PART II PACKAGED GOODS

8. —(1) Subject to subsection (2) of this section, this section applies to any package which has in the course of carrying on a business either been made up in the Sate or imported and which—

( a ) has been made up otherwise than in the presence of the person purchasing the package, and

( b ) has expressed thereon, or, in case regulations under section 3 (b) of this Act and relating to the package are for the time being in force, on the relevant container, a quantity purporting to be the quantity of goods included in the package and expressed in units of weight or volume being, in case the quantity is expressed in units of weight, a quantity not less than 5 grams, or, in case the quantity is expressed in units of volume, a quantity not less than 5 millilitres, and

( c ) is a package the contents of which, or any part of such contents, cannot be removed without opening it.

(2) The Minister may by regulations declare that this section shall not apply, or shall only apply with prescribed modifications, in relation to any package (being a package to which this section would otherwise apply, or, as may be appropriate, would otherwise apply without modification) which is of a prescribed class or description, and for so long as regulations under this subsection are in force this section shall be construed and have effect subject to their terms.

9. —(1) It shall be the duty of a person who is the packer or importer of packages to which section 8 of this Act applies to ensure that when a group of the packages, being packages each of which is marked with the same quantity, is selected in the prescribed manner and the packages in the group or such a portion of the group as is so selected are tested in the prescribed manner by an inspector—

( a ) the total quantity of the goods shown by the test to be included in the packages tested divided by the number of those packages is not less than the quantity expressed on each of those packages; and

( b ) the number of non-standard packages among those tested is not greater than the number prescribed as acceptable in relation to the number tested.

(2) Where, as a result of a test in respect of a group of packages which is carried out when the packages are in the possession of the packer or importer of the packages or another person, it is shown that the packer or importer of the packages has failed to perform the duty imposed on him by subsection (1) of this section in respect of the packages, then, without prejudice to the liability of the packer or importer under section 17 of this Act in respect of the failure, it shall be the duty of the person in possession of the packages to keep them in his possession until—

( a ) he is authorised by an inspector to dispose of them, or

( b ) if he is the packer or importer of them, he has performed his duty under subsection (1) of this section in respect of the group.

(3) It shall be the duty of a person who makes up packages to which section 8 of this Act applies either—

( a ) to use in an appropriate manner in making up the packages equipment which is both suitable and of a prescribed kind, or

( b ) (i) to carry out, at the prescribed time, a cheek which is adequate to show whether he has performed the duty imposed on him by subsection (1) of this section as regards the packages, and—

(ii) so to use suitable equipment of the prescribed kind in carrying out the check, and

(iii) to make, and to keep for the prescribed period, an adequate record of the check.

(4) It shall be the duty of a person who is the importer of packages to which section 8 of this Act applies either—

( a ) to carry out at the prescribed time a cheek of the kind mentioned in paragraph (b) of subsection (3) of this section and to comply with subparagraph (ii) and (iii) of that paragraph as regards the check; or

( b ) (i) to obtain, within the prescribed period and as regards the packages, documents containing such information concerning the packages as will be adequate to show that the packer is likely to have discharged, as regards the packages, the duty which would have been imposed on him by subsection (1) of this section had the packages been made up in the State, and

(ii) to retain for the prescribed period such documents.

(5) For the purposes of this section a package to which section 8 of this Act applies shall be regarded as being non-standard if the quantity of the goods included in the package is less, by more than an amount prescribed for the purposes of this section, or, as may be appropriate, an amount calculated in the manner so prescribed, than the quantity expressed on the package and referred to in section 8 (b) of this Act.

10. —(1) Subject to subsection (2) of this section, it shall be the duty of the person who is the packer of, or by whom in the course of a business is imported, a package to which section 8 of this Act applies to ensure—

( a ) that the quantity expressed on the package and referred to in section 8 (b) of this Act is so expressed in the prescribed units of weight or volume, and

( b ) that such quantity is expressed in the prescribed manner, and

( c ) that there are so expressed such other particulars (if any) as may be prescribed, and

( d ) that such quantity and, where appropriate, such other particulars are so expressed in a manner as will enable them easily to be read without opening the package.

( 2 ) ( a ) The Minister may, if he thinks fit, for the purposes of identifying—

(i) the packer by whom and the place at which a package to which section 8 of this Act applies is made up, or

(ii) the name of the importer by whom such a package is imported and the address in the State at which he carries on business as an importer,

arrange with any person for the application by the person to packages of a class or description specified in the arrangement of a mark so specified.

( b ) Where there is for the time being an arrangement under this subsection, if a package which is of a class or description specified in the arrangement is marked with the mark so specified, then, in so far as regulations under this section require the packer and place or the importer and address referred to in paragraph (a) of this subsection to be expressed on the package they shall be regarded as having been complied with.

(3) The provisions of subsection (1) of this section are in addition to and not in substitution for those of any other enactment; provided that in case—

( a ) a package to which section 8 of this Act applies includes goods specified in an order under section 2 (1) of the Act of 1970, and

( b ) the duties imposed by this section are complied with in relation to the package,

then if such order is made pursuant to paragraph (a) or (c) of the said section 2 (1), the requirements included in the order by virtue of either or both of those paragraphs, as may be appropriate, shall be regarded as having been complied with as regards the package.

11. —(1) This section applies to any package which is of a class or description prescribed for the purposes of this section.

(2) A person shall not in the course of carrying on a business—

( a ) mark with the e-mark any package which is not a package to which this section applies,

( b ) so mark any package which is a package to which this section applies unless he is either the packer or the importer of the package or is acting on behalf of such packer or importer,

( c ) mark any package with a mark so closely resembling the e-mark as to be likely to deceive.

(3) Subject to section 3 (i) of this Act, it shall be the duty of—

( a ) the packer of packages which are marked with the e-mark and which he intends to export from the State; and

( b ) a person who intends to import packages which are so marked and to export them from the State to a place in another member state of the European Economic Community; and

( c ) a person who intends to import packages, to mark them with the e-mark and to export them in the manner mentioned in paragraph (b) of this subsection,

to give, within the prescribed period and in the prescribed manner, to the Minister a notice containing such information about the packages as is prescribed and, in the case of a person described in paragraph (b) or (c) of this subsection, such further information about the packages in question as an inspector may specify in a notice in writing served on the person by the inspector.

(4) In this Act "the e-mark" means such mark as may be for the time being prescribed for the purposes of this section.