Consumer Protection Act 2007

63B.

1 [ Regulations in respect of grocery goods undertakings

63B. (1) Where the Minister considers it to be appropriate having regard to

( a ) the desirability of the promotion of competitive trade between grocery goods undertakings,

( b ) the interests of consumers of grocery goods, in particular in relation to quality, value for money and access to choice,

( c ) the importance of grocery goods undertakings conducting their trading relationships in good faith and in a fair, open and transparent manner,

( d ) the importance of maintaining freedom of contract between grocery goods undertakings,

( e ) the importance of providing grocery goods undertakings with reasonable certainty in respect of the risks and costs of trading,

( f ) the economic importance to the State of the production, supply, distribution, wholesale and retail sectors in respect of grocery goods,

( g ) the impact on the development and maintenance of strong, innovative, efficient and competitive production and supply bases in the grocery goods sector, and

( h ) the impact on the development and maintenance of a competitive retail sector in respect of grocery goods,

he or she may, having consulted with the Commission and such other persons (including relevant grocery goods undertakings and other grocery goods undertakings) as he or she considers appropriate, make regulations in relation to particular aspects of the commercial relationships between relevant grocery goods undertakings and other grocery goods undertakings, in relation to the sale or supply of grocery goods.

(2) Notwithstanding the generality of subsection (1) , regulations made under that subsection may

( a ) specify the form of contract to be entered into by a grocery goods undertaking for the sale or supply of grocery goods to, or the purchase or receipt of goods from, a relevant grocery goods undertaking,

( b ) specify the ways in which a contract for the sale or supply of grocery goods referred to in paragraph (a) may be

(i) varied,

(ii) terminated, or

(iii) renewed,

( c ) specify the circumstances in which arrangements relating to the supply or delivery, including the frequency and timing in relation to the supply or delivery, of grocery goods may be varied,

( d ) specify the manner in which certain terms and conditions are to be incorporated into contracts for the sale or supply of grocery goods referred to in paragraph (a) , including terms and conditions in relation to

(i) payment for grocery goods supplied to relevant grocery goods undertakings,

(ii) the ordering, supply, price, marketing and sale of goods on promotion and the duration of the promotion,

(iii) where a contract provides for payment arising from the negligence or fault of the supplier, the circumstances in which wastage that occurs at the premises of a relevant grocery goods undertaking is to be considered as due to the negligence or fault of the supplier, and

(iv) the circumstances and manner in which a relevant grocery goods undertaking may require a grocery goods undertaking to make any payment, either directly or indirectly, towards the resolution of a customer complaint,

( e ) provide that a relevant grocery goods undertaking shall not enter into or renew any contract for the sale or supply of grocery goods referred to in paragraph (a) unless terms and conditions specified in regulations made under this section in relation to the following form part of the contract:

(i) the conditions under which a relevant grocery goods undertaking may, or may not, directly or indirectly require a supplier or retailer to obtain any goods or services from a third party from whom the relevant grocery goods undertaking receives payment for this arrangement;

(ii) the extent of the liability of a party to a contract for the sale or supply of grocery goods referred to in paragraph (a) for delays or failures in performance of the contract resulting from circumstances beyond the reasonable control of that party, and the actions that may or shall be taken by the parties to the contract in such circumstances,

( f ) limit the circumstances in which a relevant grocery goods undertaking may seek payment from a grocery goods undertaking in respect of

(i) shrinkage,

(ii) wastage, or

(iii) marketing costs,

( g ) specify the circumstances in which a relevant grocery goods undertaking may, or may not, seek payment from a grocery goods undertaking for the purchase of grocery goods for resale by the relevant grocery goods undertaking from the grocery goods undertaking,

( h ) provide for the manner in which forecasts for the supply of grocery goods are to be prepared and for the communication of the basis on which they are prepared,

( i ) specify the circumstances in which a relevant grocery goods undertaking that is a retailer or wholesaler may, or may not, seek payment from a supplier to retain shelf space, or to secure better positioning on shelves, or an increase in the allocation of shelf space, for the grocery goods of that supplier,

( j ) prohibit a relevant grocery goods undertaking from directly or indirectly compelling a grocery goods undertaking to make any payment or grant any allowance

(i) in respect of a promotion of the grocery goods of a grocery goods undertaking in the premises of the relevant grocery goods undertaking,

(ii) for the advertising or display of the grocery goods of the grocery goods undertaking in the premises of the relevant grocery goods undertaking, or

(iii) to retain shelf space, or to secure better positioning on shelves, or an increase in the allocation of shelf space, for the grocery goods of that grocery goods undertaking,

( k ) specify arrangements regarding promotions of grocery goods and related activities and the circumstances in which such arrangements shall be included in the contract for the sale or supply of grocery goods referred to in paragraph (a) ,

( l ) provide for limitations on the obligation of grocery goods undertakings to participate in promotions by relevant grocery goods undertakings or similar activities in relation to grocery goods,

( m ) prohibit a relevant grocery goods undertaking from requiring a grocery goods undertaking to obtain any goods or services from a third party from whom the relevant grocery goods undertaking receives payment for this arrangement,

( n ) specify arrangements for the preparation by relevant grocery goods undertakings of an annual compliance report in respect of compliance with regulations made under this section, and for the submission of this report to the Commission,

( o ) provide for the maintenance of records, and specify the records to be maintained, by relevant grocery goods undertakings in relation to the sale or supply of grocery goods to or from grocery goods undertakings,

( p ) provide for the nature or type of information, documents or records that shall be maintained and kept by relevant grocery goods undertakings, and the length of time that such information, documents or records shall be kept,

( q ) specify the manner and timeframe in which payments for grocery goods supplied to relevant grocery goods undertakings are to be made,

( r ) provide for the designation and training of staff in relevant grocery goods undertakings to be responsible for compliance with any regulations made under this section and the dissemination of information in relation to the implementation of such regulations to other staff in the undertaking, and

( s ) contain transitional provisions relating to the contracts for the sale or supply of grocery goods referred to in paragraph (a) to which the regulations, or different provisions of the regulations, will apply and any other relevant transitional provisions.

(3) Subject to this section, when making regulations under this section, the Minister may prescribe one or more classes (whether retailers, suppliers or wholesalers) of relevant grocery goods undertakings or grocery goods undertakings, or one or more classes of grocery goods, to which one or more of the regulations shall apply.

(4) Regulations under this section shall only apply to contracts entered into or renewed on or after the date on which the regulations come into operation.

(5) The Minister may, after he or she makes regulations under this section, and after consultation with the Commission and such other persons (including relevant grocery goods undertakings and other grocery goods undertakings) as he or she considers appropriate, prepare and make guidelines for the purpose of providing practical guidance as regards the operation of, and compliance with, this Chapter and any regulations made under this Chapter.

(6) Guidelines issued under subsection (5) shall

( a ) be published by the Minister in such manner as he or she considers appropriate,

( b ) be published by the Commission in such manner as it considers appropriate, and

( c ) be made available for inspection by any person free of charge during ordinary office hours at the principal office of the Commission. ]

Annotations

Amendments:

Amendments:

Editorial Notes:

E54

Power pursuant to section exercised (30.04.2016) by Consumer Protection Act 2007 (Grocery Goods Undertakings) Regulations 2016 (S.I. No. 35 of 2016), in effect as per reg. 1(2).