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36. (1) Subject to the provisions of this Chapter and any regulations made under it, a duty of excise, to be known as sugar sweetened drinks tax, shall be charged, levied and paid at the rates specified in Schedule 4 on each sugar sweetened drink, with a sugar content of 5 grams or more per 100 millilitres, supplied in the State by a supplier.
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(2) For the purposes of the charge to sugar sweetened drinks tax, the sugar content of a sugar sweetened drink shall be that which is stated in, or can be ascertained from, the food information set out on the label or packaging of, or the accompanying documentation for, the drink concerned.
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(3) Notwithstanding subsection (2), where a sugar sweetened drink is first supplied in a concentrated form or in a ready to drink form prepared from a concentrated form, then the sugar content shall be ascertained on the basis of the sugar content of the ready to consume beverage resulting from preparation in accordance with manufacturer’s or producer’s instructions provided on the label, packaging or accompanying documentation for the concentrated sugar sweetened drink concerned.
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