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Dáil Éireann díospóireacht -
Thursday, 26 Oct 1972

Vol. 263 No. 2

Ceisteanna—Questions. Oral Answers. - Ice Cream Sales.

48.

asked the Minister for Health if he is aware that retailers of ice cream which is sold by them in the same condition as supplied by manufacturers have been convicted of selling ice cream deficient in certain respects and penalised as a consequence, while the manufacturers have not been charged or penalised; if he will introduce legislation or amend the regulations to ensure that retailers who act in good faith are not penalised in such circumstances and that the manufacturers may be held responsible; and, if not, why.

I am aware that retailers of ice cream have been prosecuted because samples of the ice cream taken at the retailers' premises were found on analysis not to comply with the provisions of the Food Standards (Ice Cream) Regulations, 1952. However, a retailer can be discharged from such a prosecution if he can prove that he purchased the ice cream in the belief that it complied with the regulations and with a written warranty to that effect.

Furthermore, if it appears to the enforcing authority or enforcing officer that the retailer could establish the warranty defence, it is open to the authority or officer to take proceedings against the warrantor instead.

The relevant provisions are in section 63 of the Health Act, 1947.

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