Trading Standards

Also Read: Office of Fair Trading : Consumer Credit License

Trading Standards has responsibility for the enforcement of over 80 main acts of Parliament and approximately 1000 sets of orders and regulations made under those acts. The Trading Standards Institute is the UK government-appointed body responsible for protecting consumer's rights and enforcing related laws.

The main trade areas covered are listed below:

• Agriculture, Animal Health and Welfare
• Fair Trading
• Food Safety and Labelling
• Safety and Licensing
• Trade Descriptions
• Weights and Measures
  

In addition trading standards provide a comprehensive education and advice service for businesses as well as consumers

Trade Descriptions

A guide for businesses about the requirements of the Trade Descriptions Act 1968.

This is intended as a brief overview of the requirements; it is not a substitute for the legislation itself and it should be noted that there is a substantial amount of case law in this area. For specific queries, please contact your local Trading Standards Service.

What does the law require?

Any descriptions of goods and services, given by a person acting in the course of a trade or business, should be accurate and not misleading. ou are deemed to be commiting an offence if the description is false to a material degree, e.g. has a significant impact on a purchaser’s ability to enjoy and/or use the goods/services, or a significant effect on their value, ultimately only a court can decide what would constitute a material degree.

How to give a trade description

A description can be given verbally, in writing (e.g. in an advert or brochure, or on an invoice or order form), by illustration (e.g. in advertisements or on packaging) or by implication.

The following are Offences under the Act (relating to goods)

The Act makes it an offence to:

• apply a false or misleading description to goods (e.g. by writing it down, making a verbal statement)
• supply or offer to supply goods to which a false or misleading trade description is applied.

These offences are strict liability offences, i.e. it is possible for a trader to commit an offence without intending to do so.

What descriptions of goods are deemed to be trade descriptions?

• Quantity, size or gauge.
• This includes length, width, height, area, volume, capacity, weight and number, e.g. rug 1m x 1.5m, 1 pint tankard, 17" screen.
• Method of manufacture, production, processing or reconditioning.
• This covers most of the aspects concerning the work done in the making, processing or repairing of goods, e.g. hand finished, cold-pressed.
• Composition, i.e. description of from what an item is made.
• Fitness for purpose, strength, performance, behaviour or accuracy,
  e.g. unbreakable, mechanically sound.
• Place or date of manufacture, production, processing or reconditioning,
  e.g. any statement such as ‘Made in England’
• Person by whom manufactured, produced, processed or reconditioned,
  e.g. brand names
• History, including previous ownership or use

Who can commit an offence?

Any person acting in the course of a trade or business can be guilty of an offence under the Act. This would include Directors, Managers and all levels of employees.

How can a trader avoid committing an offence?

A system should exist to avoid giving false descriptions, and the system should be followed.

For further information, please contact your local Trading Standards Service.

Trading Standards services work in partnership with 'Consumer Direct', a call centre based consumer advice service which has been available across the UK since April 2006. Consumer Direct' provides a single contact point where simple enquiries may be dealt with directly and others referred to the relevant Trading Standards office.