The Textile Products (Indications of Fibre Content) Regulations 1986

Citation and commencement

1.—(1) These Regulations may be cited as the Textile Products (Indications of Fibre Content) Regulations 1986.

(2) This Regulation and Regulations 2, 4 and 10 shall come into operation on 1st March 1986.

(3) Regulations 3, 5 to 9 and 11 shall come into operation on 29th May 1987.

Revocations, modifications and transitional provisions

2.  The Textile Products (Indications of Fibre Content) Regulations 1973(1) are hereby further amended by the insertion, after Regulation 2, of the following Regulation—

“2A.   These Regulations shall not apply in relation to the supply or offering to supply of textile products which satisfy the requirements of the Textile Products (Indications of Fibre Content) Regulations 1986, notwithstanding that only Regulations 1, 2, 4 and 10 of those Regulations are in operation”.

3.  The Textile Products (Indications of Fibre Content) Regulations 1973, the Textile Products (Indications of Fibre Content) (Amendment) Regulations 1975 and the Textile Products (Indications of Fibre Content) (Amendment) Regulations 1984 are hereby revoked.

Interpretation and application

4.—(1) In these Regulations—

“the Act of 1968” means the Trade Descriptions Act 1968;

“advertisement” includes a catalogue, a circular, a price list and other trade literature;

“apparent width” means—

(a)

the width of a tube or strip when it is folded, flattened, compressed or twisted; or

(b)

where the width of a tube or strip is not uniform, the average width;

“supply” does not include supply by way of hire;

“textile fibre” means—

(a)

a unit of matter characterised by its flexibility, fineness and high ratio of length to maximum transverse dimension, which render it suitable for textile applications;

(b)

flexible tubes or strips, including strips cut from wider strips or films, which

(i)

have an apparent width which does not exceed 5 millimetres;

(ii)

are produced from the substances used in the manufacture of the fibres referred to by entries 17 to 39 of Part 1 of Schedule 2; and

(iii)

are suitable for textile applications;

“textile products” means—

(a)

raw, semi-worked, worked, semi-manufactured, manufactured, semi-made-up or made-up products which are exclusively composed of textile fibres, regardless of the mixing or assembly process employed;

(b)

products containing not less than 80 per cent. by weight of textile fibres;

(c)

furniture, umbrella and sunshade coverings containing not less than 80 per cent. by weight of textile fibres;

(d)

the textile parts of multi-layer floor-coverings, of mattresses and of camping goods, and the warm linings of footwear, gloves, mittens and mitts if such parts and linings contain not less than 80 per cent. by weight of textile fibres.

(2) Where an article (not falling within the previous provisions of these Regulations) incorporates parts consisting of textile fibres and the parts form an integral part of the article, any such parts shall, if any indication of the fibre content of the article is given in the course of a trade or business in relation to the supply of or offer to supply the article or in an advertisement (to which Regulation 6(1) applies) relating to the article, be treated for the purposes of these Regulations as a textile product.

(3) For the purposes of these Regulations a person exposing textile products for supply or having textile products in his possession for supply shall be deemed to offer to supply those products.

Labelling or marking

5.—(1) Subject to the provisions of these Regulations, any person who in the course of a trade or business supplies or offers to supply in the United Kingdom textile products without complying in relation to that supply or offer with the relevant requirements of these Regulations shall be guilty of an offence.

(2) In the case of any supply of, or any offer to supply, textile products by retail, otherwise than where the supply or offer is made to a government department or local authority, or to any other person who is established by a public general Act of Parliament, an indication of the fibre content of the textile products shall be given by one or more of the following methods, that is to say, by marking or labelling the products or where the products are supplied or offered for supply in packing by marking or labelling the packing:

Provided that in the case of undifferentiated goods (not being goods included in Item 12 of Schedule 5 which are supplied in cut lengths) it shall be sufficient compliance with this Regulation if the requirements are complied with while the goods are offered for supply; and in the case of goods included in Item 12 of Schedule 5 which are supplied in cut lengths the indication of fibre content shall be given by labelling the reel on which the goods are supplied or offered for supply. For the purposes of this proviso,

“undifferentiated goods” are textile products of which any part indistinguishable from any other part may be supplied by physically detaching it from the whole in such a quantity as may be specified by the person to whom it is supplied.

(3) In the case of any supply of, or any offer to supply, textile products other than one to which the requirements contained in paragraph (2) above apply an indication of the fibre content of the textile products shall be given by one or more of the following methods, that is to say, by marking or labelling the products or, where the products are supplied or offered for supply in packing, by marking or labelling the packing or in commercial documents accompanying the products.

(4) Where a textile product consists of two or more components which have different fibre contents the fibre content of each component shall be indicated:

Provided that this paragraph shall not apply in relation to a component which accounts for less than 30 per cent. of the weight of the product, unless that component is a main lining.

(5) Where there are two or more textile products which have the same fibre content and normally form a single unit the indication of fibre content required by this Regulation may be given by a single indication of fibre content.

(6) Where a textile product is a brassiere, corset, corselet or other article of corsetry, the indication of fibre content required by this Regulation may be given by a single indication of the fibre content of the whole product or—

(a) in the case of a brassiere, by separate indications of the fibre content of each of or by a comprehensive indication of the fibre content of all of the following components, namely, the outside and inside fabric of the cups and back; or

(b) in the case of a corset, by separate indications of the fibre content of each of or by a comprehensive indication of the fibre content of all of the following components, namely, the front, rear and side stiffening panels; or

(c) in the case of a corselet, by separate indications of the fibre content of each of or by a comprehensive indication of the fibre content of all of the following components, namely, the outside and inside fabric of the cups, the front and rear stiffening panels and the side panels; or

(d) in the case of any other article of corsetry, by separate indications of the fibre content of each of or by a comprehensive indication of the fibre content of all of the components of the article:

provided that such an indication shall not be compulsory in respect of any component which accounts for less than 10 per cent. of the weight of the product.

(7) Where a textile product includes any etch-printed fabric, the indication of fibre content required by this Regulation may be given by separate indications of the fibre content of the base fabric and of the etched parts, in which case, those components shall be mentioned by name.

(8) Where a textile product includes any embroidered fabric, the indication of fibre content required by this Regulation may be given by separate indications of the fibre content of the base fabric and of the embroidery yarns, in which case, those components shall be mentioned by name:

Provided that where the embroidered parts do not exceed 10 per cent. of the surface area of the product, an indication of the fibre content of the embroidery yarns is not required.

(9) Where a textile product includes any velvet or plush fabric or any fabric resembling velvet or plush and the backing of that fabric is distinct from and does not have the same fibre content as the use-surface, the indication of fibre content required by this Regulation may be given by separate indications of the fibre content of the backing and of the use-surface, in which case, those components shall be mentioned by name.

(10) Where a textile product is a floor-covering or carpet and the backing does not have the same textile fibre content as the use-surface, the indication of fibre content required by this Regulation may be given by a single indication of fibre content of the use-surface, which shall be mentioned by name.

(11) Where a textile product is a yarn which—

(a) has a core and a cover which do not have the same fibre content; and

(b) is supplied or offered for supply as yarn,

the indication of fibre content required by this Regulation may be given by separate indications of the fibre content of the core and of the cover.

(12) In relation to textile products offered for supply or supplied together and specified in Schedule 5, the indication of fibre content required by this Regulation may relate to a number of such products if they are of the same type and composition and if that indication is easily accessible to the person to whom the supply is being made.

6.—(1) In any advertisement intended for retail customers describing textile products with sufficient particularity to enable the products to be ordered by reference only to the description in the advertisement there shall be included an indication of the fibre content of the products.

(2) Any person, who in the course of a trade or business, publishes in the United Kingdom any advertisement to which paragraph (1) applies without complying with the provisions of that paragraph shall be guilty of an offence.

7.  An indication of fibre content shall comply with the provisions of Schedule 1 hereto.

8.  Nothing in Regulations 5 or 6 shall apply in relation to any textile product specified in Schedule 4 unless such a product bears a label or marking giving, or any advertisement relating to such a product includes, any part of the indication of fibre content which would be required to be given or included but for this Regulation, or any trade mark or name of an undertaking which contains on its own, or as an adjective or as a root either a name specified in Column 1 of Schedule 2 or a name which is likely to be taken for a name so specified.

9.  Nothing in these Regulations shall apply in relation to textile products—

(a) which are intended for export from the United Kingdom;

(b) which are imported into the United Kingdom for transit through the United Kingdom under the control of the Commissioners of Customs and Excise;

(c) which are imported into the United Kingdom for the purposes of re-export after processing;

(d) in respect of a supply to or from outworkers or other persons who are to carry out or who have carried out work on the products on commission.

10.  An indication of the fibre content of any textile product which satisfies the requirements of these Regulations shall be deemed not to be a trade description for the purposes of the Act of 1968.

11.—(1) The following provisions of the Act of 1968 shall (with necessary modifications) apply in relation to an offence under these Regulations as they apply in relation to an offence under that Act (modified where appropriate in relation to Northern Ireland by section 40(1) of that Act), that is to say sections 18, 19, 20, 23, 24 and 25.

(2) The following provisions of the Act of 1968 shall (with necessary modifications) apply in relation to the enforcement of these Regulations as they apply in relation to the enforcement of that Act (modified where appropriate in relation to Northern Ireland as aforesaid), that is to say sections 26, 27, 28, 29 and 30(1).

(3) Section 33 (modified in relation to Northern Ireland as aforesaid) of the Act of 1968 shall apply in relation to compensation for goods seized and detained under these Regulations as it applies in relation to compensation for goods seized and detained under that Act.

Peter Morrison

Minister of State for Industry

Department of Trade and Industry

13th January 1986