Dairy Produce Act, 1924

Regulations as to marking butter and packages.

29.—(1) The Minister may by order make regulations prescribing the marks to be placed on every package or wrapper containing butter exported or consigned from or sold on any premises to which such regulations apply for the purpose of indicating all or any of the following matters, that is to say:—

(a) the nature and quality of the butter contained in such package or wrapper;

(b) the premises on which such butter was packed or was examined and classified;

(c) that such butter was manufactured in Saorstát Eireann;

(d) any other matter which in the opinion of the Minister should be indicated on such package or wrapper.

(2) The Minister may also by order make regulations prescribing the marks to be placed on all or any butter sold on or exported or consigned from any premises to which such regulations apply for the purpose of indicating all or any of the matters mentioned in the foregoing sub-section and any other matter which in the opinion of the Minister should be indicated on such butter.

(3) For the purpose of so much of the foregoing sub-sections as relates to indicating the premises on which butter was packed or was examined and classified, the Minister may assign a distinctive mark to every or any premises to which regulations made under this section apply, and may by the regulations made by him under this section require the marks so assigned to be used as the mark for indicating the premises on which the butter was packed or was examined and classified.

(4) The Minister may also by order make regulations prohibiting the placing of any particular mark or marks of any particular class or description on all or any classes, grades or descriptions of butter or on any packages or wrappings containing any such butter, or on any letters or invoices or other trade documents issued or used in relation to such butter and where any such regulations have been made and are in force any person who places any mark on any butter or any package or wrapper or any letters or invoices or other trade documents in contravention of any such regulation shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a penalty not exceeding twenty pounds.

(5) Regulations made under this section shall apply to all premises registered in any register kept in pursuance of this Act, or to all premises registered in any one or more of such registers, as may be prescribed in that behalf by the regulations respectively.

(6) Whenever any mark is prescribed by regulations made under this section as the mark to be placed on butter of any nature or quality, or place of manufacture, or packed or examined and classified in any particular premises, or on packages or wrappers containing butter of any such nature or quality, or place of production, or packed or examined and classified in any such premises, the application of such mark to butter of any other nature or quality, or place of production, or to any package or wrapper containing any such butter or to any butter, package or wrapper packed or examined and classified on any other premises shall be taken to be a false trade description within the meaning of the Merchandise Marks Acts, 1887 to 1911, and the provisions of those Acts, including the penal provisions, shall apply accordingly.

(7) For the purposes 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.

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