Packaged Goods (Quantity Control) Act, 1980

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Regulations.

3.—(1) The Minister may make regulations for prescribing any matter referred to in this Act as prescribed; provided that in so far as any such regulations provide for the charging of fees they shall only be made with the consent of the Minister for Finance.

(2) Regulations under this Act may—

(a) apply to packages generally or to packages of a particular class or description,

(b) provide that where a package includes an outer container and one or more inner containers, such of the containers as is prescribed shall for all or any prescribed purposes of this Act be disregarded,

(c) provide that, for the purposes of section 9 (3) of this Act, equipment shall not be regarded as being suitable unless it is made from specified materials or according to or with regard to a prescribed specification or a prescribed principle,

(d) provide for the inspection, testing and certification of equipment which may be used to make up or to check packages to which section 8 of this Act applies,

(e) provide for the payment to the Minister of prescribed fees as regards such inspection, testing and certification,

(f) provide that, where an inspector as a result of the exercise of a power conferred on him by section 14 of this Act finds that a person has failed to perform a duty imposed on him by section 9 of this Act—

(i) the inspector may give to the person a notice requiring him to take, within such period as may be specified in the notice (which period shall be a period of not less than twenty-one days), such steps as are necessary to ensure that the requirements of the said section 9 are complied with in relation to the matter, and

(ii) in case for the purpose of ascertaining whether or not the requirements of the notice have been complied with, an inspector at any time after the expiration of the said period exercises any such power, there shall be payable to the Minister by the person such fee as may be prescribed for the purposes of this subparagraph,

(g) provide that in deciding whether or not—

(i) for the purposes of this Act equipment is suitable or has been appropriately used, or

(ii) checks or records are adequate for the said purposes, or

(iii) information is adequate to show that a person is likely to have discharged the duty imposed on him by section 9 (1) of this Act, regard may be had to prescribed documents (which documents may be or include codes or parts of codes of practical guidance),

(h) provide that the Weights and Measures Acts, 1878 to 1961, shall not, by reason only of the fact that a weight, measure or measuring instrument of a prescribed class or description is used for or in connection with the discharge of a duty imposed by section 9 of this Act, be construed as requiring that weight, measure or measuring instrument to be verified and stamped by an inspector of weights and measures,

(i) enable an inspector to give to any person a notice providing that, until an inspector informs the person in writing that the notice is cancelled, none, or only such one or more as may be specified in the notice, of the following paragraphs, that is to say, paragraphs (a), (b) and (c) of section 11 (3) of this Act shall apply to him as respects packages of a kind specified in the notice or a place so specified,

(j) contain such provisions as the Minister considers appropriate with respect to the dimensions of a mark prescribed for the purposes of section 11 of this Act and the manner and position in which it is to be applied to the container included in a package to which section 8 of this Act applies.

(3) Every regulation made under this Act shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the regulation is passed by either such House within the next twenty-one days on which that House has sat after the regulation is laid before it, the regulation shall be annulled accordingly but without prejudice to the validity of anything previously done thereunder.