S.I. No. 336/1978 - Restrictive Practices (Groceries) (Amendment) (No. 2) Order, 1978.

S.I. No. 336 of 1978.

RESTRICTIVE PRACTICES (GROCERIES) (AMENDMENT) (NO. 2) ORDER, 1978.

I, DESMOND O'MALLEY, Minister for Industry, Commerce and Energy, in exercise of the powers conferred on me by section 8 of the Restrictive Practices Act, 1972 (No. 11 of 1972), hereby order as follows:

1. (1) This Order may be cited as the Restrictive Practices (Groceries) (Amendment) (No. 2) Order, 1978.

(2) The Restrictive Trade Practices (Groceries) Order, 1956 ( S.I. No. 332 of 1956 ), the Restrictive Trade Practices (Groceries) Order, 1956 (Amendment) Order, 1958 ( S.I. No. 163 of 1958 ), the Restrictive Practices (Groceries) Order, 1973 ( S.I. No. 49 of 1973 ), the Restrictive Practices (Groceries) (Amendment) Order, 1973 ( S.I. No. 287 of 1973 ), and this Order may be cited together as the Restrictive Practices (Groceries) Orders, 1956 to 1978.

2. In this Order—

"goods to which this Order applies" means grocery goods for human consumption (excluding fresh fruit, fresh vegetables, fresh and frozen meat, fresh and frozen fish, fresh milk, fresh cream, ice cream, intoxicating liquors, mineral waters and non-alcoholic fruit drinks) and such household necessaries (other than foodstuffs) as are ordinarily sold in grocery and provision shops;

"the Principle Order" means the Restrictive Trade Practices (Groceries) Order, 1956 ( S.I. No. 332 of 1956 );

"retailer" and "wholesaler" have the same meanings as in the Principal Order.

3. Where a person, being a wholesaler or retailer, sells goods to which this Order applies at a price that is less than the net invoice price of the goods payable by the person to the supplier of the goods (including any value-added tax in respect thereof payable by the person), the supplier may, notwithstanding Article 7 of the Principal Order, withhold from the person supplies of any goods to which this Order applies.

4. (1) Where supplies of goods are withheld under Article 3 of this Order, the supplier concerned shall immediately notify the Examiner in writing of the action taken and the reasons therefor.

(2) Where the Examiner receives a notification under paragraph (1) of this Article, the Examiner may, on his own initiative, and shall in the event of a complaint being received by him from the person from whom supplies have been withheld, investigate the matter.

(3) If, after an investigation made pursuant to paragraph (2) of this Article, the Examiner informs a supplier that he is of opinion that the circumstances are not such as to justify the continued withholding of supplies, then, as from the date on which such supplier is so informed, Article 3 of this Order shall not permit the continued withholding of supplies from the wholesaler or retailer concerned.

5. (1) A retailer shall not publish or display, or cause to be published or displayed, an advertisement for the sale of goods to which this Order applies at a price that (after the deduction of the cost to the retailer of any discount or other benefit given by him on a sale of the goods) is less than the net invoice price of the goods (including any value-added tax in respect thereof payable by the retailer) at which the retailer purchased the goods.

(2) Paragraph (1) of this Article does not apply in relation to an advertisement for the sale of goods at the place where they are on sale.

(3) In this Article "advertisement" includes any catalogue, pricelist, notice, circular, photograph, film, sound broadcast, television broadcast or personal canvass.

6. Articles 8, 10 (b) and 11 of the Principal Order and Article 6 of the Restrictive Practices (Groceries) Order, 1973 ( S.I. No. 49 of 1973 ), are hereby revoked.

GIVEN under my Official Seal, this 7th day of December, 1978.

DESMOND O'MALLEY,

Minister for Industry, Commerce and Energy.

EXPLANATORY NOTE.

The effect of the Order is to enable suppliers to withhold supplies of grocery goods from persons who sell such goods below cost. Provisions in relation to the advertising for sale of goods below cost are also restated. Articles 8, 10 (b) and 11 of the Restrictive Trade Practices (Groceries) Order, 1956 and Article 6 of the Restrictive Practices (Groceries) Order, 1973 are revoked.

The Act requires that the Order be confirmed by an Act of the Oireachtas before it will have the force of law.