S.I. No. 267/1973:

MERCHANDISE MARKS (PREPACKED GOODS) (MARKING AND QUANTITIES) (AMENDMENT) ORDER, 1973.

MERCHANDISE MARKS (PREPACKED GOODS) (MARKING AND QUANTITIES) (AMENDMENT) ORDER, 1973.

I, JUSTIN KEATING, Minister for Industry and Commerce, after consultation with such persons as appear to me to be substantially interested in the general subject-matter of the Order following and after compliance with subsection (10) of section 2 of the Merchandise Marks Act, 1970 (No. 10 of 1970), hereby, in exercise of the powers conferred on me by the said section 2, order as follows:

1. This Order may be cited as the Merchandise Marks (Prepacked Goods) (Marking and Quantities) (Amendment) Order, 1973.

2. Paragraph (2) of Article 1 of the Principal Order is hereby amended by the substitution of "1st day of February, 1974" for "1st day of October, 1973" and, accordingly, that paragraph shall have effect as set out in the Table to this Article.

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(2) This Order shall come into operation on the 1st day of February, 1974.

3. Paragraph (c) of Article 4 of the Principal Order is hereby amended by the insertion before "the colour" of, "except in the case of containers of milk," and, accordingly, that paragraph shall have effect as set out in the Table to this Article:

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( c ) the notice shall be clearly visible and placed in a prominent position on the container and, except in the case of containers of milk, the colour of the writing shall be in clear contrast with its background.

4. Paragraph (1) of Article 7 of the Principal Order is hereby amended by the substitution for "of biscuits" of--

"of--

( a ) biscuits,

( b ) meat which is poultry meat,

( c ) dried vegetables,

( d ) non-alcoholic drinks in glass bottles bearing notices indicating that the quantity by liquid measure of the contents of each bottle is not more than 8 fluid ounces or 227 millilitres,

( e ) soap, soap powder and flakes, and

( f ) detergent powders, granules or pastes,"

and, accordingly, that paragraph shall have effect as set out in the Table to this Article.

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7. (1) Where the quantity of goods of any kind specified in the First, Second or Third Schedule to this Order packed in a container is greater by not more than 10 per cent. or, in the case of--

( a ) biscuits,

( b ) meat which is poultry meat,

( c ) dried vegetables,

( d ) non-alcoholic drinks in glass bottles bearing notices indicating that the quantity by liquid measure of the contents of each bottle is not more than 8 fluid ounces or 227 millilitres,

( e ) soap, soap powder and flakes, and

( f ) detergent powders, granules or pastes,

25 per cent, than the quantity of goods of that kind indicated in the notice borne by the container pursuant to Article 2 of this Order, the quantity so packed shall be deemed, for the purposes of paragraphs (a) and (c) of section 2 (1) of the Merchandise Marks Act, 1970 , to be the same as the quantity so indicated.

5. The First Schedule to the Principal Order is hereby amended--

( a ) by the deletion of "Soap (other than toilet soap)" in column (1) of Part I,

( b ) the deletion of "cream, yoghurt" in Part II, and

( c ) the insertion of "not for toiletry use" after "Detergent liquids" in the said Part II,

and, accordingly, that Schedule shall have effect as set out in the Table to this Article.

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FIRST SCHEDULE.

PART I.

Articles 2 and 3

PART II.

6. Part I of the Second Schedule to the Principal Order is hereby amended by--

( a ) the substitution of "Soap" for "Toilet soap",

( b ) the insertion of "not for toiletry use" after "Detergent powders, granules or pastes", and

( c ) the insertion before "Breakfast cereals, in form other than flakes, " of

"Cream,

Yoghourt,

Condensed milk in cans,"

and, accordingly, that Part shall have effect as set out in the Table to this Article.

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PART I.

Cream,

Yoghourt,

Condensed milk in cans,

Breakfast cereals, in form other than flakes,

Cheese,

Meat,

Sausages, pressed meats, and other meat preparations,

Frozen foods (other than peas),

Canned vegetables,

Fresh vegetables (other than potatoes) not sold by count,

Dried vegetables (other than peas),

Fish or preparations of fish,

Sauce, salad cream, sandwich spread,

Spices, condiments etc.,

Baby food,

Biscuits,

Barley, rice, sago, tapioca, semolina, cornflour, (in cans),

Macaroni, spaghetti, vermicelli, noodles, (in cans),

Canned fruit,

Non-alcoholic drinks, whether or not fruit flavoured or aerated,

Baking powder,

Pet foods,

Inks and dyes,

Polishes in paste, powder or liquid form,

Household disinfectants,

Soap,

Soap powder and flakes,

Detergent powders, granules or pastes not for toiletry use,

Paint, paint solvents and paint strippers,

Lubricating oil,

Potatoes.

GIVEN under my Official Seal, this 19th day of September, 1973.

JUSTIN KEATING,

Minister for Industry and Commerce.

EXPLANATORY NOTE

This Order amends the Merchandise Marks (Prepacked Goods) (Marketing and Quantities) Order, 1973 so as to defer its operative date from 1st October, 1973 to 1st February, 1974. It also provides for an increase in the upward tolerance to 25% in the case of certain goods, removes the requirement on certain products that they be packed in prescribed sizes, alters the form of marking required for milk bottles and excludes detergent liquids for toiletry use from the scope of the Order.