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Special Committee Pigs and Bacon Bill, 1934 díospóireacht -
Wednesday, 10 Apr 1935

SECTION 64.

(1) On and after the appointed day it shall not be lawful for any bacon to be received into any licensed premises (in this sub-section referred to as the first-mentioned premises) except bacon which was produced in the first-mentioned or some other licensed premises and either—
(a) is consigned to the first-mentioned premises directly from some other licensed premises, or
(b) is consigned to the first-mentioned premises directly from a cold store in which it was stored by the licensee of the first-mentioned premises or the licensee of some other licensed premises, or
(c) was consigned from the first-mentioned premises and is returned to those premises by the person to whom it had been consigned from those premises.

I move amendment No. 36 :—

In sub-section (1), paragraph (c), to delete all the words after the words " first-mentioned premises " in line 46.

This provides for the reception of bacon into a licensed premises. Paragraph (c) of sub-section (1) purports to deal with bacon that has been sent out and returned to the factory by the consignee. It reads as follows :—

On and after the appointed day it shall not be lawful for any bacon to be received into any licensed premises (in this sub-section referred to as the first-mentioned premises) except bacon which was produced in the first-mentioned or some other licensed premises and . . . was consigned from the first-mentioned premises and is returned to those premises by the person to whom it had been consigned from those premises.

I cannot see the necessity for the words " and is returned to those premises by the person to whom it had been consigned from those premises." Let us suppose that a situation arises, such as Deputy McGovern has described, in which a customer buys a side of John Doe's bacon, John Doe being a licensed curer. John Doe dispatched the bacon to a wholesaler, the wholesaler sent it to a retailer, and the retailer sold it to a consumer. The bacon has gone wrong on the consumer's hands. The factory would be very glad to have that bacon sent back direct to it by the consumer in order to vindicate its good name. In that case, it could go straight back to the factory and the factory would see at the earliest possible moment what went wrong with it. We have provided quite clearly that the bacon cannot be taken back unless it was consigned from the first-mentioned premises. Why is it necessary to say that it must be returned by the person to whom it was consigned ?

Minister for Agriculture

I was anxious to hear the Deputy's arguments on this, because I did not know what he had in mind. I can see now that there is a very sound argument in what he says and I think we should accept this amendment. The only fear I have is that it may leave the section a little too wide.

How can it ? If I am a manufacturer of bacon and the bacon goes around to 50 people, I can only take my own bacon back.

Minister for Agriculture

I am only saying that, in case I have gone too far, I may have to do something on the Report Stage to make it right. However, I am prepared to accept the amendment.

Amendment 36 agreed to.

Why is sub-section (3) necessary ? It says: " In this section the expression ‘ cold store ' does not include a cold store which forms part of licensed premises."

Minister for Agriculture

Of course every factory has a chilling store and we want to make it clear that this part of the licensed premises is not included. It is really only intended to make the matter clear.

Section 64, as amended, agreed to.
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