Intoxicating Liquor Act, 1960

Restriction of sections 28 and 29 of the Weights and Measures Act, 1878.

39.—(1) Where an order under section 9 of the Intoxicating Liquor (General) Act, 1924 , prescribing the sizes of bottles in which an intoxicating liquor specified in the order may be sold is in force, neither section 28 nor section 29 of the Act of 1878 shall apply in relation to a bottle to which this section applies.

(2) The denomination of a bottle to which this section applies and a line defining its capacity shall be indicated on the bottle by indelible marks.

(3) The Minister for Industry and Commerce may make regulations in relation to bottles to which this section applies—

(a) prescribing the size and position of the line defining the capacity of the bottles,

(b) prescribing the denomination marks for the bottles, their sizes and their positions on the bottles,

(c) prescribing the limits of error to be allowed in relation to the capacity of the bottles as defined by the line aforesaid,

(d) prohibiting any feature in the design of the bottles which appears likely to facilitate the perpetration of fraud.

(4) Where in relation to a bottle to which this section applies there is a contravention of subsection (2) of this section or of regulations made under subsection (3) of this section, the bottle shall be deemed to be an unjust measure for the purposes of section 25 of the Act of 1878.

(5) Every regulation made 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 twenty-one days on which that House has sat after the regulation is laid before it, the regulation shall be annulled accordingly, but without prejudice to the validity of anything previously done thereunder.

(6) In this section—

“the Act of 1878” means the Weights and Measures Act, 1878;

“bottle to which this section applies” means a bottle which is required by an order referred to in subsection (1) of this section to be of a size prescribed thereby.