(Imported Goods). A BILL ΤΟ Require an indication of origin to be given in the A.D. 1926. case of certain imported goods. E it enacted by the King's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, 5 as follows: name or trade facturer or 1. It shall not be lawful to sell, expose for sale, Imported or distribute by way of advertisement, in the United goods bearing Kingdom, any goods which bear any name or trade mark mark of being, or purporting to be, the name or trade mark British manu10 of any manufacturer, dealer or trader in the United trader not to Kingdom, not being goods produced or wholly or mainly manufactured therein, unless the name or trade mark is accompanied by an indication of origin. be sold unless accompanied by indication of origin. origin in 2.--(1) Where the appropriate department within Power to 15 the meaning of this Act, after an enquiry has been held require inby a committee appointed for the purposes of this dication of Act (in this Act referred to as "a committee ") and the case of the report of the committee on the matter has been certain taken into consideration by the department, is satisfied imported 20 that it is in the interest of trade in the United Kingdom goods. or of trade between the United Kingdom and any other part of His Majesty's Dominions, that imported goods of any class or description to be used or consumed in the United Kingdom should not be sold unless they bear 25 an indication of origin, His Majesty in Council may, on a representation to that effect being made to him by the (Imported Goods). A.D. 1926. department and subject to the provisions of this Act, make an Order prohibiting the sale, or the exposure for sale in the United Kingdom, of imported goods of that class or description unless they bear an indication of origin. 5 (2) If it appears to a committee to be desirable that any imported goods being foodstuffs should bear an indication of origin at the time of importation, and the committee so reports to the appropriate department, His Majesty may by Order in Council under this section 10 (without prejudice to his powers under the preceding subsection) make provision accordingly, and if any such goods required by any such Order to bear an indication of origin at the time of importation do not at that time bear such an indication they shall be deemed to 15 be goods which are prohibited to be imported by virtue of section sixteen of the principal Act: Provided that nothing in the foregoing provision shall be taken to be in derogation of anything contained in the said section sixteen. 20 (3) If it appears to a committee that imported goods of any class or description to be used in the United Kingdom ought not to be sold unless distinguished from similar goods manufactured in the United Kingdom but that by reason of the nature of the goods it is not 25 practically possible to apply either at all or effectively an indication of origin to those goods, and the committee so reports to the appropriate department, His Majesty may by Order in Council under this section provide that imported goods of that class or description shall not be sold, 30 or exposed for sale, in the United Kingdom, unless they are distinguished from similar goods manufactured in the United Kingdom by some form of distinctive colouring or other variation in their make-up, which shall be different in the case of goods manufactured or pro- 35 duced in a foreign country and in the case of goods manufactured or produced in a part of His Majesty's Dominions outside the United Kingdom. (4) A committee shall, from time to time, and as soon as may be practicable in each case, make reports 40 to the appropriate department specifying the classes or descriptions of goods, if any, with respect to which, in the opinion of the committee, an Order in Council ought to be made under this section, and the committee (Imported Goods). may, if it thinks it desirable, and shall if so required by the A.D. 1926. appropriate department, recommend in what form and manner the indication of origin should be applied to the goods, or, in the case of goods to which the last preceding 5 subsection applies, the means by which the goods are to be made distinguishable. 10 15 (5) An Order in Council under this section shall specify in every case (a) the manner in which the indication of origin is (b) the date (not being a date earlier than three and also, if it relates to goods being foodstuffs, whether the goods are to bear an indication of origin at the 20 time of importation or of exposure for sale wholesale, and any such Order may contain such other provisions as appear to His Majesty to be necessary or expedient for carrying this section into effect. 3.-(1) For the purposes of this Act, there shall Constitu25 be two standing committees, of which one (in this Act tion of referred to as "the agricultural produce committee ") committees. shall be charged with enquiries relating to agricultural and horticultural produce and the produce of any fishing industry, and the other with enquiries relating to goods. 30 of any other kind. 35 40 (2) Each committee shall, subject to the provisions of this subsection, consist of not less than three and not more than five persons, and shall be appointed by the appropriate department. (3) The members of a committee shall hold office for such period as the department by which the committee is appointed thinks fit, and the department may from time to time fill any vacancies occurring in the membership of the committee. (4) There shall be paid to the members of a committee such fees or other remuneration as the appropriate department, with the consent of the Treasury, may A.D. 1926. Offences. (Imported Goods). 4.-(1) If any person (a) sells, exposes for sale, or distributes by way of advertisement, any goods in contravention of the provisions of this Act; or (b) acts in contravention of or fails to comply with 5 any Order in Council made under this Act; he shall, subject to the provisions of this section, be guilty of an offence against the principal Act: Provided that in the case of the sale wholesale by a person being a wholesale dealer of any goods, other 10 than goods being foodstuffs which by virtue of an Order in Council made under this Act are required to bear an indication of origin at the time of importation or of exposure for sale wholesale, it shall be a good defence to proceedings under this subsection if that person satisfies 15 the court that the goods were sold to the purchaser on an undertaking in writing that they would either have an indication of origin applied to them in accordance with the requirements of this Act or any Order in Council made thereunder or would be exported or sold for exporta- 20 tion to a place outside the United Kingdom, and any such undertaking in writing if it purports to be signed by the purchaser and specifies the usual business address of the purchaser shall be admissible as evidence of the facts appearing therein. 25 (2) If any person advertises or offers for sale as being goods of a particular brand or make or otherwise under a specific designation any imported goods of a class or description to which an Order in Council under this Act applies, he shall, if he does not include in the 30 advertisement or offer an indication of the origin of the goods, and subject to the provisions of this section, be guilty of an offence against the principal Act. (3) Where any person sells, or exposes for sale, any goods of which any imported goods, being goods 35 to which an Order in Council under this Act applies, form a distinguishable part, and that part is reasonably capable of having applied to it an indication of origin in manner required by the order, he shall, for the purposes of this section, be deemed to have sold, or exposed for 40 sale, that part, and the provisions of this section shall apply accordingly. (4) It shall not within the United Kingdom be lawful to submit or cause to be submitted to any person (Imported Goods). samples of goods of a class or description to which an A.D. 1926. Order in Council under this Act applies unless the required indication of origin is applied to the samples or unless particulars corresponding to the particulars which would 5 be contained in such an indication are communicated in writing to the person to whom the samples are submitted, and if any person acts in contravention of the provisions of this subsection he shall, subject to the provisions of this section, be guilty of an offence against 10 the principal Act. 15 20 25 (5) A person shall not be treated as being guilty by virtue of this section of an offence against the principal Act if he proves (a) that having taken all reasonable precautions (b) that otherwise he had acted innocently. revocation 5.-(1) Before any Order in Council is made under Laying this Act, a draft of the Order shall be laid before each before ParHouse of Parliament, and if either House within the next liament and subsequent twenty days on which that House has sat next after the draft is laid before it resolves that an tion of 30 Address be presented to His Majesty against the draft or orders. any part thereof, no further proceedings shall be taken thereon, but without prejudice to the making of a new draft Order. (2) An Order in Council made under this Act may, 35 on a representation to His Majesty by the appropriate department, but without any enquiry by or report from a committee, be revoked or varied by a subsequent Order made in accordance with the provisions of this section: Provided that any such Order shall not be varied by 40 the inclusion therein of any further goods, unless an enquiry has been held by a committee and the committee has presented to the appropriate department a report recommending that an Order in Council under this Act should be made in respect of those goods. |