney-General.

(2) Subsection (1) shall not operate so as to affect a prosecution
for an offence committed by an authorised officer or other officer
of the Ministry.

Regulations and orders.

HORTICULTURE ACT (NORTHERN IRELAND) 1966 - SECT 33

33.(1) All regulations made under this Act, and any orders made
under section 2(3), shall be subject to negative resolution.

(2) Before making any regulations under this Act the Ministry shall
consult with such organisations as appear to the Ministry to be
representative of interests affected by the regulations.

(3) Before making any regulations under this Act, in a case where
the regulations relate to matters which may be dealt with by
regulations made under the Food and Drugs Act (Northern Ireland)
1958, the Ministry shall consult with the Ministry of Health and
Social Services.

S.34 rep. by SLR 1976

HORTICULTURE ACT (NORTHERN IRELAND) 1966 - SECT 35
Interpretation.

35.(1) In this Act

"authorised officer" has the meaning assigned to it by section
24(1);

["Community grading rules" means any directly applicable Community
provisions establishing standards of quality for fresh horticultural
produce;]

["certificate" includes any document other than a label which
accompanies any produce and which contains information relating to
the standard of quality to which it refers;

"standards of quality" means in relation to produce a common
standard imposed by Community grading rules relating to quality, size
and packaging;

"freight container" means any returnable container especially designed
for the carriage of freight in transport.]

"container" means a can, bottle, carton or other vessel or
receptacle used in the processing of horticultural produce or in
which processed horticultural produce is packed;

"label" includes any device for conveying information by written
characters or other symbols, and any characters or symbols stamped
or otherwise placed directly on to a package or container or, as
the case may be, the produce, and references to the affixing of a
label shall be construed accordingly;

"the Ministry" has the meaning assigned to it by section 1(1);

"package" includes any wrapper, bag, basket, pail, punnet, tray,
case, carton, parcel, cask, box, crate or other receptacle;

"premises" includes any stall;

"prescribed" means prescribed by regulations made by the Ministry;

"processed horticultural produce" means horticultural produce to which
Part II applies which has been processed (within the meaning of
that Part) in Northern Ireland.

(2) In sections 24 to 30 "horticultural produce" means produce being

(a)regulated fresh produce within the meaning of Part I;

(b)processed horticultural produce;

(c)horticultural produce of any description to which Part III
applies.

HORTICULTURE ACT (NORTHERN IRELAND) 1966 - SECT 36
Savings.

36. Nothing in this Act shall affect the operation of

(a)the Destructive Insects and Pests Acts (Northern Ireland) 1877 to
1934; or

(b)the Food and Drugs Act (Northern Ireland) 1958.

S.37 repeals 1931 c.8 (NI)

HORTICULTURE ACT (NORTHERN IRELAND) 1966 - SECT 38
Short title and commencement.

38.(1) This Act may be cited as the Horticulture Act (Northern
Ireland) 1966.

(2) Commencement1. An application for a licence shall be in such
form as the Ministry may require, and shall be made to the
Ministry at such time and in such manner as may be prescribed.

2.(1) An applicant for a licence of any description shall, at the
time at which the application is made, pay to the Ministry a fee
of such amount as may, with the approval of the Ministry of
Finance, be prescribed with respect to licences of that description.

(2) The Public Offices Fees Act 1879 shall not apply to a fee
payable under this paragraph.

3. The Ministry may refuse to issue a licence to an applicant

(a)who gives false information in his application; or

(b)who formerly held a licence and whose licence has been revoked;
or

(c)whom the Ministry believes on reasonable grounds not to be the
person for the benefit of whose business the application for the
licence was made.

4. Where an application for a licence is refused the Ministry shall
repay to the applicant the amount of the fee paid by him under
paragraph 2.

5. A licence shall, unless suspended under paragraph 7 or revoked
under paragraph 8, be in force for such year or for such other
period as the Ministry may direct, but shall be renewable; and this
Schedule shall apply to the renewal of a licence as it applies to
the grant thereof.

6. The Ministry may amend any conditions specified in a licence but
no such amendment shall have effect unless and until it has been
brought to the notice of the holder of the licence.

7. Where the Ministry has reason to suspect that the holder of a
licence has contravened the provisions of the Part under which the
licence was issued or Part IV or regulations made under any such
Part or any condition of the licence, the Ministry may, pending
investigation of the suspected contravention and on giving notice in
writing to the holder specifying the suspected contravention, 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 paragraph 8.

8. The Ministry may revoke or refuse to renew a licence

(a)where the Ministry is satisfied that the holder of the licence
has contravened any of the provisions of the Part under which the
licence was issued or Part IV or regulations made under any such
Part or any condition of the licence; or

(b)where the Ministry is not satisfied that the premises, if any,
with respect to which the licence was granted or the plant,
equipment or utensils therein are being maintained in conformity with
standards applicable thereto by virtue of this Act; or

(c)on any ground on which the Ministry might have refused to issue
a licence.

9. Where the Ministry proposes to revoke or to refuse to renew a
licence, the Ministry shall give to the holder of the licence at
least twenty-eight days prior notice of its intention to do so and
of the grounds upon which the proposed revocation or refusal is
contemplated; and before revoking or, as the case may be, refusing
to renew the licence the Ministry shall consider any representations
in relation thereto made by the holder before the expiration of the
notice.

10. Where the Ministry refuses to issue a licence or revokes or
refuses to renew a licence

(a)the Ministry shall send by post a notice of the refusal to
issue a licence or of the revocation or refusal to renew to the
person whose application for a licence has been refused or, as the
case may be, whose licence has been revoked or the renewal of
whose licence has been refused; and,

(i)the notice shall specify the grounds on which the application has
been refused or the licence revoked or its renewal refused; and

(ii)where a licence has been refused under paragraph 3(c) or the
licence has been revoked or the renewal thereof has been refused
under paragraph 8(a), the notice shall inform that person of his
right of appeal under sub-paragraph (b) and of the time within
which the appeal may be brought;

(b)a person whose application for a licence has been refused under
paragraph 3(c) or whose licence has been revoked or the renewal of
whose licence has been refused under paragraph 8(a) may, within
twenty-eight days from the date on which a notice under
sub-paragraph (a) is served on him, appeal to the county court on
the ground that he is a bona fide applicant for a licence, or, as
the case may be, that there has not been any such contravention as
is described in paragraph 8(a) or that any such contravention was
inadvertent or of such a trivial or insignificant nature that the
licence should not be revoked or withheld;

(c)the county court in deciding an appeal brought under sub-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 licence held by him.

12. When a licence is suspended or revoked, the holder shall,
within fourteen 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 paragraph 11.