(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—
(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1
(b)section 2 of the M1Agricultural Produce (Grading and Marking) Act 1928 (as amended by the M2Agricultural Produce (Grading and Marking) Amendment Act 1931) or any corresponding enactment of the Parliament of Northern Ireland;
(c)the M3Plant Varieties and Seeds Act 1964;
(d)the M4Agriculture and Horticulture Act 1964 [F2or any Community grading rules within the meaning of Part III of that Act];
(e)the M5Seeds Act (Northern Ireland) 1965;
(f)the M6Horticulture Act (Northern Ireland) 1966;
[F3(g)The Consumer Protection Act 1987;]
[F4any statement made in respect of, or mark applied to, any material in pursuance of Part IV of the M7Agriculture 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] . . . F5 any mark prescribed by a system of classification compiled under section 5 of the M8Agriculture Act 1967 [F6and 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]
(5)Notwithstanding anything in the preceding provisions of this section,
[F7 (a)] where provision is made under [F8the [F9Food Act M91984], the Food and Drugs (Scotland) Act M101956][F8the Food Safety Act 1990]or the Food [F10(Northern Ireland) Order 1989][F11or 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.
[F12(b) where by virtue of any provision made under Part V of the Medicines Act 1968 (or made under any provisions of the said Part V as applied by an order made under section 104 or section 105 of that Act) 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.]
Textual Amendments
F1S. 2(4)(a) repealed by European Communities Act 1972 (c. 68), s. 4, Sch. 3 Pt. III
F2Words inserted by European Communities Act 1972 (c. 68), s. 4, Sch. 4 para. 4(2)
F3S. 2(4)(g) inserted by Consumer Safety Act 1978 (c. 38), s. 7(8) and as substituted by Consumer Protection Act 1987 (c. 43, SIF 109:1), s. 48(1), Sch. 4 para. 2(1)(a)
F4Words substituted (1.1.1974) by Agriculture Act 1970 (c. 40), s. 87(3)
F5Word repealed by Agriculture Act 1970 (c. 40), s. 6(4), Sch. 5 Pt. V
F6Words added by Agriculture Act 1970 (c. 40), s, 6(4)
F7Word "(a)" inserted by Medicines Act 1968 (c. 67, SIF 84), s. 135(1), Sch. 5 para. 16
F8Words “the Food Safety Act 1990” substituted (E.W.S.) for the words from “the Food Act” to “1956” by Food Safety Act 1990 (c. 16, SIF 53:1, 2), s. 59(1), Sch. 3 para. 6
F9Words substituted by Food Act 1984 (c. 30, SIF 53:1), s. 134, Sch. 10 para. 11
F10Words substituted by S.I. 1989/846 (N.I. 6), art. 76(1), Sch. 3 para. 9
F11Words substituted by Consumer Protection Act 1987 (c. 43, SIF 109:1), s. 48(1), Sch. 4 para. 2(1)(b) for words inserted by Consumer Safety Act 1978 (c.38, SIF 109:1), s. 7(8)
F12Para. (b) inserted by Medicines Act 1968 (c. 67, SIF 84), s. 135(1), Sch. 5 para. 16
Modifications etc. (not altering text)
C1S. 2(5) amended (14.2.1989) by Medicines Act 1968 (c. 67), s. 135(1), Sch. 5 para. 16
Marginal Citations