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Measure

False description of articles

Type Class Valid From Valid To
Restriction Goods 30/12/1988
Summary:

It is an offense to sell or import for sale foodstuffs, cosmetics, or disinfectants described in a misleading or prohibited manner. However, using a geographical name to describe a foodstuff is allowed if it is a generally accepted term for that type or variety of product, and the product matches that description.

Description:

5. (1) Subject to the provisions of subsection (2) and section 6, any person shall be guilty of an offence if he -

(c) sells, or imports for sale, any foodstuff, cosmetic or disinfectant described in a manner referred to in paragraph (b). (2) The provisions of subsection (1) shall not be deemed to prohibit the description of any foodstuff by, or its sale or importation under, a geographical name which is generally accepted as a generic term for a particular type or variety of such foodstuff, provided that foodstuff described by or sold or imported under the name in question is of the type or variety indicated by that name.

Commodities Affected by the Measure

# HS Code Description
1 0901 Coffee, whether or not roasted or decaffeinated; coffee husks and skins; coffee substitutes containing coffee in any proportion
2 0902 Tea, whether or not flavoured
3 0904 Pepper of the genus Piper; dried or crushed or ground fruits of the genus Capsicum or of the genus Pimenta
4 0905 Vanilla
5 0906 Cinnamon and cinnamon-tree flowers
6 0907 Cloves (whole fruit, cloves and stems)
7 0908 Nutmeg, mace and cardamoms
8 0909 Seeds of anise, badian, fennel, coriander, cumin, or caraway; juniper berries
9 0910 Ginger, saffron, turmeric (curcuma), thyme, bay leaves, curry and other spices
10 2001 Vegetables, fruit, nuts and other edible parts of plants, prepared or preserved by vinegar or acetic acid
11 2002 Tomatoes prepared or preserved otherwise than by vinegar or acetic acid
12 2003 Mushrooms and truffles, prepared or preserved otherwise than by vinegar or acetic acid
13 2004 Other vegetables prepared or preserved otherwise than by vinegar or acetic acid, frozen (excluding products of heading 20.06
14 2005 Other vegetables prepared or preserved otherwise than by vinegar or acetic acid, not frozen (excluding products of heading 20.06)
15 2006 Vegetables, fruit, nuts, fruit-peel and other parts of plants, preserved by sugar (drained, glacé or crystallised)
16 2007 Jams, fruit jellies, marmalades, fruit or nut purée and fruit or nut pastes, obtained by cooking, whether or not containing added sugar or other sweetening matter
17 2008 Fruit, nuts and other edible parts of plants, otherwise prepared or preserved, whether or not containing added sugar or other sweetening matter or spirit, not elsewhere specified or r included
18 2009 Fruit or nut juices (including grape must and coconut water) and vegetable juices, unfermented and not containing added spirit, whether or not containing added sugar or other sweetening matter
19 1507 Soya-bean oil and its fractions, whether or not refined, but not chemically modified
20 1508 Ground-nut oil and its fractions, whether or not refined, but not chemically modified
21 1509 Olive oil and its fractions, whether or not refined, but not chemically modified
22 1510 Other oils and their fractions, obtained solely from olives, whether or not refined, but not chemically modified, including blends of these oils or fractions with oils or fractions of heading 15.09
23 1511 Palm oil and its fractions, whether or not refined, but not chemically modified
24 1512 Sunflower-seed, safflower or cotton-seed oil and fractions thereof, whether or not refined, but not chemically modified
25 1513 Coconut (copra), palm kernel or babassu oil and fractions thereof, whether or not refined, but not chemically modified
26 1514 Rape, colza or mustard oil and fractions thereof, whether or not refined, but not chemically modified
27 1515 Other fixed vegetable or microbial fats and oils (including jojoba oil) and their fractions, whether or not refined, but not chemically modified
28 1901 Malt, extract, food preparations of flour, groats, meal, starch or malt extract, not containing cocoa or containing less than 40 per cent by mass of cocoa calculated on a totally defatted basis, not elsewhere specified or included;food preparation of goods of headings 04.01 to 04.04, not containing less than per by mass of cocoa calculated on a defatted basis, not elsewhere specified or included
29 1902 Pasta, whether or not cooked or stuffed (with meat or other substances) or otherwise prepared, such as spaghetti, macaroni, noodles, lasagne, gnocchi, ravioli, cannelloni; couscous, whether or not prepared
30 1903 Tapioca and substitutes therefor prepared from starch, in the form of flakes, grains, pearls, siftings or in similar forms
31 1904 Prepared foods obtained by the swelling or roasting of cereals or cereal products(for example or corn flakes); cereals(excluding maize(corn)) in grain form or in the form of flakes or other worked grains(except flour, groats and meal), pre-cooked or otherwise prepared, not elsewhere specified or included
32 1905 Bread, pastry, cakes, biscuits and other bakers' wares, whether or not containing cocoa; communion wafers, empty cachets of a kind suitable for pharmaceutical
33 3301 Essential oils (terpeneless or not), including concretes and absolutes; resinoids; extracted oleoresins; concentrates of essential oils in fats, in fixed oils, in waxes or the like, obtained by enfleurage or maceration; terpenic by-products of the deterpenation of essential oils; aqueous distillates and aqueous solutions of essential oils:
34 3303 Perfumes and toilet waters:
35 3304 Beauty or make-up preparations and preparations for the care of the skin (excluding medicaments), including sunscreen or sun tan preparations; manicure or pedicure preparations:
36 3305 Preparations for use on the hair:
37 3306 Preparations for oral or dental hygiene, including denture fixative pastes and powders; yarn used to clean between the teeth (dental floss), in individual retail packages:
38 3307 Pre-shave, shaving or after-shave preparations, personal deodorants, bath preparations, depilatories and other perfumery, cosmetic or toilet preparations, not elsewhere specified or included; prepared room deodorisers, whether or not perfumed or having disinfectant properties:
39 3401 Soap; organic surface-active products and preparations for use as soap, in the form of bars, cakes, moulded pieces or shapes, whether or not containing soap; organic surface-active products and preparations for washing the skin, in the form of liquid or cream put up for retail sale, whether or not containing soap; paper, wadding, felt and nonwovens, impregnated, coated or covered with soap or detergent:
40 3402 Organic surface-active agents (excluding soap); surface-active preparations, washing preparations (including auxiliary washing preparations) and cleaning preparations, whether or not containing soap (excluding those of heading 34.01):
41 3403 Lubricating preparations (including cutting-oil preparations, bolt or nut release preparations, anti-rust or anti-corrosion preparations and mould release preparations, based on lubricants) and preparations of a kind used for the oil or grease treatment of textile materials, leather, furskins or other materials, but excluding preparations containing, as basic constituents, 70 per cent or more by mass of petroleum oils or of oils obtained from bituminous minerals:
42 3404 Artificial waxes and prepared waxes:
43 3405 Polishes and creams, for footwear, furniture, floors, coachwork, glass or metal, scouring pastes and powders and similar preparations (whether or not in the form of paper, wadding, felt, nonwovens, cellular plastics or cellular rubber, impregnated, coated or covered with such preparations), (excluding waxes of heading 34.04):
44 3406 Candles, tapers and the like
45 3407 Modelling pastes, including those put up for children's amusement; preparations known as "dental wax" or as "dental impression compounds", put up in sets, in packings for retail sale or in plates, horseshoe shapes, sticks or similar forms; other preparations for use in dentistry, with a basis of plaster (of calcined gypsum or calcium sulphate)
46 2105 Ice cream and other edible ice, whether or not containing cocoa
47 2101 Extracts, essences and concentrates, of coffee, tea or maté and preparations with a basis of these products or with a basis of coffee, tea or maté; roasted chicory and other roasted coffee substitutes, and extracts, essences and concentrates thereof:
48 2102 Yeasts (active or inactive); other single-cell micro-organisms, dead (but not including vaccines of heading 30.02); prepared baking powders:
49 2103 Sauces and preparations therefor; mixed condiments and mixed seasonings; mustard flour and meal and prepared mustard:
50 2104 Soups and broths and preparations therefor; homogenised composite food preparations:
51 2106 Food preparations not elsewhere specified or included:

Procedures Implementing the Measure

1 Procedure of Application of Ordinance to articles imported in transit
Activity Outcome Valid For Single Use
Transit No

Legal Documents Related to the Measure

Name Type Category
Foodstuffs, Cosmetics and Disinfectants Ordinance 18 of 1979 Act Import/Export