SBCTION
CHAPTER 326A
CONTROL OF STANDARDS
ARRANGEMENT OF SECTIONS
Short title.
Interpretation.
Obligatory standard specification.
Prohibition of production, sale etc. of commodity.
Prohibition of possession or use of commodity.
Power of Court.
Prohibition of sale or importation. Restriction of use of certain words.
Power of registering authority. Registration of trademarks.
Exemptions. Labelling of commodities.
Prohibition of sale, importation etc. of pre-packaged products. Commodities for export. Appointment of inspectors.
Powers of inspectors.
Duty of owner or person in charge.
Power of Minister to order cessation of manufacture etc. of pre-
scribed commodity. Inspector to release detained commodity. Prohibited imports. Regulations. Offences. Expenses.
THE LAW.3 OF BARBADOS Rlntad by the Government PrIntln( Department, Bay Street. St. Michad. by thr whodty of Utr Govnnmcnt of hrbwdoc
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CHAPTER 326A
CONTROL OF STANDARDS
[ 1st September, 19811 Commence-ment.
S.I. 1981 No. 145.
tion. “Barbados National Standard” means a standard established and published by the Barbados National Standards Insti-tution, in relation to any article or process, indicative of the quality of, and speciftcations for, that article or process, and includes a standard established by any other standards body that is recognised by the Barbados National Standards Institution; “label” means any tag, brand, mark, pictorial or other descriptive matter, written, printed, stencilled, marked, embossed on, or attached to the commodity;
“obligatory standard speciftcation” means a standard speci-fication that has been so declared by the Minister;
“pre-packaged product” means any product that is packaged in a container in such a manner that it is ordinarily sold to, or used or purchased by, a consumer without being repackaged;
“sell” includes offer for sale, export, or have in possession for sale or export;
“specification” means a description of a commodity, process or practice by reference to its nature, quality, strength,
THE LAWS OF BARBADOS
Rimed by the Government Rlntlng Department. Bay Street, St. Mlchrel. by the l of of Bsrbsdos
thorlty the Government
S&3-4 CAP. 326A Control of Standards L.R.O. 1985 4
purity, composition, quantity, dimensions, weight, grade, durability, origin, age and other characteristics, and includes a specification relating to the labelling of any commodity, process or practice in relation to the information to be included in the labelling, together with style, manner, size, material, colour, position or other characteristics of the labelling;
“standard specification” means a specification that has been
issued as a standard by the Barbados National Standards
Institution.
C)&,$.d.dYY 3. (1) For the purposes of this Act, a standard specification may either be obligatory or optional.
specifka-tion.
(2) The Minister may by order declare a standard specification to be obligatory if it is intended primarily
(a) | to protect | the | consumer | against | danger | to health | or safety; | |||||||||||||||||||||||||||||
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(b) | to ensure | quality | in commodities | produced | for | consump- | ||||||||||||||||||||||||||||||
tion | in Barbados | or | for export; | |||||||||||||||||||||||||||||||||
(c) | to protect | the | economy | of Barbados; | ||||||||||||||||||||||||||||||||
(d) | to | prevent | fraud | or | deception | arising | from | misleading | ||||||||||||||||||||||||||||
advertising | or | labelling; | or | |||||||||||||||||||||||||||||||||
(e) | to | require | adequate | information | to | be | given | to | the | |||||||||||||||||||||||||||
consumer. | ||||||||||||||||||||||||||||||||||||
(3) | Before | making | an order | under | subsection | (2), the Minister |
must give at least 30 days notice published in the Official Gazette and in a daily newspaper published in Barbados, of his intention to make the order, and the notice must contain the date on which it is intended that the obligatory standard specification will take effect.
Prohibition 4. No person shall produce, sell, import, export or use in a of produc-
commodity, a specification that has been declared to be an
tion, sale etc. of obligatory standard specification, or carry out work the technical
commodity.
rules or the processes of which are so declared, unless the commodity or the process involved in the work conforms to the reauirements of the oblieatorv standard suecifrcation.
9. Where an Act provides for the registration of any individual
PO~W g
or body of persons, the registering authority tnay refuse z$tEFYf registration if in its opinion the use of the name by which the individual or body desires to be registered is prohibited by section
8.
10. Except with the written c,msent of the Minister, no trade Registration mark that contains the word “standard” or “standardised” may pnfa~~~~-be registered under the Trade Marks Act. Cap. 319.
11. Sections 8 to 10 do not apply ! .\cn Iptions.
THE LAWS CIt BARBADOS
Printed by the Government Printing Department. Bay Street. St, MI ICI.
by the authority of the Covcrnmcnr of Barbadar
ss.12-16 CAP. 326A Control of Standards L.R.O. 1985 6
Labelling 12. No person shall label commodities contrary to the
of com-
Barbados National Standard.
modities.
Prohibition 13. No person shall sell, import or advertise any pre-packaged
of sale! im-
product unless the product has applied to it a label conforming to ~~~~~e-the Barbados National Standard.
packaged
products.
Commodi-14. (1) For the purpose of protecting Barbados’ reputation in
ties for
the export market, the Minister may by order declare that a
export. specified commodity may be exported only if it conforms to the
relevant standard of that commodity.
(2) No person shall sell for export from Barbados a commodity unless that commodity conforms to the specified standard.
Appoint-15. (1) The Minister may appoint persons to be inspectors for ment of
carrying out the purposes of this Act.
inspectors.
(2) The inspectors are entitled to such remuneration as the Minister determines.
Powers of 16. An inspector may, at reasonable times, and on production inspectors.
of a certificate of appointment
(e) examine any label used on commodities;
v) test any commodity detained by him, or any sample therefrom, or any sample taken by him.
21. The Minister may make regulations respecting Regulations.
v> the manufacture, sale, importation or exportation of goods for which an obligatory standard specification 11;:~ been declared;
THE LAWS OF BARBADOS Prtntcd by the Government Prlntlng Department. Bay Slrcct, St, Mlch~el,
by the ruthorlry of the Government of Barbada,
~22-23 CAP. 326A Control of Standards L.R.O. 1985 8
Offences. 22. (1) A person who produces, imports, sells or exports a commodity that does not conform to an obligatory standard specification is guilty of an offence and liable on summary conviction to a fine of $5000, or imprisonment for 2 years.
(2) A person is guilty of an offence and liable on summary conviction to a fine of $2 500 or imprisonment for 1 year who,
v) being an inspector, accepts any bribe in connection with any matter arising in the performance of his functions.
(3) A person who fails to comply with section 17 is guilty of an offence and liable on summary conviction to a fine of $1000 or to imprisonment for 6 months.
Expenses. 23. All expenses incurred in the administration of this Act are to be defrayed out of moneys voted for the purpose by Parliament.
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