SECTION 9.
(1) Subject to the exceptions mentioned in this section, all butter exported from Saorstát Eireann shall be exported only from premises registered in the register of creameries, the register of manufacturing exporters, or the register of non-manufacturing exporters and shall comply with the following conditions, that is to say—
(a) the butter shall have been packed for export in accordance with the provisions of this Act and any regulations made thereunder, and
(b) the butter and also the package containing the butter and any wrapper in which the butter is packed shall be marked with the marks (if any) prescribed by regulations made under this Act, and
(c) if the national mark to be established under Part IV. of this Act is applied to the butter or the package in which it is contained or any wrapper in which it is packed, the provisions of this Act and any regulations made thereunder in relation to such national mark shall be complied with, and
(d) if exported from premises registered in the register of creameries the butter—
(i) shall have been packed in those premises and shall not have been removed from the package and wrapper (if any) in which it was so packed, and
(ii) the butter shall be clean and shall not contain water in excess of sixteen per cent., and
(iii) shall be exported direct from the premises aforesaid by the registered proprietor of those premises, and
(e) if exported from premises registered in the register of manufacturing exporters the butter—
(i) shall not, prior to export, be removed from the package or any wrapper in which it was contained when it left the premises, and
(ii) shall be clean and shall not contain water in excess of sixteen per cent., and
(iii) shall be exported direct from the premises aforesaid by the registered proprietor of those premises, and
(f) if exported from premises registered in the register of non- manufacturing exporters, the butter—
(i) shall not, prior to export, be removed from the package or any wrapper in which it was contained when left the premises, and
(ii) shall be clean and, if and when so prescribed, shall not contain water in excess of sixteen per cent., and
(iii) shall be exported direct from the premises aforesaid by the registered proprietor of those premises.
(2) Every person who shall export or attempt to export any butter which does not comply with all the conditions prescribed by the fore- going sub-section shall be guilty of an offence under this section.
(3) Every person who shall carry by land or sea for reward any butter which is being or is intended to be exported in contravention of this section shall, if such carrying is done in the course or for the purpose of the exportation of such butter, be guilty of an offence under this section un- less such person proves that he did not know and could not reasonably have known that such butter was being exported in contravention of this section.
(4) Every person guilty of an offence under this section shall be liable on summary conviction thereof, in the case of a first offence to a fine not exceeding twenty pounds, and in the case of a second or any subsequent offence to a fine not exceeding fifty pounds or, at the discretion of the court, to imprisonment for any term not exceeding six months or to both such fine and imprisonment.
(5) This section shall not apply to any butter exported—
(a) by means of the parcel post, or
(b) in any consignment the total gross weight of which does not exceed the maximum weight for the time being allowed to be sent by the parcel post, or
(c) under and in accordance with an exportation licence granted under this Act, or
(d) in a package consigned and forwarded through Saorstát Eireann from any place outside Saorstát Eireann to any other place but not otherwise dealt with in Saorstát Eireann
I move :—
In sub-section (1) (d) (ii), page 7, line 65, after the word " cent " to insert the words shall be free from preservative other than pure dairy salt and."
The object of the amendment is to se- cure that no preservative other than pure dairy salt shall get into the butter by accident or otherwise. That is being done. Other matters are being put into the butter, the suggestion being that it is for the purpose of preserving it; and it is with the object of seeing that the butter shall not contain these matters that the amendment is proposed.
I want to raise a question as to the use of the words " dairy salt." It is purely a trade name, and I think it is liable to misunderstanding. The term " pure salt " is more satisfactory. " Dairy salt " means nothing, except to the people in the trade and to the people who like to sell it as " dairy salt."" Pure salt " is much more satisfactory.
I am told that " pure salt " and " pure dairy salt " are two different things, and that pure salt is not the right thing for butter.
Then we must understand what we mean by " dairy salt." Dairy salt is made by some manufacturer who calls it " dairy salt," and who says that it is the best possible for preserving butter. But it depends entirely upon what the manufacturer calls it. There is no standard dairy salt. I happen to know some- thing about this. I happen to know that different manufacturers have different qualities, and they call it " dairy salt," and it is left to the court to decide whether it is.
It is only used as a preservative for preserving butter. Could you not say dairy salt of a certain nature?
Amendment, with the word " dairy " after the word " pure " deleted—put and agreed.
Before passing from that—in paragraph (b) it states: " The butter and also the package containing the butter, and any wrapper in which the butter is packed shall be marked with the marks." That is bad phrasing. What is the suggestion about marking the butter as distinct from the packages and the paper and the wrapper?
You are not going to propose that the butter itself should be marked? Because you will have to make a permanent impression if you mark the butter.
What is referred to there is the flimsy paper.
It is not well phrased there.
I think it is a matter for reconsidering and rephrasing.
I wish to ask two questions. One is with reference to paragraph (f) (ii): " Shall be clean and if and when so prescribed, shall not contain water in excess of sixteen per cent." Do the words " if and when so prescribed " mean that butter containing over sixteen per cent. of water can be exported?
Yes. Under special circumstances it may or may not be.
Sub-section (3) says: " Every person who shall carry by land or sea," etc. Does that imply that no butter can be exported in the condition in which it may have been bought from the producer or seller un- less it is certified that it does not contain over 16 per cent. of water?
Oh, no. Any man who exports must get a certificate in regard to every consignment. If butter is found being exported without such a licence and containing more than 16 per cent. of water, the exporter is liable to a fine.
Question —" That Section 9, as amended, stand part of the Bill, subject to the redrafting of sub-section 1 "—put and agreed to.
