Revised Laws of Saint Lucia (2021)

Standards Regulations – Section 37

(Statutory Instrument 10/2000)

Statutory Instrument 10/2000 .. in force 5 February 2000

ARRANGEMENT OF REGULATIONS

PART 1
DECLARATION OF STANDARDS

PART 2
USE OF THE STANDARD MARK

PART 3
DESIGNATION OF LABORATORIES AND TESTING FACILITIES

PART 4
FEES

PART 5
TESTING OF ARTICLES SUBMITTED OR SEIZED

PART 6
ADVERTISING, LABELLING AND PACKAGING

PART 7
COMPULSORY STANDARDS

STANDARDS REGULATIONS – SECTION 37

Commencement [5 February 2000]

PART 1
DECLARATION OF STANDARDS

1.   Citation

These Regulations may be cited as the Standards Regulations.

2.   Appointment of technical committees

The Director of the Bureau of Standards (in these Regulations referred to as “the Director”) may in consultation with the Council appoint technical committees to assist in the formulation or adoption of specifications.

3.   Publication of notice to declare a standard

1.  

   (1)   Where the Bureau formulates or adopts a specification and proposes to declare that specification a standard, it shall publish a notice to that effect in 3 consecutive issues of the Saint Lucia Gazette and at least 3 notices in different newspapers in circulation in Saint Lucia.

1.  

   (2)   The notice under subregulation (1) shall invite comments from the public on the specification or on the proposal to have it declared a standard, and shall state the—

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      (a)     title and scope of the specification;

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      (b)     address at which details of the specification may be obtained;

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      (c)     last date on which comments may be submitted;

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      (d)     name or other designation of any other specification from which the subject specification was drawn or from which it was adopted.

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   (3)   Where it is proposed that the specification be declared a compulsory standard, the notice shall so indicate and shall in addition to the matters set out at subregulation (2)(a), (2)(b), (2)(c) and (2)(d) state the date from which it is proposed the compulsory standard shall have effect and the reasons for proposing a compulsory standard.

4.   Comments to be forwarded to technical committee

1.  

   (1)   The Director shall forward to the technical committee that assisted in the formulation or adoption of the specification for its recommendations, all comments received in response to the notice referred to in regulation 3 and the technical committee shall report thereon to the Director.

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   (2)   The report may include a recommendation that the specification be modified or amended before being declared a standard.

5.   Compulsory standard

Where it is proposed to declare a compulsory standard the Director shall furnish the Minister with—

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   (a)     the specification as formulated or adopted by the Bureau;

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   (b)     the report of the technical committee (if any) on the public comments received and the Bureau's recommendation on the matter; and

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   (c)     copies of the notices published under regulation 3 and informed of the dates of their publication.

PART 2
USE OF THE STANDARD MARK

6.   Standard Mark

1.  

   (1)   For the purpose of this Part “licensee” means a person who holds a valid licence to use the standard mark in connection with any goods, service, process or practice.

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   (2)   The Saint Lucia Standard Mark (in these Regulations referred to as “Standard Mark”) is as set out in Schedule 1.

7.   Application for licence to use Standard Mark

1.  

   (1)   Application for a licence to use the standard mark on any goods or in connection with any service, process or practice, shall be made in writing in the form set out as Form A in Schedule 2, and shall be accompanied by the requisite application fee, prescribed by the Minister.

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   (2)   Where an application is refused, ¹/₂ of the application fee shall be refunded to the applicant.

8.   Bureau to undertake inspections of premises, etc.

1.  

   (1)   In order to be satisfied that the statements made in the application are true the Bureau shall undertake such inspections of premises, raw materials, components, quality control methods and procedures, quality and environmental management systems and records, testing facilities and records of tests carried out, as may be necessary in every case.

1.  

   (2)   The cost of all goods, raw materials and components required to be tested by the Bureau shall be met by the applicant.

9.   Licence to expire on 31 December

A licence to use the standard mark shall expire on 31 December of each year but may be renewed upon application being made thereof and on payment of the requisite fee.

10.   Licence to relate to specific goods, etc.

A licence shall relate only to such goods, services, processes or practices as are specified in the licence and may contain such terms and conditions as the Bureau may determine.

11.   Revocation of licence

The Bureau may revoke a licence where any of its terms and conditions are violated or upon discovery that any statement in the application was false, deceptive or misleading.

12.   Bureau to prevent continued use of Standard Mark

Where a licence is revoked, the Bureau shall take all reasonable steps to prevent the continued use of the standard mark in connection with the goods, services, processes or practices specified in the licence and shall require the licensee to obliterate or remove the standard mark from any marking device or die from any goods, wrapping material, packaging or advertising matter on which the licensee was authorised to use it under the licence.

13.   Bureau to keep register of licences

The Bureau shall keep a register of licences issued and the register shall contain—

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   (a)     the name and address of the licensee;

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   (b)     the goods, service, process or practice named in the licence; and

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   (c)     the dates of issue, renewal or revocation of the licence.

14.   Names of licensees to be published

The names of licensees and the goods, services, processes or practices in connection with which such licensees may use the standard mark shall be published at least, annually in the Gazette and newspapers, for public information.

15.   Bureau to charge fees for use of Standard Mark

The Bureau shall charge fees for a licence to use the standard mark in connection with any goods, and such fees shall be based on the sale of the goods, the frequency of the use of the standard mark, the necessity to purchase samples for testing and on such other considerations as the Director may deem appropriate.

16.   Use of mark, other than Standard Mark

Where the Bureau has issued a licence for the use of the standard mark in connection with any goods, some other mark representing compliance with specifications formulated or adopted elsewhere than in Saint Lucia may be used in connection with these goods only with the consent of the Bureau and of the organisation that controls that other mark.

PART 3
DESIGNATION OF LABORATORIES AND TESTING FACILITIES

17.   Definitions

For the purpose of this Part—

“laboratory” means an undertaking engaged in tests, investigations or research, whether or not for reward and using specification test, which is managed, directed or operated by persons qualified and trained in science, engineering or technology;

“specification test” means a method of test that is—

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   (a)     included in or referred to in a specification;

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   (b)     published by the Bureau or by an organisation recognised by the Bureau as competent in designing methods of test of a type useful in applying specifications; or

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   (c)     recognised by the Bureau as applicable to any specified goods, service, process or practice;

“testing facilities” includes the equipment and personnel necessary for carrying out a specification test.

18.   Designation of laboratories

The Council may appoint a committee consisting of the Director and persons qualified by reason of their training, skills and experience to assist in the designation of laboratories and testing facilities.

19.   Requirements of designation

A laboratory or testing facility designated by the Director for the purposes of the Act, shall—

1.  

   (a)     be equipped to carry out specification tests;

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   (b)     be staffed by competent and experienced personnel with training to undertake specification tests;

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   (c)     be kept in good repair and its equipment calibrated as the Bureau may require;

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   (d)     maintain records of specification tests carried out;

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   (e)     charge fees as prescribed by the Minister for specification tests and reports.

20.   Application for designation to be made to Director

1.  

   (1)   Application for the designation of a laboratory or testing facility shall be made to the Director in writing and shall include—

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      (a)     details of the scientific, engineering and technological apparatus with which the laboratory or testing facility is equipped and of the arrangements for their proper maintenance and repair;

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      (b)     names, training, qualifications and experience of persons who would sign reports of specifications tests, and specimens of those persons' signatures;

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      (c)     a statement of the goods, services, processes or practices which the laboratory or testing facility is competent and willing to investigate;

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      (d)     such other information as may be relevant or that the Director may require;

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      (e)     reports.

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   (2)   In the case of a laboratory or testing facility in Saint Lucia the application shall be accompanied by an undertaking from the applicant—

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      (a)     to allow the Bureau to inspect the laboratory or testing facility, its apparatus and equipment; and

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      (b)     to maintain the apparatus and equipment in a state of repair including calibration as the Bureau may require.

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   (3)   In the case of a laboratory or testing facility out of Saint Lucia the application shall be accompanied by a certificate issued by a competent authority or person, acceptable to the Bureau, that the statements in the application are true and that the laboratory or testing facility is recognised in its own country for testing such goods, services, processes or practices as are specified in the certificate.

21.   Bureau may designate without application being made

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   (1)   The Director may designate a laboratory or testing facility for the purpose of the Act, without application being made in any case where the laboratory or testing facility is—

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      (a)     a department of Government or a statutory authority or is otherwise in receipt of public funds;

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      (b)     an educational or research institution competent to carry out specification tests or specialised investigations involving such test and in receipt of public funds;

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      (c)     owned, operated, designated or certified as competent by an organization outside Saint Lucia charged with the formulation, application and enforcement of specifications.

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   (2)   In the case of a laboratory or testing facility designated under this regulation the Director may direct that the holder of a specified post who is qualified by training and experience shall sign reports of specification tests.

22.   Notice of designation to be published in Gazette

Notice of the designation of a laboratory or testing facility and notification of every revocation thereof shall be published by the Bureau in the Gazette and in at least 3 newspapers in circulation in Saint Lucia.

23.   Bureau to publish list of designated laboratories

Within one year after these Regulations come into operation and thereafter annually, the Bureau shall publish a list of designated laboratories and testing facilities and names of persons who, for the purpose of the Act may sign reports of specification tests.

24.   Designated laboratory may charge a fee for a test report

A laboratory or testing facility designated by the Director may charge a fee specified under regulation 26 for a report of a specification test where that report is intended to be used as evidence in court, except that, that fee may be waived on the authority of the Bureau where the test was carried out for the Bureau or for a consumer whose complaint is being investigated by the Bureau (with a view to commencing legal proceedings).

25.   Report, prima facie evidence of statements therein

1.  

   (1)   A report of a specification test issued by a laboratory or testing facility designated by the Director and signed by the person named by the Director for that purpose shall be prima facie evidence of the statements contained in the report.

1.  

   (2)   Reports intended for use in legal proceedings shall be in the form set out as Form B in Schedule 2.

PART 4
FEES

26.   Publication of table of fees by Minister

1.  

   (1)   The Minister may by Notice, published in the Gazette, specify fees including the application fee for a licence, payable for the services of the Bureau but may at any time waive such fees in respect of any person.

1.  

   (2)   Despite subregulation (1) the Minister may on the advice of the bureau by notice, published in the Gazette, specify fees chargeable for examinations, inspections, specifications or other tests carried out by a laboratory or testing facility in respect of any goods, service, process or practice for which a compulsory standard has been declared or where a specification is commonly recognised as applicable.

PART 5
TESTING OF ARTICLES SUBMITTED OR SEIZED

27.   Bureau to ensure goods are tested

Where goods intended for export are submitted for examination or testing in compliance with a requirement of the Bureau made under section 23 of the Act, or where goods are seized under section 26(2)(e) of the Act, the Director shall ensure that such goods are tested or examined by a laboratory or testing facility designated for the purpose.

28.   Bureau to purchase samples

Except in the circumstances referred to in regulation 27 or where compliance with a compulsory standard is in question, the Director shall purchase all goods or articles required for testing in order to determine whether they comply with a specification or whether the conditions attaching to the use of the standard mark in connection with those goods or articles have been fulfilled.

29.   Goods for testing to be marked, labelled and packaged

Goods submitted for examination or seized or purchased by the Bureau for testing shall be marked, labelled and packaged so as to be clearly identifiable and protected from reasonably foreseeable damage and delivered at the laboratory or testing facility where the required tests or examinations are to be carried out.

30.   Where duplicate samples requested

1.  

   (1)   Where the manufacturer or vendor of any goods or articles taken or seized under the Act requests that a duplicate sample be taken for testing or examination, the person, taking or seizing the goods or articles similar to those taken or seized shall mark them so that they may be clearly identified and package them to protect them from foreseeable damage and label the package “Duplicate Sample” and deliver the package to the manufacturer or vendor, as the case may be.

1.  

   (2)   Where the manufacturer or vendor of any goods, taken or seized under the Act does not request a duplicate sample, the person taking or seizing the goods or articles may purchase a duplicate sample or may divide the goods or articles taken or seized into 2 similar parts marking one part “Duplicate Sample”.

31.   Court may order test

In any proceedings under the Act, the court may order that the duplicate sample referred to in regulation 30 be tested or examined.

32.   Disposal of samples

1.  

   (1)   Goods or articles seized or taken for testing or examination and not consumed shall be returned to the manufacturer or vendor, as the case may be.

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   (2)   Samples purchased by the Bureau shall be disposed of as the Council may determine taking into consideration the appropriate technical advice.

PART 6
ADVERTISING, LABELLING AND PACKAGING

33.   Definition

In this Part “advertisement” includes any representation by any means whatever for the purpose of promoting directly or indirectly the sale or disposal or use of any goods, service, process or practice.

34.   Approval of Bureau

The Director may direct that any advertisement, label, or package used in connection with any goods, service, process or practice for which a compulsory standard has been declared, be published or used in trade, only with the approval of the Bureau.

35.   Bureau may require withdrawal of advertisement

Where a compulsory standard is declared for the purpose of advertising, the Director may require that an advertisement in violation of that standard shall be withdrawn from publication and amended as the Bureau may direct in order to bring it into conformity with the compulsory standard.

36.   Offence and penalty

Any person who advertises, labels or packages contrary to any direction of the Director or without obtaining the approval of the Director where such approval is required commits an offence and, is liable on summary conviction to a fine not exceeding $10,000 and to an additional penalty of $1,000 for every day on which the offence continues or to imprisonment for 6 months.

PART 7
COMPULSORY STANDARDS

37.   Bureau may petition Court

Where a compulsory standard is declared for any goods, the Director may petition the court to order any person manufacturing such goods in Saint Lucia to cease manufacturing the goods after a specified date, if in the opinion of the Director that person is unable to comply with the compulsory standard.

38.   Imports to be tested on entry

1.  

   (1)   Where a compulsory standard is declared for any goods, importation of the goods shall, subject to subregulation (2) be sampled and examined on entry before being delivered out of the charge of Customs authorities.

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   (2)   Samples of imports may be taken without the payment of import duties or other taxes or charges, to a laboratory or other testing facility to be tested at the expense of the importer.

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   (3)   Where samples of imports are found from examination or testing not to comply with the relevant compulsory standards, the Director shall send a report of the examination or test to the Comptroller of Customs and to the importer and subject to sub-regulation (4) the imports shall not be admitted.

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   (4)   Where in the opinion of the Director the imports may be modified so as to effect compliance with the compulsory standard the imports may be admitted for the modification to be carried out to the satisfaction of the Bureau.

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   (5)   In any other case, or where the modification is not to the satisfaction of the Director, the imports shall not be admitted.

39.   Bureau may waive sampling

The Director may in consultation with Council waive the requirement of sampling and examination of any shipment of goods to which regulation 38 refers where—

1.  

   (a)     a sample of similar goods from the same country of origin has been examined or tested by a laboratory or testing facility designated by the Director and found to comply with the compulsory standard; or

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   (b)     a sample of goods taken from the same shipment has been examined or tested in the country of origin by a laboratory or other similar institution, recognised by the Bureau and found to comply with the compulsory standard and a certificate of the examination or test has been submitted to and accepted by the Bureau.

40.   Locally manufactured goods may be exported

Goods manufactured in Saint Lucia for which a compulsory standard intended to ensure quality produced for export, is declared, may be exported only if the Bureau issues a certificate to the manufacturer stating that the goods conform to the compulsory standard.

41.   Offences and General penalty clause

A person who contravenes any Regulation for which a penalty has not been prescribed in this Act commits an offence and is liable on summary conviction to a fine not exceeding $10,000 or to imprisonment for 6 months.