S.I. No. 178/1984 - Consumer Information (Miscellaneous Goods) (Marking) Order, 1984.

S.I. No. 178 of 1984.

CONSUMER INFORMATION (MISCELLANEOUS GOODS) (MARKING) ORDER, 1984.

I, JOHN BRUTON, Minister for Industry, Trade, Commerce and Tourism, in exercise of the powers conferred on me by section 10 of the Consumer Information Act, 1978 (No. 1 of 1978), as adapted by the Trade, Commerce and Tourism (Alteration of Name of Department and Title of Minister) Order, 1983 ( S.I. No. 384 of 1983 ), and after consultation with such persons as appear to me to be substantially interested in the general subject matter of the Order following, hereby make this Order with respect to which, pursuant to section 26 of that Act, a draft has been laid before each House of the Oireachtas and a resolution approving of the draft has been passed by each such House:

1. (1) This Order may be cited as the Consumer Information (Miscellaneous Goods) (Marking) Order, 1984.

(2) This Order shall come into operation on the 6th day of August, 1984.

2. In this Order "the country of origin" in relation to goods means—

( a ) in case the goods were manufactured in one country, that country, or

( b ) in case the manufacturing process in relation to the goods took place in two or more countries, the country in which the last substantial process or operation that is economically justifiable was performed in relation to the goods, such process or operation having been carried out in an undertaking equipped for the purpose, and resulting in the manufacture of a new product or representing an important stage of manufacture.

3. This Order applies to goods of a description specified in the Schedule to this Order other than second-hand goods.

4. (1) A person shall not supply by retail any of the goods to which this Order applies unless they are marked with, or accompanied by, in accordance with the provisions of this Order, an indication of their country of origin.

(2) In this Article "supply" does not include having in possession for supply where the goods are neither offered nor exposed for supply or supplied.

5. An indication of the country of origin of goods marked on or accompanying goods in pursuance of Article 4 of this Order shall—

( a ) be clear and legible;

( b ) be in such a position and be so conspicuous as to be readily discernible and easily read by a person intending to acquire the goods; and

( c ) not be hidden, obscured or interrupted by other written or pictorial matter.

6. (1) Subject to paragraph (2) of this Article a person shall not, in the course of trade or business, supply, other than by retail, goods to which this Order applies unless, not later than the time of supply, he furnishes the person to whom such goods are supplied with a written statement as to the country of origin of the goods.

(2) The provisions of paragraph (1) of this Article shall not apply where goods are marked with or accompanied by an indication of the country of origin of the goods or if the goods are intended to be supplied outside the State.

(3) In this Article "supply" does not include offer to supply.

SCHEDULE

Goods to which this Order applies

1. Garments of any material, whether or not textile, and clothing accessories of textile material (including hats, gloves, shawls, scarves, ties, socks, sockettes, stockings).

2. Wooden furniture. Wooden furniture where wood is used in its manufacture to a greater extent than any other material.

3. Footwear.

4. Carpets, including sample carpets displayed in sample books, carpeting, rugs, mats, and matting (other than any such articles made or adapted for installation in a motor vehicle).

5. Goods of the following descriptions made wholly of or containing otherwise than as a minor constituent, precious metal or rolled precious metal and goods made wholly or partly of base metal (including polished or plated goods suitable for setting), that is to say—

(1) rings, bracelets (including wrist watch bracelets not attached to watches), necklaces, brooches, ear-rings, neck-chains, watch-chains and other ornamental chains; fobs, pendants, tie-pins and clips, cuff-links, dress studs and buttons; religious or other crosses, medals and insignia; hat ornaments, including pins, buckles and rings; buckles and slides for belts and shoes; hair-slides, tiaras, dress combs and similar hair ornaments,

(2) key rings,

which incorporate any of the features or materials set out in the Table to this paragraph, or consist of or incorporate any escutcheon, crest or other heraldic device, or any wording, motif, badge, emblem, insignia or reproduction referring to or represented to refer to any of those features or materials.

TABLE

(1) a representation of or reference to Ireland, or any Irish city, borough, town, place, monument, building, scene or map,

(2) the Brian Boru, Maid of Erin or other harp the design of which is associated with Ireland,

(3) an Irish saint, statesman, politician, author, artist, or other well-known Irish person,

(4) an Irish political or historical event,

(5) words or phrases in the Irish language or references to or extracts from Irish literature or folklore,

(6) Celtic design or ornamentation which suggests that the article is of Irish origin,

(7) a camán, shillelagh or sleán,

(8) any feature, other than the foregoing, which suggests that the goods are a souvenir of Ireland.

GIVEN under my Official Seal, this 9th day of July, 1984.

JOHN BRUTON,

Minister for Industry, Trade, Commerce and Tourism.

EXPLANATORY NOTE.

This Order requires in general, that clothes, clothing accessories, footwear, wooden furniture, carpets and certain souvenir jewellery, carry an indication of country of origin at the point of retail supply.

The obligation to indicate the country of origin applies both to Irish and imported goods and the indication may be on or accompanying the affected products.