Consumer Protection (Trade Descriptions and Safety Requirements) Act

(Original Enactment: Act 18 of 1975)

(31st October 2013)
An Act to make provisions prohibiting misdescriptions of goods supplied in the course of trade; to confer power to prescribe requirements relating to informative marking and advertisement of goods and to their safe composition, construction or design, and for purposes connected therewith.
[1st August 1975]
Short title
1.  This Act may be cited as the Consumer Protection (Trade Descriptions and Safety Requirements) Act.
2.—(1)  In this Act, unless the context otherwise requires —
“advertisement” includes a catalogue, a circular and a price list;
“Director” means the Director of Consumer Protection appointed under section 3;
“goods” includes ships, aircraft, vehicles, animals, plants and all kinds of movable property;
“premises” includes any place, stall, ship, aircraft or vehicle;
“supply”, with its grammatical variations and cognate expressions, includes offer to supply or having goods in possession for the purpose of supply;
“trade description” means any description, statement or indication which, directly or indirectly and by whatever means given, relates to any of the following matters:
(a)quantity, length, width, height, area, volume, capacity or weight of any goods;
(b)method of manufacture, production, processing or reconditioning of any goods;
(c)composition of any goods;
(d)fitness for purpose (including expiry date), strength, performance, behaviour or accuracy of any goods;
(e)degree of fineness of gold and silver goods;
(f)physical characteristics of any goods not included in paragraphs (a) to (e);
(g)testing of any goods by any person and the results thereof;
(h)approval of any goods by any person or their conformity with a type approved by any person;
(i)place or date of manufacture, production, processing or reconditioning of any goods;
(j)person by whom any goods are manufactured, produced, processed or reconditioned;
(k)other history, including previous ownership or use, of any goods.
(2)  Where any trade description is subject to the provisions of the written laws specified in the Schedule, the provisions of this Act shall not have effect in relation to any such description which is applied in accordance with the requirements of that written law; and the Minister may, by order published in the Gazette, amend the Schedule.
(3)  For the purposes of this Act, a trade description published in any newspaper, book or periodical or in any film or sound or television broadcast shall not be deemed to be a trade description applied in the course of a trade or business unless it is or forms part of an advertisement.
Appointment of Director of Consumer Protection and other officers
3.—(1)  The Minister may appoint a Director of Consumer Protection, a Deputy Director of Consumer Protection, and such number of Assistant Directors of Consumer Protection and other officers as he may consider necessary or expedient for the purposes of this Act.
(2)  The powers and duties of the Director under this Act may be exercised and discharged by the Deputy Director or an Assistant Director of Consumer Protection.