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S.I. No 483 of 2002
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European
Communities (Labelling, Presentation and Advertising of Foodstuffs)
Regulations 2002
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I, Mary Harney,
Minister for Enterprise, Trade and Employment, in exercise of the powers
conferred on me by section 3 of the European Communities Act 1972 ( No. 27
of 1972 ), and for the purpose of giving effect to Directive No. 2000/13/EC
of the European Parliament and of the Council of 20 March 20001 , Commission Directive No.87/250/EEC of 15
April 19872 , Commission
Directive No. 94/54/EC of 18 November 19943 (as amended by Council Directive No. 96/21/EC of 29 March
19964 ) and Commission
Directive No. 1999/10/EC of 8 March 19995 , hereby make the following regulations:
1. These
Regulations may be cited as the European Communities (Labelling,
Presentation and Advertising of Foodstuffs) Regulations 2002.
2. (1) In
these Regulations -
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“advertise” includes every form of advertising, whether in a
publication, by video, sound broadcasting, television, electronic
communication or radio, by display of notices, signs, labels, showcards or goods, by distribution of samples,
circulars, catalogues, price lists or other material, by exhibition of
pictures, photographs, models or films, or in any other way;
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“authorised officer” means
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(a) a
person appointed under Regulation 15(1), or
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(b) an
officer of a health board appointed under Regulation 15(2),
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“Directive” means Directive No. 2000/13/EC of the European
Parliament and of the Council of 20 March 2000;
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“Directives” means Directive No. 2000/13/EC of the European
Parliament and of the Council of 20 March 2000, Commission Directive No.
87/250/EEC of 15 April 1987, Commission Directive No. 94/54/EC of 18
November 1994 (as amended by Council Directive No. 96/21/EC of 29 March
1996) and Commission Directive No. 1999/10/EC of 8 March 1999;
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“health board” means -
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(a) a
health board established under section 4 of the Health Act 1970 ( No. 1 of
1970 ), or
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(b) the
Eastern Regional Health Authority, the Northern Area Health Board, the East
Coast Area Health Board or the South-Western Area Health Board;
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“sell” includes an agreement or offer to sell, or displaying for
sale, or inviting an offer to buy, and cognate words shall be read
accordingly.
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(2) A
reference in any enactment or an instrument made under an enactment to
Council Directive No. 79/112/EEC of 18 December 19786 (as amended by the Directives referred to
in Annex IV, Part A to the Directive), or to any provision of that Council
Directive shall be construed as a reference to the Directive or to the
corresponding provision thereof in accordance with the correlation table set
out in Annex V to the Directive.
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(3) In
these Regulations -
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(a) a
reference to a Regulation is to a Regulation of these Regulations, unless it
is indicated that a reference to some other enactment is intended, and
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(b) a
reference to a paragraph or subparagraph is to the paragraph or subparagraph
of the provision in which the reference occurs, unless it is indicated that
a reference to some other provision is intended.
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(4) A
word or expression which is used in these Regulations and which is also used
in the Directives has, unless the contrary intention appears, the same
meaning in these Regulations as it has in the Directives.
3. The
Orders specified in the Schedule to these Regulations, insofar as they
require containers in which goods are packed to bear notices complying with
those Orders, shall not apply in relation to foodstuffs that comply with the
Directives and these Regulations.
4. (1) A
person shall not sell, present or advertise foodstuffs, or provide free
samples of foodstuffs, unless they comply with the Directives and these
Regulations.
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(2) A
person who fails to comply with paragraph (1) is guilty of an offence.
5. (1) These
Regulations do not apply to the sale of -
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(a) (i) prepackaged foodstuffs that are prepackaged
by a person who sells the foodstuffs by retail on the premises where they
are prepackaged or from a vehicle used by the
person, or
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(ii) flour
confectionery prepackaged for sale on premises
where business is carried on by the person by whom the foodstuffs are
produced,
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(b) any
foodstuffs where the sale is a sale to the ultimate consumer or mass caterer
without prepackaging, or
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(c) any
foodstuffs which are packaged on the sales premises at the request of the
ultimate consumer or mass caterer,
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if the foodstuffs comply with paragraph (2).
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(2) (a) Where
foodstuffs specified in paragraph (1)(a) are sold, they shall bear
indications of the names of the foodstuffs on the labelling complying with
the Directives.
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(b) Where
foodstuffs specified in paragraph (1)(b) and (c) are sold, then, at the
option of the seller, either -
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(i) they
shall bear indications of the names of the foodstuffs on the labelling in
accordance with the Directives, or
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(ii) the
names of the foodstuffs shall be stated in a notice displayed in a prominent
position near the point of sale and otherwise complying with these
Regulations.
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(3) A
notice displayed pursuant to this Regulation shall be deemed not to comply
with this Regulation unless -
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(a) the
particulars in the notice are easily visible, clearly legible and indelible
and are not in any way hidden, obscured or interrupted by other written or
pictorial matter, and
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(b) the
notice is easily visible to a purchaser of the foodstuffs to which it
relates at the point of sale of the foodstuffs and is not hidden or
obscured.
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(4) (a) Subject
to subparagraph (b), these Regulations shall not apply to the sale of
individually wrapped fancy confectionery products which are not enclosed in
any further packaging and which are intended for sale as single items.
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(b) Where
foodstuffs specified in subparagraph (a) are sold, they shall bear
indications on the labelling complying with the Directives of the names of
the foodstuffs and the names and addresses of the manufacturers, packers or
sellers of the foodstuffs.
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(5) These
Regulations shall not apply to foodstuffs intended to be exported to another
country other than a Member State of the European Communities.
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(6) A
person who fails to comply with paragraph (2), (3) or (4)(b) is guilty of an
offence.
6. (1) Where
prepackaged prepared meals or prepackaged
sandwiches, filled rolls or similar bread products are sold -
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(a) they
shall bear indications on the labelling complying with the Directives of the
names of the foodstuffs, or
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(b) the
names of the foodstuffs shall be stated in a notice displayed in a prominent
position near the point of sale and otherwise complying with these
Regulations.
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(2) A
person who fails to comply with paragraph (1) is guilty of an offence.
7. Notwithstanding
anything in the Directives, Articles 3.1(4) and 8 of the Directive shall not
apply to sugar confectionery products, being products that have a net weight
of less than 50 grams.
8. Notwithstanding
any provision to the contrary in the Directives, in the case of milk and
milk products put in glass bottles intended for re-use, the provisions of
the Directive relating to the giving of particulars provided for in Article
3 of the Directive shall, by virtue of the first paragraph of Article 13.5
of the Directive, be deemed to be complied with if subparagraphs (1), (4),
(5) and (7) (in so far as that subparagraph relates to the indication of the
name or business name of the manufacturer, packager or seller of foodstuffs)
of Article 3.1 of the Directive are complied with.
9. (1) An
indication of particulars on the labelling of foodstuffs whose durability
has been extended by means of packaging gases authorised pursuant to -
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(a) Council
Directive No. 89/107/EEC of 21 December 19887 , and
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(b) European
Parliament and Council Directive No. 95/2/EC of 20 February 19958
(as amended by Directive No. 96/85/EC
of the European Parliament and of the Council of 19 December 19969
and Directive No. 98/72/EC of the
European Parliament and of the Council of 15 October 199810 ),
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shall be in accordance with Commission Directive No. 94/54/EC of 18
November 1994.
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(2) A
foodstuff whose durability has been extended by means of packaging gases
shall not be sold, presented or advertised nor shall free samples be
provided unless the labelling of the foodstuff complies with paragraph (1).
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(3) A
person who fails to comply with paragraph (2) is guilty of an offence.
10. (1) Without
prejudice to Article 3 of the Directive, the labelling of foodstuffs listed
in Article 1 of Council Directive No. 96/21/EC of 29 March 1996 shall
include additional particulars as set out in the said Article 1.
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(2) A
foodstuff shall not be sold, presented or advertised nor shall free samples
be provided unless the labelling of the foodstuff complies with paragraph
(1).
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(3) A
person who fails to comply with paragraph (2) is guilty of an offence.
11. Notwithstanding
anything in the Directive, Article 3.1(7) shall, in the case of butter
produced in the State, be deemed to be complied with if an indication is
given in accordance with the Directive of the manufacturer, packager or
seller of the butter.
12. European
Parliament and Council Directive No. 95/2/EC of 20 February 1995, European
Parliament and Council Directive No. 94/35/EC of 30 June 199411 (as amended by European Parliament and
Council Directive No. 96/83/EC of 19 December 199612 ), and European Parliament and Council
Directive No. 94/36/EC of 30 June 199413 shall apply to the designation of ingredients in
accordance with the second indent of Article 6.6 of the Directive.
13. (1) The
requirement in Article 8.2(d) of the Directive in relation to the I
indication of the total number of individual packages in a prepackaged item consisting of 2 or more individual
packages shall not apply in relation to prepackaged
items consisting of 2 or more individually wrapped slices of cheese or 2 or
more individually wrapped pieces of sugar confectionery, being items which
are not intended to be units of sale.
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(2) Article
8.1 of the Directive shall not apply in relation to foodstuffs normally sold
by number if the number of items can be clearly seen and easily counted from
the outside or, if not, is indicated on the labelling.
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(3) An
indication of alcoholic strength in the labelling of beverages referred to
in the second paragraph of Article 12 of the Directive shall be in
accordance with Commission Directive 87/250/EEC of 15 April 1987.
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(4) A
person who fails to comply with paragraph (3) is guilty of an offence.
14. (1) Indication
of particulars on the labelling or advertising of foodstuffs in pursuance of
the Directive and these Regulations shall be at least in the English language
or in the Irish language and in the English language.
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(2) A
person who fails to comply with paragraph (1) is guilty of an offence.
15. (1) The
Director of Consumer Affairs may appoint in writing any person being a
whole-time officer of the Minister for Enterprise, Trade and Employment to
be an authorised officer for the purposes of these Regulations.
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(2) The
chief executive officer of a health board may, in relation to the functional
area of that health board, appoint in writing such one or more officers of
the health board, as he or she considers appropriate, to be an authorised
officer or authorised officers for the purposes of these Regulations.
16. (1) An
authorised officer shall be furnished with a warrant of his or her
appointment as an authorised officer and when exercising any power conferred
on an authorised officer by these Regulations shall, if requested by any
person affected, produce the warrant or a copy of the warrant to that
person.
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(2) For
the purposes of ensuring compliance with these Regulations and the
Directives an authorised officer may -
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(a) at
all reasonable times, enter and inspect any premises in which the authorised
officer has reasonable grounds for believing that any foodstuffs are kept,
sold or being manufactured,
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(b) at
all reasonable times, enter any railway wagon, vehicle, ship, vessel or
aircraft in which the authorised officer has reasonable grounds for
believing that any foodstuffs are being transported for sale or kept for
sale,
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(c) require
the owner or any person employed at the premises or any person in charge of
the premises to give to the authorised officer such information in the
person's power or control that the officer may reasonably require and to
produce to the officer any records (in whatever form kept) or books or
documents (including labels and fiches) found by or produced to the officer
under this Regulation,
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(d) at
such premises, inspect and take copies of, or extracts from any books,
records or other documents (including in the case of information in
non-legible form a copy of or extract from such information in permanent
legible form),
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(e) inspect
and copy or extract information from any data (within the meaning of the
Data Protection Act 1988 ( No. 25 of 1988 )), found or produced to the
officer under this Regulation,
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(f) require
any person, by or on whose behalf data equipment is or has been used on the
premises in relation to the business of selling or marketing foodstuffs or
any person having charge of, or otherwise concerned with the operation of,
the data equipment or any associated apparatus or material, to afford the
authorised officer all reasonable assistance in relation to its use thereto,
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(g) carry
out or have carried out such examinations, tests, inspections and checks of
any foodstuffs found there as the authorised officer reasonably considers
necessary,
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(h) take
such samples of any foodstuffs or of materials or articles used or intended
for use in the manufacture or preparation of foodstuffs which the authorised
officer finds in the course of his or her inspection,
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(i) secure
for later inspection the premises or any foodstuffs found therein.
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(3) (a) Where
a sample is taken pursuant to this Regulation, the authorised officer
concerned shall divide the sample into not more than 4 approximately equal
parts each of which the officer shall mark in such a way as to identify it
as a part of the sample taken by the officer.
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(b) Where
an authorised officer takes a sample consisting of a foodstuff contained in
unopened containers and the division into parts of the foodstuff -
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(i) is
not reasonably practicable, or
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(ii) might
affect the composition or impede the proper analysis of the contents, the
authorised officer shall divide the containers into not more than 4 lots
each of which the officer shall mark in such a way as to identify it as a
part of the sample taken by the officer.
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(c) In
proceedings for an offence under these Regulations, the result of any test,
examination or analysis of, or report on, a sample taken pursuant to this
Regulation shall not be adduced unless before the proceedings were instituted
one of the parts into which the sample was divided pursuant to this
Regulation was left with or transmitted to the defendant.
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(4) A
person who -
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(a) obstructs
or interferes with an authorised officer in the exercise of his or her
powers under this Regulation, or
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(b) without
reasonable excuse, does not comply with a requirement of an authorised
officer under this Regulation, or
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(c) in
purported compliance with a requirement referred to in paragraph (b), gives
information to an authorised officer that the person knows to be false or
misleading in a material respect,
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is guilty of an offence.
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(5) An
authorised officer shall not, other than with the consent of the occupier,
enter a private dwelling unless the officer has obtained a warrant from the
District Court under Regulation 17 authorising such entry.
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(6) An
authorised officer, where he or she considers it necessary, may require a
member of the Garda Síochána
to assist the officer when performing any powers conferred on an authorised
officer by this Regulation which involves the breaking open of any premises
or any other action in which the use of force may be necessary and is
lawful.
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(7) A
person appointed as an authorised officer under the European Communities
(Labelling, Presentation and Advertising of Foodstuffs) Regulations 2000 ( S.I.
No. 92 of 2000 ), where the appointment is in force immediately before the
coming into force of these Regulations, shall continue to be so appointed as
if appointed under this Regulation.
17. If a
judge of the District Court is satisfied on the sworn information of an
authorised officer that there are reasonable grounds for believing that
there are foodstuffs or information relating thereto held on any premises
which an authorised officer requires to inspect, the judge may issue a
warrant authorising an authorised officer, accompanied if appropriate by
other authorised officers or by a member or members of the Garda Síochána, at any time or
times within one month from the date of issue of the warrant, on production
of the warrant if so requested, to enter that premises, if need be by
reasonable force, and exercise all or any of the powers conferred on an
authorised officer by Regulation 16.
18. If any
person fraudulently -
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(a) tampers
with any foodstuff so as to procure that any sample of it taken under
Regulation 16 does not correctly represent the product, or
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(b) tampers
or interferes with any sample taken under Regulation 16,
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the person is guilty of an offence.
19. (1) An
offence under these Regulations may be prosecuted by -
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(a) the
Director of Consumer Affairs, or
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(b) a
health board, in whose functional area the offence was committed.
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(2) A
person guilty of an offence under these Regulations is liable on summary
conviction to a fine not exceeding €3,000 or to imprisonment for a term not
exceeding 3 months or to both such fine and imprisonment.
20. (1) In
proceedings for an offence under these Regulations in which it is proved
that particulars are given on the labelling of the foodstuffs concerned and
that the foodstuffs do not comply with the Directives or these Regulations
by reason of the incorrectness of one or more of the particulars so given or
by reason of the omission of one or more of the particulars required by the
Directives and these Regulations to be given, it shall be a defence for the
defendant to prove:
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(a) that
he or she received the foodstuffs as being in compliance with the Directives
and these Regulations and with a written warranty to that effect,
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(b) that
he or she had no reason to believe at the time when he or she disposed of
the foodstuffs that they did not comply with the Directives and these
Regulations,
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(c) that
the foodstuffs, when disposed of by him or her were in the same state as
when he or she received them, and
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(d) that
he or she took all reasonable precautions and exercised all due diligence to
avoid the commission of the offence by himself or herself or any other
person under his or her control.
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(2) (a) A
statement by the manufacturer, importer or seller of foodstuffs in an
invoice or on a label attached to the foodstuffs or on the packet or
container in which the foodstuffs are sold that the foodstuffs comply with
the Directives and these Regulations shall be deemed for the purposes of
paragraph (1)(a) to be a warranty.
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(b) A
statement of the kind referred to in subparagraph (a) by the manufacturer of
imported foodstuffs shall be deemed, for the purposes of this paragraph, to
have been made by the importer of the foodstuffs.
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(3) A
person shall not, without leave of the court, be entitled to rely on the
defence in paragraph (1) unless, not less than 7 clear days before the court
hearing, he or she has served on the prosecutor a notice in writing giving
notice that he or she proposes to rely on that defence.
21. Where
an offence under this Regulation is committed by a body corporate and is
proved to have been committed with the consent, connivance or approval of,
or to be attributable to any neglect on the part of any director, manager,
secretary or other officer of the body corporate or any other person who was
purporting to act in any such capacity, that officer or person as well as
the body corporate is guilty of an offence and is liable to be proceeded
against and punished as if he or she were guilty of the first-mentioned
offence.
22. The
European Communities (Labelling, Presentation and Advertising of Foodstuffs)
Regulations 2000 ( S.I. No. 92 of 2000 ) are hereby revoked.
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SCHEDULE
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Orders
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Number and Year
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Title
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(1)
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(2)
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S.I. No. 28 of 1973
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Merchandise Marks (Prepacked
Goods) (Marking and Quantities) Order 1973
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S.I. No. 267 of 1973
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Merchandise Marks (Prepacked
Goods) (Marking and Quantities) (Amendment) Order 1973
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S.I. No. 222 of 1979
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Merchandise Marks (Prepacked
Goods) (Marking and Quantities) (Amendment) Order 1979
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S.I. No. 394 of 1981
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Merchandise Marks (Prepacked
Goods) (Marking and Quantities) (Amendment) Order 1981
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S.I. No. 367 of 1983
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Merchandise Marks (Prepacked
Goods) (Marking and Quantities) (Amendment) Order 1983
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S.I. No. 295 of 1985
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Merchandise Marks (Prepacked
Goods) (Marking and Quantities) (Amendment) Order 1985
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S.I. No. 100 of 1986
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Merchandise Marks (Prepacked
Goods) (Marking and Quantities) (Amendment) Order 1986
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S.I. No. 284 of 1989
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Merchandise Marks (Prepacked
Goods) (Marking and Quantities) (Amendment) Order 1989
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S.I. No. 266 of 1990
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Merchandise Marks (Prepacked
Goods) (Marking and Quantities) (Amendment) Order 1990
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GIVEN under my Official Seal,
16 October 2002.
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Mary Harney
Minister for Enterprise, Trade
and Employment.
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EXPLANATORY
NOTE
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These Consolidated Regulations transpose
Directive 2000/13 on the approximation of the laws of the Member States
relating to the labelling, presentation and advertising of foodstuffs which
revoked the previous Directive 79/112/EEC as amended and revoke the
consolidated Regulations the European Communities (Labelling, Presentation
and Advertising of Foodstuffs) Regulations S.I. No. 92 of 2000 . The
Consolidated Directive brings into one Directive all the requirements of the
original Directive as amended. The Regulations also provide for increased
fines of €3,000.
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Published by the Stationery Office, Dublin 2.
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1 OJ
No. L109, 6.5.2000, p. 29
2 OJ
No. L113, 30.4.87, p. 57
3 OJ
No. L300, 23.11.94, p. 14
4 OJ
No. L88, 5.4.96, p. 5
5 OJ
No. L69, 16.3.99, p. 22
6 OJ
No. L33, 8.2.79, p.1
7 OJ
No. L40, 11.2.89, p.27
8 OJ
No. L61, 18.3.95, p.1
9 OJ
No. L86, 28.3.97, p.4
10 OJ
No. L295, 4.11.98, p.18
11 OJ
No. L237, 10.9.94, p.3
12 OJ
No. L48, 19.2.97, p.16
13 OJ
No. L237, 10.9.94, p.13
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