Merchandise Marks Act 1941 (Act 17 of 1941) General Notice 1831 of 2006 (Country of Origin Labelling) Office of Consumer Protection (CCRD)

The object of the Act To make provision concerning the making of merchandise and of covering in or with which merchandise is sold and the use of certain words and emblems in connection with business. Section 6 – applying false trade description and alteration of trade mark. Section 7 – sale and hiring out of goods bearing false trade descriptions. Section 8 – sale of imported goods bearing name or make of South African manufacturer or trader, unaccompanied by indication of origin. Section 9 – sale of imported goods bearing marks in officials language, unaccompanied by indication of origin.

Prohibitions Section 14 – unauthorized use of certain emblems. In this section a person uses a mark if he or she uses it in connection with his or her trade, business, profession or occupation or applied by him or her to goods made, produced or sold by him or her. Section 10 – the Minister has powers to require indication of origin and compliance with specified standards in the case certain classes of goods. Section 11 – the Minister may prescribe what indications of origin of goods to be made.

Section 15 – the Minister may prohibit absolutely or conditionally the use of National Flag, or any former national Flag of the Republic. Section 15 A – the Minister may designate an event as a protected event if the event is in the public interest. Section 3 – subject to the laws governing the public service, the Minister may appoint such officers as he or she may deem necessary for carrying out the provisions of this Act. The Notice is in terms of sections 10 and 11 of the Act. Will come into operation on 15 April 2007.

General Notice 1831 of 2006 Remember section 10 and 11 empowers the Minister to require indication of origin and compliance with specific standards and to prescribe what indications of origin of goods to be made. The Notice prohibits the importation into or the sale in the RSA of goods specified in the schedule, irrespective of whether such goods were made or produced in the RSA or elsewhere.

 Unless there shall be permanently applied to them in a conspicuous and easily legible manner words stating clearly – the country in which they were made or produced; In the event of a RSA textile manufacturer using imported greige fabric to produce dyed, printed or finished fabric in the RSA, that such fabric has been dyed, printed or finished in RSA from imported fabric,

That a locally manufactured product using imported materials must state made in South Africa from imported materials. They conform to the South African national standards for fibre content and care labeling in accordance with Notice 2410 of There shall, if after they have been reconditioned, rebuilt or remade whether in the Republic or elsewhere, be applied to them in a conspicuous and easily legible manner, the words stating clearly that they have been reconditioned, rebuilt or remade, as the case may be.

The label states clearly: made in South Africa and the product is wholly assembled in South Africa, the product will qualify for a “made in South Africa” label. The Notice applies to – - textile listed in Chapters 50,51,52,53,54,55,56,56,58,59,60 and 63 of the Harmonized System Tariff, - Clothing listed in Chapter 61,62 and 65 of the Harmonized System Tariff, - Shoes and leather listed in Chapters 42,43 and 64 of the Harmonized System Tariff

Implementation Thedti has adopted a compliance driven approach The first 12 months the dti will embark on educational drive to all stakeholders SARS to inform thedti if an importer does not comply, detain the goods in terms of its own legislation Thedti to engage the importer to ensure compliance without criminal sanctions In this 12 months thedti will also engage SAPS and other law enforcement agencies

Sipho Tleane Director: Legal Support & Prosecutions Office of Consumer Protection Consumer & Corporate Regulation Division