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Enforcement of the notice on country of origin labelling
7 May 2008
It is a year since the promulgation of the notice on country of origin labelling in terms of the Merchandise Marks Act 17 of 1941. The notice came into effect in April 2007. The first 12 months were to be used for an educational drive to inform and educate businesses about the importance of complying with the notice.
During this period, contravening stakeholders were not punished; instead information on how to comply was furnished. Businesses need to be aware that the 12 month grace period has come to an end, and it is now compulsory for them to comply with the notice.
As from 15 April 2008, the Department of Trade and Industry (the dti) and the South African Revenue Services (SARS) will randomly detain consignments to conduct inspections. Goods that do not comply with the country of origin labelling will be seized and prosecution will ensue.
The notice requires that a label indicating the country of origin should be attached on clothing, textiles and leather goods, whether imported or made in the country. The label should indicate how to care for the goods (care labelling), as well as fibre content. This information is meant to empower the consumer to make an informed decision when buying any of the categorised goods.
Retailers have an obligation to ensure that when selling or importing goods into South Africa, the merchandise or goods have a label indicating the country of origin sewn, printed, or securely attached on them. The label should be written in English and display one of the following on it: product is made in, produced in; or manufactured in; or just the name of the country from which the goods originate.
Any contravention of the Minister's order is a criminal offence, punishable by a fine not exceeding R5 000 or imprisonment for a period not exceeding three years, or both, for each article to which the offence relates.
Members of the public can contact Aubrey Mathope in the Office of Consumer Protection of the Department of Trade and Industry on:
Tel: 012 394 1553
Cell: 073 348 8194
E-mail: aubreyma@thedti.gov.za
Write to: Consumer and Corporate Regulation Division, the dti Private Bag X84 Pretoria
0001
Issued by: Department of Trade and Industry
7 May 2008