Consumer Protection Act 2007

F57 [ Chapter 5

Grocery Goods Undertakings ]

Annotations:

Amendments:

F57

Chapter 5 (ss. 63A-63E) inserted (31.10.2014) by Competition and Consumer Protection Act 2014 (29/2014), s. 83, S.I. No. 366 of 2014, in effect as per art. 3.

Annotations:

Editorial Notes:

E48

Certain findings under Chapter stated to be res judicata in respect of subsequent proceedings by Competition and Consumer Protection Act 2014 (29/2014), s. 86(1), S.I. No. 366 of 2014, in effect as per art. 3.

63A.

F58 [ Interpretation

63A. In this Chapter

allowance includes any discount, rebate, price concession or other advantage that is collateral to a sale or purchase of grocery goods but is not applied directly to the selling or purchase price;

contravention notice has the meaning assigned to it by section 63D ;

grocery goods means

(a) any food or drink that is intended to be sold for human consumption and includes

(i) any substance or thing sold or represented for use as food or drink for human consumption,

(ii) any substance or thing sold or represented for use as an additive, ingredient or processing aid in the preparation or production of food or drink for human consumption, and that is intended to be sold by a retailer as such an additive, ingredient or processing aid, and

(iii) intoxicating liquors,

but does not include food or drink served or supplied on the premises of a grocery goods undertaking in the course of providing catering, restaurant or take-away services or any similar hospitality services, or intoxicating liquor served or supplied for consumption on the premises of a grocery goods undertaking,

(b) household cleaning products,

(c) toiletries, and

(d) garden plants and garden plant bulbs;

grocery goods undertaking means an undertaking that is engaged for gain in the production, supply, distribution, wholesale or retail of grocery goods, whether or not the undertaking is engaged in the direct sale of those goods to the public;

marketing costs means costs relating to the marketing of grocery goods, including costs relating to

(a) visits to a supplier by employees or representatives of a retailer or wholesaler directly involved in the purchase of grocery goods,

(b) artwork or packaging design,

(c) consumer or marketing research,

(d) marketing consequent upon or related to the opening or refurbishment of a retail or wholesale premises, and

(e) hospitality for the staff or representatives of a retailer or wholesaler,

in relation to the goods concerned;

payment means any compensation, consideration, allowance or inducement in any form (monetary or otherwise) and includes more favourable contractual terms;

promotion means an offer for sale at an introductory or a reduced retail price or with some other benefit to consumers that is intended to subsist for a specified period;

relevant grocery goods undertaking means a grocery goods undertaking engaged in the production, supply, distribution, wholesale or retail of grocery goods in the State, that has, or is a member of a group of related undertakings that has, an annual worldwide turnover of more than 50 million;

related undertaking , in relation to a person (the first-mentioned person), means

(a) if the first-mentioned person is a company, another company that is related within the meaning of section 140 (5) of the Companies Act 1990 ,

(b) a partnership of which the first-mentioned person is a member,

(c) if the businesses of the first-mentioned person and another person have been so carried on that the separate business of each of them, or a substantial part thereof, is not readily identifiable, that other person,

(d) if the decision as to how and by whom the businesses of the first- mentioned person and another person shall be managed can be made either by the same person or by the same group of persons acting in concert, that other person,

(e) a person who performs a specific and limited purpose by or in connection with the business of the first-mentioned person, or

(f) if provision is required to be made for the first-mentioned person and another person in any consolidated accounts compiled in accordance with the Seventh Council Directive 83/349/EEC of 13 June 1983 2 , that other person;

retailer means a grocery goods undertaking that offers for sale, sells or resells grocery goods directly, or indirectly through franchise arrangements, to the public in the State;

shrinkage means losses that occur as a result of theft, loss or accounting error, after goods are delivered by a grocery goods undertaking to a retailer s premises;

supplier means a grocery goods undertaking carrying on (or actively seeking to carry on) a business in the direct supply to any wholesaler or retailer of grocery goods for resale in the State, and includes any such undertaking whether located in the State or not;

wastage means grocery goods that become unfit for sale after their delivery by a grocery goods undertaking to a retailer or a wholesaler;

wholesaler means a grocery goods undertaking that purchases goods from a supplier for resale to a retailer. ]

Annotations:

Amendments:

F58

Chapter 5 (ss. 63A-63E) inserted (31.10.2014) by Competition and Consumer Protection Act 2014 (29/2014), s. 83, S.I. No. 366 of 2014, in effect as per art. 3.

2 O.J. No. L 193, 18.7.1983, p.1.