Vol. 396 No. 4
94 Mr. Allen asked the Minister for Industry and Commerce if he is satisfied with the extent to which coal is stamped in relation to state of origin and weight; if he is further satisfied with the practice which exists in many areas of the country where coal is sold in unsealed bags; and if he will make a statement on the matter.
The European Court of Justice has ruled that legislation requiring a declaration of the state of origin of a product on the product or accompanying package, which in this case would be coal sold in either sealed or unsealed bags, would be in breach of the Treaty of Rome.
There is no legislation which requires that coal be packed in sealed bags or that a statement of the net or gross weight be declared on the bag, whether sealed or unsealed.
However, where coal is sold by retail the weights and measures legislation requires that a weighting instrument verified and stamped by an inspector of weights and measures be kept at or near the premises and the seller shall weigh any coal on the stamped weighing instrument if so required by the purchaser or an inspector of weights and measures.
Also it is an offence, under section 39 of the Restrictive Practices Act, 1987, for anyone to sell or offer for sale a quantity less than that which is purported to be sold or offered for sale.
