S.I. No. 329/1991:

EUROPEAN COMMUNITIES (INDICATION OF PRICES OF FOODSTUFFS AND NON-FOOD PRODUCTS) REGULATIONS, 1991.

EUROPEAN COMMUNITIES (INDICATION OF PRICES OF FOODSTUFFS AND NON-FOOD PRODUCTS) REGULATIONS, 1991.

I, DESMOND O'MALLEY, Minister for Industry and Commerce, in exercise of the powers conferred on me by section 3 of the European Communities Act, 1972 (No. 27 of 1972), and for the purpose of giving effect to Council Directive No. 79/581/EEC of 19 June 1979 ⁽¹⁾, as amended by Council Directive No. 88/315/EEC of 7 June 1988 ⁽²⁾, and to Council Directive No. 88/314/EEC of 7 June 1988 ⁽³⁾, hereby make the following Regulations:

⁽¹⁾O.J No. L158, 26.6.1979, p. 19.

⁽²⁾O.J. No. L142, 9.6.1988, p. 23.

⁽³⁾O.J. No. L142, 9.6.1988, p. 19.

1. These Regulations may be cited as the European Communities (Indication of Prices of Foodstuffs and Non-Food Products) Regulations, 1991.

2. (1) In these Regulations:

"The Foodstuffs Directive" means Council Directive No. 79/581/EEC of 19 June 1979, as amended by Council Directive No. 88/315/EEC of 7 June 1988;

"the Minister" means the Minister for Industry and Commerce;

"the Non-Food Products Directive" means Council Directive No. 88/314/EEC of 7 June 1988.

(2) A word or expression that is used in these Regulations and is also used in the Foodstuffs Directive or the Non-Food Products Directive has, unless the contrary intention appears, the same meaning in these Regulations as it has in those Directives.

3. (1) The Foodstuffs Directive and these Regulations shall not apply to--

( a ) agricultural or horticultural foodstuffs sold by the producer on the farm where it was produced, or

( b ) private sales.

(2) Until the 6th day of June, 1995, the provisions of these Regulations and the Foodstuffs Directive shall not apply to the foodstuffs, prepackaged in pre-established quantities, referred to in the Annex to that Directive.

(3) Until the 6th day of June, 1995, the provisions of these Regulations and the Non-Food Products Directive shall not apply to the non-food products, prepackaged in pre-established quantities, referred to in the Annex to that Directive.

4. Any indication required by the Foodstuffs Directive, the Non-Food Products Directive or these Regulations of a price for any foodstuffs or any non-food products shall be inclusive of all taxes, repayable deposits or other charges in respect of such foodstuffs or non-food products.

5. (1) A person shall not sell any foodstuffs unless the provisions of the Foodstuffs Directive and these Regulations are complied with in relation to such foodstuffs.

(2) A person shall not sell any non-food products unless the provisions of the Non-Food Products Directive and these Regulations are complied with in relation to such non-food products.

(3) A person who contravenes paragraph (1) or (2) of this Regulation shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding £1,000 or, at the discretion of the court, imprisonment for a term not exceeding 6 months or to both such fine and such imprisonment.

6. Where any foodstuffs or non-food products marketed in bulk are sold by the piece or by number, the selling price need only be indicated where such foodstuffs or such non-food products are normally so sold.

7. (1) The requirements in Article 3 of the Foodstuffs Directive concerning the unit price of foodstuffs shall not apply to foodstuffs which are sold in any of the following ways:

( a ) by the piece or by number;

( b ) as different foodstuffs sold in a single package;

( c ) from automatic dispensers;

( d ) as prepared dishes or dishes for preparation contained in a single package;

( e ) in the form of a figure, animal, cigarette or egg or any other fancy form;

( f ) in quantities of less than 50 millilitres or more than 10 litres;

( g ) in quantities of less than 50 grams or more than 10 kilograms;

( h ) as multipacks referred to in the first subparagraph of Article 4 of Council Directive No. 80/232/EEC of 15 January 1980⁽⁴⁾, where they are made up of individual items, each of which corresponds to one of the measurement values for that item as provided for by that Directive by reference to the said subparagraph.

⁽⁴⁾O.J. No. L51, 25.2.1980, p.1.

(2) The requirements in Article 3 of the Non-Food Products Directive concerning the unit price of non-food products shall not apply to non-food products which are sold in any of the following ways:

( a ) by the individual item or by number;

( b ) as different products sold in a single package;

( c ) from automatic dispensers;

( d ) as products contained in a single package from which a mixture is to be prepared;

( e ) as multipacks referred to in the first subparagraph of Article 4 of Council Directive No. 80/232/EEC of 15 January 1980, where they are made up of individual items, each of which corresponds to one of the measurement values for that item as provided for by that Directive by reference to the said subparagraph.

8. (1) The requirement in paragraph 2 of Article 3 of the Foodstuffs Directive concerning the unit price of foodstuffs prepackaged in pre-established quantities, shall not apply to foodstuffs, so prepackaged, referred to--

( a ) in paragraph 1 or 2 of Article 6 of Council Directive No. 73/241/EEC of 24 July 1973⁽⁵⁾, Article 1 (points 1, 2 and 3) of Council Directive No. 7¾37/EEC of 11 December 1973⁽⁶⁾, and Article 4 of Council Directive No. 77/436/EEC of 27 June 1977⁽⁷⁾, where they are sold in pre-established quantities so referred to in respect of each foodstuff concerned,

⁽⁵⁾O.J. No. L228, 16.8.1973, p. 23.

⁽⁶⁾O.J. No. L356, 27.12.1973, p. 71.

⁽⁷⁾O.J. No. L172, 12.7.1977, p. 20.

( b ) in Annex III to Council Directive No. 75/106/EEC of 19 December 1974⁽⁸⁾, where they are sold in any of the nominal volumes given in columns numbered I or II of the said Annex in respect of each foodstuff concerned,

⁽⁸⁾O.J. No. L42, 15.2.1975, p. 1.

( c ) in Annex III to Council Directive No. 75/106/EEC of 19 December 1974, where they are sold in reusable bottles in nominal volumes of 0.70 litre,

( d ) in points 1 (c), 2 (b), 3 and 7 in Annex III to Council Directive No. 75/106/EEC of 19 December 1974, where they are sold in reusable bottles in nominal volumes of 284 millilitres, 568 millilitres, 757 millilitres and 1,136 millilitres,

( e ) in Annex I to Council Directive No. 80/232/EEC of 15 January 1980, where they are sold in any of the nominal quantities of contents given in the said Annex I in respect of each foodstuff concerned,

( f ) in Annex I to Council Directive No. 80/232/EEC of 15 January 1980, where they are sold in any of the nominal capacities given in Annex III to the said Directive in respect of each foodstuff concerned,

( g ) in Annex II (points 1 and 2) to Council Directive No. 80/232/EEC of 15 January 1980, where they are sold in any of the permissible container capacities given in the said Annex II (points 1 and 2) in respect of each foodstuff concerned,

and shall not apply to any foodstuff referred to by reference to the preceding subparagraphs of this paragraph where sold in quantities which are smaller than the lowest or larger than the highest pre-established quantities so referred to in respect of that foodstuff.

(2) The requirement in paragraph 2 of Article 3 of the Non-Food Products Directive concerning the unit price of non-food products prepackaged in pre-established quantities shall not apply to non-food products, so prepackaged, referred to--

( a ) in Annex I (points 4, 5, 6, 7, 8.1, 8.2, 8.3, 8.4, 8.5, 8.6, 9, 10 and 11) to Council Directive No. 80/232/EEC of 15 January 1980, where they are sold in any of the nominal quantities of contents given in the said Annex in respect of each product concerned,

( b ) washing or cleaning products in powder form referred to in Annex II (point 3) to Council Directive No. 80/232/EEC of 15 January 1980, other than products to which point 6 or 8 of Annex I of that Directive relates, where they are sold in rigid containers in any of the capacity ranges given in the said point 3,

( c ) in Annex I to Council Directive No. 80/232/EEC of 15 January 1980, where they are sold in rigid containers in any of the capacity ranges given in Annex III to the said Directive and being a non-food product to which the said Annex III relates,

and shall not apply to any non-food product referred to by reference to subparagraph (a), (b) or (c) of this paragraph and where sold in quantities which are smaller than the lowest or larger than the highest pre-established quantities so referred to in respect of that product.

9. A price indication required for any foodstuffs by the Foodstuffs Directive or for any non-food products by the Non-Food Products Directive to be at the place of sale shall be on or adjacent to such foodstuffs or non-food products, as the case may be, or be in such a position as to be capable of being easily read by an intending purchaser of the foodstuffs or non-food products while he is at that place.

10. The requirement in paragraph 2 of Article 3 of the Foodstuffs Directive concerning the unit price of prepackaged foodstuffs and the requirement in paragraph 2 of Article 3 of the Non-Food Products Directive concerning the unit price of prepackaged non-food products shall not apply to prepackaged foodstuffs or prepackaged non-food products, respectively, carried in a vehicle as part of a regular delivery service and sold in the course of such delivery to domestic premises.

11. (1) The unit price of foodstuffs shall, subject to Regulations 7 (1) and 8 (1) of these Regulations, be indicated in accordance with the provisions of paragraph 1 of Article 6 of the Foodstuffs Directive or Regulation 13 (1) of these Regulations, as may be appropriate, and may, in addition to being so indicated, be indicated by reference to the units of mass or volume (as the case may be) of the imperial system of measurement.

(2) The unit price of non-food products shall, subject to Regulations 7 (2) and 8 (2) of these Regulations, be indicated in accordance with the provisions of paragraph 1 of Article 6 of the Non-Food Products Directive or Regulation 13 (2) of these Regulations, as may be appropriate, and may, in addition to being so indicated, be indicated by reference to the units of mass, volume, length or area (as the case may be) of the imperial system of measurement.

12. (1) Where the unit price of foodstuffs is indicated by reference to the units of mass or volume of the imperial system of measurement it shall be placed between brackets and--

( a ) the dimensions of the letters and figures in the indication shall be smaller than those in the indication of the unit price provided for by paragraph 1 of Article 6 of the Foodstuffs Directive or Regulation 13 (1) of these Regulations, and

( b ) the position and colour of the letters and figures shall not be such as to confer a prominence on them that is greater than that of the indication of the unit price so provided for.

(2) Where the unit price of non-food products is indicated by reference to the units of mass, volume, length or area of the imperial system of measurement, it shall be placed between brackets and--

( a ) the dimensions of the letters and figures in the indication shall be smaller than those in the indication of the unit price provided for by paragraph 1 of Article 6 of the Non-Food Products Directive or Regulation 13 (2) of these Regulations, and

( b ) the position and colour of the letters and figures shall not be such as to confer a prominence on them that is greater than that of the indication of the unit price so provided for.

13. (1) Where foodstuffs are not normally marketed in quantities of more than 100 grams or 100 millilitres, the unit price shall be indicated by reference to 100 grams or 100 millilitres as the case may be.

(2) A non-food product shall only be marketed where the unit price is indicated by reference to any of the following units or to any decimal multiple or fraction thereof:

( a ) for products sold by volume, the unit price per litre or per cubic metre;

( b ) for products sold by weight, the unit price per kilogram or per tonne;

( c ) for products sold by length, the unit price per metre;

( d ) for products sold by area, the unit price per square metre.

14. The First Schedule to the Restrictive Practices (Amendment) Act, 1987 (No. 31 of 1987), is hereby amended by the substitution of "European Communities (Indication of Prices of Foodstuffs and Non-Food Products) Regulations, 1991." for "European Communities (Indication of Prices of Foodstuffs) Regulations, 1983 ( S.I. No. 359 of 1983 ).".

15. (1) A person who, in relation to these Regulations, obstructs or impedes an authorised officer in the exercise of a power, or does not comply with a requirement under section 16 (inserted by the Restrictive Practices (Amendment) Act, 1987 (No. 31 of 1987)) of the Consumer Information Act, 1978 (No. 1 of 1978 ), and is guilty of an offence under the last-mentioned Act shall, in lieu of the penalties provided for by section 17 of that Act, be liable on summary conviction to a fine not exceeding £1,000.

(2) In this Regulation "authorised officer" has the same meaning as it has in section 16 of the Consumer Information Act, 1978 .

16. Nothing in these Regulations shall be construed as affecting the operation of the Retail Prices (Potatoes) Display Order, 1977 ( S.I. No. 11 of 1977 ), the Retail Prices (Food) Display Order, 1977 ( S.I. No. 127 of 1977 ), or the Retail Prices (Petrol) Display Order, 1986 ( S.I. No. 423 of 1986 ).

17. (1) The European Communities (Indication of Prices of Foodstuffs) Regulations, 1983 ( S.I. No. 359 of 1983 ), are hereby revoked.

GIVEN under my Official Seal this 13th day of December, 1991.

DESMOND O'MALLEY,

Minister for Industry and Commerce.

EXPLANATORY NOTE.

These Regulations have been made to give effect to Council Directive No. 79/581/EEC as amended by Council Directive No. 88/315/EEC on consumer protection in the indication of the prices of foodstuffs, and Council Directive No. 88/314/EEC on consumer protection in the indication of the prices of non-food products.

The Regulations, which apply to both foodstuffs and non-food products, replace the European Communities (Indication of Prices of Foodstuffs) Regulations, 1983, and require, with certain general and specific exemptions,

(i) That the selling price of all foodstuffs and non-food products must be displayed and,

(ii) That the unit price of foodstuffs and non-food products,

( a ) prepackaged in variable and, in certain cases, pre-established quantities, or

( b ) not prepackaged and/or not measured or weighed for sale except in the presence of the final consumer must be shown also.

These Regulations will come into effect in relation to products sold in bulk or prepackaged in variable quantities on 13 December, 1991.

However, in the case of certain products prepackaged in pre-established quantities the provisions will not come into effect until 6 June, 1995.