Prohibition of false trade descriptions

1 Prohibition of false trade descriptions.

1

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Sections 2 to 4 shall have effect for the interpretation of expressions used in this Act F2

2Trade description.

1

A trade description is an indication, direct or indirect, and by whatever means given, of any of the following matters with respect to any goods or parts of goods, that is to say—

a

quantity, size or gauge;

b

method of manufacture, production, processing or reconditioning;

c

composition;

d

fitness for purpose, strength, performance, behaviour or accuracy;

e

any physical characteristics not included in the preceding paragraphs;

f

testing by any person and results thereof;

g

approval by any person or conformity with a type approved by any person;

h

place or date of manufacture, production, processing or reconditioning;

i

person by whom manufactured, produced, processed or reconditioned;

j

other history, including previous ownership or use.

2

The matters specified in subsection (1) of this section shall be taken—

a

in relation to any animal, to include sex, breed or cross, fertility and soundness;

b

in relation to any semen, to include the identity and characteristics of the animal from which it was taken and measure of dilution.

3

In this section “quantity” includes length, width, height, area, volume, capacity, weight and number.

4

Notwithstanding anything in the preceding provisions of this section, the following shall be deemed not to be trade descriptions, that is to say, any description or mark applied in pursuance of—

F3a

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c

the M1Plant Varieties and Seeds Act 1964;

d

the M2Agriculture and Horticulture Act 1964 F4or any Community grading rules within the meaning of Part III of that Act;

e

the M3Seeds Act (Northern Ireland) 1965;

f

the M4Horticulture Act (Northern Ireland) 1966;

F5g

The Consumer Protection Act 1987;

F6h

the Plant Varieties Act 1997;

F7any statement made in respect of, or mark applied to, any material in pursuance of Part IV of the M5Agriculture Act 1970, any name or expression to which a meaning has been assigned under section 70 of that Act when applied to any material in the circumstances specified in that section . . . F8 any mark prescribed by a system of classification compiled under section 5 of the M6Agriculture Act 1967 F9and any designation, mark or description applied in pursuance of a scheme brought into force under section 6(1) or an order made under section 25(1) of the Agriculture Act 1970

C15

Notwithstanding anything in the preceding provisions of this section,

F10a

where provision is made under F11the Food Safety Act 1990 or the F12Food Safety (Northern Ireland) Order 1991F13or the Consumer Protection Act 1987 prohibiting the application of a description except to goods in the case of which the requirements specified in that provision are complied with, that description, when applied to such goods, shall be deemed not to be a trade description.

F14b

where by virtue of any provision F18of Chapter 1 of Part 13 of the Human Medicines Regulations 2012 anything which, in accordance with this Act, constitutes the application of a trade description to goods is subject to any requirements or restrictions imposed by that provision, any particular description specified in that provision, when applied to goods in circumstances to which those requirements or restrictions are applicable, shall be deemed not to be a trade description.

F15c

where any description of a veterinary medicinal product is required to be applied to the product by an authorisation for the product granted under the Veterinary Medicines Regulations 2006, that description, when applied to the product, shall be deemed not to be a trade description. F15

3False trade description.

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A false trade description is a trade description which is false to a material degree.

2

A trade description which, though not false, is misleading, that is to say, likely to be taken for such an indication of any of the matters specified in section 2 of this Act as would be false to a material degree, shall be deemed to be a false trade description.

3

Anything which, though not a trade description, is likely to be taken for an indication of any of those matters and, as such an indication, would be false to a material degree, shall be deemed to be a false trade description.

4

A false indication, or anything likely to be taken as an indication which would be false, that any goods comply with a standard specified or recognised by any person or implied by the approval of any person shall be deemed to be a false trade description, if there is no such person or no standard so specified, recognised or implied.

4 Applying a trade description to goods. C3

1

A person applies a trade description to goods if he—

a

affixes or annexes it to or in any manner marks it on or incorporates it with—

i

the goods themselves, or

ii

anything in, on or with which the goods are supplied; or

b

places the goods in, on or with anything which the trade description has been affixed or annexed to, marked on or incorporated with, or places any such thing with the goods; or

c

uses the trade description in any manner likely to be taken as referring to the goods.

2

An oral statement may amount to the use of a trade description.

3

Where goods are supplied in pursuance of a request in which a trade description is used and the circumstances are such as to make it reasonable to infer that the goods are supplied as goods corresponding to that trade description, the person supplying the goods shall be deemed to have applied that trade description to the goods.

5 Trade descriptions used in advertisements.

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6 Offer to supply.

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