Packaged Goods (Quantity Control) Act, 1980

Application of section 3 of the Act of 1970 restricted.

20.—Where, in any proceedings for breach of a warranty of the kind specified in section 3 (1) of the Act of 1970 and in which there is raised an issue as to whether the packing of goods was in contravention of an order under paragraph (b) or (d) of section 2 (1) of that Act, the defendant proves—

(a) that the goods to which the proceedings relate were comprised either in, and only in, a package to which section 8 of this Act applies, or in, and only in, two or more such packages, and

(b) (i) in case the defendant is the packer or importer of the package or packages, as may be appropriate, mentioned in paragraph (a) of this subsection, that the duty imposed on him by section 9 of this Act has, in so far as it applies to such package or packages, been performed by him, and that such package, or, as may be appropriate, any of such packages is, for the purposes of section 17 (5) of this Act, not inadequate,

(ii) in the case of any other defendant, that such package, or, as may be appropriate, any of such packages is for the said purposes not inadequate,

then, as regards the proceedings in so far as they relate to such issue, the weight or volume of the goods included in the package or packages shall be regarded as being equal to the quantity marked on the package, or, in case there are two or more such packages, the aggregate of the quantities marked on them.

Acts Referred to

Companies Act, 1963

1963, No. 33

Consumer Information Act, 1978

1978, No. 1

Criminal Procedure Act, 1967

1967, No. 12

Merchandise Marks Act, 1887

1887, c. 28

Merchandise Marks Act, 1970

1970, No. 10

Petty Sessions (Ireland) Act, 1851

1851, c. 93

Weights and Measures Acts, 1878 to 1961