S.I. No. 260/1969 - Industrial Training (Food, Drink and Tobacco Industry) Order, 1969.

S.I. No. 260 of 1969.

INDUSTRIAL TRAINING (FOOD, DRINK AND TOBACCO INDUSTRY) ORDER, 1969.

An Chomhairle Oiliúna, after consultation with organisations and associations appearing to it to be representative of substantial numbers of employers in the activities referred to in this Order and of substantial numbers of persons employed in such activities hereby, in exercise of the powers conferred on it by section 23 of the Industrial Training Act, 1967 (No. 5 of 1967), makes the following order :

1. This Order may be cited as the Industrial Training (Food, Drink and Tobacco Industry) Order, 1969.

2. the Activities of the food, drink and tobacco industry specified in the Schedule to this Order are hereby declared to be designated industrial activities for the purposes of the Industrial Training Act, 1967 (No. 5 of 1967).

SCHEDULE.

1. (1) In this Schedule :

" animal " includes any bird, fish or reptile;

" blend of colouring matter " means a product consisting of a blend of any colouring matter and a diluent or of a blend of two or more colouring matters with or without a diluent, being a product of which the main purpose is the colouring of any food or drink;

" bread " includes rolls, baps, fancy loaves, milk loaves, malt loaves and fruit loaves;

" business " means a trade or business carried on for the purposes of gain;

" company " includes any body corporate, and " subsidiary " has the same meaning as in Section 2 (1) of the Companies Act, 1963 (No. 33 of 1963);

" compounded additive " includes any clouding, foaming or thickening agent or any mixture of salts or preservatives with or without water;

" dealing " means by way of business and in the capacity of principal, agent or broker—

(i) in relation to products situate in the State, buying or selling such products;

(ii) in relation to products situate elsewhere, importing them into the State;

but (except in relation to tea) does not include any transaction in the nature of an auction;

" drug or medicine " means any substance or article which is used wholly or mainly by being administered to human beings or animals for one or more of the purposes following, that is to say—

(i) treating or preventing disease;

(ii) diagnosing disease or ascertaining the existence, degree or extent of a physiological condition;

(iii) contraception;

(iv) inducing anaesthesia;

(v) otherwise preventing or interfering with the normal operation of a physiological function, whether permanently or temporarily, and whether by way of terminating, reducing or postponing, or increasing or accelerating, the operation of that function or in any other way;

and for the purposes of this definition " disease " includes any injury, ailment or adverse condition, whether of body or mind;

" essence " means a solution, extract or distillate of one or more flavouring substances, with or without the addition of any colouring matter;

" fish " includes freshwater fish, sea fish, shellfish, crustaceans and molluscs of any kind and any parts of fish as so defined, but does not include any product that is bottled or canned or that is frozen and packed in printed cartons or in printed wrappers;

" flavour " means a product (other than an essence) in which one or more flavouring substances are dispersed in a liquid or solid base, with or without the addition of any emulsifying agent, colouring matter, stabiliser or preservative;

" flavouring compound " means a compound for use in the manufacture of a soft drink, and consisting of one or more flavouring substances and of one or more of the following substances, that is to say, any fruit juice, solvent, emulsifying agent, colouring matter, stabiliser, preservative, salt, acid, sugar or artificial sweetener;

" flour confectionery " includes cakes, oatcakes, shortbread, biscuits and articles of food made wholly or partly of pastry, but does not include any product that is frozen and packed in printed cartons or in printed wrappers;

" food, drink and tobacco activities " means any one or more of the principal activities of the food, drink and tobacco industry and the activities included in that industry by virtue of paragraph 2 (xii) of this Schedule;

" food or drink " includes—

(i) articles and substances used as ingredients in the preparation of food or drink;

(ii) yeast;

(iii) the following products when used or intended for use in the processing of food or drink, that is to say, any blend of colouring matter, compounded additive, essence, flavour or flavouring compound;

(iv) chewing gum;

but does not include acetic acid, common salt, water (not being mineral water) or live animals;

" horticultural produce " includes fruit, nuts, hops, potatoes, vegetables, watercress, fungi, bulbs, corms, rhizomes, tubers, flowers, pot, bedding or herbaceous plants, decorative foliage, herbs, shrubs and trees, but does not include fruit or vegetables that are bottled or canned or that are frozen and packed in printed cartons or in printed wrappers;

" human or animal consumption " includes use in the preparation of food or drink for human or animal consumption;

" intoxicating liquor " means anything which is an intoxicating liquor within the meaning of the Licensing Acts, 1833-1962;

" local authority " means the council of a county, county or other borough, or of an urban or rural district;

" manufacture " includes assembly or any process or operation incidental or appertaining to manufacture or assembly;

" marketing or promotional board " means An Bord Bainne, An Bord Gráin, Bord Iascaigh Mhara, Córas Beostoic agus Feola Teo., Pigs and Bacon Commission, and Irish Potato Marketing Co. Ltd.,

" meat " means the flesh (including edible offal and fat) of animals or birds that is intended for human or animal consumption, and includes sausages and sausage meat but does not include bacon, ham, meat paste, poultry paste, sausage casings, or any products that are canned or that are frozen and packed in printed cartons or in printed wrappers;

" milk " includes cream and separated milk, but does not include condensed, evaporated or dried milk or canned cream;

" office premises " has the same meaning as in Section 3 (1) of the Office Premises Act, 1958 (No. 3 of 1958);

" poultry " includes turkeys, geese, ducks and other domestic fowl;

" principal activities of the food, drink and tobacco industry " means activities which, subject to the provisions of paragraph 3 of this Schedule, are specified in paragraph 2, other than sub-paragraphs (xii) and (xiii) thereof, as activities of the food, drink and tobacco industry;

" processing " in relation to food or drink, means the manufacture, preparation, processing or other treatment thereof or any operation incidental or appertaining thereto, and in relation to food being horticultural produce includes also selection and packing;

" production " includes any process or operation incidental or appertaining to production;

" public warehousing " means keeping any premises wholly or mainly for the purposes of the storage of any products for reward for persons other than the occupier or, where the occupier is a company, for persons other than the company or an associated company of the company;

" related activities " means any of the following activities, that is to say—

(i) research, development, design or drawing;

(ii) buying, selling, letting out on hire, testing, advertising, packing, distribution, delivery, transport or any similar operations;

(iii) operations of a kind performed at office premises or laboratories, or at stores, warehouses or similar places;

(iv) cleaning, washing or garaging vehicles or carrying out running repairs or minor adjustments thereto;

(v) training of employees or apprentices;

" seeds " includes agricultural or horticultural seeds, cereal seeds, vegetable seeds, flower seeds, seeds of grasses, whether used for agricultural, horticultural or other purposes, seeds of trees and seed potatoes, but does not include oilseeds;

" selling by retail " in relation to any products means selling such products by way of business to a person buying otherwise than for the purpose of re-sale, use in manufacture or processing, and includes in relation to any article of food or drink selling the same to a person for use in connection with an establishment carried on by him in the hotel and catering industry or for use in connection with the supply to persons in his employment of food or drink for immediate consumption, when such selling takes place at or in connection with a shop engaged in the sale by retail of food or drink to the general public;

" soft drink " means any non-alcoholic drink commonly known as a soft drink, whether capable or not of being used as a medicine, and includes—

(a) any fruit drink, and any fruit juice squash, crush or cordial;

(b) soda-water, Indian or quinine tonic water, and any sweetened artificially carbonated water whether flavoured or unflavoured;

(c) ginger beer and any herbal or botanical beverage;

but does not include

(a) water (except as aforesaid) or water from natural springs in its natural state or with added mineral substances;

(b) unfermented grape juice products intended for sacramental use;

(c) fruit juice, sweetened or unsweetened, whether concentrated or frozen or not;

(d) any cereal product except:

(i) flavoured barley-water and liquid products used in the preparation of barley-water, and

(ii) cereal products containing alcohol that are not intoxicating liquor within the meaning of the Licensing Acts, 1833-1962;

(e) tomato or other vegetable juices, or any preparation of any such juice or juices;

" starches " includes any derivatives therefrom;

" substance " includes a liquid;

" tobacco " means tobacco, cigars, cigarettes, snuff or any other product made from tobacco, but does not include any preparation in the nature of a pesticide, fungicide or herbicide.

(2) For the purposes of this Schedule two companies shall be taken to be associated companies if one is a subsidiary of the other, or both are subsidiaries of a third company, and " associated company " shall be construed accordingly.

2. Subject to paragraph 3 of this Schedule, the following activities of industry are the activities referred in Article 2 of this Order, namely:

(i) any operations by way of business in—

(a) the processing of food or drink for human or animal consumption;

(b) the production of crude, refined or processed oil, being vegetable, animal, whale or fish oil;

(c) the production, from any part of an animal carcass, of fats, greases, tallows or sausage casings;

(ii) the manufacture of fish meal;

(iii) the manufacture of starches;

(iv) the manufacture of ice;

(v) the manufacture of tobacco;

(vi) the slaughtering of cattle, sheep, swine, poultry, goats, horses, asses or mules, when the flesh is intended for human or animal consumption;

(vii) dealing (not being selling by retail) in all or any of the products following—

(a) bread, flour, flour confectionery and yeast;

(b) milk, ice cream and any commodity similar to ice cream;

(c) meat;

(d) fish;

(e) horticultural produce;

(f) intoxicating liquor, soft drink, tea and raw or green coffee;

(viii) grading, packing or dealing (not being selling by retail) in shell eggs;

(ix) dealing in all or any of the products following—

(a) grain, other cereals and pulse;

(b) vegetable, animal, whale or fish oil, whether crude, refined or processed, and oilseeds;

(c) feeding stuffs intended for use as food for animals, hay and straw;

(x) cleaning, mixing, processing or dealing in seeds;

(xi) the activities of a marketing or promotional board;

(xii) any activities (other than those above mentioned) being—.

(a) related activities incidental or ancillary to principal activities of the food, drink and tobacco industry; or

(b) activities undertaken in the administration, control or direction of one or more establishments, being establishments engaged wholly or mainly in principal activities of that industry, in related activities incidental or ancillary thereto, or in the administration, control or direction of one or more other establishments engaged in such principal or related activities;and carried out, in either case, by the employer engaged in those principal activities or, where that employer is a company, by the company or by an associated company of the company;

(xiii) any activities of industry or commerce (other than food, drink and tobacco activities) carried out at or from an establishment mainly engaged—

(a) in food, drink and tobacco activities; or

(b) in food, drink and tobacco activities and in activities described in the Appendix to this Schedule, but to a greater extent in food, drink and tobacco activities than in activities described in that Appendix in relation to any one industry.

3. Paragraph 2 of this Schedule shall be construed as not including the following activities of industry, namely :

(i) the activities of any establishment engaged—

(a) mainly in activities not being food, drink and tobacco activities or activities described in the Appendix to this Schedule; or

(b) to a less extent in food, drink and tobacco activities than in activities described in that Appendix in relation to any one industry;

(ii) the activities of any establishment engaged wholly or mainly in related activities, being activities—

(a) incidental or ancillary to the activities of one or more establishments (in this sub-paragraph hereafter referred to as " the principal establishment ") engaged wholly or mainly in any activities not being principal activities of the food, drink and tobacco industry, and

(b) carried out by the employer carrying on the principal establishment or, where that employer is a company, by the company or by an associated company of the company;

(iii) the activities of any establishment engaged wholly or mainly in the activities following or any of them, that is to say—

(a) selling by retail;

(b) public warehousing;

(c) the manufacture of infant or dietary milk food by an employer engaged mainly in the manufacture of drugs or medicines;

(d) the manufacture of any drug or medicine or of cosmetic or toilet compounds, mixtures or preparations;

(e) the manufacture of a blend of colouring matter by an employer engaged mainly in the manufacture of natural or synthetic dyestuffs or pigments or their intermediates;

(f) the manufacture of starches for use in the manufacture of any adhesive or size or in laundering;

(g) the manufacture of fertilizers or conditioners of the soil;

(h) the splitting or distillation of vegetable, animal, whale or fish fats or the production of fatty acids, fatty alcohols, stearine, glycerine or chemical products derived therefrom;

(i) the production of gelatines from the waste or residues of animals or fish; or

(j) the gutting, filleting, freezing, curing or smoking of fish when carried out by an employer engaged mainly in the catching of fish;

(iv) the activities of any establishment engaged wholly or mainly in business as follows—

(a) in banking, finance or insurance;

(b) as exporters, not being activities to which sub-paragraph (xii) (a) of paragraph 2 of this Schedule applies;

(c) as futures brokers; or

(d) as shipping and forwarding agents;

(v) any activities in the provision of—

(a) service of artificial insemination for livestock at a centre providing such services; or

(b) any services in respect of milk recording;

(vi) the activities of a local authority, not being activities specified in paragraph 2 (vi) of this Schedule;

(vii) the activities of any company, association or body having as its sole or one of its principal objects the provision of facilities for the employment of or the training or retraining for employment of disabled persons provided the constitution of such company, association or body requires that its income and property shall be applied solely to such object or to such object and other charitable objects and that no portion thereof may be transferred directly or indirectly by way of dividend, bonus or otherwise howsoever by way of profit to the members of such company, association or body. Nothing herein shall prevent the payment in good faith of reasonable and proper remuneration to any officer or servant of such company, association or body or to any member thereof in return for services actually rendered or the payment of interest at a reasonable rate on money lent or reasonable and proper rent for premises demised or let by a member;

(viii) any operations when carried out by a member of the crew of an aircraft, by the master or a member of the crew of a ship or by a person ordinarily employed as a seaman who is employed in or about a ship in port by the owner or charterer thereof on work of a kind ordinarily done by a seaman on a ship while it is in port;

(ix) the supply (including any preparation thereof by the person or body of persons engaged in such supply) of food or drink to persons, being a supply—

(a) for immediate consumption;

(b) of hot fried fish or hot chipped potatoes; or

(c) by means of an automatic vending machine at or in connection with a restaurant, café, snack bar, canteen, mess room or similar place of refreshment; or

(x) any activity of agriculture, horticulture or fishing which is an activity of primary production.

APPENDIX.

The activities that would be included in an industry specified in Column 1 hereof by virtue of the industrial training order specified in the corresponding entry in Column 2, if the provisions specified in Column 3 were omitted from the Schedule to that order.

GIVEN under the seal of An Chomhairle Oiliúna, this 18th day of December, 1969.

The seal of An Chomhairle Oiliúna was affixed in the presence of:

M. J. KILLEEN,

Chairman

And

B. MAC MAGHNUIS,

an officer of An Chomhairle Oiliúna authorised by An Chomhairle Oiliúna to act in that behalf.

EXPLANATORY NOTE.

An Chomhairle Oiliúna (The Industrial Training Authority) was established under the Industrial Training Act, 1967 to promote training in industry and commerce.

This Order defines the activities of the Food, Drink and Tobacco Industry in relation to which An Chomhairle Oiliúna shall exercise its functions.