THE STANDARDS ACT

ARRANGEMENT OF SECTIONS

1. Short title.

2. Interpretation.

3. Establishment of Bureau of Standards.

4. Establishment of Standards Council.

5. Power of Minister to issue general directions on matters of Policy.

6. Functions of Bureau of Standards.

7. Standard specifications and compulsory standard specifications.

8.Proof of specification.

9. Standard marks may be prescribed.

10. Licences to use standard marks.

11. Regulations.

12. Offenses.

13. Restriction of use of the word "Standard".

14. Mode of trial.

15. Secrecy of information obtained for purposes of this Act.

16. Protection against claims.

THE STANDARDS ACT

[15th July 1969]

1. This Act may be cited as the Standards Act.

2. In this Act-

“Bureau” means the Bureau of Standards established by section 3;

“commodity” means any article, product or thing which is the subject of trade or commerce;

“Council” means the Standards Council established under section 4;

“functions” includes powers and duties;

“specification” means a description of a commodity, process or practice by reference to its nature, quality, strength, purity, composition, quantity, dimensions, weight, grade, durability, origin, age or other characteristics;

“standard specification” means a specification which has been declared to be a standard specification pursuant to section 7, and “compulsory standard specification” means a standard specification which has been so declared by order by the Minister pursuant to that section.

3. (1) There is hereby established for the purposes of this Act a body to be known as the Bureau of Standards.

    (2) The provisions of the First Schedule shall have effect as to the constitution of the Bureau and otherwise in relation thereto.

4. (1) There shall be established a Standards Council of the Bureau which, subject to the provisions of this Act, shall be responsible for the policy and general administration of the affairs of the Bureau.

    (2) The provisions of the Second Schedule shall have effect as to the constitution of the Council and otherwise in relation thereto.

5. The Minister may, after consultation with the chairman of the Council, give to the Council such directions of a general character as to the policy to be followed by the Council in the performance of its functions as appear to the Minister to be necessary for the public interest, and the Council shall give effect thereto.

6. The Bureau shall promote and encourage the maintenance of standardization in relation to commodities, processes, and practices and shall exercise such other functions as may be prescribed; and for these purposes, the Bureau shall have power-

(a) to make recommendations to the Minister in respect of the formulation of specifications and the promulgation and application of standard specifications, and compulsory standard specifications;

(b) to promote research in relation to specifications and to provide for the examination and testing of commodities, processes and practices;

(c) to provide for the registration and use of standard marks;

(d) to provide for the examination, testing and calibration of instruments, appliances and apparatus in relation to the accuracy thereof

(e) to encourage or undertake educational work in connection with standardization;

(f) to make arrangements for the inspection of any operation which is being carried out in or upon any premises in connection with the manufacture, production, processing or treatment of any commodity, process or practice for which a standard specification or a compulsory standard specification has been declared;

(g) to do such other things as may be expedient or necessary for the proper performance of its functions under this Act.

7. (1) The Bureau shall formulate for the Minister specifications for such commodities, processes, and practices as he may from time to time request.

    (2) The Bureau, on formulating a specification, may, with the consent of the Minister, declare it to be a standard specification for the commodity, process or practice to which it relates.

    (3) Where any other enactment prescribes or authorizes the making of regulations prescribing grades, standards or other characteristics of any commodity, process or practice, the Minister shall not consent to the declaration of any standard specification in respect thereof or cause any amendment to be made to any such standard specification except with the approval of the Minister for the time being charged with responsibility for the department or subject to which that enactment relates.

    (4) The Bureau shall as soon as may be after the declaration of a standard specification cause notice thereof to be published in the Gazette and in such other manner as the Minister may direct and shall place on sale copies of the standard specification.

    (5) No specification shall be declared to be a standard specification unless the Minister is satisfied that any persons who may be affected thereby have had an opportunity to consider it and to make representations on it to the Bureau and that the Bureau has given due consideration to such representations.

    (6) The Bureau may, with the consent of the Minister, revoke or amend a standard specification, and shall revoke a standard specification in any case where the Minister so directs.

    (7) Where it appears to him necessary or desirable in the public interest so to do, the Minister may by order declare a standard specification to be a compulsory standard specification.

8. Prima Facie evidence of any standard specification may be given in any proceedings by the production of a copy of the specification purporting to be issued by the Bureau.

10. (1) The Bureau may grant to any person a licence to use a standard mark in connection with any commodity, process or practice, which conforms to a standard specification, and notice of the grant of every such licence shall be gazetted :

Provided that where a specification in respect of a commodity, process or practice is declared to be a standard specification with the approval of another Minister by virtue of subsection (3) of section 7,the Bureau shall not make a grant of licence for the use of a standard mark in relation to such commodity, process or practice except with the approval of that other Minister.

    (2) Every licence under subsection (1) shall be subject to the prescribed conditions and to such other conditions as may be specified in the licence and subject to the provisions of this section may be suspended for a period not exceeding six months or revoked by the.Bureau at any time for breach of any such conditions or subject to regulations under this Act in such other circumstances as the Bureau may think fit; and a licence suspended as aforesaid shall during the period of suspension be of no effect.

    (3) Notice of the revocation or suspension of any licence shall be gazetted.

    (4) Before the Bureau revokes any licence granted under subsection (1) it shall cause to be given to the licensee not less than fourteen days' notice of intention so to do specifying the grounds on which it proposes to revoke the licence and shall afford the licensee an opportunity of submitting a written statement of objection to the revocation of the licence, and thereafter the Bureau shall advise the licensee of its decision.

11. The Minister may make regulations for the purposes Regula- of this Act, and without prejudice to the generality of the time. foregoing provisions may make regulations-

(a) regulating the promulgation of standard specifications and-compulsory standard specifications;

(b) regulating the issue of licences to use standard marks, prescribing terms and conditions upon or subject to which such licences may be issued, suspended or revoked, and prescribing fees to be paid in respect of such licences. 

(c) prohibiting, either absolutely or subject to such conditions as may be prescribed and regulating the sale of any commodity or class of commodity or the use in any trade or business of any commodity, process or practice, in respect of which a compulsory standard specification has been declared unless the same conform to that specification;

(d) with respect to the packaging, labelling, description and advertising of any commodity for which a standard specification has been declared;

(e) with respect to the inspection and testing of commodities, processes and practices and the entry upon premises for these purposes;

(f) requiring such persons as may be prescribed to keep in relation to such commodities, processes or practices as may be prescribed, such books and records as the Bureau may consider necessary for the proper administration and enforcement of this Act;

(g) prescribing forms for the purposes of this Act;

(h) prescribing matters in respect of which fees are to be payable, the amount of such fees and the persons liable to pay them, and authorizing the refund or remission of such fees in such circumstances as may be prescribed; providing for. the condemnation, seizure, detention and disposal of any commodity or class of commodity-

(i) which does not conform to the compulsory standard specification which has been declared in respect thereto; 

12. (1) Every person who-

(a) makes any statement or representation, whether in writing or not, or uses any mark with reference to any commodity, process or practice which conveys or is likely to convey the impression that a person who is not licensed to use a standard mark with reference to that commodity, process or practice is so licensed or is otherwise entitled to use a standard mark;

(b) makes any statement or representation, whether in writing or not, or uses any mark which conveys or is likely to convey the impression that a commodity, process or practice complies with a standard specification when it does not do so;

(c) without the authority of the Bureau or the Minister, and for the purposes of gain or profit (whether by means of a sale or otherwise), makes any statement or representation, whether in writing or not, whereby comparison is made in respect of any commodity, process or practice with the standard provided for by any standard specification unless he proves that he acted without intent to defraud;

(d) having been licensed to use a standard mark, uses the standard mark after the revocation of his licence so to do, or otherwise than in accordance with the terms and conditions of his licence, shall be guilty of an offence and liable on conviction to a fine of five hundred thousand dollars, and, in the case of a continuing offence, to a further fine of one hundred thousand dollars for every day on which the offence is continued, or to imprisonment with or without hard labour for a term of twelve months.

    (2) On conviction of any person for an offence under subsection (1) the Court may, in addition to any other penalty which may be imposed, order that all or any part of any commodity in respect of which the offence was committed shall be forfeited to the Crown.

13.-(1) Except with the consent of the Minister in writing, no association of persons, whether a body corporate or not, shall exercise the functions for which it is formed under a name which contains the word “Standard”, or the words “Jamaica Standard, or any abbreviation of those words.

    (2) Where any law provides for the registration of any association of persons, the registering authority may refuse registration if in its opinion the use of the name by which the association desires to be registered is prohibited by subsection (1).

    (3) Except with the consent of the Minister in writing, no trademark which contains the word “Standard shall be registered under the Trade Marks Act.

    (4) The provisions of this section shall, mutatis mutandis, apply to an individual carrying on business under any name or style other than his own.

    (5) Any individual or association of persons who does any act in contravention of this section shall be guilty of an offence and shall on conviction be liable to a fine of five hundred thousand dollars, and, in the case of a continuing offence, to a further fine of one hundred thousand dollars for every day on which the offence is continued, or to imprisonment with or without hard labour for a term of twelve months.

    (6) Nothing in this section shall apply-

(a) to the use by any individual or association of persons of any name that was in use in Jamaica by that individual or association, or any predecessors in the business of that individual or association, at the commencement of this Act;

(b) to any trademark registered at the commencement of this Act.

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