Standards Act (Act No. 14 of 1990)

2. Interpretation. PART l ESTABLISHMENT AND FUNCTIONS OF BUREAU

3. Establishment of Bureau of Standards.

4. Func:ions of the Bureau of Standards.

5. Bureau to advise manufacturers on quality control.

6. Appointment of Director and Staff of the Bureau. PART U ADMINISTRATION OF THE BUREAU

7. Standards Council.

8. Appointment of Council Members.

9. O1airing of Council Meetings.

10. Tenure of Office of Council Members. I 1. Resignation of Council Membe~.

12. Pu_blication of membership of Council.

13. Meetings and quorum of Council.

14. Conflict of interest. I 5. Bureau's seal and authentication of documents. J6. Immonity of Council members.

17. Appointment of committees and co•opting of members. PART III BUSINESS OF TIIE BUREAU

18. Declaration an!i publication of standards.

19. Voluntary and compulsory standards.

20. Standard Mark.

21. Licences to use Standard Mark.

22. Restriction on the use of the word " Standard ":

23. Testing of goods for compliance with compulsory standards.

24. Prohibition of sale or export of rejected goods.

25. Examination of imported goods.

26. Appointment and po,ver.s of Inspectors. 60. ~.dtcl ~-;iiN -~- -....--~---... ~ Standards Act [1990 I ASSENT. [L.S.] STANISLAUS A. JAMES, A cling Governor-G.eneral. SAINT LUCIA No. 14 of 1990. AN Acr to provide for the preparation and promotion of standards in relation to goods, services, pro- resses and practices by the establishment and . operation of a Bureau of Standards to define the · powers and functions of the Bureau of Standards and for-matters incidental thereto. [ 15th Decen1ber, 1990. l BE IT ENACTED by the Queen's Most Excellent Majesty, by· and -with the advice -and consent .of the House of Assembly and the Senate of Saint Lucia, and by the authority of the same, as fallows : · l. This Act may be cited as the Standards Act;1990. Short Title No. 14.] Standards Act [1990. Interpretation. . ,2, ltt. this ,Act " code of practice H means a description of the method of production of any goods, or of the execution of any service, process or pr~ctice by which in the opinion of the Bureau a per~ son adhering to it is able to produce goods or offer services which are likely to comply wifh • • :. ,a .s~ci~cati9n .Qf standard ;. • ,·. ~ ,.._ , ~ • ' ' f. lo' t f• .• •.:-" \ ' ,I. • •! ! c "conipulsocy· standard'' means a staridard. ·so declared by Order of the Minis~er undersec .._ tion 19; "Council" means the National Standards Coun- cil established by section 7; _~'g90d~ " means commodities which are the sub- .ject of trade or commerce ; " Minister ,, means the Minister charged with the responsibility for standard matters; "practice n -includes advertising, labelling or packaging; •• specification '' means a description of any goods, services, process or practice by reference to its nature, quality, strength, purity, safety~ com- posiHon, quantity,- dimensions, weight, grade, durability, origin, age, or other characbris~ tics, and includes guidelines for a process or -prac♦ice, tables of-data and a code of practice; "standard " means a specification declared by the Bureau to be a standard. PART I '_ ESTABLISHMENT AND FuNCTIONS OF:BUREAU . - - . - Establishment 3. There is estab_lished a body corpor~te to be k.tio»11i of Bureau as the Saint Lucia Bureau of Standards (in this Act of Standards. called the Bureau) with perpetual succession and a com- 63 Standards Act _[ 1990. com seal, and with power to acquire, hold and dispose of land and other property, to enter into contracts and to do_ a:U things necessary for the purpose of its functions. -4.-(1) The Bureau shall promote and encourage the Functions of maintenance of standards -~ the Bureau of Standards. (a) for the improvement of goods produced or used in Saint Lucia ; (b) for services produced or used in Saint Lucia; ·and (c) in relation to processes and practices, for ensuring industrial efficiency and development and promoting public and industrial welfare and health and safety for safeguarding the environment and shall exercise such other functions as may be prescribed. - (2) For the purposes of subsec'ion (1) the Bureau may- (a) promote the general adoption and implementa- tion of standards relating to structure, goods, materials, processes, practices, operations and other matters, on a national and international level; (b) promote· research in relation to specifications, establish or designate laboratories and testing facilities, and provide for the examination and testing of goods, services, processes and practices; (c) inspect or cause to be inspected - (i) any operations carried out a'nd any books or records, in connection with the production, manufacture, processing or treatment of any goods;and (ii) the execution of any services, processes or practioe for which a compulsory standaTd has been dec1ared or for which application has been made to use the Standard Mark. 64 No. 14.J Standards Act • (d) declare standards and keep the standards under review; (e) collect and publish for public information and · guidance, data·· relating to specifications and standards ; (f) encourage and undertake educational pro- grammes relating to standards ; ~··(g) j)r_ovi_de.:: for\'J1le ·: examination, testing and calibration of instruments, appliances and apparatus; (h) co-operate with and advise manufacturers in · setting up quality control systems and preparing standards; (l) do such other things as may be expedient or necessary to secure the proper execution of the purposes of this Act. Bureau to 5.-0) In addition to the functions specified in sec- advise manufacturer~ tion 4 the Bureau may provide advisory services for on crnality manufad.urers as to the type and methods of quality control. control applicable to their products and may undertake the training of manufacturing staff in quality control. (2) The Bureau shall have the power to charge fees for'services rendered under this section . Appointment . 6.-(1). The Minister shall, after consultation with of Director and Staff of the Council, by notice published in the Gazette the Bureau. appoint a Director of the Bureau who:shal~.be the Chief Executive of the Bureau. · · (2) The --council ·shaJI, after consultation with the Director appoint such members and staff of the Bureau as the Council may deem necessary for the proper per- f orniance of the functions of the Buteau under this Act. 65 No. 14.] Standards Act [1990. (3) No sum in excess of twenty~five thousand dollars may be assigned as the annual salary to a post in the Bureau without the approval of the Minister. (4) An officer may, with· the approval of the Public Service Commission, be transferred on secondment, to · (a) ·from the public service the -Bureau ; or · (b) from the Bureau ·to the public service. (5) When an officer is transferred pursuant to sub- ~ection {4), the Bureau shall make such arrangemen,s as are necessary to preserve the right of the officer to any pension, gratuity or other benefit to which he w9u1d have been entitled had the transfer hot been ~ffecte~. PART II ADMINISTRATION OF DIE BUREAU

7. The general administration of the affairs of the St11ndards . Bureau shall be carried out by the Standards Council Council. (in ·tpis Act called the Council) consisting of not less than eleven and not more than fifteen members.

8. The Council shall comprise the following: Appointment (a) two persons nominated by the Minister in his of Council members. discretion, one of whom shall be appointed Chairman, and the other Vice-Chainnan of the Council; · (b) four persons nominated from the private seer tor, one each to be nominated by the Chamber ·of· Commerce, the Saint Lucia Industrial and Small Business Association, the National Farmers' ··- Association and the Consumer~s Association or in the absence of the Con- sumer's Association such person as may be deemed to represent the· consumer ; 66 No~ 14.J Standards Act [1990. (c) three persons· nominated by the Minister from the public. sector, each of whom is employed in a senior capacity in the Ministries of Agricul- ture, Health and Trade ; (d) two eko/ficio members, one being the Direc• tor or the Bureau/ Standard Unit, who shall also be Secretary to the Council and the other being .the .Manager\:,f. the National Develop- ment Corporation or his nominee ; and (e) such other persons not being more than four with qualifications in fields relati'ng to standards or experience in business or members of organi- sations committed to the maintenance or pro• motion of standards, as the Minisfer· may determine. Chairman of 9. Where the Chairman is absent or unable to act Council Meetints. the Vice Chairman shall preside at Council Meetings. In case both the Chairman or Vice Chairman are absent or unable to act, the members of the Council present at a meeting shall elect one of their members to presid~ ~s_ Chairma·n. Tenure of ·10;-(1) The Minister shall appoint members nomi~ Office of Council nated to the Council by instrument in wrl.ting for a Members. period not exceeding three years and a member so appointed is e1igible for reappointment on the expira~ tion of his period of office. (2) The Minister may terminate the appointment of the Chairman or any other nominated member of the Council who - (a) becomes of unsound mind or incapable of carry- ing out his duties ; (b) becomes bankrupt or compounds with, or sus- pends payments to his creditors ; 67 No. 14.] Standards Act (1990. (c) is convicted and sentenced to a term of imprisonment ; (d) is convicted of any offence involving dis- honesty; (e) is guilty of misconduct in relation to his duties ; (f) is absent, except on leave granted by the Coun- cil, from three consecutive meetings of the Council; or (g) fails to carry out any of the functions conferred or imposed on him under this Act.

11. A member of the Council, other than members Resignation of Council nominated by the Minister under section 8 (c), may re- members. sign his office at any time by letter addressed to the Minister, and conveyed through the Chairman and such resig:nation takes effect from the date the letter is received by the Minister.

12. The names of the members of the Council shall Publication of membership be published in the Gazette, and any subsequent change of Council. in the members of the Council shall be similarly gazetted.

13.-(1) The Council shall meet at least once in every Meetinws and quorum of quarter and at such other times as may be necessary or Council. expedient for transacting the business of the Bureau. (2) Where the Council consists of not more than eleven members the quorum shall be five and where the Council consists of more than eleven members the quorum shall be seven. (3) The decision of the Counicl shall be taken by a majority of the votes.

14.-(l) A membeir of the Council whose interest Conflict of interest. may directly or indirectly be affected by a decision of the Council on any matter shall disclose the nature of 68 No. 14.] Standards Act [1990. his interest at the first meeting of the Council at which he is present after the relevant facts have come to his knowledge. (2) A disclosure under subsection (1) shall be re• corded in the minutes of the meeting of the Council and after the disclosure the member concerned may not vote on the matter, and unless otherwise directed by the Council shall not be present at any meeting when the matter is being decided by the Cou·ncil. Bureau•s 15.~(l) The Seal of the Bureau shall be kept in the Seal and custody of the Secretary of the Council and shall be autheutkation of documents. authc;mticated by the Chairman or in his absence, by the Vice Chairman and the Secretary of the Council. (2) All documents other than those required to be under seal and all decisions of the Council may be authenticated by the Chairman or the Secretary. Immunity of 16.-(1) No action, suit, prosecution or other pro- Council ceedings may be brought or instituted against a mem- members. ber of the Council in his personal capacity, in respect of any act done or ommitted to be done by him in good faith in execution or purported execution of his duties under this Act. (2) Where a member of the Council is exempt from liability by reason only of this section the Bureau is liable for the acts of the member on the principles of agency. Appointment 17.-(1) The Council may appoint committees for the of committe~s better regulation and management of any matter with and co-opting of members. which the Council is concerned and may determine - (a) the number of members of a committee so appointed; 69 No. 14.] Standards A ct [1990. (b) the terms of appointment of the members; (c) the quorum of the committee; (d) the functions of the committee as a whole and of individual members; and (e) the area and scope of the committee's authority. (2) The Council may co-opt members to a committee appointed under subsection (1) and in such case section 14 applies to the co~opted member as it applies to a Council member. PART III BUSINESS OF THE BUREAU

18.-(1) The Bureau may declare a specification to Declaration and publicatk,n be a standard 1nd a standard to be a Saint Lucia of standard,-. Standard. (2) No specification may be declared a standard and no standard may be varied or revoked unless the Bureau is satisfied that persons who may be affected thereby have had an opportrunity to consider and comment on the standard. (3) The Bureau shall keep a copy of every standard and every variation of a standard available for public inspection and shall cause every declaration, variation or revocation of a standard to be published in the Gazette, and in such other publication as the Minister may direct. (4) The Bureau may adopt any international speci- fication or other specification formulated outside Saint Lucia where it is impractical to formulate its own specification. 19.~(1) A standard may be voluntary or compul- Voluntary and compulsory sory · standards. (2) A standard which is intended primarily - 70 No. 14.) Standards Act ··[1990. Ca) to protect the consumer or us(fagainst danger to health or safety ; (b) to prevent fraud or deception arising from mis- leading advertising or labelling·; (c) to ensure quality in goods produced for export; (d) to require adequate information to be given to the consumer or user ; (e) to ensure quality in any case where the choice of source of supply is restricted ; or (f) to generally ensure the quality of goods and services; may on the recommendation of the Bureau, be declared by Order of the Minister to be a compulsory standard. (3) An Order made under subsection (2) shall state the purpQse for which the standard is intended. (4) The Minister shall, by Notice published in the Gazette, give at least thirty days notice of his intention to make an Order to declare a standard to be a compul- sory standard and shall in the Notice indicate the date on which it is intended that the compulsory standard shall come into effect. standard Mark. 20. The Minister may on the recommendation of the Bureau prescribe a mark which shall be called the Saint Lucia Standard Mark (in this Act called the Standard Mark), the property of which vests in the Bureaull and which shall be used in relation to goods, services, pro- cesses or practices .to signify conformity to a standard. Licences to use ·21.-(1) A person desiring to use the Standard Mark 5tandard Mark. in connection with any goods, service, process or prac- tice shall make application to the Bureau in such man- ner as may be prescribed. (2) The Bureau may, if satisfied that the goods, set- vice, process or practice conforms to a standard, grant a licence to the applicant ·10 use the Standard Mark 71 No. 14.] Standards Act '[1990. upon such terms and conditions, including the payment of a -fee, as may be prescribed.

22.-(1) No person shall carry on a business or per- Restriction on form any function under a name which contains the the use of th -'= word word "Standard" without the consent of the Bureau. "Standard.,- (2) Where a written law provides for the registration of an association of perso·ns, the registering authority shall refuse registration if in its op.inion the use of the name by which the association desires to be registered is prohibited by subsection (1). (3) This section does not apply to a name that was in use in Saint Lucia before the commencement of this Act.

23.-(1) The Minister may - Testing of goods for · ' _ (a) direct the bureau; or compliance with (b) by letter authorise the Bureau to obtain the ser- compulsory - vice of a public officer or other person having standard. ·such qualifications as. may be prescribed ; to test or examine the quality of any goods for which a compulsory standard has been declared. (2) The :Sureau or a public officer or other person as mentioned in subsection (1) -(b) may require any person in Saint Lucia to l)ubmit goods ma·nufactured by him for testing or examination wl1ere - (a) that person has a licence to use the Standard Mark in respect of ·the goods ; or (b) a compulsory standard has been declared for the goods, _(3) The Bureau may - (a) certify that the goods comply with ; or . . (b)- report that the goods do not comply with 72 No. 14.] Standards Act [1990. a standard or specification where the standard is volun- tary or where a foreign specification exists with respect to certain goods. Prohibition of sale or export 24. Where a standard is compulsory and goods tested of rejected or examined under section 23 fail to conform to the goods. standard, the goods shall not be exported or released for home use, unless the goods are clearly stamped or marked with the words u rejects " or " seconds ,, .ol' " imperfect ,, or other similar words as may be pre- scribed: Except that, where the compulsory standard is declared to protect the consumer or user against danger to health or safety, the goods may neither be exported nor released for home use, but shall be disposed of as the Bureau thinks fit. Examination 25.-(l) Notwithstanding the provision of any other of imported goods. law, the Bureau may authorise a member of its staff to examine goods manufactured outside Saint Lucia and any custom entries relating to such goods, where a standard is declared for the goods. (2) The Minister may in writing - (a) authorise a public officer ; or (b) retain at a fee to be prescribed a suitable qua1i- fied consultant to assist the staff of the Bureau in an examination carried out under subsection (1). (3) A person who examines goods under thls section may take and submit samples of the goods for testing or analysis. (4) Where goods imported into Saint Lucia bear a mark so closely resembling the Standard Mark· as to be misleading or which falsely represents a mark of com~ pliance with a specification formulated or adapted out- 73 No. 14.J Standards Act - [1990. side Saint Lucia, the goods shall not be entered for home use unless the mark is removed or substantially changed. (5) Where a standard is compulsory, goods produced or manufactured outside Saint Lucia may be entered for home use if - (a) upon an examination of samples the goods comply with the standard ; or (b) the goods are accompanied by a certificate of examination and compliance with the standard issued by a laboratory or other similar institu• tion in the country of origin, recognised by the Bureau. (6) In this section and in section 24, "home use" means consumption in Saint Lucia.

26.-(1) For the purpose of monitoring compulsory Appointment and powers of standards, or eliminating any process or practice the Inspectors. effect of which adversely affects the environment, the Minister may on the advice of the Bureau designate employees of the Bureau or public officers to be Inspec- tors and shall provide every Inspector with documen- tary evidence of his designation. (2) An Inspector may at any time with or witbout a warrant issued by a Magistrate enter a place - (a) Where he has reasonable grounds to believe that an article to which this section applies is manufactured, prepared, stored or offered for sale, to examine and take samples of the article; or (b) where he has reasonable grounds to believe that an article to which this section applies is carried out to inspect or investigate the activity and take samples of any article, material or substance relating to the activity ; and while there may 74 No. 14.J Standards Act [ 1990. (c) open and examine any receptacle or package that he has reasonable grounds to believe con- tains an article to which this section applies ; (d) examine and make copies of or transcribe ex- tracts from any book, document or other record found in the place which he has reasonable grounds to believe contains infonnation rele- vant to the enforcement of this Act ; and (e) seize and detain for such time as may be necessary, any article by means of which or in relation to which he has reasonable grounds to believe any provision of thjs Act has been infringed. (3) A Magistrate shall issue a warrant under this section where he is satisfied by sworn information in ~riting that admission to any premises has been re- fused, or that refusal is apprehended or that a request for admission could defeat the purpose oft.be entry. (4) In this section - (a) " article to which this section applies " means any goods for which a compulsory standard is declared and includes - (i) anything used in the manufacture, testing, preparation, processing, pack- aging, storage or sale of the goods ; and (ii) any label.ling . or. advertising material referring to the goods, whether or not bearing the Standard Mark; and (b) "activity to which this section applies" includes any process or practice for which a compulsory standard has been declared and anything used in the performance of the process or practice. 75 No. 14.] Standards Act [1990. (5) Where an Inspector enters a place pursuant to this section) the owner or person in charge of the place and any servant or agent present at the time shall give to the Inspector alJ reasonable assistance and shaII fur- nish him with such information as be may reasonably requ1re. (6) An Inspector may in his discretion leave any article seize:l under subsection (2) (e) in the place where it was seized or remove it to be stored in another place, and upon being satisfied that this section has been com- plied with shall release all seized articles not destroyed by testing. (7) Where an article is seized under subsection (2) (e) and the owner or person from whom the article is seized consents to its destruction, the article forfeits to the s•ate and may be destroyed or otherwise disposed of as the Minister may direct. (8) An Inspecf or may prosecute in courts of sum- mary jurisdiction in cases arising from violation of this AcL PART IV MISCELLANEOUS

27.-(1) The Bureau shall investigate complaints Complaints. regarding goods, services, processes and practices referred to it by consumers and users and may institute legal proceedings against the manufacture or other per- son supplying the defective goods or service or engaged in the defective process or practice. (2) Where upon representations made by the Bureau the Court is of the opinion that any goods, service, pro- cess or practice is dangerous to the public, the Court may order the manufac~urer of the goods or the person supplying the service or engaged in the process or practice to cease operations of that service, process or practice. 76 No.: 14.] Standards Act [1990. Finance. 28. The Bureau shall be financed by moneys approp,. riated by Parliament for the purpose, by fees charged for examination, testing, certification, use of the Stan- dard Mark and for any service rendered under section 5:.and by Gqvermnent grants and subsidies. Accounts and ," :29.-(l) The· Bureau shall keep proper accounts and reco rds· oth er record s m · re Iahon . to its . b usmess . and sh a 11 pre~ pare ~nnually a sta~ement of accounts in a fonn satis- factory to the ·Minister. (2) Accounts kept in accordance with subsection ·( 1) shall be submitted to be audited from time to time with vouchers to the Director of Audit or· such other auditor as_the Minister may approve. Ahnual 30.-(1) The Bureau shall, as soon as practicab1e Reports. after the end of each financial year., cause to be made and. · transmitted ~ . . . fo the Minister -- . (a) a statement of its accounts audited in accord~ ance with section 29 (1) ; (b) a report dealing generally with activities of the Bureau during the financial year, and contain- fog such information relating to the proceed• ings and policy of the Bureau. (-2) The Minister shall cause a copy of the report to- gether with -the annual statement of accounts and the auditor's report thereon to be laid on the respective tables of both Houses of Parliament. Returns. 31. The Bureau shall furnish the Minis•er with such returns, accounts and other information as he may req11ire with respect to the activities of the Bureau, and shall afford to him· facilities .for verifying such informa- tion in such manner and at such times as he may reason- ably require. 77 No. 14.J Standards Act ;[)990 . . 3~. A. person who - Offences. (a) sells, offers for sale or supplies to another per- son any goods, service, process or practice for which a compulsory standard is declared and which does not conform_ to that standard ; (b) labels, packages or advertis~s goods or services, process or practfoe otherwise than in compli.. ance with a compulsory standard; (c) makes any statemen.t or representation or uses a niark with reference to any goods, service,. process or practice whidi conveys or is likely to convey the impression that a person who is .not entitled. to use the Standard Mark is so en- .. titled, or falsely represents that any goods, . process or -practice complies with a specifica- . tion fonnulated or-adopted outside Saint Lucia: (d) obliterates or otherwise removes a stamp or mark which denotes deficiencies before offering -. or ·exposing for sale goods which do not con- -_fonri to· a required standard ; _ makes .(ei - any statement or representation whether in writing or not, or uses a mark which conveys or is likely to .convey that any goods, ·service, 'process or practice complies with a standard when it does not ; (/) without the authority of the Bureau .and for the purpose of gain or profit makes a statement or _representation whether in wri~in~ o_r not com- paring any goods, service, process or practice with a standard declared by the Bureau, unless · he proves that· he acted without intentio,n to · · defraud; ·(g) binders, ot obstructs or knowi_ngly ipakes a . 'false or misleadnig statement to any person in the execution of his duty under this Act ; - 78 No. ·14.l Standards· Act . [1990. (h) with intent to defraud represents that- lie is an Inspector or a. person authorised by. the Bureau or the_ Minister to perform ~ {unction u·nder this Act;_· (z} being entitled· to use the Standard Mark uses it in contravention of. the terms-and conditions of the licence or after he is no longer entitled to use the Mark; . (J) _uses the word n Standard " in a naine contrary to section 22 ; (k) impersonates an Inspector ; (/) obstructs an Inspector by not giving him reasonable assistance .or access to records, documents or information rele'Vant- to the per-- formance of his. functions under this- Ad.; or (m) tampers with an article seized by an Inspector in such a way as to change any of the charac-- teristics of the article d~scribed in (he· standard .·applicable on such article; is liable on summary conviction to a fine of ten thousand dollars and to an additional penalty of one thousand dollars for every day on which the· offence continues or to imprisonment for six months. · Forfeiture of . 83. Where a person is convicted of an offence under articles on conviction of this Act, the Court - offenders. (a) may order the forfeiture of· any atticle by means of or in relation to which the offence was committed or any similar item in· the posses- sion of that person or founcl with: such article whether or not the item is lJi"OVed ·to oe in con~ 19 Standards: Act'= . traventiou of ·~ction .26, ··and: may ordet-'tha_t such article or item be disposed of asi th~l.:M!nt: i~ter. µi~y Jiir~t ; and . . ._. (b). may ··ord~~ the' }ie~soi;i· .to ;cease ·a:nd desist"trom performing any activiij . by nieans· of ·or· in rela- ,•·ti.on to ·which'· the· offence.was--dominittetfYuntil .such• time. as the :Court ina)t:direct:: :. '.: M. A copy of a standatd authenti~at~l: bJ the E.v\deuce of Bpr~~u .... - . . . -:. ;· ,.• ~ogetµer ..wi~h a copy, ····· . ... -· ·-· , '· ;. .... : . .. _of.. . the. Gaze.ti(! ~ ' ' : . ..... . ,.. ~ ·: -:l.l:otice .~ Stmdard. declaring or amending the ··stanqard.':. ~ ., prima ·tacie evidence of that standard in legarproceeditigs~' · h35.~(lf.1AIJ ·-inforinatilin- ·OOtained by~ tbe>Minis.ter, ~recy '?f the Counc1·1, th e B ureau or-:any. ,"' be.r or··.Jui-sta ,.:/ . ··· --m\;,m 1-v.- . · ff or b y mformat1on. ap.y__ Qtber person in the course pf _th~ ijilmimstraij~n of tij~~ Act,-~- to: .~~Y. .fQi:miila/ procei~ _or..prii~if<i,et snail be tr~fed. as:·· confideiiµal~ :ei~eii fht any :pur.pqse con- nected. with . .. ·.:"". tbe. . admini~tra1ion . .ol-_ihis -.Acl ~ ·-.~ . ·•.. .. - -.·. (2) The disclosure of any information relating: tQ any formula, ·process· to' ot .Practice tht·:Mjriistei-;.t~ C'oun- ~f~-: :t~~ 'Buteau· _or' any· niembet :·or its··--slaif to any or other :~tBOll fot puipos~ connected ·with tiie: !ldminis- tratfon of this ·Act~ shall ·n:oi p:r~ju~ice---ii :_subsequent application toi ·the patent of tiie fol'liluik/ pr&cess or pi;-a,ctice. . . . ...- ~ :..3l,., .N.o/person,.. has. a: claim.-··agains.t.-, the.,·'.State or Protection again~t the ·Bure~u by· ·reason only of. t4~j~~i that the aSj:!. Standard Mark is used in connection with any goods, or.'rthat"ltny· goods~. service; ·process of. P!acti~'4onrorms of: is: ·alleged: to·· confo~ to ·a standanL· .. 3?}: The . l\tlirtiiiter:~ niaf; "rn-axe> ·Reguiatioris·: for the Regulations. purpose of this Act, and for prescribing all things re- 80 Standard.s Act . (1990; quited to be prescribed- and in particular he may make Regulations · Ia) regarding the declaring of· stand·ards including ' ::.comprilsc:,ry standards_;' . ' Jb) concerning the use of the Standard Mark and the terms and_ conditions subject to which the Mark may be used and the fees to be paid in respect ·of such use ; . _- ;(c) regarding packaging, labelling and advettis- , ·i"ng.....of- any goods ·-- ' ; .:. . . (d) regarding the examination and testing of goods, : -· ·· processes and practices and entry upoµ. prem- -· ises for that purpose ; ,(¢): r:e911ir~ng a~y person.: to_ keep :and produce)~ ·:-.. - relation to any goods, services, process ot prac-: -tice~ .such records as· the ·Bureau may consider necessary for the purposes of this Act ; 'ti> :pies,cribing ~alters mi res~ct of. whlch ·fees are. · - ·i:o be_ paid, tlie _amount of the fees and the per~ sop.s by whom the fees are to be paid and · auth9rising the refund .or remissfon of fees in , s~ch circumstances as.may be prescribed; .. • •• I a " • / • 1 • T ••· -~ - • •• • ' •' • {g) prescribing penalties for the breach ··of· any· Regulation not_ exceeding a fine pf five -thousand_-- dollars or imprisonment for twelve moti_t~s; · .. ·• f~) pr_e.9a;ibing . t~e •qualifta,itions, powers · and duties of- persons authorized under section 23 to examine goods upon landing and of persons ·: design~ted Inspectors under this .Act ; and 81 No. l4.] Standards Act (1990. (/) prescribing anything required under this Act to be prescribed. Passed in the House of Assembly this 6th day of Novem her, 1990. W. ST. CLAIR~DANIEL, Speaker. Passed in the Senate this 13th day of November, 1990. E. HENRY GIRAUDY, President. ShtNT LUClA .l'RINTED DY HIE GOVERNMENT PRlNTER AT TIU: GOV1'1lN.MENT PP.INTING OFFlCB, CM,nues. 1990. ] tll.50 )