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Packaged Goods (Quantity Control) Act 1980
Packages.
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 (2) (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.
Annotations
Modifications (not altering text):
C1
Application of section restricted (27.01.1981) by Packaged Goods (Quantity Control) Regulations 1981 (S.I. No. 39 of 1981), reg. 3(1), in operation as per reg. 1(2).
3. (1) It is hereby declared that section 8 of the Act shall not apply to:—
(a) catchweight packages, that is to say packages not made up in a predetermined constant quantity, or
(b) any package the nominal quantity of which exceeds 55kg or 55 litres, or
(c) packages not marked with the e-mark containing goods which are intended by the packer or importer of them to be subjected to any treatment or process in a factory within the meaning of the Factories Act, 1955 (No. 10 of 1955), or
(d) packages not marked with the e-mark which are intended for export, or
(e) packages not marked with the e-mark containing paint which consists of a mixture of base paint and of a quantity of colouring agent in the case where the package is made up by the addition of the colouring agent into a package of the base paint by a person other than the person who made up the last-mentioned package.
(2) Notwithstanding the declaration contained in paragraph (1) of this Regulation as regards packages intended for export, the Minister may on, and only on, a request made in that behalf in writing by the packer concerned treat packages which—
(a) are not marked with the e-mark, and
(b) are intended for export, and
(c) are of a class or description specified by the packer,
as being packages to which section 8 of the Act applies, and in case a request is made under this paragraph to the Minister, then until the request is withdrawn the declaration contained in paragraph (1) of this Regulation shall not apply to packages which are of the class or description to which the request relates.
Editorial Notes:
E3
Power pursuant to section exercised (27.01.1981) by Packaged Goods (Quantity Control) Regulations 1981 (S.I. No. 39 of 1981), in operation as per reg. 1(2).