Trade Descriptions Act

Applies to EnglandApplies to WalesApplies to Scotland

Title: Trade Descriptions Act

Category: England, Wales and Scotland Law

Date: 1968

Reference: * [DTI Guide to the Trades Description Act]

General Description:

The Trade Descriptions Act 1968 came into effect on 30 November 1968. It replaced and expanded the old Merchandise Marks laws dealing with mis-description of goods in general and its particular job is to ensure, as far as possible, that people tell the truth about goods, prices and services.

This Act makes it an offence if a trader

  • Applies a false trade description to any goods. For the purposes of this Act a trade description is an indication as to any one of a number of matters listed in the Act. These include: the quantity, size or gauge of goods; how they were made or processed; what they are made of; when they were made; their fitness for purpose; strength, performance, behaviour or accuracy and any other physical characteristics which they possess including information relating to testing or approvals.
  • Supplies or offers to supply any goods to which a false trade description is applied. The Act covers statements about one or more of a number of listed matters including the provision or services, accommodation or facilities; their nature; the time at which they are provided; how they are provided or who provides them; their examination, approval or evaluation by a person.
  • Makes certain kinds of false statement about the provision of any services, accommodation or facilities.

Local Trading Standards authorities are under a statutory duty to enforce the provisions of this Act and the Act gives them power of entry, inspection and seizure to help them do it.

Pertinence to Agriculture: Trade, Supplies, Suppliers

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