Weights and Measures Act, 1928

Verification and stamping of bottles during manufacture.

7.—(1) The Minister may, if and whenever he thinks fit, grant in respect of any factory in Saorstát Eireann a licence in the prescribed form authorising all bottles to which this Act applies manufactured in such factory to be stamped in the prescribed manner during the process of manufacture with a stamp of verification under the Weights and Measures Acts, 1878 to 1904, as amended by this Act or with an impression derived from such stamp, and a factory in respect of which such a licence has been granted and is in force is in this section referred to as a licensed factory.

(2) No licence shall be granted under this section unless or until the Minister has made regulations under this section.

(3) The Minister may at any time revoke any licence granted under this section.

(4) All bottles stamped under this section during manufacture shall immediately after they are manufactured be tested and verified in the prescribed manner by a special inspector and if found by him not to be correct in accordance with the stamp thereon shall forthwith be destroyed in the prescribed manner by or under the supervision of a special inspector.

(5) The methods of verification and stamping of bottles to which this Act applies authorised under this section shall, in respect of such bottles manufactured in a licensed factory, be in substitution for the methods of verification and stamping required or authorised by or under the Principal Act.

(6) The Minister shall make regulations relating to the following matters:—

(a) any matter or thing referred to in this section as prescribed,

(b) the securing that bottles to which this Act applies stamped under this section will be so stamped by or under the immediate supervision of a special inspector,

(c) the securing that such bottles will be and remain in the custody of a special inspector from the time of manufacture until released or destroyed by or under the supervision of a special inspector,

(d) prescribing the duties of a special inspector under this section,

(e) imposing such conditions on the proprietor of a licensed factory as the Minister may consider necessary to ensure that all bottles to which this Act applies manufactured in and issued from such factory are duly verified and stamped in accordance with this section and the regulations to be made thereunder,

(f) prescribing the penalties which may be inflicted on persons (other than special inspectors) found by a court of summary jurisdiction to be guilty of contravening the regulations, but so that no such penalty shall exceed a fine of twenty-five pounds or, at the discretion of the court, imprisonment for any term not exceeding three months.

(7) Any person (other than a special inspector) found guilty by a court of summary jurisdiction of contravening any regulation made under this section may be sentenced by such court to suffer a penalty not exceeding the penalty prescribed by such regulation in respect of such contravention or, where no penalty is so prescribed, not exceeding a fine of twenty-five pounds or, at the discretion of the court, imprisonment for any term not exceeding three months.

(8) If a special inspector is guilty of any breach of duty imposed on him by regulations made under this section he shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding five pounds.

(9) In this section the word “prescribed” means prescribed by regulations made under this section.