S.I. No. 258/1970:

MERCHANDISE MARKS (RESTRICTION ON SALE OF IMPORTED BISCUITS) ORDER, 1970.

MERCHANDISE MARKS (RESTRICTION ON SALE OF IMPORTED BISCUITS) ORDER, 1970.

I, PATRICK J. LALOR, Minister for Industry and Commerce, having considered a report of the Merchandise Marks Commission under section 7 of the Merchandise Marks Act, 1931 (No. 48 of 1931) on an application for a restriction on sale order in relation to goods specified in paragraph 4 of this Order, and having complied with section 14 of that Act, hereby, in exercise of the powers conferred on me by section 8 of that Act (as amended by section 7 of the Merchandise Marks Act, 1970 (No. 10 of 1970)), order as follows:--

1. This Order may be cited as the Merchandise Marks (Restriction on Sale of Biscuits) Order, 1970.

2. This Order shall come into operation on the 1st day of March, 1971.

3. The Interpretation Act, 1937 (No. 38 of 1937), applies to this Order.

4. Subject to paragraph 6 of this Order, the sale or exposure for sale by wholesale or retail in the State of imported biscuits (including rusks and rye bread in biscuit form) is hereby prohibited unless--

( a ) in the case of biscuits imported into the State in containers suitable for sale by wholesale or retail, the container or containers in which the biscuits are sold or are offered for sale bears or bear at the time of sale or exposure for sale an indication of origin consisting of the words "Made in" (or other words in English denoting manufacture) followed by the name in English of the country in which the biscuits were manufactured),

( b ) in the case of biscuits imported into the State and packed in the State for sale, whether wholesale or retail, the container or containers in which the biscuits are sold or are offered for sale bears or bear an indication of origin consisting of the words "Biscuits made in" or "Biscuits manufactured in" followed by the name in English of the country in which the biscuits were manufactured.

5. An indication of origin marked on biscuits pursuant to this Order shall be printed legibly and in a conspicuous manner on the container or containers or on an adhesive label securely attached to the container or containers in which the biscuits are sold or are offered for sale.

6. This Order shall not apply to--

( a ) ice cream wafers,

( b ) biscuits which are not offered for sale in a container,

( c ) biscuits specially prepared for use as animal feeding stuffs, or

( d ) biscuits manufactured in Northern Ireland, if the container or containers in which the biscuits are sold or are offered for sale indicates or indicate, in the manner prescribed in paragraph 5 of this Order, the name of the manufacturer and the city or county of manufacture of the biscuits.

GIVEN under my Official Seal, this 9th day of November, 1970.

PATRICK J. LALOR,

Minister for Industry and Commerce.

EXPLANATORY NOTE.

The Order prohibits the sale or exposure for sale of imported biscuits (including rusks and rye bread in biscuit form) unless the wrapper or container bears an indication of the country of origin. The Order does not apply to ice cream wafers, loose biscuits or animal feeding stuffs. The name and address of the manufacturer is acceptable as an indication of the origin of biscuits made in Northern Ireland.