Agricultural Produce (Potatoes) Act, 1931

Regulations for the marking of packages.

19.—(1) The Minister may by order make regulations (in this Act referred to as regulations for the marking of packages) prescribing the marks to be applied to every package of potatoes for export sold on or exported or consigned from any registered premises, for the purpose of indicating all or any of the following matters, that is to say:—

(a) the grade of the potatoes contained in such package;

(b) the registered premises in which such potatoes were packed;

(c) the licensed exporter of the potatoes;

(d) the kind of potato contained in such package;

(e) the variety of the potato contained in such package;

(f) the date upon which the potatoes were graded and packed;

(g) the colour of the soil on which the potatoes were grown;

(h) that such potatoes were grown in Saorstát Eireann;

(i) any other matter which, in the opinion of the Minister, should be indicated on such package.

(2) The regulations for the marking of packages shall prescribe the manner in which the marks prescribed thereby are to be applied to the packages of potatoes to which they are applicable and different manners of application may be prescribed in relation to the application of different marks.

(3) For the purpose of so much of this section as relates to the indication by marks of the premises in which potatoes were graded and packed and the licensed exporter of the potatoes, the Minister may assign to every registered premises and also to every licensed exporter a distinctive mark, and may by the regulations for the marking of packages require the marks so assigned to be used as the marks for indicating respectively the premises on which such potatoes were graded and packed and the licensed exporter of such potatoes.

(4) Whenever any mark is prescribed by the regulations for the marking of packages as the mark to be applied to packages containing potatoes of any particular kind or graded and packed in any particular premises, or exported by any particular licensed exporter, the application of such mark to packages of potatoes of any other kind or place of grading and packing or exported by any other person shall be taken to be a false trade description within the meaning of the Merchandise Marks Acts, 1887 to 1911, and those Acts, including the penal provisions thereof, shall apply accordingly.

(5) For the purpose of this section a mark shall be deemed to be applied if it is applied within the meaning of the Merchandise Marks Acts, 1887 to 1911.

(6) In this section the word “mark” includes any word, letter, figure, number, or design, or any combination of words, letters, figures, numbers, and designs or any one or more of them.