Packaged Goods (Quantity Control) Regulations, 1981.
Statutory Instruments
Source: Statutory Instruments

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paragraphs: (1) These Regulations may be cited as the Packaged Goods (Quantity Control) Regulations, 1981.
(2) These Regulations shall come into force on the 1st day of April, 1981.
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paragraphs: In these Regulations—
"the Act" means the Packaged Goods (Quantity Control) Act, 1980 (No. 11 of 1980);
"e-marked" means marked with the e-mark;
"nominal quantity" means, in relation to a relevant package—
( a ) in case the package includes more than one container, the quantity expressed on the relevant container and purporting to be the quantity of goods included in the package,
( b ) in any other case, the quantity expressed on the package and so purporting;
"predetermined constant quantity" when used in relation to the making up of packages refers to the case where a group of packages containing the same goods is made up in circumstances in which, before the goods are placed in the packages, the packer selects a particular quantity (being the same quantity for all the packages in the group) as the quantity of the goods which the packages are to be treated as containing;
"the Packers' Manual" means the code entitled "Guidance Manual for Packers and Importers" approved of by the Minister on the 27th day of January, 1981;
"a relevant package" means a package to which section 8 of the Act applies.
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paragraphs: (1) It is hereby declared that section 8 of the Act shall not apply to:—
( a ) catchweight packages, that is to say packages not made up in a predetermined constant quantity, or
( b ) any package the nominal quantity of which exceeds 55kg or 55 litres, or
( c ) packages not marked with the e-mark containing goods which are intended by the packer or importer of them to be subjected to any treatment or process in a factory within the meaning of the Factories Act, 1955 (No. 10 of 1955), or
( d ) packages not marked with the e-mark which are intended for export, or
( e ) packages not marked with the e-mark containing paint which consists of a mixture of base paint and of a quantity of colouring agent in the case where the package is made up by the addition of the colouring agent into a package of the base paint by a person other than the person who made up the last-mentioned package.
(2) Notwithstanding the declaration contained in paragraph (1) of this Regulation as regards packages intended for export, the Minister may on, and only on, a request made in that behalf in writing by the packer concerned treat packages which—
( a ) are not marked with the e-mark, and
( b ) are intended for export, and
( c ) are of a class or description specified by the packer,
as being packages to which section 8 of the Act applies, and in case a request is made under this paragraph to the Minister, then until the request is withdrawn the declaration contained in paragraph (1) of this Regulation shall not apply to packages which are of the class or description to which the request relates.
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paragraphs: (1) For the purposes of this Regulation "outer container" means a container—
( a ) which contains one or more packages (whether relevant packages or not) which packages are in this Regulation subsequently referred to as the "inner containers", and
( b ) in which the inner containers are placed otherwise than in the presence of the person purchasing all or any of the inner containers, and
( c ) from which without opening the container none of the inner containers can be removed.
(2) Where a package includes an outer container and one or more inner containers and both the outer container and the inner container, or, if there is more than one inner container, at least one of the inner containers, are marked with the quantity of their contents in units of weight or volume, the outer container shall be the relevant container for the purposes of section 8 (1) (b) of the Act except in the cases specified in paragraph (3) of this Regulation.
(3) ( a ) Where a package includes only one inner container and that container (with the goods it contains) would if, apart from this sub-paragraph, it were the relevant container, be a relevant package, then that container shall be the relevant container, and the outer container included in the package shall be disregarded for all purposes of the Act.
( b ) Where a package includes more than one inner container each of which could reasonably be regarded as being suitable for sale by retail as a separate item (whether or not they are intended for such sale), then each of the inner containers which is marked with the quantity of its contents in units of weight or volume shall be a relevant container, and the outer container shall be disregarded for all purposes of the Act.
(4) ( a ) Notwithstanding paragraph (3) of this Regulation, a container which is duly marked with the e-mark shall for the purposes of the Act not be disregarded.
( b ) The Minister may, by a direction in writing, provide that a package which is of a class or description specified in the direction (being a package described in paragraph (3) of this Regulation) shall not be regarded as coming within the exceptions mentioned in paragraph (2) of this Regulation, and in case the Minister gives a direction under this paragraph, then until the direction is withdrawn paragraph (2) of this Regulation shall apply as regards any relevant package which is of a class or description specified in the direction and it shall not be regarded as being a package described in paragraph (3) of this Regulation.
(5) Where a package includes more than one outer container, then, subject to paragraph (4) (a) of this Regulation, for the purposes of these Regulations all those outer containers other than that or those which are innermost shall be disregarded for the purposes of the Act.
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paragraphs: All markings required by these Regulations to be expressed on a package shall be such as to be indelible, easily legible and visible on the package when it is bought or sold in the ordinary way.
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paragraphs: (1) Subject to Regulation 8 of these Regulations, the nominal quantity expressed on a relevant package shall be expressed in the following units of weight or volume, namely kilograms, grams, litres, centilitres, or millilitres and shall be marked in figures of the minimum size which is appropriate having regard to the following Table:
TABLE
Nominal quantity
Minimum height of figures
200g or 200ml or less
3mm
Above 200g or 200ml but not more
than 1000g or 1000ml
4mm
Above 1000mg or 1000ml
6mm
The figures used in pursuance of this paragraph shall be followed by either the symbol accepted internationally for the unit of measurement or by the name of the unit.
(2) The units of weight and volume set out in paragraph (1) of this Regulation are the prescribed units of weight and volume, but units of the imperial system may be used in conjunction with them, provided that—
( a ) markings in imperial units shall be in letters and figures of dimensions not larger than those of the corresponding markings in the aforesaid prescribed units, and
( b ) the positioning, colour and size of the letters and figures shall not be such as to make the imperial marking more prominent than the marking in the aforesaid prescribed units.
(3) The following are the conversion factors for calculating the imperial equivalents of the aforesaid prescribed units:
1g
=0.0353 ounces
(avoirdupois)
1kg
=2.205 pounds
1ml
=0.0352 fluid ounces
1 litre
=1.760 pints or 0.220 gallons.
In the case of e-marked packages, these conversion factors must be used for the purposes of these Regulations. In calculating the imperial equivalent of a quantity expressed in a prescribed unit of weight or volume, the calculation shall be correct to three significant figures when the quantity is greater than 100g or 100ml. In other cases it shall be correct to two significant figures.
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paragraphs: (1) Subject to Regulation 8 of these Regulations, all relevant packages made up in the State shall have—
( a ) expressed thereon the name and place of business of the packer, or
( b ) expressed thereon the name and place of business of the person who arranged for the package to be made up, or
( c ) a mark thereon to which an arrangement under section 10 (2) of the Act relates and which is applied pursuant to and in accordance with the arrangement.
(2) Subject to Regulation 8 of these Regulations, all relevant packages which are imported shall have—
( a ) expressed thereon the name and place of business in the State of the importer, or
( b ) expressed thereon the name and place of business of the packer, or
( c ) expressed thereon the name and place of business of the person who arranged for the package to be made up, or
( d ) a mark thereon to which an arrangement under section 10 (2) of the Act applies and which is applied pursuant to and in accordance with the arrangement.
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paragraphs: (1) Regulations 6 and 7 of these Regulations shall not apply to a package which is a returnable glass bottle marked with embossed or fired-on markings and which is so marked before the 31st day of March, 1981.
(2) Regulation 7 of these Regulations shall not apply to a package made up by a retailer for sale either on the premises on which it was packed or from a van or other vehicle used by him.
(3) The Minister may exempt packages with a nominal quantity of 50g or 50ml or less from the requirements in Regulation 6 regarding minimum height of figures.
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paragraphs: (1) The following mark is hereby prescribed for the purposes of section 11 of the Act, namely, the mark which consists of a small 'e', at least 3mm high, placed on a package in the same field of vision as the indication of nominal quantity and having the form and dimensions shown in the drawing in the First Schedule to these Regulations.