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80.
Agricultural Produce (Grading and Marking) Act,
1928.
(3rd August, 1928.)
This Act contains 10 Sections.
Power to make Regulations re Grading.
Section 1. This Section gives the Minister of Agriculture
and Fisheres power to make regulations as to the grading of
articles of agricultural produce, that is to say, to classify them
according to quality into various categories called in the Act
"grade designations." The regulations must contain definitions
of each grade, referred to in the Act, as "Statutory Definitions".
(Sub-Section 1.)
When any article to which a grade designation has been
applied is sold it is deemed to be a term of the Contract of sale,
that its quality must be as described in the statutory definition,
notwithstanding any contract or notice to the contrary. (SubSection
2.)
If any article is sold or delivered or exposed or offered
for sale by or on behalf of a vendor in such a manner as to
lead to the belief that its quality is that of any of the grades
defined in the Regulations, even if the article is not actually
marked as such (for example, if placed next to articles properly
marked) it is to be deemed that the grade designation has
been applied to it. (Sub-Section 3.)
Power to make Regulations re marking of graded articles
of Agricultural Produce.
Section 2. Empowers the Minister to make regulations
prescribing the manner of marking articles of graded agricultural
produce. The marks are referred to in the Act as
"grade designation marks" and may be on the article itself,
or the covering containing the article or on a label attached
to the article.
The grade designation marks are popularly known as
"National Marks." The National Mark labels are obtainable
only from the Ministry of Agriculture and Fisheries.
I he Borough Council is the authority for prosecuting
persons in the Borough who forge the National Marks or
apply them without being authorised to do so under the Regulations.
The Ministry of Agriculture and Fisheries will institute
prosecutions or may instruct the Council to prosecute. The
chief duties of the Council are, however, to inspect eggs under