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Merchandise Marks Act, 1941 (Act No. 17 of 1941)

10. Power to require indication of origin and compliance with specified standards in the case of certain classes of goods

 

(1) The Minister may, after such investigation as he may think fit, by notice in the Gazette prohibit the importation into or the sale in the Republic of goods of any class or description specified in the notice, whether made or produced in the Republic or elsewhere, unless one or more of the following requirements, specified in the notice, have been complied with in respect of those goods-
(a) there shall be applied to them in a manner specified in the notice words stating clearly the country in which they were made or produced, or, if the manner in which the words shall be applied is not so specified, the words shall be applied to the goods in a conspicuous manner;
(b) they shall, if they bear any mark specified in the notice, conform to such standard as may be prescribed in the notice;
(c) there shall be applied to them in a conspicuous manner and as specified in the notice, words or letters stating clearly the materials of which they are composed and if so required the percentages of such materials calculated either by weight or by volume as prescribed in the notice;

[Pararaph (c) substituted by section 2 of Act 26 of 1951.]

(d) there shall, if after they have been used, they have been reconditioned, rebuilt or remade, whether in the Republic or elsewhere, be applied to them in the manner specified in the notice, words so specified stating clearly that they have been reconditioned, rebuilt or remade, as the case may be.

[Paragraph (d) amended by section 18 of Act 38 of 1997.]

[Sub-section (1) amended by section 18 of Act 38 of 1997.]

 

(2) The Minister may, if he is satisfied that the circumstances require it, by notice in the Gazette withdraw, amend or qualify any notice issued in terms of subsection (1).

 

(3) Any person who contravenes any such prohibition shall be guilty of an offence.