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Orders in relation to marking and contents of containers.
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2.—(1) The Minister may by order provide that goods of a kind specified in the order—
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(a) shall not be packed in a container unless the container or (if there is an inner container or containers and an outer container) at least one container bears a notice which is easily visible without removing or opening any container, is in such form as may be specified in the order and states clearly the quantity of the goods in the container by reference to such one or more of the following, that is to say, their weight, measure and number, as may be specified in the order, and, if the Minister so thinks fit, the name and address of the packer of the goods,
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(b) shall not be packed in a container in any quantity other than a quantity specified in the order by reference to such one or more of the following, that is to say, the weight, measure and number of the goods, as may be specified in the order,
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(c) shall not be imported by way of trade or sold by retail, packed in a container unless the container or (if there is an inner container or containers and an outer container) at least one container bears a notice which is easily visible without removing or opening any container, is in such form as may be specified in the order and states clearly the quantity of the goods in the container by reference to such one or more of the following, that is to say, their weight, measure and number, as may be specified in the order, and, if the Minister so thinks fit, the name and address of the packer of the goods or, if the goods have been imported packed in the container, of the importer of the goods,
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(d) shall not be imported by way of trade or sold by retail, packed in any quantity in a container other than a quantity specified in the order by reference to such one or more of the following, that is to say, the weight, measure and number of the goods, as may be specified in the order.
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(2) Where an order under this section requires the quantity of goods packed in a container to be indicated in a notice on the container or that goods shall not be packed in a container in any quantity other than a quantity specified in the order, the order may provide that the quantity of the goods to be indicated as aforesaid or the quantity of goods specified as aforesaid, as the case may be, shall not include any quantity of liquid or other substance added to the goods at the time at which they are packed in the container and may specify the manner in which it shall be ascertained whether the quantity of the goods in the container is in compliance with the provisions contained in the order by virtue of this subsection.
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(3) An order under this section may specify the manner in which the quantity of goods packed in a container shall be ascertained.
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(4) Where an order under this section requires a container to bear a notice, the order may specify the manner in which the notice is to be shown on the container.
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(5) An order under this section may include such provisions as the Minister thinks desirable to ensure that a notice displayed on a container in pursuance of the order is clearly visible and legible and that it is not so displayed as to convey or be likely to convey false or misleading information in relation to the quantity of the contents of the container.
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(6) An order providing for the matters specified in paragraph (a) or (b) of subsection (1) of this section shall not, in so far as it so provides, apply in relation to goods intended to be exported from the State.
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(7) An order under this section shall not apply in relation to any goods in respect of which the Minister, being satisfied that the goods were, at the time they were being packed in containers, intended to be exported and that it is reasonable to allow the sale of the goods in the State without compliance with the provisions of this Act, grants an authorisation in writing permitting such sale.
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(8) An order under this section may provide that where the quantity of goods of any kind packed in a container is greater or less by not more than a specified amount or percentage than—
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(a) the quantity of goods of that kind indicated in a notice of the kind specified in paragraph (a) or (c) of subsection (1) of this section on the container, or
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(b) a quantity specified by order for the purposes of paragraph (b) or (d) of subsection (1) of this section in relation to goods of that kind,
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the quantity so packed shall be deemed, for the purpose of those paragraphs, to be the same as the quantity so indicated or specified, as the case may be, and different amounts or percentages may be specified in relation to goods of different kinds, different quantities of goods and different kinds of containers.
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(9) An order under this section may provide that the order shall not apply in circumstances or subject to conditions specified in the order.
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(10) At least two months before the date of the making of an order under this section there shall be published in Iris Oifigiúil and in at least one daily newspaper notice of the Minister's intention to make the order and a brief statement of the effect of the order.
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(11) The Minister may by order amend or revoke an order under this section (including an order under this subsection).
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(12) An order shall not be made under this section without prior consultation by the Minister with such persons as appear to him to be substantially interested in the general subject-matter of the order unless, in the case of an order under subsection (11) of this section, it is, in the opinion of the Minister, necessary to make the order without such consultation.
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