SECTION 14.
(1) The Minister shall, before registering any premises in the register of creameries, the register of cream-separating stations, or the register of manufacturing exporters, be satisfied that the conditions of cleanliness and order are complied with by such premises and that such premises comply with such other conditions for the registration of such premises as are specified in this Act or in any regulations made thereunder.
(2) Before registering any premises in the register of creameries the Minister shall be satisfied—
(a) that such premises are equipped with efficient plant and machinery of the description specified in the First Schedule to this Act, or with such other plant or machinery as shall be approved of by the Minister, and
(b) if any regulation under this Act is for the time being in force requiring premises registered in the register of creameries to be equipped with plant for pasteurising milk or cream or both milk and cream, that the premises are duly equipped with such pasteurising plant as is required by such regulation, and
(c) that the creamery business carried on thereon is such that in the ordinary course of such business the quantity of butter produced on each day on which the business is so carried on exceeds fifty-six pounds in weight.
(3) Before registering any premises in the register of cream-separating stations the Minister shall be satisfied—
(a) that such premises are equipped with efficient plant and machinery of the description specified in the First Schedule to this Act, or with such other plant or machinery as shall be approved of by the Minister, and
(b) if any regulation under this Act is for the time being in force requiring premises registered in the register of cream-separating stations to be equipped with plant for pasteurising milk or cream or both milk and cream, that the premises are duly equipped with such pasteurising plant as is required by such regulation, and
(c) that the cream-separating business carried on thereon is such that in the ordinary course of such business the quantity of cream-separated from milk on each day on which the business is so carried on is sufficient for the manufacture of not less than twenty-eight pounds of butter.
(4) Before registering any premises in the register of manufacturing exporters the Minister shall be satisfied—
(a) that such premises are equipped with efficient plant and machinery of the description specified in the Second Schedule to this Act, or such other plant or machinery as shall be approved of by the Minister, and
(b) that the manufacturing business carried on thereon is such that in the ordinary course of such business the quantity of butter produced on each day on which the business is so carried on exceeds fifty-six pounds in weight.
(5) The Minister shall before registering any premises in the register of non-manufacturing exporters be satisfied that—
(a) the premises are structurally suited for carrying on the business of examining and classifying butter for export and are sufficiently provided with equipment, fittings, and appliances suitable for the business, and
(b) the premises and the equipment, fittings, and appliances thereof are in a state of cleanliness and good repair, and
(c) the premises contain adequate and suitable accommodation for the carrying on, in accordance with the requirements of this Act and any regulations made thereunder, of the business of examining and classifying butter for export, and
(d) the premises are properly equipped with the prescribed appliances and requisites for examining and classifying butter for export and for marking butter and the packages and wrappers (if any) in which it is packed for export, and
(e) the premises comply with such other conditions as shall be prescribed.
I move:—
In sub-section (2) (a), line 12, and sub-section 3 (a), line 29, to delete all words after the word " act " to the end of the paragraphs and substitute therefor in each case the following: " and may be equipped with such additional plant or machinery as shall be approved by the Minister."
There is an amendment in the green paper in the name of Deputy P. K. Hogan which practically covers the same ground. The idea is to see that each creamery must be equipped with a minimum quantity of plant specified in the schedule, and that in addition the Minister may prescribe any other plant which he thinks is necessary.
This amendment is necessary or an amendment to this effect. The Schedule specifies only the minimum equipment, and what is considered a minimum equipment to-day may not be considered a minimum equipment next year. I have asked the Draftsman to throw his eye over this, and perhaps Deputy Heffernan would accept his version. It would read like this: " before registering any premises in the Register of Creameries the Minister shall be satisfied that such premises are equipped with efficient plant and machinery of the description specified in the first Schedule to this Act, and with such additions and variations (if any) as may be prescribed or as may in any particular case be required or."
I am not quite sure about variations. I think the acceptance of the word " variations " would alter my intention almost completely. My idea is that it should be obligatory on the creamery to maintain the minimum quantity of plant specified in the Schedule, and I do not want to allow that they should do without less. As a general experience, all who know anything about creameries know that no creamery can be considered adequately equipped that has less plant. I am sure that the Minister in the administration of the Bill intends to see that they will not have less than the minimum. No particular make of separator should be definitely specified. The Minister should have power to specify different makers, but he should not have power to say that a creamery should do without a separator or any essential machinery.
The point of the word " variations " is to enable the equipment to be brought up to date. Plant changes every year. Next year, as the result of a new discovery, you may have a different kind of plant; and one of these machines in that Schedule may be absolutely out of date. It may be done without, and some other machine substituted at some other point in the process of butter-making. That was really the meaning of the introduction of the word " variations." If we did not put in the word " variations," we would be under the necessity of prescribing particular machines set out under the Schedule. So that the word " variations " would be necessary from that point of view. It can hardly be doubted that every three or four years or six years new machines will come in and old ones go out. Hence, we would need to provide for variations. What Deputy Heffernan is afraid of is that apart altogether from the fact that a particular machine may go out of fashion, we may say to some creamery: " You need that particular separator." That could be done under that amendment, but there is very little idea of it. On the other hand, we must have the word " variations," in view of the fact that methods and machines change.
I am willing to accept that. I withdraw.
I move:—
In sub-section (2) (a), lines 12 and 13, sub-section (3a), 29 and 30, sub-section (4) (a), 48 and 49, to delete the words " or with such other plant or machinery as shall be " and to insert in lieu thereof in each place the words " with such additions and variations (if any) as may be prescribed or as may in any particular case be required or."
Amendment put and agreed to.
I withdraw my amendment. (No. 21.)
In sub-section (4) (b), line 52, you have the word " produced." It reads: " that the manufacturing business carried on therein is such that in the ordinary course of such business the quantity of butter produced on each day." They do not produce butter; they deal with butter. Perhaps I am wrong, but I thought the word should be " dealt with " and not the word " produced."
That is a nice point, and we will consider that before the Report Stage.
Question: " That Section 14, as amended, stand part of the Bill "—put and agreed to.
