S.I. No. 82/1978 - Restrictive Practices (Groceries) (Amendment) Order, 1978.

S.I. No. 82 of 1978.

RESTRICTIVE PRACTICES (GROCERIES) (AMENDMENT) ORDER, 1978.

I, DESMOND O'MALLEY, Minister for Industry, Commerce and Energy, in exercise of the powers conferred on me by section 8 of the Restrictive Practices Act, 1972 (No. 11 of 1972) hereby order as follows:

1. This Order may be cited as the Restrictive Practices (Groceries) (Amendment) Order, 1978.

2. In this Order "the Principal Order" means the Restrictive Practices (Groceries) Order, 1973 ( S.I. No. 49 of 1973 ).

3. Article 2 of the Principal Order is hereby amended by the insertion in the definition of "grocery goods" after "fresh vegetables", of "fresh and frozen meat," and the said definition, as so amended, is set out in the Table to this Article.

TABLE.

"grocery goods" means grocery goods for human consumption (excluding fresh fruit, fresh vegetables, fresh and frozen meat, fresh and frozen fish, fresh milk, fresh cream, ice cream, intoxicating liquors, mineral waters and non-alcoholic fruit drinks).

4. Article 3 of the Principal Order is hereby amended by—

( a ) the insertion in paragraph (1) after subparagraph (b), of the following subparagraph:

"(c) subparagraph (a) of this paragraph does not apply to the sale of goods that have been processed, blended, canned, packed or otherwise prepared in accordance with the specification and requirements of the purchaser, and, for the purposes of resale, are given the name or a brand name of the purchaser.",

and

( b ) the substitution of the following paragraphs for paragraphs (2), (3) and (4);

"(2) The terms and conditions aforesaid may make provision for discounts or rebates of different amounts on the price of goods sold related to one or more of the following:

( a ) the different functions in relation to the sale and distribution of the goods performed by purchasers of the goods,

( b ) the quantity or value of the goods,

( c ) other objective criteria which are designed to promote efficiency in supply or distribution and which are necessary in the legitimate interests of the supplier's business.

(3) The terms and conditions aforesaid—

( a ) shall not discriminate unfairly against purchasers and, having regard to the legitimate interests of the supplier's business, shall take reasonable account of the economies of supply and distribution to different purchasers,

( b ) shall not provide for any variation in the rates of discounts or rebates to any persons by reference to sales of goods to those persons by other suppliers, whether the other suppliers are members of any trade association or not, and

( c ) shall not be such as unfairly or unjustly to prevent a person from commencing business as a wholesaler or retailer.

(4) Where the terms and conditions aforesaid include supplementary terms relating to the promotion of sales in the manner specified in paragraph (5) (a) (ii) of this Article, the supplementary terms may be made available to different wholesalers and retailers at different times within a period which is of reasonable duration having regard to all the circumstances.".

5. Article 3 of the Principal Order is hereby further amended by the deletion of subparagraphs (b) and (c) of paragraph 5.

6. Article 4 of the Principal Order is hereby amended—

( a ) by the substitution of the following paragraph for paragraph (1):

"(1) A supplier shall, if so requested by the Examiner, furnish to the Examiner, within 14 days of the receipt of the request, a copy of the statement prepared by him pursuant to Article 3 of this Order together with any amendments thereof.", and

( b ) by the substitution for paragraph (2) of the following paragraph:.

"(2) A supplier shall furnish to the Examiner such information as the Examiner may from time to time request in relation to—

( a ) the supply of goods of a kind referred to in Article 3 (1) (c) of this Order, and

( b ) any supplementary terms referred to in a statement prepared by the supplier pursuant to Article 3 of this Order.".

7. Article 7 of the Principal Order is hereby amended by the substitution for paragraph (1) of the following paragraph:

"(1) ( a ) A person who is a wholesaler or retailer shall not, whether by the use of threats or inducements or otherwise, cause a supplier to sell grocery goods to him on and subject to terms or conditions other than those contained or referred to in the statement prepared by that supplier pursuant to Article 3 of this Order.

( b ) A wholesaler or retailer who purchases goods from a supplier shall comply with any terms or conditions as to credit in relation to the purchase contained in the statement prepared by the supplier pursuant to Article 3 of this Order.

( c ) Where a person is charged with an offence in relation to a failure to comply with subparagraph (b) of this paragraph, it shall be a defence for him to prove that the failure was due to his inability to pay for the goods purchased in accordance with the relevant terms or conditions as to credit.".

GIVEN under my Official Seal this 15th day of March, 1978.

DESMOND O'MALLEY,

Minister for Industry, Commerce and

Energy.

EXPLANATORY NOTE.

The effect of this Order is to amend Articles 2, 3,4 and 7 of the Principal Order. The Order requires to be confirmed by an Act of the Oireachtas before it will have the force of law.