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Marketing of Eggs Act (Northern Ireland) 1957

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18Powers of officers in connection with eggs in transit.N.I.

(1)An officer of the Ministry, duly authorised by the Ministry in that behalf either generally or in respect of a particular occasion, shall have power to examine eggs in transit including power—

(a)to enter at all reasonable times—

(i)the premises of any person engaged in the business of carrying goods for reward;

(ii)any pier, quay, wharf, jetty, dock, dock premises or aerodrome; and

(iii)any ship, boat, aircraft, railway wagon, motor lorry, cart or other vessel or vehicle used for the conveyance of goods;

(b)to open, for the purpose of examination, cases of eggs marked in accordance with the provisions of this Act or with the rules for the time being prescribed, and cases which he has reason to believe ought to be so marked, which may be found by him in the course of the exercise of his powers under paragraph ( a);

(c)to remove, for the purpose of examination, cases of eggs found by him in the course of the exercise of his powers under paragraph ( a);

(d)to detain in his custody, for so long as may be reasonably necessary for the purpose of examination, cases of eggs removed as aforesaid;

(e)to remove, from a case of eggs forming part of any consignment, any eggs being in that case in contravention of the requirements of this Act or the rules made thereunder, or any eggs reasonably required as samples for examination.

(2)Where any case of eggs is examined by an officer under this section, the case shall be marked by the officer to that effect; and such mark shall be deemed to be a sufficient notification to the consignee that the case has been so examined, and the Ministry shall notify the consignor of the examination.

(3)Where an examination of a consignment of eggs is made under sub-section (1) and the Ministry is satisfied that the consignment or any part thereof does not conform to the requirements of this Act or the rules made thereunder, the Ministry may direct that such consignment or part shall be returned to the consignor, at his expense, at the place from which it was consigned, or, if the Ministry approves, at such place as the consignor may elect.

(4)Where any eggs are removed from a consignment under paragraph ( e) of sub-section (1), the eggs shall, except such eggs as are reasonably required as samples, be delivered to the consignor at the place of examination or at such other place as the Ministry may elect, or, if the consignor fails to take delivery at such place, shall be sold and the proceeds, less any expenses incurred by the Ministry in connection with the removal or sale, shall be paid to the consignor at such times and in such manner as the Ministry may fix.

(5)Any officer of the Ministry acting in the exercise of the powers conferred by this section on the premises of, or used by, any carrier shall conform to such reasonable requirements of such carrier as are necessary to prevent the working of the traffic thereat being obstructed or interfered with; and a carrier shall not be liable for or on account of any loss or damage arising from the exercise by any officer of the Ministry of the powers conferred as aforesaid.

(6)Nothing in this section shall be construed as authorising anything to be done to the prejudice of any powers of a carrier to secure payment of freight charges in respect of any consignment carried by him.

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