STANDARDS 1

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

6. Functions of Bureau of Standards.
7. Standard specifications and compulsory standard specifications.
8. Proof of spedcation.
9. Standard marks may be prescribed.

10. Licences to use standard marks.
11. Regulations.
12. OEences.
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.

Policy.

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STANDARDS 3

THE STANDARDS ACT Acts
57 of 1968.
10 of 1%
2 of 2002.

[15 th July, 1969.1

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

2. In this Act- Interpw-

“Bureau” means the Bureau of Standards established by
lion.

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;

“knctions” 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 . 4 1 ) There is hereby established for the purposes of this Establish-
ment of
Bureau of
Standards.

Act a body to be known as the Bureau of Standards.

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

thereto.

4 STANDARDS

Establishnient 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.

of Standards
Council.

Second (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 in 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;

(4 to provide for the examination, testing and calibra-
tion of instruments, appliances and apparatus in
relation to the accuracy thereoc

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

Schedule.

Power of

directionson

Minister to
issue general

matters of
policy.

Functionsof
Bureau of
Standards.

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STANDARDS 5

(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 com-
modity, process or practice for which a standard
specification or a compulsory standard specifica-
tion has been declared;

(9) to do such other things as may be expedient or
necessary for the proper performance of its func-
tions under this Act.

7 . 4 1) The Bureau shall formulate for the Minister Standard
specifica-

specifications for such commodities, processes and practices tions and
compulsory
standard
specifica-

as he may from time to time request.

with the consent of the Minister, declare it to be a standard
specification for the commodity, process or practice to
which it relates.

(2) The Bureau, on formulating a specification, may, tions.

(3) Where any other enactment prescribes or
authorizes the making of regulations prescribing grades,
standards or other characteristics of any commodity, pro-
cess or practice, the Minister shall not consent to the decla-
ration 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 depart-
ment 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

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6 STANDARDS

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 fucie 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.

Standard 9 .41 ) The Minister may, on the recommendation of the T'i:epY Bureau, prescribe standard marks to be used in relation
cribed- to commodities, processes or practices to distinguish com-

modities, processes or practices which conform to a
standard specification from others which do not conform
to that specification or do not conform to any standard
specification.

(2) Standard marks shall be of such design and con-
tain such words, figures or symbols and be used by such
persons, in such circumstances and subject to such condi-
tions, as may be prescribed.

10.41) 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 specifi-
cation, and notice of the grant of every such licence shall
be gazetted :

Provided that where a specification in respect of a com-
modity, process or practice is declared to be a standard
specification with the approval of another Minister by

Proof of
specifi-
cation.

Licences

standard
marks.

to use

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STANDARDS

' .
\-

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 sub-
ject to the prescribed conditions and to such other condi-
tions 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 regula-
tions under this Act in such other circumstances as the
Bureau may think fit; and a licence suspended as afore-
said 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 sub-
mitting 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 tiOM.
foregoing provisions, may make regulations-

(a) regulating the promulgation of standard specifica-

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

. - tions and- compulsory standard specifications; . . .
I

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STANDARDS

10/1998
S. 2@).

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 com-
modity, process or practice, in respect of which a
compulsory standard specification has been
declared unless the same conforms to that specifi-
cation;

with respect to the packaging, labelling, descrip-
tion and advertising of any commodity for which
a standard specification has been declared;

with respect to the inspection and testing of com-
modities, processes and practices and the entry
upon premises for these purposes;

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;

prescribing forms for the purposes of this Act;

prescribing matters in respect of which fees are to
be payable, the amount of such fees and the per-
sons 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, deten-
tion and disposal of any commodity or class of
commodity-

(i) which does not conform to the compulsory
standard specification which has been de-
clared in respect thereto; or

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STANDARDS 9

(ii) the labelling of which does not comply with
regulations made in respect thereto;

0) prescribing anything which may be or is required to
be prescribed under this Act;

(k) prescribing penalties for the breach of any regulation
not exceeding a fine of five hundred thousand dollars 212002
or imprisonment with or without hard labour for a s.2.
term of twelve months.

1 2 4 1 ) Every person who- Otfinces.

(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;

(4 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,

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10 STANDARDS

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 hrther 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.

10 1998
S. 3 (b).

S . 3 (b).
10 1998

10 1998
s. 3 (c). (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.

Restrictionof

-standard..

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

use of the
word

(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 trade mark 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 hrther fine of one hundred thousand

10/1998
S. 3 (b).

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STANDARDS 11

doUars 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 per-

sons of any name that was in use in Jamaica by
that individual or association, or any predecessors
in business of that individual or association, at the
commencement of this Act;

(b) to any trade mark registered at the commence-
ment of this Act.

14. All offences against this Act or any regulation made zp of
thereunder shall be tried summarily in the Court of a Resi-
dent Magistrate.

M.-(l) All information obtained by the Minister, or by
the Council, or by the Bureau or any officer or servant tion
thereof, or by any other person in the course of the adminis- p y m or

shall be treated as confidential, save for purposes connected
with the administration of this Act.

(2) The disclosure of any information relating to any
formula, process or practice to the Minister, or to the
Council, or to the Bureau or any officer or servant thereof,
or to any other person for purposes connected with the
administration of this Act, shall not prejudice any applica-
tion subsequently made for the patent.

obtained for

tration of this Act, as to any formula, process or practice, t i l ls Act.

16. The fact that any commodity, process or practice Rotection
against conforms or is alleged to conform to a standard specifics- cl.imr

tion, or the fact that a standard mark is used in connection
with any commodity shall not give rise to any claim against
the Crown or the Bureau.

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12 STANDARDS

Incorpora-
tion.

Power to
rue and
be sued.
Authcn tica-
lion of 8ed
a d dwu-
menu.

Pun& of
the Bureau.

Borrowing ’
gonen.

Power to
appoint
Director.
offlcen and
Iervmts.

FIRST SCHEDULE {section 3)

1. The Bureau shall be a body corporate having perpetual succes-
sion and a common seal and with power to acquire, hold and dispose
of land and other property of whatever kind, to enter into contracts
and to do all things necessary for the purpose of its functions.

2. The Bureau may sue and be sued in its corporate name and
may for all purposes be described by that name.

3. (1) The seal of the Bureau shall be authenticated by the signatures
of the chairman or one member of the Council authorized to act
in that behalf and an officer of the Bureau so authorized; and shall
be judicially noticed.

(2) All ddments, other than those required by law to be under
seal. made by, and all decisions of, the Bureau may be signified under
the hand of the chairman or any member of the Council authorized
to act in that behalf or an officer of the Bureau so authorized.

4. The funds of the Bureau shall consist of such moneys as may
from time to time be placed at its disposition for the purposes of
this Act by Parliament. or such other moneys as may lawfully be
paid to the Bureau.

5. (1) Subject to the provisions of sub-paragraph (2). the Bureau
may borrow sums required by it for meeting any of its obligatiom
or discharging any of its functions.

(2) The power of the Bureau to borrow shall be exercisable only
with the approval of the Minister responsible for finan= as to the
amount, as to the source of borrowing and as to the terms on which
the borrowfng may be effected, and an approval given in any respect
for the purpose of this sub-paragraph may be either general or limitad
to a particular borrowing or otherwise. and may be either uncondi-
tional or subject to conditions.

(3) In this paragraph the word “borrow” includes obtainin8
advances.

6, (1) The Bureau shall appoint and employ at such remuneration
and on such terms and conditions as it thinks fit a Director of
’standards and such other officers, agents and servants as it think6
necessary for the proper carrying out of its functions:

Provided that no appointment to a post carrying a salary in excess
of the rate of four thousand dollars per m u m shall be made with-
out the prior approval of the Minister.

(2) Tbe Governor-General may, subject to such conditions as be
may impose, approve the appointment of any public officer in the
service of Jamaica to any office with the Bureau and any public officer
so appointed shall in relation to pension, gratuity or other allowance
and to other rights as a public officer, be treated as continuing in the
service of the Government.

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STANDARDS 13

7. (1) The Bureau shall keep proper accounts and other records Accounts
in relation to its business and shall prepare annually a statement of and records.
accounts in a form satisfactory to the Minister and shall submit the
same from time to time with vouchers to the Auditor-General or such
other auditor as the Minister may approve to be audited.

(2) The Bureau shall, on or before the thirty-first day of October
in each year, submit to the Minister for his approval, its estimates of
revenue and expenditure in respect of the financial year commencing
on the first day of April next following.

8. (1) The Bureau shall, as soon as practicable after the end of Annual
each financial year, cause to be made and transmit to the Minister- report-

(U) a statement of its accounts audited in accordance with para-

(b) a report dealing generally with the activities of the Bureau
during that financial year, and containing such information
relating to the proceedings and policy of the Bureau as can
be made public without detriment to the interest of the
Bureau.

(2) The Minister shall cause a copy of the report together with
the annual statement of accounts and the auditor’s report thereon to
be laid on the respective Tables of both Houses of Parliament.

9. The Bureau shall furnish the Minister with such returns, accounts pOwm of
and other information as he may require with respect to the activities Mini.ster to
of the Bureau, and shall afford to him facilities for verifying such require
infonnatioa in such manner and at such times as he may reasonably returns*
require.

graph 7;

SECOND SCHEDULE (section 4)
1. The Council shall consist of fourteen members as follows- Appoint-

(U) thirteen members (hereinafter referred to as “nominated merit Of members. members”) appointed by the Minister of whom-
(i) one shall be appointed chairman;
(ii) one, being a person who has been employed in some

senior capacity in the service of the Government, shall
be appointed vice-chairman;

(iii) four shall be persons of whom one shall in the opinion
of the Minister be representative of the interests of
agriculturalists, and the remaining three shall in like
manner be representative of the interests of manufac-
turers, wholesalers, and retailers of commodities res-
pectively:

(iv) three shall be persons who, in the opinion of the
Minister, are representative of the interests of con-
sumers;

(v) four shall be persons in the service of the Govern-
ment;

(b) the Director of Standards.

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14

Acting
appoint-
ment.

Tenure of
office.

Resignation.

STANDARDS

2. In the case of the absence or inability to act, at any meeting,
of the chairman, the vice-chairman shall preside at that meeting, and
in the case of the absence or inability to act of both the chairman
and vice-chairman, the remaining members of the Council shall elect
one of their number to preside at that meeting.

3. (1) The appointment of every nominated member of the Council
shall be evidenced by an instrument in writing, and such instrument
shall state the period of office of the member which shall not exceed
three years.

(2) Every nominated member of the Council shall be eligible for
reappointment.

(3) Notwithstanding anything to the contrary the Minister may
at any time revoke the appointment of the chairman or any other
nominated member of the Council.

4. (1) Any nominated member of the Council other than the chair-
man may at any time resign his office by instrument in writing addressed
to the Minister and transmitted through the chairman, and from the
date of the receipt by the Minister of such instrument such member
shall cease to be a member of the Council.

(2) The chairman may at any time resign his office by instrument
in writing addressed to the Minister and such resignation shall take
effect as from the date of the receipt of such instrument by the
Minister.

publication
of
membmhip. the Gazette.

5. The names of all members of the Council as first constituted
and every change in the membership thereof shall be published in

procedure
and
meetings.

6. (1) The Council shall meet at such times as may be necessary
or expedient for the transaction of business, and such meetings shall
be held at such places and times and on such days as the Council
shall determine, so, however, that the Council shall meet not less than
ten times a year and any nominated member absent for three con-
secutive meetings shall automatically forfeit his seat unless he was
ill or, with the prior permission of the Council, he was so absent.

(2) The chairman may at any time call a special meeting of
the'Council and shall call a special meeting to be held within seven
days of a written request for that purpose addressed to him by any
two members of the Council.

(3) The chairman or, in the case of the absence or inability to
act of the chairman, the vice-chairman or person elected in accordance
with the provisions of paragraph 2 shall preside at the meetings of
the Council and when so presiding the chairman or vice-chairman
or the person elected as aforesaid, as the case may be, shall have
an original and a casting vote.

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STANDARDS 15

(4) The quorum of the Council shall be seven or such greater
number as may be fixed by the Council.

(5) Subject to the provisions of this Schedule the Council may
regulats its own proceedings.

(6) The validity of any proceedings of the Council shall not
be affected by any vacancy amongst the members thereof or by any
defect in the appointment of a member thereof.

7. There shall be paid to the chairman and other members of Remunera-
the Council and to members of any committee appointed under para- tion of
graph 10 such remuneration (whether by way of honorarium, salary or members.
fees) and such allowances as the Minister may determine.

8. A member of the Council who is interested in any company or Memben
undertaking which is an interested party in any proceedings before must
the Council shall disclose to the Council the fact and nature of his disclose
interest and shall not take part in any deliberation or any decision
of the Council relating to such matter, and such a disclosure shall
forthwith be recorded in the records of the Council.

9. (1) No action, suit, prosecution or other proceedings shall be Protection
brought or instituted personally against any member of the Council of members
in respect of any act done bona fide in pursuance or execution or Of cOunci*.
intended execution of this Act.

(2) Where any member of the Council is exempt from liability
by reason only of the provisions of this paragraph the Bureau shall
be liable to the extent that it would be if the said member was a
servant or agent of the Bureau.

10. (1) The Council may appoint committees for any such general Appoint-
or special purposes with which the Council may be concerned as ment of
in the opinion of the Council would be better regulated and managed committees.
by means of a committee.

(2) The number of members of a committee appointed under
sub-paragraph (l), their functions and terms of appointment, the
quorum of the committee and the area, if any. within which the
committee is to exercise authority shall be determined by the Council.

(3) A committee appointed pursuant to this paragraph may
include persons who are not members of the Council.

(4) The provisions of paragraph 9 shall apply to a member of
a committee who is not a member of the Council in like manner
as they apply to a member of the Council.

( 5 ) The validity of the proceedings of a committee appointed
pursuant to this paragraph shall not be affected by any vacancy amongst
the members thereof or by any defect in the appointment of a member
thereof.

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16 STANDARDS

Delegation
Of Powers-

11. (1) Subject to the provisions of this Act the Council may,
subject to the approval of the Minister, delegate to any member or
committee of the Council or to any of the officers or servants of
the Bureau the power and authority to carry out such functions as
the Council may determine.

(2) Every delegation under this paragraph shall be revocable by
the Council and no delegation shall prevent the exercise by the Council
of any function delegated.

,

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