finally regulated
19 April 2007
The Minister of Trade and Industry, Mr Mandisi Mpahlwa, signed a final
regulation relating to the implementation of "Country of Origin" labelling on
clothing and textiles imported into the country. This was a result of an
investigation conducted into the influx of imported goods into the country.
Most South African retail outlets have been passing off locally manufactured
merchandise as imported garments. Much of this merchandise and/or many of these
goods are imported into the country with misleading labels, which state that
goods or finished products are from South Africa when in fact they are not.
The Merchandise Marks Act is aimed at preventing the application of false
trade descriptions to goods and their sale. It also allows the Minister to
prohibit the use of certain marks. A final notice on the regulation of "Country
of Origin" labelling was issued and published in Government Gazette No. 29480
on 14 December 2006. The notice came into effect on Saturday, 14 April
2007.
In terms of the notice, Minister Mpahlwa prohibits the importation or the
sale in South Africa of merchandise or goods as specified in the schedule,
irrespective of whether such merchandise or goods were made or produced in the
Republic or elsewhere, unless
1. The following is attached permanently and prominently:
* the country in which it was produced or made
* an indication, where a South African textile manufacturer has used imported
griege fabric to produce dyed, printed or finished fabric, that such fabric has
been dyed, printed or finished in South Africa from imported fabric
* an indication, where a locally manufactured product uses imported material,
that the product is "made in South Africa from imported material".
2. The goods must conform to the South African National Standards (SABS) for
fibre content and care labelling as prescribed in terms of Notice No. 2410 of
2000, published in Government Gazette dated 30 June 2000.
3. Where the goods are reconditioned, rebuilt or remade, within the Republic or
outside, such information should be applied to them in clear eligible
wording.
4. The label should state clearly "Made in South Africa" and the product is
wholly assembled in Republic of South Africa (RSA), otherwise the product will
not qualify for such a label.
What can business do to comply?
Retailers have an obligation to ensure that when selling or importing goods
into South Africa, the merchandise or goods have sewn on, printed on, or
securely attached on to them a label indicating the country of origin. The
label should be written in English and display one of the following on it;
product is made in, produced in or manufactured in or just the name of the
country from which the goods originate.
In the case of fabric in the roll, the required information must be placed
on the tag attached thereto or on a sticker stuck to the roll. Garments
comprising sets, i.e. two-piece suits, the label with the required information
must be attached on all such pieces. A locally manufactured product using an
imported material must state that the product is "Made in South Africa from
imported material".
What to look out for as a consumer
Consumers must ensure that when they buy merchandise or goods listed in the
schedule, i.e. textiles, articles of textile, clothing, shoes and leather goods
merchandise, either from the manufacturer or retailer, a label indicating the
country of origin should be affixed on it. In terms of the regulations,
business has an obligation to ensure that consumers are provided with
information to enable them to make informed choices and decisions when buying
such merchandise or goods. Industries importing goods and textiles are
compelled to disclose the country of origin on their labelling.
Detention of goods
The Department of Trade and Industry (the dti) in collaboration with the
South African Revenue Services (SARS) and the SABS will ensure enforcement of
the regulations. SARS will randomly detain consignments to conduct inspections
and goods that do not comply with the origin-labelling requirement will be
seized.
Penalties and fines
Any contravention of the Ministerâs order is a criminal offence, punishable
by a fine not exceeding R5 000, for an article to which the offence relates to
imprisonment for a period not exceeding three years, or to both a fine and
imprisonment.
Should you require any additional information or clarification you can
contact the Education Division via the dti Customer Contact Centre:
Tel: 0861 843 384
Fax (012) 394 4873
E-mail: bhewu@thedti.gov.za
Or write to the dti at:
Consumer and Corporate Regulation Division
Private Bag X84
Pretoria
0001
Issued by: Department of Trade and Industry
19 April 2007
