Destructive insects and pests (ireland) order 1922




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DESTRUCTIVE INSECTS AND PESTS (IRELAND) ORDER 1922
THE Department of Agriculture and Technical Instruction for Ireland,

in exercise of the powers conferred on them by the Destructuve

Insects and Pests Acts, 1877 and 1907, and the Provisional

Government (Transfer of Functions) Order, 1922, and of all other

powers them in this behalf enabling, do hereby, with the concurrence

of the Minister for Agriculture, order as follows:—

Commencement.

1. This Order shall come into operation on the fourth day of December, 1922.

Definitions.

2. In this Order:—

" The Department " means the Department of Agriculture and Technical

Instruction for Ireland.

" Inspector " means an Inspector of the Department.

" Plant " where the context permits, includes tree and shrub, and

the fruit, seeds, tubers, bulbs, layers, cuttings or any other parts

of a plant.

" Landing " includes importation through the post.

" Premises " means land, or a building or buildings, or land with

a building or buildings thereon.

" Person " includes a corporation.

" authorised " means authorised by the Department.

Restriction on Importation of Plants.


3.—(1) The landing in Ireland at any place within the jurisdiction

of the Provisional Government of Ireland from any country other than

Great Britain and the Channel Islands of any of the plants

mentioned in the First Schedule to this Order is prohibited except

in accordance with the regulations set out in the Third Schedule

hereto.


(2) The importer of any plant the landing of which is regulated by

this Article shall comply with the Regulations set out in the Third

Schedule hereto.

(3) This Article shall not apply to any plant the landing of which

is authorised by a general licence issued by the Department, or by

a special licence issued by an Inspector or other authorised person,

or to a consignment of a plant to the Department for experimental

or scientific purposes.

Powers of Entry.
4. An Inspector, or other authorised person may, upon production if

so required of his appointment or authority, enter any premises at

any place within the jurisdiction of the Provisional Government of

Ireland, and examine any plant on such premises which has been

landed in Ireland from any country except as aforesaid, or on which

he has reason to believe that an insect or pest mentioned in the

Second Schedule to this Order exists or has recently existed.

Precautions to be adopted in case of Disease.

5.—(1) An Inspector or other authorised person may at any time and

from time to time by a notice served on the occupier of premises

on which he has reason to believe that there is any plant attacked

with any insect or pest mentioned in the Second Schedule to this

Order, require him to adopt such measures for prevention of the

spread of the insect or pest as are specified in the notice.

(2) A notice under this Article may prescribe the time within which

the adoption of any measure thereby prescribed shall be completed.

Power to deal with living specimens of Insects or Pests.

6. No person shall land, sell, or offer for sale, a living

specimen of any insect or pest mentioned in the Second Schedule to

this Order, except with the written permission of the Department,

and an Inspector or other authorised person may, by a notice served

on any person having in his possession or under his charge any

such living specimen, require him to adopt such measures for the

prevention of the spread, of the insect or pest as are specified

in the notice.

Service of Notices, etc.


7. For the purpose of this Order a notice shall be deemed to be

served on any person if it is delivered to him personally or left

for him at his last known place of abode or business or sent

through the post in a letter addressed to him there; and a notice

purporting to be signed by an Inspector or other authorised person

shall be prima facie evidence that it was signed by him.

Information to be given as to Diseased Plants or parts thereof.

8. Every person who has or has had in his possession or under his

charge any plant which is attacked by any insect or pest mentioned

in the Second Schedule to this Order, and every person who as

auctioneer, salesman, or otherwise has sold or offered for sale any

such plant shall, if so required in writing by the Department or

an Inspector or other authorised person, give to the Department or

Inspector or other authorised person all such information as he

possesses as to the persons in whose possession or under whose

charge the plant is or has been ; provided that any information

given under this Article shall not be available as evidence against

the person giving the same in any prosecution under this Order,

except in respect of an alleged failure to comply with this

Article.
Offences.


9.—(1) Every person shall be liable on conviction to a penalty not

exceeding ten pounds, who does any act in contravention of this

Order or the Regulations in the Third Schedule to this Order or

any notice served on him under this Order, or fails to do any act

which he is required to do by this Order or the said Regulations

or any such notice.

(2) This Article does not apply to the landing or attempted landing

of anything in contravention of this Order the penalty for which is

provided by section one of the Destructive Insects Act, 1877, as

amended by the Destructive Insects and Pests Act, 1907.


Revocation of Order.
10. The Foreign Potatoes (Ireland) Order, 1910, is hereby revoked.
Application of the Order and savings.
11.—(1) This Order shall apply to the whole of the area of

jurisdiction of the Provisional Government of Ireland.

(2) This Order shall be read as being in addition to and not in

substitution for the American Gooseberry Mildew and Black Currant

Mite (Ireland) Order, 1912.

(3) This Order shall be read as being in addition to and not in

substitution for the Potatoes Importation (Ireland) Order, 1920 save

that as from the fourth day of December, 1922, the declarations

prescribed by Article 3 (3) of the last-mentioned Order shall not

be required in respect of potatoes landed in the area of

jurisdiction of the Provisional Government of Ireland from any

country (other than Great Britain and the Channel Islands) provided

the Regulations set out in paragraph 2 (a) of the Third Schedule

to this Order (relating to the Certificates therein mentioned) are

duly complied with.
Short Title.
12. This Order may be cited as the Destructive Insects and Pests

(Ireland) Order, 1922.

In Witness whereof the Department of Agriculture and Technical

Instruction for Ireland have hereunto set their Official Seal this

Fourth day of December, 1922.

Signed T. P. GILL,

Secretary.

I concur in the foregoing Order.

Signed PATRICK HOGAN,

Minister for Agriculture.


FIRST SCHEDULE.
(a) All living plants with a persistent woody stem above ground,

and parts of the same, except seeds, when for use in propagation—

such as fruit trees, stocks and stools, forest trees, and ornamental

shrubs and grafts, layers and cuttings thereof.

(b) All potatoes ; and all tubers, bulbs, rhizomes, corms, and hop

stocks for planting.

(c) Seeds of onions and of leeks for sowing.

(d) Gooseberries.


SECOND SCHEDULE.
Fungi.

Black Knot of Plum and Cherry (Plowrightia morbosa, Sacc.).

Fire or Pear Blight (Bacillus amylovorus, Trev.).

Chestnut Canker (Endothia parasitica, (Murr.), Ander & Ander.),

Wart Disease or Black Scab of Potatoes (Synchytrium endobioticum

Perc.).


Onion and Leek Smut (Urocystis cepulae, Frost).

Downy Mildew of Hops (Peronoplasmopara humuli, Miy, et Taka.).

Insects.

Vine Louse (Phylloxera vastatrix, Planch.).

American Apple Capsids (Heterocordylus malinus, Reut and Lygidea

mendax, Reut).

Pear Tingid (Stephanitis pyri, Fab.).

Colorado Beetle (Leptinotarsa decemlineata, Say.).

Plum Curculio (Conotrachelus nenuphar, Herbst.).

Potato Moth (Phthoyimaea operculella, Zell.).

American Lackey Moths (Malacosoma americana, Fab. and M. disstria,

Hubn.).


Oriental Fruit Moth (Cydia molesta, Busck.).

San José Scale, (Aspidiotus perniciosus, Comst.).

Japanese Fruit Scale (Diaspis pentagona, Newst.).

Apple Fruit Fly (Rhagoletis pomonella, Welsh).

Cherry Fruit Flies (Rhagoletis cerasi, Linn., R. cingulata, Loew.,

and R. fausta, Osten Saken).

Gooseberry Fruit Fly (Epochra canadensis, Loew.).

THIRD SCHEDULE.
Regulations Governing the Importation of Plants into that part of Ireland within the jurisdiction of the Provisional Government of Ireland.

1. The restrictions on landing imposed by the Order and these

Regulations do not apply to plants, the landing of which is

authorised by a general licence issued by the Department or by a

special licence issued by an Inspector or other authorised person or

to consignments of plants to the Department for experimental or

scientific purposes.

2. Inspection and Certification as a Condition of Entry.

(a) In the case of an importation of plants otherwise than through

the post from a country whose service of plant inspection is

recognised for the time being, each consignment must be accompanied

by two copies of a certificate issued after inspection, and not

more than 14 days prior to the date of shipment, by a duly

authorised official of the country whence the plants are exported,

in the form prescribed below. One copy of the certificate must be

produced to the Customs Officer at the port of entry, and the

other copy must be forwarded by the importer to the consignee. In

the case of consignments imported through the post, a copy of the

prescribed certificate need not be produced to the Customs Officer,

but a copy must be affixed to each package.

The original of the certificate must be forwarded by post, before

the plants are despatched, by the exporter to the Secretary,

Department of Agriculture and Technical Instruction for Ireland, Upper

Merrion-street, Dublin.

Certificate of Examination of Plants, No.

This is to certify that the plants included in the package or

consignment described below were thoroughly inspected by

a duly authorised official of

, on

and were found or believed by him to be healthy and free from any



of the plant diseases or pests named in the Second Schedule to the

Destructive Insects and Pests (Ireland) Order, 1922.

This additional certificate must be given for all potatoes:—

Further, it is hereby certified that no case of the disease known

as Wart Disease or Black Scab of Potatoes (Synchytrium endobioticum)

has occurred on the farm or holding where the potatoes included in

this consignment were grown nor within 500 yards (approximately 2

kilometre) thereof.

(Signed)....................................................................

(Official

Status)....................................................................

The following details must be filled in by the Shipper:—

Number and Description of

packages in

consignment.................................................................................................

Distinguishing

Marks..............................................................................................................

Description of

Plants..............................................................................................................

Grown


at...............................................................................................................................

Name and Address of

Exporter...............................................................................................

Name and Address of

Consignee.............................................................................................

Name of


Vessel.....................................................................................................................

Date of


Shipment...................................................................................................................

Port of


Shipment........:............................................................................................................

Port of Landing in

Ireland........................................................................................................

Approx. Date of

Landing.........................................................................................................

(Signed)..............................................................................

An Inspector of the Department may open and examine the contents of

any consignment or package imported or believed to have been

imported into any place within the jurisdiction of the Provisional

Government of Ireland, notwithstanding the fact that the consignment

may be accompanied by, or the package may have attached thereto,

the duly authorised copy certificate.

(b) In the case of an importation of plants from a country where

no recognised service of plant inspection is maintained, and in the

case of a consignment of plants which is not accompanied by copy

certificates as abovementioned, or of a package of plants imported

through the post to which a copy certificate is not attached, the

plants shall be retained by the Customs Officer or the importer or

consignee until they have been examined by an Inspector of the

Department or other authorised person at a suitable place designated

by the Department or by an Inspector or other authorised person and

certified in writing to be healthy and free from the insects and

pests mentioned in the Second Schedule to this Order or until their

removal has been authorised in writing by the Department or by an

Inspector of the Department or other authorised person.

(c) Any imported plants which on inspection are found to be

unhealthy or attacked by any insect or pest mentioned in the Second

Schedule to this Order, and which, in the judgment of the Inspector

or other authorised person, cannot be cleaned by disinfection or

other treatment shall, with the packing and package, either be

destroyed or returned to the country of exportation by the importer

thereof.


(d) When disinfection or other treatment of the plants is allowed,

it shall be carried out by the importer, and under the supervision

of an Inspector of the Department or other authorised person at a

suitable place designated by the Inspector or other authorised person

or the Department, and no part of the consignment shall be moved

from the place designated without the written consent of the

Inspector of the Department or other authorised person.

(e) The Department's charge for the services of the Inspector or

other authorised person and all charges for storage, cartage and

labour incident to inspection and disinfection, shall be paid by the

importer

3. Plants will not be deemed to be healthy which, are attacked by



any insect or pest mentioned in the Schedule and the Note to the

Sale of Diseased Plants (Ireland) Order of 1922.


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