STATUTORY INSTRUMENTS.

S.I. No. 284 of 1981.

MAXIMUM PRICES (BREAD) (NO. 3) ORDER, 1981.

S.I. No. 284 of 1981.

MAXIMUM PRICES (BREAD) (NO. 3) ORDER, 1981.

The Minister for Industry, Commerce and Tourism, in exercise of the powers conferred on him by sections 17, 18 and 20 of the Prices Act, 1958 (No. 4 of 1958) and the Industry, Commerce and Energy (Alteration of Name of Department and Title of Minister) Order, 1980 ( S.I. No. 10 of 1980 ), hereby orders as follows:

1. This Order may be cited as the Maximum Prices (Bread) (No. 3) Order, 1981.

2. This Order shall come into operation on the 16th day of August, 1981.

3. In this Order--

“batch bread” means bread which is not baked in containers and which is sold or offered for sale in loaves of which the outside is not all crust;

“pan bread” means bread baked in containers.

4. (1) The maximum price at which batch bread and pan bread may be sold by retail shall be--

(a) in the case of batch bread which is not packed in the manner specified in paragraph (b) of this Article--

(i) 21 ½p per loaf when sold in loaves of 14 ozs., 1 dram, 20 grains (to which weight the equivalent in the metric system is 400 grammes),

(ii) 38 ½p per loaf when sold in loaves of 1 lb., 12 ozs., 3 drams, 14 grains (to which weight the equivalent in the metric system is 800 grammes),

(iii) 56 ½p per loaf when sold in loaves of 2 lbs., 12 ozs., 1 dram, 13 grains (to which weight the equivalent in the metric system is 1250 grammes),

(iv) 74p per loaf when sold in loaves of 3 lbs., 8 ozs., 7 drams (to which weight the equivalent in the metric system is 1600 grammes);

(b) in the case of batch bread which is packed (whether sliced or not sliced) by the baker thereof, in a covering or wrapping made of waxed paper or plastics--

(i) 23p per loaf when sold in loaves of 14 ozs., 1 dram, 20 grains,

(ii) 40p per loaf when sold in loaves of 1 lb., 12 ozs., 3 drams, 14 grains,

(iii) 58 ½p per loaf when sold in loaves of 2lbs., 12 ozs., 1 dram, 13 grains,

(iv) 76 ½p per loaf when sold in loaves of 3 lbs., 8 ozs., 7 drams;

(c) in the case of pan bread which is not packed in the manner specified in paragraph (b) of this Article--

(i) 21p per loaf when sold in loaves of 14 ozs., 1 dram, 20 grains (to which weight the equivalent in the metric system is 400 grammes,

(ii) 37 ½p per loaf when sold in loaves of 1 lb., 12 ozs., 3 drams, 14 grains (to which weight the equivalent in the metric system is 800 grammes) or loaves of pan bread joined together the total weight of which is 1 lb., 12 ozs., 3 drams, 14 grains,

(iii) 55p per loaf when sold in loaves of 2 lbs., 12 ozs., 1 dram, 13 grains (to which weight the equivalent in the metric system is 1250 grammes),

(iv) 72p per loaf when sold in loaves of 3 lbs., 8 ozs., 7 drams, (to which weight the equivalent in the metric system is 1600 grammes) or loaves of pan bread joined together the total weight of which is 3 lbs., 8 ozs., 7 drams;

(d) in the case of pan bread which is packed (whether sliced or not sliced) by the baker thereof in the manner specified in paragraph (b) of this Article--

(i) 22 ½p per loaf when sold in loaves of 14 ozs., 1 dram, 20 grains,

(ii) 32 ½p per loaf when sold in loaves of 1 lb., 5 ozs., 2 drams, 17 grains (to which weight the equivalent in the metric system is 600 grammes).

(iii) 39p per loaf when sold in loaves of 1 lb., 12 ozs., 3 drams, 14 grains or loaves of pan bread joined together the total weight of which is 1 lb., 12 ozs., 3 drams, 14 grains,

(iv) 57p per loaf when sold in loaves of 2 lbs., 12 ozs., 1 dram, 13 grains,

(v) 74 ½p per loaf when sold in loaves of 3 lbs., 8 ozs., 7 drams or loaves of pan bread joined together, the total weight of which is 3 lbs., 8 ozs., 7 drams.

(2) For the purposes of this Article, a loaf shall be deemed to be of a particular weight specified in this Article if its appearance is such that it is reasonable to infer from it that the loaf was of approximately that weight at the time it was baked.

5. (1) Batch bread and pan bread shall, when sold by retail, be sold only in loaves of 14 ozs., 1 dram, 20 grains or 1 lb., 12 ozs., 3 drams, 14 grains or 2 lbs., 12 ozs., 1 dram, 13 grains or 3 lbs., 8 ozs., 7 drams, and in addition to the above wrapped pan bread may also be sold in loaves of 1 lb., 5 ozs., 2 drams, 17 grains.

(2) A person shall not sell by wholesale batch bread or pan bread of such a weight that when it is sold by retail it is not of a weight specified in paragraph (1) of this Article.

(3) In any proceedings in respect of a contravention of this Article it shall, subject to paragraph (4) of this Article, be a defence for the person charged to prove--

(a) that the offence was due to the act or default of another person, and

(b) that he took all reasonable precautions and exercised all due diligence to avoid the commission of such an offence by himself or any other person under his control.

(4) If in any case the defence provided by paragraph (3) of this Article involves the allegation that the commission of the offence was due to the act or default of another person, the person charged shall not, without leave of the court, be entitled to rely on that defence unless, not less than 7 days before the hearing, he has served on the prosecutor a notice in writing giving such information identifying or assisting in the identification of that other person as was then in his possession.

6. This Order does not apply in relation to--

(a) any loaf of bread (other than batch bread or pan bread) of 10 ounces, 9 drams, 9 grains (to which the equivalent in the metric system is 300 grammes) or less, or

(b) pan bread of any of the following brands:

(i) Hovis,

(ii) Procea,

(iii) Bermaline,

(iv) Hi-Vi,

(v) Maltana,

(vi) Dr. Vogel's Swiss Health Bread,

(vii) Thoma,

(viii) Abermalt,

(ix) Slimcea,

(x) Veda,

(xi) Tritamyl,

(xii) Nimble.

7. The Maximum Prices (Bread) (No. 2) Order, 1981 ( S.I. No. 162 of 1981 ) is hereby revoked.

EXPLANATORY NOTE.

(This note is not part of the Instrument and does not purport to be a legal interpretation.)

This Order fixes the maximum prices and the weights at which batch bread and pan bread, as defined in the Order, may be sold by retail. The Order also provides that it shall be an offence to sell by wholesale batch bread or pan bread which when sold by retail is not of the weights prescribed in the Order.