A.D. 1926. Penalty on removal of indication of origin from imported goods. Execution of Act by rities. (Imported Goods). 6. If any person removes, alters or obliterates an indication of origin which in compliance with the requirements of an Order in Council made under this Act was borne by the goods at the time of their importation or exposure for sale wholesale, he shall be guilty of an 5 offence against the principal Act, unless he proves to the satisfaction of the court dealing with the case that the removal, alteration or obliteration was not for the purpose of concealing the origin of the goods at the time of their sale or exposure for sale. 10 7.-(1) Every local authority authorised to appoint an analyst for the purposes of the Sale of Foods and local autho- Drugs Acts, 1875 to 1907, may, so far as relates to any goods being foodstuffs, execute any of the provisions of this Act other than provisions relating to the importation 15 of goods, and any expenses incurred by a local authority under this section shall be defrayed in the same manner as expenses incurred by the authority in executing the provisions of the said Acts. Interpretation. (2) An officer of any such local authority as afore- 20 said, if authorised in that behalf by the authority and on production if so required of his authority, may at any time during the hours when the premises are open for the business enter any premises on which he has reason to believe that there are kept for sale any imported food- 25 stuffs to which this Act applies and take samples of any goods which appear to him to be such imported foodstuffs, and any person who obstructs an officer so authorised in the execution of the powers conferred on him by this section shall be guilty of an offence against 30 the principal Act. 8.-(1) For the purposes of this Act, unless the context otherwise requires, the following expressions have the meanings hereby assigned to them respectively, that is to say : "Advertise for sale" does not include (a) the distribution of general trade catalogues or price lists; or 35 (b) the use, at any time within one year after the date on which the Order in Council 40 applying this Act to the goods referred to in the advertisement was made, of an advertisement printed or constructed before that date: 5 10 15 20 25 30 35 40 (Imported Goods). "Apply" in relation to an indication of origin has A.D. 1926. 66 Appropriate department" means in relation to agricultural and horticultural produce and the produce of any fishing industry, the Minister of Agriculture and Fisheries, the Secretary of State for the Home Department and the Secretary for Scotland acting jointly, and in relation to any other goods the Board of Trade: "His Majesty's Dominions includes territories under His Majesty's protection and such, if any, of the territories in respect of which a mandate on behalf of the League of Nations has been accepted by His Majesty as His Majesty may by Order in Council direct to be included in His Majesty's Dominions for the purposes of this Act: "Imported goods " does not include (a) goods which since the date of their importation have undergone a substantial change by reason of a manufacturing process applied to them within the United Kingdom; or (b) if His Majesty by Order in Council so directs, goods manufactured or produced in the Channel Islands; or (c) farm produce carried or driven by a "Indication of origin means, at the option of the (a) in the case of goods manufactured or 66 66 66 (Imported Goods). (b) a definite indication of the country in which the goods were manufactured or produced; the indication being given, in either case, in a conspicuous form: Principal Act" means the Merchandise Marks Act, 1887: "United Kingdom means Great Britain and Northern Ireland. 5 (2) For the purposes of this Act, imported goods 10 shall be deemed to have been manufactured in the country in which they last underwent before importation a substantial change by reason of a manufacturing process. (3) In this Act the expression "sale"— (a) does not include the sale of second-hand goods; 15 (b) subject as hereinafter provided, includes sale wholesale as well as sale by retail, and the provisions of this Act and of any Order in 20 Council made thereunder shall have effect accordingly : Provided that (i) the power conferred by section two of this Act of making Orders in Council 25 requiring goods to bear an indication of origin at the time of exposure for sale shall not, except in the case of goods being foodstuffs, authorise the making of an Order requiring goods to bear such 30 an indication at the time of exposure for sale wholesale; and (ii) references to exposure for sale in sections one and four of this Act or (unless the Order expressly provides to 35 the contrary) in any Order in Council made under this Act shall not include exposure for sale wholesale by a person being a wholesale dealer. 9. Anything authorised under this Act to be done 40 by, to, or before the Board of Trade, may be done by, (Imported Goods). to, or before the President, a Secretary or Assistant A.D. 1926 Secretary of the Board, or any person authorised in that behalf by the President of the Board. Trade under Act. 10. Any expenses incurred by or in connection with Expenses. 5 any committee appointed for the purposes of this Act shall, up to such amount as the Treasury may approve, be defrayed out of moneys provided by Parliament. 11.-(1) This Act may be cited as the Merchandise Short title Marks Act, 1926, and the Merchandise Marks Acts, 1887 and appli10 to 1911, and this Act may be cited together as the Merchandise Marks Acts, 1887 to 1926. (2) This Act applies to Northern Ireland. (3) The provisions of this Act relating to importa cation. tion shall have effect as if they were part of the Customs 39 & 40Vict 15 Consolidation Act, 1876, and shall accordingly apply to c. 36. the Isle of Man as if it were part of the United Kingdom. To require an indication of origin to be given in the case of certain imported goods. Presented by Sir Philip Cunliffe-Lister, supported by Mr. Secretary Amery, Secretary Sir William Joynson-Hicks, Ordered, by The House of Commons, to be Printed, 2 March 1926. To be purchased directly from H.M. STATIONERY OFFICE at the following addresses: 1, St. Andrew's Crescent, Cardiff; or 120, George Street, Edinburgh; |