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Public Health (Alcohol) 2015

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Postby TheBeerNut » Tue Feb 10, 2015 4:22 pm

Tasters are products for sale. If you can buy it, it is for sale. The purpose of that clause is to say you don't need the standardised label on stuff you are exporting.
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Postby phoenix » Tue Feb 10, 2015 4:27 pm

TheBeerNut wrote:Tasters are products for sale. If you can buy it, it is for sale. The purpose of that clause is to say you don't need the standardised label on stuff you are exporting.

Good point on tasters. Thats tours with free tasters out. Presumably it will be very difficult to run any beer or wine education courses here either then.

Homebrew is not for sale though.
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Postby TheBeerNut » Tue Feb 10, 2015 4:31 pm

Yep, point taken on that. But that the clause is specifically in the labelling section would bother me a bit. You can also argue, of course, that the licensee hosting a homebrew meet is not supplying the drink.
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Postby phoenix » Tue Feb 10, 2015 4:34 pm

Its weird that it only appears in the labeling section yeah.
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Postby Tube » Tue Feb 10, 2015 5:19 pm

I think proper legal advice is the way to go. I'm not an expert either but I don't agree with some of the interpretations I see on this thread already.
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Postby CDow » Tue Feb 10, 2015 5:28 pm

TheBeerNut wrote:Tasters are products for sale. If you can buy it, it is for sale. The purpose of that clause is to say you don't need the standardised label on stuff you are exporting.


Not so. A product on a shelf, on display etc is merely an invitation to treat. The sale takes place if / when I accept your payment. I can refuse your payment if I choose not to do business with you.

http://www.e-lawresources.co.uk/Pharmac ... -Boots.php
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Postby TheBeerNut » Tue Feb 10, 2015 5:31 pm

Why are you giving out samples of something you're not planning to sell me?
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Postby phoenix » Tue Feb 10, 2015 5:31 pm

CDow wrote:
TheBeerNut wrote:Tasters are products for sale. If you can buy it, it is for sale. The purpose of that clause is to say you don't need the standardised label on stuff you are exporting.


Not so. A product on a shelf, on display etc is merely an invitation to treat. The sale takes place if / when I accept your payment. I can refuse your payment if I choose not to do business with you.

http://www.e-lawresources.co.uk/Pharmac ... -Boots.php

Hmmm.

The legislation says minimum pricing applies to alcohol products for sale in Ireland. It would seem logical to assume that you therefore cannot give same alcohol products away for free (e.g. lower than the minimum allowed price), no?
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Postby sbillings » Tue Feb 10, 2015 5:50 pm

Tube wrote:I think proper legal advice is the way to go.


+1

Do you think Oliver Hughes could be persuaded to cast his eye over it with our concerns in mind?
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Postby TheBeerNut » Tue Feb 10, 2015 5:53 pm

Guys, this isn't law so legal advice isn't appropriate. It's government intention: the people to ask are the Department of Health officials who wrote it.
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Postby Saruman » Tue Feb 10, 2015 5:57 pm

We are talking about the same shower responsible for the complete shambles that is Irish Water here. Legislate first and worry about the consequences when you are no longer in power seems to be the order of business here.
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Postby Tube » Tue Feb 10, 2015 6:00 pm

TheBeerNut wrote:Guys, this isn't law so legal advice isn't appropriate. It's government intention: the people to ask are the Department of Health officials who wrote it.

We're trying to interpret something that will possibly form the basis for new legislation. I also think some of the interpretations are not right.. "For sale" doesn't mean something you can buy somewhere else some other time. My belief is "For sale" (in this context) means here and now only. But these are the type of things that are already in law and we need to find out which is correct.
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Postby phoenix » Tue Feb 10, 2015 6:24 pm

Any time 'For sale' appears in the heads - 'For sale in the state', 'For sale within Ireland' it is almost certainly meant in the general sense, not 'Here and now'
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Postby TheBeerNut » Tue Feb 10, 2015 6:27 pm

Should we maybe agree to disagree on the meaning of "for sale", for now?
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Postby Tube » Tue Feb 10, 2015 7:08 pm

Or seek a definitive meaning? :idea:
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