S.I. No. 400/1935 - Merchandise Marks (Restriction on Sale of New Imported Wooden Furniture) Order, 1935.

STATUTORY RULES AND ORDERS. 1935. No. 400.

MERCHANDISE MARKS (RESTRICTION ON SALE OF NEW IMPORTED WOODEN FURNITURE) ORDER, 1935.

WHEREAS it is enacted by sub-section (1) of section 8 of the Merchandise Marks Act, 1931 (No. 48 of 1931), that, if after consideration of a report of the Merchandise Marks Commission in relation to goods of a particular class or description, the Executive Council are of opinion that it is desirable that imported goods of that class or description should at the time of sale or exposure for sale bear an indication of origin, the Executive Council may, under and in accordance with the said Act, make an order (in the said Act referred to as a restriction on sale order) prohibiting the sale or exposure for sale of goods of that class or description unless such goods bear at the time of such sale or exposure an indication of origin in the form specified in such order:

AND WHEREAS it is enacted by sub-section (1) of section 9 of the said Act that every restriction on sale order made in relation to goods of a particular class or description shall specify the following things, that is to say:—

(a) At least one form of an indication of origin to be borne by such goods;

(b) the manner in which such indication of origin is to be borne by such goods;

(c) the date on which such order is to come into force;

(d) whether the goods are to bear an indication of origin at the time of exposure for sale wholesale:

AND WHEREAS it is enacted by sub-section (4) of the said section 9 that a restriction on sale order made in relation to goods of a particular class or description may provide that such order shall, subject to such terms and conditions as may be stated in such order, extend to samples of such goods:

AND WHEREAS it is enacted by sub-section (6) of the said section 9 that in addition to the matters required or permitted by the said section, every restriction on sale order may contain such provisions as appear to the Executive Council necessary or expedient for giving effect to the prohibition contained in such order:

AND WHEREAS the Merchandise Marks Commission in pursuance of section 7 of the said Act duly reported to the Executive Council in relation to the making of a restriction on sale order in relation to new imported goods of the descriptions specified in the Schedule to this Order:

AND WHEREAS the provisions of section 14 of the said Act were duly complied with in relation to the said report:

AND WHEREAS after consideration of the said report, the Executive Council are of opinion that it is desirable that new imported goods of the descriptions specified in the Schedule to this Order should at the time of sale or exposure for sale bear an indication of origin:

NOW, THEREFORE, the Executive Council, in exercise of the powers conferred on them by the Merchandise Marks Act, 1931 (No. 48 of 1931), and of every and any other power them in this behalf enabling, do hereby order as follows:—

1. (1) This Order may be cited as the Merchandise Marks (Restriction on Sale of New Imported Wooden Furniture) Order, 1935.

(2) This Order shall come into force on the 30th day of November, 1935.

2. The Interpretation Act, 1923 (No. 46 of 1923), applies to the interpretation of this Order in like manner as it applies to the interpretation of an Act of the Oireachtas.

3. The sale or exposure for sale (including exposure for sale wholesale) of new imported goods of the descriptions specified in the Schedule to this Order is hereby prohibited unless—

(a) such goods bear at the time of such sale or exposure an indication of origin, and

(b) such indication of origin consists of the Irish words "Tír a dhéanta" preceded by the name, in Irish, of the country in which such goods were manufactured, and also the English words "Made in" followed by the name, in English, of the said country, and

(c) the words in Irish which form part of such indication of origin are in letters of a similar size and colour to the words in English which form part of such indication of origin, and the said words in Irish are placed in close proximity to the said words in English, and

(d) such indication of origin is, in case such goods are upholstered goods or goods to which a tag or label cannot be conveniently attached, on a label securely sewn or affixed by adhesive or other means to such goods or, in any other case, on a tag or label attached to such goods;

(e) such indication of origin is so conspicuous as regards size and colour and the tag or label upon which it is borne is in such a position that a purchaser can without difficulty find and read such indication.

4. This Order extends to imported samples of new goods of the descriptions specified in the Schedule to this Order.

SCHEDULE.

Goods of any of the following descriptions made wholly or mainly of wood and component parts [made wholly or mainly of wood] of such goods, that is to say:—

DUBLIN.

Dated this 30th day of August, 1935.