Price Display
S.I. No. 9/1973 –
Prices and Charges (Tax-Inclusive Statements) Order, 1973.
PRICES AND CHARGES (TAX-INCLUSIVE STATEMENTS) ORDER, 1973.
I, PATRICK J. LALOR, Minister for Industry and Commerce, in exercise of the powers conferred on me by section 19 (2) (a) of the Prices Act, 1958 (No. 4 of 1958), as amended by the Prices (Amendment) Act, 1972 (No. 20 of 1972), hereby order as follows:
1. This Order may be cited as the Prices and Charges (Tax-inclusive Statements) Order, 1973.
2. This Order shall come into operation on the 1st day of February, 1973.
3. Where, for the purposes of or in connection with the sale by retail by a person of a commodity, the retail price of the commodity is stated orally by the person or by a servant or agent of the person or is stated on the commodity or on any container or wrapper in which the commodity is packed or on a ticket or label attached to the commodity or to such container or wrapper or in a catalogue or advertisement or in a notice or other document (other than an invoice), the price so stated shall be stated as a single amount inclusive of any charge made by the person for any tax payable in respect of the commodity.
4. Where, for the purposes of or in connection with the rendering of a service by a person, the charge for the service is stated orally by the person or by a servant or agent of the person or is stated in any catalogue or advertisement or in a notice or other document (other than an invoice), the charge so stated shall be stated as a single amount inclusive of any charge made by the person for any tax payable in respect of the service.
GIVEN under my Official Seal this 15th day of January, 1973.
PATRICK J. LALOR,
Minister for Industry and Commerce.
EXPLANATORY NOTE.
This Order requires that all retail prices marked on goods or prices displayed or quoted at the retail level and all charges for services displayed or quoted should be tax-inclusive.
S.I. No. 156/1976 –
Charges (Hairdressing) Display Order, 1976.
CHARGES (HAIRDRESSING) DISPLAY ORDER, 1976.
The Minister for Industry and Commerce, in exercise of the powers conferred on him by section 19 of the Prices Act, 1958 (No. 4 of 1958), as amended by the Prices (Amendment) Act, 1972 (No. 20 of 1972), hereby orders as follows:
1. This Order may be cited as the Charges (Hairdressing) Display Order, 1976.
2. This Order shall come into operation on the 9th day of August, 1976.
3. A hairdresser shall display a notice setting out the charges for every service rendered by him in his capacity as a hairdresser.
4. (1) A notice specified in Article 3 of this Order shall be displayed—
( a ) in case any part of the premises used for the purposes of the business of rendering the services to which the notice relates is situated on the ground floor of any building and adjoins the public thoroughfare, in such a position outside the premises as to be clearly visible to and capable of being easily read by all persons on the public thoroughfare adjoining that part of the premises, and
( b ) in any other case, in such a position at or immediately inside each of the entrances to the premises as to be clearly visible to and capable of being easily read by all persons using such entrances.
(2) Where a single notice cannot be displayed in such a position as to comply with paragraph (1) (a) of this Article, such number of notices as may be necessary to secure such compliance shall be displayed.
(3) A notice displayed in a window of premises shall be deemed, for the purposes of paragraph (1) (a) of this Article, to be displayed outside the premises.
(4) The letters and figures on a notice specified in Article 3 of this Order shall be at least 6 millimetres in height and of proportionate width.
GIVEN under the Official Seal of the Minister for Industry and Commerce,
this 13th day of July, 1976.
JOHN DONOVAN.
A person authorised by the Minister for Industry and Commerce
to authenticate the Official Seal of the Minister.
EXPLANATORY NOTE.
This Order requires every person who carries on the business of hairdressing to display in a specified manner a notice setting out the charges for every service rendered by him in his capacity as a hairdresser.
S.I. No. 213/1984 –
Retail Prices (Food in Catering Establishments) Display Order, 1984.
RETAIL PRICES (FOOD IN CATERING ESTABLISHMENTS) DISPLAY ORDER, 1984.
I, JOHN BRUTON, Minister for Industry, Trade, Commerce and Tourism, in exercise of the powers conferred on me by section 19 of the Prices Act, 1958 (No. 4 of 1958), as amended by section 5 of the Prices (Amendment) Act, 1972 (No. 20 of 1972), and the Trade, Commerce and Tourism (Alteration of Name of Department and Title of Minister) Order, 1983 ( S.I. No. 384 of 1983 ), hereby order as follows:
1. (1) This Order may be cited as the Retail Prices (Food in Catering Establishments) Display Order, 1984.
(2) This Order shall come into operation on the 1st day of September, 1984.
2. (1) In this Order “premises” includes vehicle and vessel.
(2) This Order applies to the following commodities, that is to say, foods sold to the public for consumption on the premises where they are sold including beverages (other than alcoholic beverages) but not including —
(a) biscuits not made at the premises where they are on sale,
(b) foods that are prepacked elsewhere than at the premises where they are on sale (other than sandwiches, bread, rolls, salads or meats or carbonated or aerated waters, whether coloured or not and whether flavoured or not, or fruit juices or similar beverages), or
(c) foods sold in conjunction with the provision of sleeping accommodation on the premises where they are sold,
and “food” and “foods” shall be construed accordingly.
(3) (a) A reference in this Order to the price charged for food is a reference to the retail price stated as a single amount and inclusive of any charge made for any tax payable in respect of the food.
(b) A reference in this Order to the charge made for any service is a reference to that charge stated as a single amount or as a percentage of an amount and inclusive of any charge made for any tax payable in respect of the service, being a service the charge for which is not included in the price of the food.
3. (1) Subject to the provisions of this Article, every person who carries on in the State the business of selling foods by retail shall display a notice or notices at the premises where the foods are sold —
(a) specifying each such food, and
(b) specifying in relation to each such food the price or prices charged therefor at the premises, and if the person charges a minimum price for any such food not included or not fully included in the prices aforesaid or makes (as a separate charge) a charge commonly known as a service charge or a charge commonly known as a cover charge or a charge for entry into the premises or for entertainment at the premises or any similar charge, the notice or notices shall specify the amount of any such price or of any such charge (whether stated as a percentage of an amount or otherwise) and the matters to which it relates and, if the said service charge is fully included in the prices specified in the notice or notices pursuant to subparagraph (b) of this paragraph, the notice or notices shall specify the fact of such inclusion.
(2) Where a person to whom paragraph (1) of this Article applies has on sale a group of foods intended to be sold together at a single inclusive price, the notice or notices displayed by him pursuant to the said paragraph (1) shall specify those foods and shall specify in relation thereto the single inclusive price charged therefor and, in the case of any of those foods that are not on sale as aforesaid separately from the others of those foods, it shall not be necessary for the notice or notices to specify them or their prices separately.
(3) Where a person to whom paragraph (1) of this Article applies has on sale a range of soups or ice creams or cakes, pastry, sandwiches or sandwich rolls or similar foods made mainly of flour, or carbonated or aerated waters, whether coloured or not and whether flavoured or not, or fruit juices or similar beverages, the notice or notices displayed by him pursuant to the said paragraph (1) may specify in relation to such range the highest price and the lowest price charged therefor and, if those prices are so specified, it shall not be necessary for the notice or notices to specify each food in each range, or their prices, separately.
(4) Where a person to whom paragraph (1) of this Article applies has on sale any food, or group of foods intended to be sold together at a single inclusive price, for which different prices are charged at different times or on different days, the notice or notices displayed by him pursuant to the said paragraph (1) shall specify the different prices and the circumstances in which they are chargeable.
4. (1) Subject to paragraph (2) of this Article, the following provisions shall have effect in relation to a notice or notices required by Article 3 of this Order to be displayed at premises, that is to say, the notice or notices shall be displayed —
(a) in case the whole of the premises is used for the purposes of the business of selling food by retail to the public (whether or not any part of the premises is also used for any other purpose), either immediately outside or immediately inside each entrance thereto open to the public,
(b) in case part only of the premises is used for the purposes of the business aforesaid (whether or not any of that part is also used for other purposes) and another part of the premises is used only for other purposes, either immediately outside or immediately inside each entrance open to the public to the part used for the purposes of such business, and
(c) in either case, in such a position as to be clearly visible and easily accessible to, and in such form and manner as to be capable of being easily read by, the persons using the entrances where it is or they are displayed pursuant to this paragraph.
(2) in the case of—
(a) a hotel, or
(b) a premises used for the purposes of the business specified in paragraph (1) (a) of this Article and also for the purposes of the business of either or both of the following, that is to say, a public bar used for the sale of intoxicating liquor and a lounge bar used for the sale of intoxicating liquor. the notice or notices aforesaid shall be displayed so as to comply with either subparagraph (a) or sub-paragraph (b) of paragraph (1) of this Article and with subparagraph (c) of that paragraph.
5. In any proceedings for an offence consisting of a contravention of Article 3 or 4 of this Order, it shall be a defence for the person charged to prove —
(a) that the commission of the offence was due to the act or default of another person or some other cause beyond his control, and
(b) that he took all reasonable precautions and exercised all due diligence to avoid the commission of such an offence by himself or any other person under his control.
GIVEN under my Official Seal, this 10th day of August, 1984.
JOHN BRUTON,
Minister for Industry, Trade,
Commerce and Tourism.
EXPLANATORY NOTE.
This Order requires that a comprehensive price list must be displayed in the case of every establishment (whether hotel, pub, restaurant, cafe, etc.) which offers food for sale which is intended for consumption on the premises.
Where the establishment consists solely of one or more food outlets, the notice must be displayed immediately outside or inside the entrance. However, where some other business is carried on (e.g. retail selling), the notice is to he displayed immediately outside or inside the entrance to the catering area. In the case of a hotel or public house, the notice can be displayed either at the entrance to the premises or at the entrance to the catering area.
All extra charges must be clearly specified.
S.I. No. 103/1997 –
Consumer Information (Advertisements For Concert Or Theatre Performances) Order, 1997
CONSUMER INFORMATION (ADVERTISEMENTS FOR CONCERT OR THEATRE PERFORMANCES) ORDER, 1997
I, PAT RABBITTE, Minister of State at the Department of Enterprise and Employment, in exercise of the powers conferred on me by section 11 of the Consumer Information Act, 1978 (No. 1 of 1978) as adapted by the Enterprise and Employment (Delegation of Ministerial Functions) Order, 1995 ( S.I. No. 42 of 1995 ), it appearing to me to be expedient in the interest of persons to whom services or facilities for the purchase of tickets for public concert or theatre performances are to be supplied or provided that advertisements of the services or facilities should contain the information required by the following Order to be contained, and after consultation with such persons as appear to me to be substantially interested in the subject matter of the Order, hereby make the following Order:
1. (1) This Order may be cited as the Consumer Information Advertisements for Concert or Theatre Performances) Order, 1997.
(2) This Order shall come into operation on the 12th day of May, 1997.
2. In this Order “admission price” means the price stated on the face of the ticket.
3. In every written advertisement for a public concert or theatre performance the admission price must be indicated and, where applicable, and separately, the amount, in monetary or percentage terms, of any additional charge and the circumstances in which such additional charges are payable.
4. In all other forms of advertising the admission price must be stated together with a reference to the fact that an additional charge may be payable in certain circumstances.
5. Without prejudice to Articles 3 and 4 of this Order, where an advertisement for a public concert or theatre performance makes a statement about the method of payment for tickets and there are restrictions in relation to that method of payment to be applied, the extent of those restrictions shall be clearly stated in the advertisement.
GIVEN under my Hand, this 4th day of March, 1997.
PAT RABBITTE,
Minister of State at the Department of
Enterprise and Employment.
S.I. No. 178/1997 –
Retail Prices (Diesel and Petrol) Display Order, 1997
I, RICHARD BRUTON, Minister for Enterprise and Employment, in exercise of the powers conferred on me by section 19 (amended by section 5 of the Prices (Amendment) Act, 1972 (No. 20 of 1972)) of the Prices Act, 1958 (No. 4 of 1958), and the Industry and Commerce (Alteration of Name of Department and Title of Minister) Order, 1993 ( S.I. No. 19 of 1993 ) hereby order as follows:
1. (1) This Order may be cited as the Retail Prices (Diesel and Petrol) Display Order, 1997.
(2) This Order shall come into operation on the 19th day of May, 1997.
2. In this Order—
“diesel” means gas oil (within the meaning of the Hydrocarbon Oil (Rebated Oil) Regulations, 1961 ( S.I. No. 122 of 1961 ) which is intended for use in mechanically propelled vehicles;
“petrol” means mineral hydrocarbon light oil (within the meaning of paragraph II (15) of the Imposition of Duties (No. 221) (Excise Duties) Order, 1975 ( S.I. No. 307 of 1975 ) which is intended for use in mechanically propelled vehicles; and
“95 unleaded” means petrol—
( a ) the benzene content of which does not exceed 5.0 per cent by volume,
( b ) the contamination of which by lead compounds does not exceed 0.013 grams per litre, and
( c ) the minimum motor octane number (MON) and minimum research octane number (RON) of which are 85.0 and 95.0 respectively, calculated in the manner prescribed by the European Communities (Lead Content of Petrol) Regulations, 1986 ( S.I. No. 374 of 1986 .
3. (1) A person who carries on the business of selling diesel, petrol or 95 unleaded by retail shall exhibit a notice at the premises (in this article referred to as “the premises”) where the business is carried on specifying the retail price per litre charged by him for each of those commodities.
(2) A notice referred to in paragraph (1) of this article shall be legible and visible from the side of the road nearest to the premises, to a person intending to purchase diesel, petrol or 95 unleaded at the premises.
(3) In a notice referred to in paragraph (1) of this article, a number appearing to the left of a decimal point shall be not less than 20 centimetres in height.
(4) The Retail Prices (Petrol) Display Order, 1986 ( S.I. No. 423 of 1986 ) is hereby revoked.
GIVEN under my Official Seal, this 30th day of April, 1997.
RICHARD BRUTON,
Minister for Enterprise and Employment.
EXPLANATORY NOTE.
This Order requires that persons selling diesel and petrol products specify, in a prescribed manner, the price per litre being charged to the consumer for these commodities.
S.I. No. 263/1999 –
Retail Price (Beverages in Licensed Premises) Display Order, 1999.
I, TOM KITT, Minister of State at the Department of Enterprise, Trade and Employment, in exercise of the powers conferred on me by Section 19 of the Prices Act, 1958 (No. 4 of 1958), as amended by the Prices (Amendment) Act, 1972 (No. 20 of 1972) (as adapted by the Enterprise and Employment (Alteration of Name of Department and Title of Minister) Order, 1997 ( S.I. No. 305 of 1997 )), and the Enterprise, Trade and Employment (Delegation of Ministerial Functions) (No. 2) Order, 1997 ( S.I. No. 330 of 1997 ), hereby order as follows:
1. This Order may be cited as the Retail Price (Beverages in Licensed Premises) Display Order, 1999.
2. This Order shall come into operation on the 15th day of September, 1999.
3. (1) Subject to the provisions of this Article, every person who carries on in the State the business of selling intoxicating liquor by retail for consumption on the premises shall display a notice inside the premises where the business is carried on specifying—
(a) each kind of beverage (whether alcoholic or non-alcoholic) on sale at the premises, and the quantities, measures or units thereof by reference to which the price charged therefor at the premises is calculated,
(b) opposite the mention of each such kind of beverage, the price charged at the premises for the quantities, measures or units specified of each such kind of beverage.
(2) Every person who carries on in the State the business of selling intoxicating liquor by retail in any premises for consumption on the premises, being premises in which different prices are charged in different parts of the premises for any quantity, measure or unit of one or more beverages, shall, in lieu of the notice referred to in paragraph (1) of this Article, display a notice in each such part specifying—
(a) each kind of beverage (whether alcoholic or non-alcoholic) on sale in that part of the premises, and the quantities, measures or units thereof by reference to which the price charged therefor in that part of the premises is calculated,
(b) opposite the mention of each such kind of beverage, the price charged in that part of the premises for the quantities, measures or units specified of each such kind of beverage.
(3) In this Article “premises” means any place where intoxicating liquor is sold.
(4) References in this Article to the price charged for any beverage on sale in premises are references to the retail price (stated as a single amount and inclusive of any charge made for any tax payable in respect of the beverage) charged in the premises at that time for that beverage for consumption on the premises.
4. (1) Subject to the provisions of this Article, every person who carries on in the State in any premises the business of selling intoxicating liquor by retail for consumption on the premises shall display a notice specifying—
(a) the price per pint or 568 millilitres charged at the premises or at that part of the premises, as the case may be, for at least one kind of draught stout,
(b) the price per pint or 568 millilitres charged at the premises or at that part of the premises, as the case may be, for at least one kind of draught ale,
(c) the price per pint or 568 millilitres charged at the premises or at that part of the premises, as the case may be, for at least one kind of draught lager,
(d) the price per pint or 568 millilitres charged at the premises or at that part of the premises, as the case may be, for at least one kind of draught cider,
(e) the price per bottle charged at the premises or at that part of the premises, as the case may be, for at least one kind of stout in bottles of a capacity of 330 millilitres,
(f) the price per bottle charged at the premises or at that part of the premises, as the case may be, for at least one kind of ale in bottles of a capacity of 330 millilitres,
(g) the price per bottle charged at the premises or at that part of the premises, as the case may be, for at least one kind of lager in bottles of a capacity of 330 millilitres,
(h) the price per bottle charged at the premises or at that part of the premises, as the case may be, for at least one kind of cider in bottles of a capacity of 330 millilitres,
(i) the price per 35.5 millilitres charged at the premises or at that part of the premises, as the case may be, for at least one kind of whiskey,
(j) the price per 35.5 millilitres charged at the premises or at that part of the premises, as the case may be, for at least one kind of vodka,
(k) the price per 35.5 millilitres charged at the premises or at that part of the premises, as the case may be, for at least one kind of gin,
(l) the price per bottle charged at the premises or at that part of the premises, as the case may be, for at least one kind of carbonated beverage in bottles of a capacity of 200 millilitres,
(m) the price per bottle charged at the premises or at that part of the premises, as the case may be, for at least one kind of carbonated beverage having a cola base in bottles of a capacity of 200 millilitres,
(n) the price per bottle charged at the premises or at that part of the premises, as the case may be, for at least one kind of mixer in bottles of a capacity of 113 millilitres,
(o) the price per bottle charged at the premises or at that part of the premises, as the case may be, for at least one kind of bottled water in bottles of a capacity of 250 millilitres, and
(p) the price per bottle charged at the premises or at that part of the premises, as the case may be, for at least one kind of wine in bottles of a capacity of 187 millilitres.
(2) A notice displayed pursuant to paragraph (1) of this Article shall be displayed—
(a) in case the whole of the premises is used for the purpose of selling liquor by retail for consumption on the premises and the same price is charged in all parts of the premises for each of the beverages specified in paragraph (1) of this Article when sold in the quantity, measure or unit specified in that paragraph in relation to such beverage, immediately outside or immediately inside each entrance to the premises which is open to the public;
(b) in case the whole of the premises is used for the purpose of selling liquor by retail for consumption on the premises and different prices are charged in different parts of the premises for one or more of the beverages specified in paragraph (1) of this Article when sold in the quantity, measure or unit specified in that paragraph in relation to such beverage, immediately outside or immediately inside each entrance to each such part of the premises which is open to the public;
(c) in case part only of the premises is used for the purpose of selling liquor by retail for consumption on the premises and another part of the premises is used only for other purposes, immediately outside or immediately inside each entrance to the part of the premises used for the purpose of selling liquor by retail for consumption on the premises which is open to the public.
(3) In this Article “premises” means any place where intoxicating liquor is sold.
(4) References in this Article to the price charged for any beverage on sale in premises are references to the retail price (stated as a single amount and inclusive of any charge made for any tax payable in respect of the beverage) charged in the premises for that beverage for consumption on the premises.
(5) This Article—
(a) does not apply in relation to premises in which none of the beverages specified in paragraph (1) of this Article are on sale, and
(b) applies in relation to premises in which some, but not all, of the beverages so specified are on sale as if the beverages aforesaid that are not on sale in the premises were not so specified.
5. (1) Every person who carries on in the State the business of selling any beverage by retail in any premises for consumption off the premises shall, if it is a condition of the sale that, if the container in which the beverage is sold is returned to the seller, the seller will give a specified sum of money (subsequently referred to in this Article as “the deposit”) to the person returning the container, display a notice inside the premises specifying—
(a) the price of the beverage, including the amount of the deposit, stated as a single amount, and
(b) the price of the beverage, excluding the amount of the deposit, stated as a single amount.
(2) In this Article “premises” means any place where any beverage is sold.
6. (1) A notice displayed in premises pursuant to this Order shall be in such a position as to be clearly visible and in a legible form.
(2) Where a single notice cannot be displayed in such a position as to comply with paragraph (1) of this Article, such number of notices as may be necessary to secure such compliance shall be displayed.
(3) In this Article “premises”, in relation to a notice displayed pursuant to Article 3 or 4 of this Order, has the meaning assigned to it by those Articles and, in relation to a notice displayed pursuant to Article 5 of this Order, has the meaning assigned to it by that Article.
7. (1) The letters and figures on a notice displayed pursuant to Article 3 or 5 of this Order shall be at least 3 millimetres in height and of proportionate width.
(2) A notice displayed pursuant to Article 4 of this Order shall be at least A4 in size.
(3) The letters and figures on a notice displayed pursuant to Article 4 of this Order shall be at least 4 millimetres in height and of proportionate width.
8. The Retail Price (Beverages in Licensed Premises) Display Order, 1976 ( S.I. No. 146 of 1976 ), is hereby revoked.
GIVEN under my Hand, this 20th day of August, 1999.
TOM KITT,
Minister of State at the Department of Enterprise, Trade and Employment.
EXPLANATORY NOTE.
(This note is not part of the Instrument and does not purport to be a legal interpretation.)
This Order, which applies from 15th September, 1999, requires that a 16 item price list will have to be displayed:
• immediately outside or immediately inside each entrance to a licensed premises, where the same price is charged in all parts of the premises (e.g., a bar)
• immediately outside or immediately inside each entrance to each part of a licensed premises, where different prices are charged in different parts of the premises (e.g., a bar and a lounge)
• immediately outside or immediately inside each entrance to the part of a licensed premises used for selling liquor by retail, where part only of the premises is used for selling liquor by retail and another part is used only for other purposes (e.g., a hotel).
The 16 items to be displayed are:
• stout — draught and bottle
• ale — draught and bottle
• lager — draught and bottle
• cider — draught and bottle
• whiskey
• vodka
• gin
• carbonated beverage
• carbonated beverage with a cola base
• mixer
• bottled water
• wine
S.I. No. 468/2000 –
Consumer Information (Advertisements For Airfares) Order, 2000.
I, TOM KITT, Minister of State at the Department of Enterprise, Trade and Employment, in exercise of the powers conferred on me by section 11 of the Consumer Information Act, 1978 (No. 1 of 1978) (as adapted by the Enterprise and Employment (Alteration of Name of Department and Title of Minister) Order, 1997 ( S.I. No. 305 of 1997 )) and the Enterprise, Trade and Employment (Delegation of Ministerial Functions) (No. 2) Order, 1997 ( S.I. No. 330 of 1997 ), hereby order as follows:
1. This Order may be cited as the Consumer Information (Advertisements for Airfares) Order, 2000.
2. This Order shall come into operation on 1 March 2001.
3. In this Order—
“advertisement” includes, unless expressly provided otherwise, every form of advertising;
“charge” includes a fee or a tax by whichever source imposed or levied;
“electronic” includes electrical, digital, magnetic, optical, electromagnetic, biometric, photonic and any other form of related technology;
“restrictions” includes, in relation to the availability of an airfare, restrictions on—
(a) flight times;
(b) the number of seats or the percentage of total aircraft capacity on specific routes;
(c) specific days of the week or months of the year;
(d) specific airports in relation to arrival or departure;
(e) specific source or method of booking;
and
(f) method of payment;
“total price payable for the airfare” means the total price of the airfare payable by the purchaser of the airfare, and includes all charges payable by him or her other than any charges imposed in respect of the method of payment;
“written” shall be construed as including electronic modes of representing or reproducing words in visible form.
4. (1) In every advertisement for an airfare—
(a) the total price payable for the airfare by the purchaser shall be clearly stated as one single amount and in the currency in which it is payable,
(b) where applicable, and separately, the monetary amount of any charge to be imposed in respect of the method of payment of the airfare shall be clearly stated.
(2) Without prejudice to the requirements of paragraph (1) of this Article, a statement of the individual amounts which constitute the total price payable for the airfare may be included in such an advertisement and where such a statement is included it shall specify every such amount together with the item in respect of which it is payable.
5. Without prejudice to Article 4 of this Order, where an advertisement for an airfare contains a statement about the method of booking or the method of payment for the airfare and there are restrictions with respect to the use of either such method applicable, the existence of those restrictions shall be clearly stated in the advertisement.
6. (1) Where there are any restrictions applicable in relation to the availability of an airfare, then—
(a) in the case of a written advertisement for the airfare, every such restriction shall be clearly specified in the advertisement,
(b) in the case of an advertisement for the airfare, other than a written such advertisement, the existence of every such restriction shall be clearly stated in the advertisement.
(2) Paragraph (1)(a) of this Article shall not be construed as requiring the specification of such a restriction to have the same degree of prominence in the advertisement concerned as the statement in the advertisement of the total price payable for the airfare has.
GIVEN under my hand, this 29th day of December, 2000.
TOM KITT,
Minister of State at the Department of Enterprise, Trade and Employment.
EXPLANATORY NOTE.
(This note is not part of the Instrument and does not purport to be a legal interpretation.)
These Regulations provide for transparency in airline advertising, in order to give consumers accurate information about the full price of airline tickets and the availability of the airfares advertised.
European Communities (Requirements To Indicate Product Prices) Regulation 2002
S.I. No. 639/2002 – European Communities (Requirements To Indicate Product Prices) Regulation 2002
I, Mary Harney, Minister for Enterprise, Trade and Employment, in exercise of the powers conferred on me by section 3 of the European Communities Act, 1972 (No. 27 of 1972) and for the purpose of giving effect to Directive 98/6/EC of the European Parliament and of the Council of 16 February 1998 1 , hereby make the following regulations:
Interpretation
1. (1) These Regulations may be cited as the European Communities (Requirements to Indicate Product Prices) Regulations 2002.
(2) These Regulations shall come into operation on the 1st day of March 2003.
2. (1) In these Regulations-
“advertisement” means an advertisement promoting the sale of a product but does not include an advertisement promoting the sale of a product by means of a distance contract, catalogue, price list container or label;
“consumer” means a natural person who buys a product for purposes that do not fall within the sphere of his or her commercial or professional activity;
“Directive” means Directive 98/6/EC of the European Parliament and of the Council of 16 February 1998 on consumer protection in the indication of the prices of products offered to consumers;
“Director” means the Director of Consumer Affairs;
“distance contract” means a contract for the sale of a product entered into by a trader and a consumer by any means, or in any manner, not involving those persons being present together;
“itinerant trader” means a trader who, as a pedestrian, or from a train, aircraft, vehicle, ship, stall, barrow or other mobile sales unit, offers products to consumers other than by means of pre-printed material;
“net drained weight” means the weight of a solid food product contained in a liquid medium (within the meaning of paragraph 4 of Article 8 of Directive 2000/13/EC of the European Parliament and of the Council relating to the labelling, presentation and advertising of foodstuffs 2 );
“premises” includes any building, shop, store, dwelling, kiosk temporary construction, or an area in any of the foregoing in which trading is carried on pursuant to a franchise or concession;
“products sold in bulk” means products which are not pre-packaged and are measured in the presence of the consumer;
“selling price” means the final price in euro, including value-added tax and all other taxes, for a unit of a product, or a given quantity of a product;
“trader” means any natural or legal person who sells or offers for sale products which fall within the sphere of his or her commercial or professional activity;
“unit price” means the final price in euro, including value-added tax and all other taxes, for one kilogram, one litre, one metre one square metre or one cubic metre of a product or, in respect of a product mentioned in the first column of the Schedule, the final price in euro, including value-added tax and all other taxes, for the number of units specified in the second column of the Schedule opposite such mention.
(2) In these Regulations-
(a) a reference to a Regulation or the Schedule is a reference to a Regulation of, or the Schedule to, these Regulations, unless it is indicated that reference to some other provision is intended, and
(b) a reference to a paragraph or a subparagraph is a reference to the paragraph or subparagraph of the provision in which the reference occurs, unless it is indicated that reference to some other provision is intended.
(3) A word or expression that is used in these Regulations and is also used in the Directive has, unless the contrary intention appears, the same meaning in these Regulations as it has in the Directive.
Non-Application
3. These Regulations do not apply to-
(a) products supplied in the course of the provision of a service, and
(b) sales by auction or sales of works of art and antiques.
4. (1) Subject to paragraph (2), where a trader indicates that a product is or may be for sale to a consumer, he or she shall indicate the selling price of that product in accordance with these Regulations.
(2) Paragraph (1) does not apply in respect of-
(a) products sold in bulk, or
(b) an advertisement for a product.
(3) A person who contravenes this Regulation is guilty of an offence.
Indicate Price
5. (1) Subject to paragraphs (2) and (3) and (4), where a trader indicates that a product is or may be for sale to a consumer, he or she shall indicate the unit price of the product in accordance with these Regulations.
(2) Paragraph (1) does not apply in relation to a product –
(a) which is pre-packaged with a content equal to or less than 50 grams or 50 millilitres;
(b) the selling price of which is not related to the quantity of that product being offered for sale;
(c) the unit price of which is identical to its selling price;
(d) the selling price of which has been reduced from the usual price at which it is sold on account of its damaged condition or the danger of its deterioration;
(e) which comprises an assortment of different items sold in a single package;
(f) which is sold from an automatic dispenser or a vending machine from which different products are offered for sale,
or
(g) which is sold other than in bulk –
(i) in a premises in which the trader does not make use of equipment for printing shelf edge labels or equipment for point of sale scanning, or
(ii) by an itinerant trader.
(3) Any question as to whether the selling price of a product is related to the quantity of that product being offered for sale shall be determined by the Director.
(4) Paragraph (1) applies in relation to an advertisement for a product except where —
(a) the selling price of the product is not indicated in the advertisement, or
(b) the advertisement is:
(i) solely aural,
(ii) broadcast on television, or
(iii) shown in a cinema.
(5) A person who contravenes this Regulation is guilty of an offence.
Clear Display
6. (1) A trader shall ensure that the indication of the selling price and where appropriate, the unit price of a product offered by him or her to consumers or to prospective consumers is —
(a) unambiguous, easily identifiable as referring to that product,
(b) clearly visible and legible to prospective customers, and
(c) in proximity to the product or, in the case of a product for sale by distance contract, to the description of the product.
(2) Where a trader offers products for sale at less than the selling price or the unit price previously applicable, the indication of the reduced prices in accordance with these Regulations may be effected by reference to a reduction of the prices by a fraction or percentage of the previous prices indicated by a general notice or any other visible means if the particulars of the reduction are –
(a) unambiguous and easily identifiable as referring to those products; and
(b) clearly visible and legible to prospective consumers.
(3) A person who contravenes paragraph (1) is guilty of an offence.
Pre-Packaged Goods
7. (1) Where a pre-packaged solid food product is offered for sale in a liquid medium –
(a) it shall be sufficient to indicate in accordance with these Regulations the unit price of the net drained weight; and
(b) if the unit price of the net weight is also indicated in accordance with these Regulations, the trader concerned shall ensure that it shall be clear to which weight each unit price refers.
(2) A person who contravenes this Regulation is guilty of an offence.
Offences
8. (1) Where, in the opinion of the Director, a trader is contravening or has contravened these Regulations, the Director may apply to the Circuit Court for an order requiring the trader to do or to refrain from doing anything the doing or refraining from the doing of which is, in the opinion of the Director, necessary or expedient to ensure compliance by the trader with these Regulations.
(2) On the hearing of an application under paragraph (1) (“an application” the Circuit Court may make an order under that paragraph or an order refusing the application or making such other provision as it considers appropriate.
(3) The Director shall cause notice of the intention to make an application to be given to the trader concerned and to be published in Iris Oifigiúil and in at least 2 national newspapers and in any other manner that the Circuit Court may direct.
(4) Every person claiming to have an interest in an application shall be entitled to appear before and be heard by the Circuit Court on the hearing of the application.
(5) On an application, it shall not be necessary for the Director to prove –
(a) actual loss or damage, or
(b) recklessness or negligence on the part of the trader concerned.
(6) On an application, the onus of proving compliance with these Regulations shall be on the trader concerned.
(7) On an application, the Circuit Court shall take account of all the interests involved and in particular the public interest.
(8) Paragraph (1) is without prejudice to the right of a consumer to invoke the provisions of these Regulations in any case before a court.
(9) Without prejudice to the power of the Circuit Court to enforce an order made under this section, a person who contravenes such an order is guilty of an offence.
Enforcement
9. (1) The Director may appoint persons to be authorised officers for the purposes of these Regulations.
(2) An authorised officer when exercising a power under these Regulations shall, if so requested by a person affected, produce to the person evidence in writing of his or her appointment as an authorised officer.
(3) The Director may revoke the appointment of an authorised officer.
(4) An authorised officer may, for the purposes of these Regulations and the Directive –
(a) at all reasonable times enter a premises, if there are reasonable grounds for believing that any trade, business or profession involving the sale of products to consumers is carried on there and search the premises and inspect any products, indications of selling prices or unit prices or records found there,
(b) secure for later inspection any such records or any part of the premises in which such records are kept or there are reasonable grounds for believing that such records are kept,
(c) inspect and take copies of, or of extracts from, any such records (including in the case of such records in a non-legible form a copy of, or of an extract, from such records in a permanent, legible form),
(d) require any person who is carrying on the trade, business or profession or any of his or her employees to produce to the officer any such records relating to the trade business or profession in his or her possession or procurement and, in the case of any such records in a non-legible form, to reproduce them in a permanent legible form or to give to the officer such information within his or her knowledge or procurement as he or she may reasonably require in relation to any entries in such records,
(e) inspect and copy or extract information from any data (within the meaning of the Data Protection Act 1988 (No. 25 of 1988)) found or produced to the officer under this Regulation,
(f) remove and retain any such records for such period as may be reasonable for further examination and copying,
(g) require a person found on the premises to give to the officer any information within his or her knowledge or procurement which the officer may reasonably require in regard to the trade, business or profession being carried on there or in regard to the persons carrying it on or their employees,
(h) require any person by or on whose behalf data equipment is or has been used on the premises or any person having charge of, or otherwise concerned with the operation of, such data equipment or any associated apparatus or material, to afford to the officer all reasonable assistance in relation thereto,
(i) require any other person employed in connection with the trade business or profession to give to the officer any information within his or her knowledge or procurement which the officer may reasonably require in regard to the trade, business or profession and to produce to the officer any records which are in that person’s possession or control.
(5) An authorised officer shall not, without the consent of the occupier, enter a premises, or a part of a premises, used as a dwelling unless he or she has obtained a warrant from the District Court under Regulation 10 authorising such entry.
(6) An authorised officer may, if he or she considers it necessary, be accompanied by a member of the Garda Síochána when exercising any powers conferred on an authorised officer by these Regulations.
(7) A person who obstructs or interferes with an authorised officer in the exercise of his or her powers under these Regulations or gives to an authorised officer information that is, to his or her knowledge, false or misleading or who does not comply with a requirement of such an officer under these Regulations is guilty of an offence.
10. If a judge of the District Court is satisfied on the sworn information of an authorised officer that there are reasonable grounds for believing that information required by an authorised officer under these Regulations is held on any premises, or a part of any premises, occupied as a dwelling, the judge may issue a warrant authorising an authorised officer, accompanied, if appropriate, by other authorised officers, or a member or members of the Garda Síochána at any time or times within one month from the date of issue of the warrant, on production if so requested of the warrant, to enter, if need be by the use of reasonable force, the premises or the part of the premises and there exercise all or any of the powers conferred on an authorised officer under Regulation 9.
11. Where an offence under these Regulations has been committed by a body corporate and is proved to have been committed with the consent or connivance of or to be attributable to any neglect on the part of a person being a director, manager, secretary or other officer of the body corporate, or a person who was purporting to act in any such capacity, that person as well as the body corporate is guilty of an offence and is liable to be proceeded against and punished as if he or she were guilty of the first-mentioned offence.
12. (1) An offence under these Regulations may be prosecuted by the Director.
(2) A person guilty of an offence under these Regulations is liable on summary conviction to a fine not exceeding €3,000.
13. The following Regulations are revoked:
(a) the Retail Prices (Potatoes) Display Order 1977 ( S.I. No. 11 of 1977 ),
(b) the Retail Prices (Food) Display Order 1977 ( S.I. No. 127 of 1977 ),
(c) the European Communities (Requirements to Indicate Product Prices) Regulations 2001 ( S.I. No. 422 of 2001 ).
SCHEDULE
Relevant units of quantity for specific products
for the purpose of the definition of “unit price” in Regulation 2
Regulation 2
PRODUCT
UNITS OF QUANTITY
Wines, sparkling wine, liquer wine, fortified wine
75cl
Spirits as defined by Article 1 of Council Regulation (EEC) No. 1576/89 of 29 May 1989 laying down general rules on the definition, description and presentation of spirit drinks
70cl
GIVEN under my Official Seal
this 20 th of December 2002
/images/seal.jpg
Mary Harney
Minister for Enterprise, Trade and Employment
EXPLANATORY NOTE
(This note is not part of the Instrument and does not purport to be a legal interpretation.)
These Regulations replace the European Communities (Product Prices) Regulations 2001 S.I. 422 of 2001, which gave effect to Directive 98/6/EC of the European Parliament and of the Council of 16 February 1998 on consumer protection in the indication of the prices of products offered to consumers. The Regulations apply to most products offered for sale by traders to consumers. Subject to the exceptions specified, where traders indicate that a product is or may be for sale to consumers, they are required to indicate the selling price and the unit price of that product in accordance with the provisions of the Regulations. The indication of the selling price and of the unit price must be clearly visible. The Regulations are enforced by the Director of Consumer Affairs.
1 O.J. No. L 80,18.3.98, p. 27
2 O.J. No. L 109, 6.5.2000, p. 29
Privacy Statement Accessibility European Legislation Identifier (PDF) Open Data License
© Government of Ireland. Oireachtas Copyright Material is reproduced with the permission of the Houses of the Oireachtas
S.I. No. 597/2022 –
European Union (Requirements to Indicate Product Prices) (Amendment) Regulations 2022
I, LEO VARADKAR, Minister for Enterprise, Trade and Employment, in exercise of the powers conferred on me by section 3 of the European Communities Act 1972 (No. 27 of 1972) and for the purpose of giving further effect to Directive 98/6/EC of the European Parliament and of the Council of 16 February 19981 on consumer protection in the indication of the prices of products offered to consumers amended by Directive (EU) 2019/2161 of the European Parliament and of the Council of 27 November 20192 amending Council Directive 93/13/EEC and Directives 98/6/EC, 2005/29/EC and 2011/83/EU of the European Parliament and of the Council as regards the better enforcement and modernisation of Union consumer protection rules, hereby make the following regulations:
1. These Regulations may be cited as the European Union (Requirements to Indicate Product Prices) (Amendment) Regulations 2022.
2. In these Regulations, “Principal Regulations” means the European Communities (Requirements to Indicate Product Prices) Regulations 2002 ( S.I. No. 639 of 2002 ).
3. Regulation 2 of the Principal Regulations is amended, in paragraph (1) –
(a) by the insertion of the following definition:
“ ‘announcement’ means a promotional statement by a trader, and ‘announce’ shall be construed accordingly;”, and
(b) in the definition of “Directive”, by the substitution of “to consumers, as amended by Directive (EU) 2019/2161 of the European Parliament and of the Council of 27 November 2019 amending Council Directive 93/13/EEC and Directives 98/6/EC, 2005/29/EC and 2011/83/EU of the European Parliament and of the Council as regards the better enforcement and modernisation of Union consumer protection rules” for “to consumers”.
4. The Principal Regulations are amended by the insertion of the following Regulation after Regulation 5:
“5A. (1) Where a trader announces a reduction in the selling price or unit price, as the case may be, of a product offered for sale to consumers, the trader shall indicate, in that announcement, the prior price of that product.
(2) A person who contravenes paragraph (1) is guilty of an offence.
(3) In this Regulation, ‘prior price’, in relation to a product in respect of which a reduction in selling price or unit price is announced, means –
(a) subject to paragraph (b), the lowest selling price or unit price, as the case may be, applied by the trader to the product during a period of not less than 30 days before the application of the reduction in the selling price or unit price of the product, or
(b) in a case where there are consecutive reductions in the selling price or unit price of the product, the lowest selling price or unit price, as the case may be, applied by the trader to the product during a period of not less than 30 days before the initial application of a reduction in the selling price or unit price of the product.”.
5. Regulation 6 of the Principal Regulations is amended –
(a) in paragraph (2), by the substitution of “Subject to Regulation 5A, where” for “Where”, and
(b) by the insertion of the following paragraph after paragraph (2):
“(2A) A trader shall ensure that the announcement of a reduction in the selling price or unit price, as the case may be, of a product offered for sale to a consumer is –
(a) unambiguous and easily identifiable as referring to that product, and
(b) clearly visible and legible to prospective consumers.”.
6. Regulation 12 of the Principal Regulations is amended –
(a) in paragraph (2), by the substitution of “class A fine” for “fine not exceeding €3,000”, and
(b) by the insertion of the following paragraph after paragraph (2):
“(3) Where a court is determining the sentence to impose on a person convicted of an offence under these Regulations, it shall take account, where it considers appropriate, of the following indicative and non-exhaustive criteria:
(a) the nature, gravity, scale and duration of the infringement of these Regulations;
(b) any action taken by the person to mitigate or remedy the damage suffered by consumers;
(c) any previous infringements of these Regulations by the person;
(d) the financial benefits gained or losses avoided by the person due to the infringement of these Regulations, if the relevant data are available;
(e) any penalties imposed on the person for the same infringement in other Member States in cross-border cases where information about such penalties is available through the mechanism established by Regulation (EU) 2017/2394 of the European Parliament and of the Council of 12 December 20173 on cooperation between national authorities responsible for the enforcement of consumer protection laws and repealing Regulation (EC) No. 2006/2004;
(f) any other aggravating or mitigating factors applicable in the circumstances of the case.”.
7. Section 85 (1) of the Consumer Protection Act 2007 (No. 19 of 2007) is amended, in paragraph (c), by the insertion of “5A(2),” after “5(5),”.
/images/ls
GIVEN under my Official Seal,
28 November, 2022.
LEO VARADKAR,
Minister for Enterprise, Trade and Employment.
EXPLANATORY NOTE
(This note is not part of the Instrument and does not purport to be a legal interpretation.)
These Regulations amend the European Communities (Requirements to Indicate Product Prices) Regulation 2002, giving further effect to Directive 98/6/EC of the European Parliament and of the Council of 16 February 1998 on consumer protection in the indication of the prices of products offered to consumers amended by Directive (EU) 2019/2161 of the European Parliament and of the Council of 27 November 2019 amending Council Directive 93/13/EEC and Directives 98/6/EC, 2005/29/EC and 2011/83/EU of the European Parliament and of the Council as regards the better enforcement and modernisation of Union consumer protection rules. These Regulations introduce the need for a trader to indicate the prior price applied in any announcement (promotional statement) of a price reduction of a product during a period of not less than 30 days before the application of the reduction in price. Where the trader does not indicate the prior price, he is guilty of an offence.
1 OJ No. L. 80, 18.3.1998, p. 27.
2 OJ No. L. 328, 18.12.2019, p. 7.
3 OJ No. L. 345, 27.12.2017, p 1.