Revised Laws of Saint Lucia (2022)

132.   General consumer safety requirement

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    (1)   A person shall not —

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      (a)     supply any goods which fail to comply with the general consumer safety requirements;

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      (b)     offer or agree to supply any goods referred to in paragraph (a); or

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      (c)     expose or possess any goods referred to in paragraph (a) for supply.

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    (2)   For the purposes of this section, goods fail to comply with the general consumer safety requirement if it is not safe having regard to all the circumstances, including —

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      (a)     the manner in which, and purposes for which, the goods are being or would be marketed, the packaging of the goods, the use of any mark in relation to the goods and any instructions or warnings which are given or would be given with respect to the keeping, use or consumption of the goods;

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      (b)     any applicable consumer safety standards; and

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      (c)     the existence of any means by which it would have been reasonable for the goods to have been made safer.

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    (3)   For the purposes of this section, goods are not regarded as failing to comply with the general consumer safety requirement in respect of —

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      (a)     anything which is shown to be attributable to compliance with any requirement imposed by or under any enactment; or

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      (b)     any failure to do more in relation to any matter than is required by —

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        (i)     any consumer safety regulations imposing requirements with respect to that matter,

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        (ii)     any standards of consumer safety prescribed for the purposes of this section and imposing requirements with respect to that matter, or

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        (iii)     any provision of any enactment imposing such requirements with respect to that matter as are designated for the purposes of this subsection by any such enactment.

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    (4)   In any proceedings against a person for an offence under this section in respect of any goods it is a defence for him or her to show that he or she supplied the goods, offered or agreed to supply the goods or, as the case may be, exposed or possessed the goods for supply in the course of carrying on a retail business neither knowing nor having reasonable grounds for believing that the goods failed to comply with the general consumer safety requirements.

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    (5)   For the purposes of subsection (4), goods are supplied in the course of carrying on a retail business if —

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      (a)     it is supplied in the course of carrying on a business of making a supply of consumer goods available to persons who generally acquire the goods for private use or consumption whether or not the goods are acquired for a person's private use or consumption; and

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      (b)     the description of the goods the supply of which is made available in the course of that business do not, to a significant extent, include manufactured or imported goods which have not previously been supplied in Saint Lucia.

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    (6)   A person who contravenes this section commits an offence and is liable on summary conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 2 years or to both.