3856 THE NEW ZEALAND GAZETTE No. 164

2. The Board shall have the function of instituting proceedings for alleged offences against the Food Act 1981, the Food Hygiene Regulations 1974, the Food Regulations 1984, the Dietary Supplements Regulations 1985. Where the Board requires the services of counsel with respect to any proceedings so instituted it shall instruct the Crown Solicitor in the area health district to represent the Board in the proceedings.

3. Where, in the view of the Board, offences against any of the Acts or regulations referred to in Part A of the Schedule to this delegation (other than the Food Act 1981, the Food Hygiene Regulations 1974, the Food Regulations 1984, and the Dietary Supplements Regulations 1985) have occurred, the Board shall inform the Department of Health, to enable prosecution of the alleged offender at the instance of an officer of the department to be considered.

Dated at Wellington this 4th day of September 1985.

R. A. BARKER,
Director-General of Health.

55

Price Order No. 320 (Philippine Bananas)

Pursuant to the Commerce Act 1975, I, Timothy Martin Sheppard, pursuant to a delegation from the Secretary of Trade and Industry, hereby make the following price order:

1. This order may be cited as Price Order No. 320 and shall come into force on the 11th day of September 1985.

2. (1) Price Order No. 316* is hereby revoked.
   (2) The revocation of the said order shall not affect the liability of any person for any offence in relation thereto committed before the coming into force of this order.

3. References in this order to metropolitan areas are references to the metropolitan areas described in the Schedule hereto.

APPLICATION OF THIS ORDER

4. This order applies with respect to all Philippine bananas sold by way of retail in New Zealand.

MAXIMUM RETAIL PRICES OF PHILIPPINE BANANAS

5. (1) The maximum price that may be charged or received by any retailer for any Philippine bananas to which this order applies shall be:
   (a) When sold by a retailer carrying on business in any of the metropolitan areas of Auckland, Wellington, Christchurch, or Dunedin, or in any of the Cities or Boroughs of Whangarei, Hamilton, Tauranga, Rotorua, Gisborne, New Plymouth, Stratford, Hawera, Wanganui, Palmerston North, Napier, Hastings, Masterton, Blenheim, Nelson, Greymouth, Timaru, Westport, Oamaru, Balclutha, Gore, Alexandra, or Invercargill—$1.80 a kilogram.
   (b) When sold by a retailer carrying on business elsewhere—$1.82 a kilogram.

   (2) If in respect of any lot of bananas the price calculated in accordance with the foregoing provisions of this clause is not an exact number of cents, the maximum price of the lot shall be computed to the nearest whole cent.

PROVISIONS FOR SPECIAL PRICES

6. Notwithstanding anything to the contrary in the foregoing provisions of this order, and subject to such conditions, if any, as he thinks fit, the Secretary, on application by any retailer, may authorise special maximum prices in respect of any Philippine bananas to which this order applies where special circumstances exist, or for any reason extraordinary charges (freight or otherwise) are incurred by the retailer. Any authority given by the Secretary under this clause may apply in respect to a specified lot or consignment of bananas, or may relate generally to all Philippine bananas to which this order applies sold by the retailer while approval remains in force.

DUTY IMPOSED ON RETAILERS

7. Every retailer who offers or exposes for sale in any shop any Philippine bananas to which this order applies shall keep in a prominent position, in such proximity to the bananas to which it relates as to be obviously in relation thereto, a ticket, placard, or label on which shall be stated in legible and prominent characters the following particulars:
   (a) The retail price a kilogram of the bananas.
   (b) The word “Philippine”.

SCHEDULE

DEFINITION OF METROPOLITAN AREAS:

Dated at Wellington this 4th day of September 1985.

T. M. SHEPPARD,
Acting Director, Commerce Division.

New Zealand Gazette, 15 August 1985, No. 151, page 3535 (T. and I.)

Grant of Plant Selectors’ Rights Notice (No. 3561; Ag. P.V. 3/4)

Pursuant to section 11 of the Plant Varieties Act 1973, notice is hereby given that a grant of Plant Selectors’ Rights has been made by the Registrar of Plant Varieties as specified in the Schedule to this notice.

SCHEDULE

Species: Ryegrass (Lolium perenne L.)

Dated at Lincoln this 29th day of August 1985.

F. W. WHITMORE,
Registrar of Plant Varieties.