World Intellectual Property Organization

Barbados

Control of Standards Act, Cap. 326A (consolidated as of 1985)

 

 


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

An Act to provide for the control of standards and the labelling 1981-10. of commodities.

[ 1st September, 19811 Commence-ment.

S.I. 1981 No. 145.

  1. This Act may be cited as the Control of Standards Act. Short title.

  2. In this Act Interpreta-

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;
(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.

  1. The Minister may, for the prevention of danger to life or Pro!.,mion property by order prohibit the possession or use for any purpose ?&~~~~; of a commodity the specification of which has been declared to be of cc?m- an obligatory standard specification, unless the commodity modlty. conforms to the requirements of that standard specification.

  2. If an obligatory standard specification is declared in respect l’ower of of a commodity, the High Court may upon application by the ‘Ourt. Minister order a person who is engaged in the manufacture of the commodity to cease the manufacture after a date specified in the order, if the manufacturer fails to comply with the standard specification.

  3. (1) The Minister may by order prohibit the sale or rrc-,kbition importation of a commodity for sale in Barbados if the $$tzer commodity is proved by the Institution or a laboratory approved tion. by the Institution to be unsafe for use.

  4. Except with the written consent of the Minister, no Restriction individual or body of persons may exercise the functrons for $‘$nof which that individual or body is fortned under a name that words. contains the word “standard” or “standardised” or the words “Barbados Standard” or any abbreviation of these words.

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.

(a)
to the use by any person of any name that was is! !zse in Barbados by that person or any predecessor in 11;. busi- ness of that person on 1st September, 1981;
(b)
to any trade mark registcrcd on 1 st September, 1981.

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

(a)
enter any place where he reasonably believes any commodity in respect of which there is in force an obligatory standard specification, is manufactured, prepared, packaged, stored or kept for export or imported for sale;
(b)
examine commodities and take samples thereof free of any charge, and examine anything that he reasonably believes to be used or to be capable of being used for the manufacture, preparation, processing, packing, storing or keeping of a commodity;
(c)
open and examine any container that he reasonably believes contains any commodity in respect of ,which an obligatory standard specification is in force;
(d)
detain and affix a temporary detention tag to, or issue a detention order in respect of, commodities which he reasonably believes to be in contravention of this Act;

(e) examine any label used on commodities;

v) test any commodity detained by him, or any sample therefrom, or any sample taken by him.

  1. The owner or person in charge of premises that an Duty of inspector has entered pursuant to section 16, and any person ,“JJ:F,Oi employed therein, shall give the inspector such reasonable charge. assistance as he may require, and shall furnish the inspector with such information within his knowledge so as to enable the inspector to carry out his functions under this Act.

  2. The Minister may direct that the owner or person in charge Power of of an establishment who fails to comply with the directions of an Fd$TtE$-inspector cease forthwith the manufacture, preparation, or tion of processing of any prescribed commodity for such period as the fnt~~~$~-re Minister considers necessary; and the owner or person in charge s$‘i’odit., shall comply with the directions.

  3. An inspector must release any commodity detained by him Inspector if he is satisfied that it complies with the obligatory standard &I~~~ specification. commodity.

  4. Where samples of imports are found on examination not Prohibited to comply with the relevant obligatory standard specification, the Imports. imports shall not be admitted for distribution in Barbados.

21. The Minister may make regulations respecting Regulations.

(a)
the declaration of obligatory standard specifications:
(b)
the sale or disposal of goods found to be deleterious to the welfare of the consumer;
(c)
the labelling of commodities;
(d)
the exemption from such requirements of this Act, ~1s he thinks fit;
(e)
the inspection oi‘ specified commodities that are to be exported;

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

(g)
the conduct of inspection, examination of commodities and the taking of samples;
(h)
the forms to be used under this Act;
(i)
generally for giving effect to the purposes of this Act.

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,

(a)
without lawful authority wilfully uses or imitates any detention tag, certificate or order placed on, or issued in relation to an article, or without lawful authority removes, alters, defaces or obliterates, wholly or partially: any detention tag, order or certificate;
(b)
sells, mo ves, or causes or allows to be moved, an article detained under this Act;
(c)
assaults, hinders or obstructs an inspector in the per-formance of his functions;
(d)
fails to comply with any directions of an inspector under section 18;
(e)
bribes an inspector in connection with any matter arising in the performance of his functions;

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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