(1) A supplier of goods shall not display, offer to supply or supply any goods, other than goods that are exempt under subsection (3), unless a trade description of the goods is —
(a) applied to the goods, or to any covering, label or reel in or on which the goods are packaged, or attached to the goods;
(b) displayed together with, or in proximity to, the goods in a manner that is likely to lead to the belief that the goods are designated or described by that description; or
(c) contained in any sign, advertisement, invoice, wine list, business letter, business paper, or other commercial communication on the basis of which a consumer may request or order the goods.
(2) A supplier of goods shall —
(a) not offer to supply, display, or supply any goods if the supplier knows, reasonably could determine, or has reason to suspect, that —
(i) a trade description applied to the goods is likely to mislead the consumer as to any matter implied or expressed in that trade description, or
(ii) a trade description or trade mark applied to the goods has been altered as contemplated in subsection (4); and
(b) with respect to any goods within that person's control, take reasonable steps to prevent any other person from doing anything prohibited in paragraph (a).
(3) The Minister may make Regulations to —
(a) exempt particular goods or a category of goods from the application of subsection (1) if —
(i) the goods, or that category of goods, are subject to regulation under any other enactment, and the Minister is satisfied that the regulatory scheme provides for adequate disclosure of information to the consumer to achieve the purposes of this section, or
(ii) the information required under this section is self-evident given the nature of the goods, and the manner and circumstances in which the goods are customarily made available for supply to the public; or
(b) prescribe circumstances of displaying or selling particular goods or a category of goods, which if satisfied, would exempt the goods from the application of this section.
(4) A supplier shall not —
(a) knowingly apply to any goods a trade description that is likely to mislead the consumer as to any matter expressed or implied in that trade description;
(b) alter, deface, cover, remove or obscure a trade description or trade mark applied to any goods within his or her control in a manner calculated to mislead consumers.
(5) A supplier shall take reasonable steps to prevent any other person under his or her control from doing anything prohibited in subsection (4).
(6) A supplier who contravenes this section commits an offence and is liable on summary conviction to a fine not exceeding $5,000 and in default of payment of the fine, or to a term of imprisonment not exceeding 2 years or to both.
(7) Nothing in this section limits the supplier's duty to comply with any standard declared by the Bureau.
(8) In this section, “trade description” means any description, standard, statement or other direct or indirect indication, except a trade mark, as to —
(a) the size, number, quantity, measure or weight of any goods;
(b) the name of the producer of any goods;
(c) the ingredients of any goods, or material of which any goods is made;
(d) the place or country of origin of any goods;
(e) the mode of manufacturing or producing any goods;
(f) any goods being the subject of any patent, privilege or copyright; or
(g) any figure, work or mark, other than a trade mark, that, according to the custom of the trade, is commonly understood to be an indication of any matter contemplated in paragraphs (a) to (f).