Trade Description Act (CAP. 82:04).
Country
Type of law
Legislation
Abstract
This Act lays down provisions on the prohibition of false trade descriptions; trade description with respect to any goods or parts of goods; application of trade description; trade descriptions used in advertisements; orders for definition and marking; information, etc., to be given in advertisements; false or misleading indications as to price of goods; false representations as to supply of goods and services; false or misleading statements as to services, etc; prohibition of importation of goods bearing false indication or origin; offences and penalties; powers of the authorized officers to make test purchases and enter premises and inspect and seize goods and documents; goods liable to forfeiture and their disposal; compensation for loss, etc., of goods seized; trade marks containing trade descriptions; and market research experiment for the purpose of ascertaining the opinion of participants.
Article 4(2) underlines that a trade description shall include sex, breed or cross, fertility and soundness in relation to any animal, and the identity and characteristics of the animal from which it was taken and measure of dilution in relation to any semen. This Act states that the provisions made under the Food and Drugs Act prohibiting the application of a description except to goods in the case of which the requirements specified in this Act are complied with, that description, when applied to such goods, shall be deemed not to be a trade description. Regarding the offences and penalties, in case an act or omission constitutes both an offence under this Act and an offence under the Food and Drugs Act, evidence relating to sampling under the Food and Drugs Act shall not be admissible in proceedings for the offence under this Act.
Article 4(2) underlines that a trade description shall include sex, breed or cross, fertility and soundness in relation to any animal, and the identity and characteristics of the animal from which it was taken and measure of dilution in relation to any semen. This Act states that the provisions made under the Food and Drugs Act prohibiting the application of a description except to goods in the case of which the requirements specified in this Act are complied with, that description, when applied to such goods, shall be deemed not to be a trade description. Regarding the offences and penalties, in case an act or omission constitutes both an offence under this Act and an offence under the Food and Drugs Act, evidence relating to sampling under the Food and Drugs Act shall not be admissible in proceedings for the offence under this Act.
Attached files
Web site
Long title of text
An Act to replace the Merchandise Marks Act.
Date of text
Entry into force notes
This Act enters into force in 1986 even though it is inconsistent with sections 4 and 5 of the Constitution.
Notes
This is an unofficial updated version of the Act to 31 December 2016.
Repealed
No
Source language
English
Legislation Amendment
No