Merchandise Marks Act 17 Of 1941 General Notice 1831 of 2006 (Country of Origin Labeling )

Presenter Bulelwa Hewu Office of Consumer Protection Department of Trade and Industry Tel No Fax No Cell No

Legislative authority Merchandise Marks Act No 17 of 1941 (Sections 10 and 11) General Notice 1831 of 2006 (14 December 2006) Code of practice – Care-labelling of textiles and clothing (SABS 011) Code of practice – Fibre-content labelling of textiles and textile products (SABS 0235) Customs and Excise Act (Section 113 (8))

What is labelling about? Import restriction Applicable to South Africa only Linked to an information campaign To inform consumers about the products they buy To make an informed decision when buying the product Promote the buying of local goods ( Labelling will also apply to locally manufactured products, including products made from imported fabrics.)

What is covered by labelling? Country of origin (Where does the product come from?) Care-labelling (How to care for the product after you have bought it?) Fibre-content labelling (What materials / fibres are the product made of?) Reconditioned, rebuilt or remade (Is this a used product that have been reworked?)

Tariff coverage in the Harmonized Systems Textiles – Chapters 50 to 60 and 63 Clothing – Chapters 61, 62 and 65 Shoes and leather goods – Chapters 42, 43 and 64 (i.e. Chapters 42, 43 and 50 to 65)

Notice 1831 of 2006 Section 3 – subject to the laws governing the public service, the Minister may appoint such officers as he or she may deem necessary for carrying out the provisions of this Act. The Notice is in terms of sections 10 and 11 of the Merchandise Marks Act 17 of Requirements: The notice prohibits the importation and or sale of goods specified in the schedule, irrespective of whether the goods were made in South Africa unless: The product states the country of origin.

Notice cont That a locally manufactured product using imported materials must state made in South Africa from imported materials. They conform to the South African national standards for fibre content and care labeling in accordance with Notice 2410 of There shall, if after they have been reconditioned, rebuilt or remade whether in the Republic or elsewhere, be applied to them in a conspicuous and easily legible manner, the words stating clearly that they have been reconditioned, rebuilt or remade, as the case may be.

Exclusions / exemptions / application Exclusions –Imported goods cleared prior to 14 April 2007 –Goods cleared ex-warehouse from 14 April 2007 –Cleared for warehousing for export (WE) –Cleared in transit to destination in BLNS country and outside SACU (RIT) –Cleared for temporary importation Exemptions –There will be no exemptions from labelling requirements

Exclusions / exemptions / application Application –Will apply to new and second-hand goods for domestic sale –Re-imported goods for domestic sale –Locally manufactured goods

Responsibility  The DTI  Be responsible for the enforcement of the Merchandise Marks Act (Apply discretion)  Inspectors appointed by the DTI will be responsible to verify compliance in the domestic market

Responsibility  SARS Customs  While goods are under customs control, i.e. at the time of first clearance and goods cleared from storage warehouses  Verify, detect, detain, notify and act on instructions from the DTI  Dispose of goods as directed

How must labels be applied to goods? In respect of country of origin: Directly on the fabric, i.e. printed on the goods On a label securely attached, i.e. sewn-in label on the goods In respect of fibre content On packing or on a label attached to the packing On a non-permanent label attached to the goods, i.e. a swing or adhesive label A note contained in or on a document accompanying the goods, i.e. brochure, pamphlet, etc. Sets need only have a label on one item provided it is of the same fibre-content

Labels One giving brand name/ manufacturer, the size, the country of origin and the fibre-content The other giving the care instructions Could also be any combination

Country of origin Made in South Africa Produced in South Africa Manufactured in South Africa South Africa

Examples of where labels can be found Pants Sewn on the back pocket sleeve on the inside Jackets Sewn in the inside of the right hand pocket Shoes Sewn under the tongue, printed / sewn on the inner side wall Underpants / panties At the back in the centre on the ribbing Shirts Sewn into the inside of the side seam

Penalties and Fines Non-compliance with the Notice is a criminal offence and any person found guilty of an offence in terms of the Act, except section 5, shall be liable to: in the case of a first conviction to a fine not exceeding R5 000 for each article to which the offence relates, or imprisonment for a period not exceeding three years or to both a fine and imprisonment; in the case of repeat offenders to a fine not exceeding R for each article to which the offence relates, or to imprisonment for a period not exceeding five years or to both the fine and imprisonment.

Penalties and Fines Any person convicted of an offence in terms of section 5 shall be liable to a fine or to imprisonment for a period not exceeding six months. The court may in addition to any penalty, which it may impose, order the confiscation of all or any part of the goods of which the offence was committed, and such goods shall be disposed of in a manner prescribed by the Minister.

Contact Details Non-compliance with the Notice must be reported to Sipho Tleane at: Tel No , Fax No , Cell No or mail to or Jerry Modiba at : Tel No , Fax No , Cell No , or to Enquiries regarding compliance with the legislation can be forwarded to the Compliance Unit at Tel No , Fax No , Cell No or to:

Contact Details The Office of Consumer Protector can be contacted through dti Costumer Contact Center at: Phone: Fax No: Or write to: The dti Consumer Complaints Consumer and Corporate Regulation Division Private Bag X84 PRETORIA 0001