Microbeads (Prohibition) Act 2019

Exemption

3. (1) Section 2 shall not apply to—

(a) a medicinal product (within the meaning of the Irish Medicines Board Act 1995 ) the manufacture or placing on the market of which is not prohibited under an enactment other than this Act,

(b) any product the purpose of which is to protect the skin from the effects of ultra violet radiation,

(c) the supply of a product to—

(i) a relevant provider within the meaning of the Qualifications and Quality Assurance (Education and Training) Act 2012 , or

(ii) an approved body,

for the purpose of the performance by it of its functions,

(d) products in transit through the State from a place outside the State to another place outside the State, or

(e) a product to which regulations under subsection (3) apply.

(2) The Agency may approve a body (in this section referred to as an “approved body”) in writing for the purposes of this section if it is satisfied that it is a function of the body to engage in scientific research or carry out scientific examinations of substances.

(3) The Minister may make regulations exempting any product or class of product essential to the carrying out of a specified industrial cleaning process from the application of this Act if he or she is satisfied that—

(a) that process would not be capable of being effected without such product, and

(b) there is no effective cleaning method that could be employed as an alternative to that process.

(4) Regulations under this section shall specify—

(a) the product or class of product to which the exemption under the regulations shall apply, and

(b) the industrial cleaning process for which that substance is required.

(5) Regulations under this section may specify conditions in relation to—

(a) the use of a product to which an exemption under the regulations applies, or

(b) the storage and disposal of such product.

(6) Every regulation made by the Minister under this section shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the regulation is passed by either such House within the next 21 days on which that House sits after the regulation is laid before it, the regulation shall be annulled accordingly, but without prejudice to the validity of anything previously done thereunder.