Standards Decree (N.P.R.C. Decree No. 2 of 1996)

7. (1) The Council shall meet for despatch of business at least three times in a year and the meetin g shall be con vened by tile Chairman of the Council. (2) . Without prej udice to subsection (l)a special meeting of the Council shall be convened by the Chairman at the written request of not less than four members of the Council. (3) The quorum for a meeting of the Council shall be half the total members of the Council. ~- I No.2 . The Standards Decree 1996 7 I --'--.--'--.- - - - _ - - - - - - - - - 'j I I1,,;;,L1. ; (4). The ~h£1tinnan ~le ~oullcil shall preside at every of dli 13ineeting at winch be IS present and m his absence a member appointed ~f;~ .lh~ the members p\esentshall pre?icle. l '. '~ I !\ 1:' :rf~,!~,!:i!t(5) Decisions at meetings of the Council sh;n. be takenby Ii !l II -, !il:~ ,;ani1~jonty of members present and voting and in tne event of equality', II ~int!t,!~:;,;:'bf'votes the Chairman or oilier member presiding shall have a casting Itb~ -;A~h;r-'-' 11 il:lf:;;;iFI.vote. A ~ i;h . ; , . ii t if l , • (6) The Council may co-opt any person to attend any of its :i,.:!.\ meetings to advise it on any matter but such person shall notvete OIl ally 11 matter Ior decision by the Council. :,\ ;; .....••. 8. {1) The Council shall appoint a person to be designated A p po i n 111l~ 11 t , , ' "the Director" who shall be the chief executive of the Buteau, upon of Director and ! such terns and conditions as it may detennine.' other staff of 13 i.reau. (2) TIle Director shall, subject to this Decree and to the general directions of tbe Council, be responsible for the day-to-day ,:1 1,; adminis:ration of the Bureau. . (3) The Council shall appoint a Deputy Director who shall assist the Director in the performance of his functions, upon such terms and conditions as it may determine. Ii. I! ~ (4) - 'The Director shall, subject to such directives as the i Council may give, appoint such staff as may be necessary for the i\: efficient performance of the functions of the Bureau, and upon such ;J 1\' ~ .' terms and conditions ?S he may determine. :1\: '< 1

9. The Bureau shill assemble and maintain a collection ofbooks Standards I andpublications and such other materials as it may consider appropriate Li brary. '~ I for a standards library of the highest standing and may make the I facilities of tlie library available to such categories of persons as it \. I thinks fit and upon such conditions as it may consider necessary. !. J 1· I\ \ \ I, j' :\ ! .i I 1996 No. z The Standards Decree PART III - FINANCE . Funds of

10. The Funds of the Bureau shall be made up of- Bureau. . (a)" manics co llected by the Bureau III the performance of its l functions: (b) monies received from the Government; and ~ (c) gifts, donations or grants. Bureau to 11. 'The Bureau shall charge fees for all comparisons, tests, •..'.•.1.;• charge fees. investigations, verifications and markings and licences performed o r i granted by it in accordance with regulations made by tile Secretary of ! SL:'lt~. . ' 1 0 Accounts of 12. (l) The Director shall cause to be kept proper books of Bureau.. accounts and other books and records in relation to the funds of the Bureau and to all undertaking.activities and property of the Bureau and shall, within such period after the end of each financial year as tile Secretary of Stare may specify, cause to be prepared - 1 (a) a balance sheet showing in detail the assets and liabilities of the Bureau at the end of that year; If f (b) such other statement of accounts as may be necessary to indicate the financial status of the ~ ~ Bureau as at the end of that year. I , . (2) The accounts of the Bureau shall be examined, audited '.•• ..· and reported upon annually by the Auditor-General and an auditor '. ·I~ appointed by the Council. . Bureau to 1~.(1). The Bureau shall, at me request of the Secretary of State submit \ submit to him a report of the activities and fmancial position of the reports. Bureau. (2) Without prejudice to subsection (1) the Bureau shall, within three months after uie end of each financial year submit to the NO. ~I ~, The Standards Decree 199fJ _.-._._---------~--------:-------------- Secretary of State a report of tile activities of the Bureau for that """"""."""", ! fuurf,cial year which shall include a balance sheet and a statement of .1~kdlne and expenditure audited iriaccordance with section 12, and 'siJEI1otber information as the Secretary of S tate may request.. PART IV -EsTABIJSIIMENT or STANDARDS

14. (1) -The Secretary of State may, upon tije r~commendatiOI~ Cer ti f i cat i on of the Council and subject to subsections (2) and (3) by notice published mark. inthe Gazette declare any mark which has been adopted by the Council inrespect of any specification framed by the Bureau for any commodity, or for the manufacture, production, processing or treatment of any corrmodity, to be a certification mark in respect of the commodity, and ~j ;1 may in like manner abolish or amend such mark. I , ... II . (2) Every notice shall contain such information in respect II of specifications or ;:pnendments as the Council rna yconsider necessary' I I (3) No mark which is identical with any trade mark registered in respect of any commodity in accordance with tile Trade Marks Act Cap. 244. I Of so nearly resembling such a trade mark as to be likely to be mistaken for it, shall be declared to be a certification mark, orshall be registered as ;1 trade mark under that Act in respect of any other commodity.

15. (1) After publication of a notice under subsection (1) of Restriction on section 14 no person shall apply any certification mark mentioned in the LL'iC of certi- fication mark. such notice to any commodity except under a licence issued by' the Bureau and unless that commodity complies with the relevant specificationor has been manufactured, produced, processed or treated in accordance with such specification. (2) Any person who- (a) applies a certification mark to the receptacle or lte . covering ofany conunodity or to a label attached he to any commodity; (b) places Of encloses any commodity in a LIi, receptacle or covering to which a certification the mark has been applied.. The Suindatds J')ecree 199fl JC No.2 -~-------------'---------- shall 'for the purposes \\1' subsection (I) be deemed to have applied thaL certificafjon mark to tile commodity. h) The is;-;.uc of a licence'under subsection ( I) shall he atthe 4' :! di~)crctiOli of the Bureau and such licence m'ay be issued subject to r: 1 conditions to be specified therein and to tll,c payment of such fees RS the I j Council may, with the approval of tile Secretary or SLate, determine. r I (4) _ Any person who contravenes subsection (1) o~ any of tile conditions which may be specified in a licence issued commits all offence. Man d at 0 ry 16. (1) The Secretary of S tate shall on tile recommendation of standards, the Council and subject to the provisions of this section, by notice published in, the Gazette --.- (a) declare a standard for any commodity, manufacture, production, processing or ireaunent of a commodity to be a mandatory standard ,in relation 'to the commodity with effect from a date to be specified in such notice, it being a date not later than two months after tile date of the publication; -. (b) amend any mandatory standard; " (c) prescribe a certification mark for any commodity which complies with a mandatory standard or which has been 'manufactured, produced, processed or treated in accordance with the standard and may abolish or amend such mark. (2) No mandatory standard shall be recommended by the Councilor declared suitable for the manufacture, producti .m, processing or treatment of a corrnnodity unless tile Council is satisfied that it will be practicable to achieve the purposes of such- a mandatory standard for the commodity in question. (3) The Council shall, at least two months before making any recommendation for the purposes of subsection (1) publish in tile Gazette a preliminary notice setting forth the precise purpose of the No.;~ The Stdndards Decree 11 _._._-----------------------------"---- r 1].;;., ;recommef',dation proposed and shall call upon all interested persons lo' ;&1 lodg:'~ any objections in writing with the Council in such manner and ;'<!withinsuch time as may be prescribed. ~ -,,:,::~ r:',:' ' .. ,{~~':~:. :~_,-,,~.. ... ""... t :H~~~i;:r; (4) Any person who has lodged an objection ill accordance ,,:Willi subsection (3) shall be entitled to appear before the Council and '.! be heard, either personally or through a representative, at such time and place as the Council shall determine; and publication of tile relevant notice under paragraph (a) of subsection (1) shall notbe made if such -.. obje ction is upheld or until after every objection has been beard and the. reasons for the rejection of the objection have been furnished in writing to tlIe objector or his representative.' Eve:'}' notice published by virtue of this section shall (5) conl2Jn full particulars of the relevant standards or tile amendment thereof. I .. I ' (6) Whenever the Secretary of State has, under subsection (I) declared a standard to be a mandatory standard, no person shall sell any commodity to which that standard relates after date specified the. in the notice unless that commodity complies with the standard has or been manufactured, produced, processed or treated in accordance with tlle standard. After acertification mark has been prescri bed no person (7) shall apply that mark to any commodity except under and by virtue of a Lcence issued to him under 111is Decree and unless that commodity or its manufacture, production, processing or treatment complies with the mandatory standard relative to tile commodity. (8) Any person who contravenes subsections (6) and (7) ccmmits an offence. (9) TIle provisions of subsections (2) and (3) of section 15 stall apply to the issue of licences under this section. (l0) Where a person is charged with contravening subsection (6) it shall be a defence for that person to prove to the satisfaction of the ( 000 thathe lacked knowledge or any reasonable means ofascertaining, whether before or at the time of sale, the commodity specified in the charge did not comply with the standard relating to the commodity. •• ~ .......... ~ .. _ ....... ~_. __ , .... _ ' , _ - . " .. - . . . ~~ .. ~~_ .... _ ........_ _-..:.~.,...,. . . . . ~ ......... _..~_ ..... ~ .... ..._....r..... ~ ..... ~ •• ~ .... _ ..... ~ _ ~ . , .....-."" . . . . . _ . . __ . . . . ..... _.~_.;a-._ • r ;:.-' ~b i J I '. ~". [~~~~.~," ~ ," -,' • ' .~~ 1996 I 12 No. 2 The Standards Decree j Appeals, 17. (l) An)' person who is aggrieved by - j (a) the refusal of rile Bureau to issue any licence: j • • I t , (b) the attachment of any conditiollf to a licence; or j (c) the variation, cancellation or suspension of any j licence, ;" j may, within fourteen days of the noutlcation of the decision appeal in writing to the Secretary of State. j (2) Any person who is aggrieved by a decision of the j Secretary of Stale may appeal to the High Court. j PART V _. ENFORCEMENT j Power to en- 18. (1) For thepurpose ofcarrying out the functions of Ole Bureau ter premises any officer of the Buteau authorised by the Director in writing - f '/ j and obtain sarnpes and j information. (a) shall have access at all times to any place whether a building or in the open air" where he j has any .reasonable cause to believe that an j industrial or commercial undertaking is being carried on; and ;" j (b) may by notice in writing served on-any person j carrying on an industrial or commercial j undertaking require that person to furnish in such form as he may direct information on such j matters as may be specified by him. j (2) A person required to furnish information pursuant to j subsection (1) shall within fourteen days of the notice comply with that ' j notice. j (3)' Any person who fails to comply with paragraph (b) of j subsection (1) commits an offence and shall be liable on conviction to a fine not exceeding'one million leones or to a term of imprisonment not j exceeding six months or to both the fine and imprisonment. j (4) Any person who in purported compliance with a l requirement to furnish information, knowingly or recklessly makes any l j j tl 1:'1 ~"llj .jiC l j The Standards Decree 199<J 13 ;~ri:'.,j.';; ~i:f;f~ment inthereturns-which is false in a material particular commits ,'<j'ffen'ctfutd shall be liable on conviction to a fine norexceeding five ''''''1;'".1\ ;. ''','' rlijnundred thousand leones Of.10 a term of imprisonment not exceeding :r ithtee months otto both the fine and imprisonment. , The Director, subject to directives to be given by tile Appointment 19,. <1) Council shall by notice publishedin the Gazette appoint as an inspector 'of inspectors. for tile purposes of this Decree any person who is suitably qualified. ; . Every pe~on so appointed shall be furnished with a (2) certificate of appointment signed by the Director that such person is authorised by the Bureau to act as an inspector [or tile purposes of this Decree. l (3) An inspector may, [or the purposes of this Dec-Tee at all reasonable times - t' (a) enter any premises on which there is, or is suspected to be a commodity in relation to which any certification mark exists; (b) inspect and take samples of any commodity or any material or substance used, or likely to be used or capable of being used in the manufacture, production, processing or treatment of such commodity and shall cause any container in which there is or is suspected . to be any quantity of the commodity, material or substance to tje opened; (c) inspect any process or other operation which is or appears likely to be carried out on the said premises in connection with the manufacture, i p.roduction, processing or treatment of. any I 1 commodity in relation to which a mandatory standard or certification mark .exists; I (d) stop the production or treatment of tb~ commodity if found faulty or su?,-standard; • No.2 . The.Standurds Decree 1996 14 _ ._,--------------------- (e) require from any, person the production of (lilY. book, notice, record, list, or other document which is in possession or custody or UIH.1er the control of such a person or of any other person 011 his behalf; (f) examine and copy any part of such book. notice , record " list or other document which appears to him to be relevant to his inspection or inquiry, and require any person to give an explanation of any entry therein, and lake possession of any such book, notice, record, list or document which he believes may afford evidence of the commission of an offence #. I under this I Decree; (g) require information relevant to his inquiry from any person whom he has reasonable grounds to believe is or has been employed on such premises and is in possession or custody or " \,' control of any article referred to in this subsection.

20. Any person who wilfully obstructs, interferes with, assaults or resists any officer of the Bureau in the execution of his duty under this. Decree or who aids, invites, induces, or abets any other person to obstruct, interfere with, assault or resist any such officer commits an offence and shall be liable on conviction to a fine not exceeding five hundred thousand leones or to a term of imprisonment not exceeding three months or to both the fine and imprisonment. Generalprovi- 21. Any person who commits an offence under this Decree (1) SIOOS. forwbicbnopenalty is specifically provided shall be liable on conviction to a fme not exceeding two million leones or a term of imprisonment not exceeding twelve months or to both the fine and imprisonment. + (2) On conviction of any person for an offence under this Decree, the Court may, in addition to any other penalty which may be imposed, order the confiscation of all or any part of any goods in respect of which tile offence was committed, and all goods so confiscated shall be disposed of in such manner as the Court may direct. I ••.L.:~_"._·"_I'_~I_. . .. . ; I " ~~:~;:;;>l ,'~b::2 171e Standards Decree 1996 15 'li'j';,l r,;' (3) Any person who employs an agent, clerk or other , person shall be Iiablefor any degree of commission of such agent, clerk or other person which is an offence under this Decree" or which would be an ofence if committed or made by such employer, and such employer and agent, Clerk or other person shalljointly and severally be liable for any offence committed under this Decree. PART VI-Ivl1SCELi"ANEOUS

22. No claim shall be made against the Government, tile Council, Protection of the Bureau or any of its employees in respect of any commodity which Govcr nmcut , . complies or is alleged to comply with a standard or has been or is I3 u rca u , alleged 10.h ave b een manu f acturcu,I pro d uce d .processed or treate d 1lli Council and aecorrIance WIitl1(1Oy sue 11 stan d ar d or tliat a certi.Iicati . or has employees. icauon mark IS been used! in connection with such commodity. "

23. (I) Any information obtained by the Secretary of State, the 'Secrecy. Council, the Bureau or (my officer thereof or by any other person in the course J1' the administration of this Decree, as to the fonnula, manufacture, production, process or treatment of a commodity shall be treated with the utmost secrecy except for the purpose of carrying into effect tIl c provisions of this Decree, (2) Any information relating to the formula, manufacture, 'product on, process or treatment of any commodity, given to the Secretary of State, the Council, the Bureau or any officer thereof or to any othe r person for purposes connected with the administration of this Decree, shall not prejudice any application subsequently made for the patent of such commoclity.

24. (1) Except with the consent of the Secretary of State in -Restrictiof of writing, no association of persons whether a body corporate or not., the use"oSf the . oJ.. Shall exercise we f unctions . f or w hi ch'It .IS f orme d un der a name w hllC11 dards". word tan- contains the word "Standards", or the words "Sierra Leone Standards" or any rbbreviation of those words. Where any law provides for the registration of any (2) association of persons, the registering authority may refuse registration if in its opinion the use of the name by which the association desires to be regis tered is prohibite~ by this section. . (3) Except with the consent of the Secretary of State in writing. no trade mark which contains the word "Standards" shall be , . .: . Cap 244 registered under the Trade Marks Act. .. . The Standards Decree 1996

16 . No.2 _.-- . _ - - - - - - - - - - - - - - - - - - : - - - - - - ("1) The provisions of lhis section shall, mutatis mutandis, :Ippl)no all individual carrying on huxincss under any name or style 'other than tile individual's own name. C~) Any 'person or body or persons who contravenes this seelion ccrnlllits"an offence and shall be liable on conviction to a fine not exceeding one million leones or to a term of imprisonment not exceeding six months or to both tile fine and imprisonment. (6) Where tile offence is commi tted by a bod y of persons- (a) in the case of partnership every partner shall be guilty of the offence; and (b) in the case of a company every director, secretary or officer of the company-shall he. guilty of the offence. • (7) Nothing in this section shall apply to - (a) the use by any person or body of persons of any name that was in use in Sierra Leone by that person or body of persons, or an y predecessors in business of thatperson or body of persons at the commencement of this Decree; or (b) any trade mark reg istercd at the cornmencemcn t t ofthis Decree. Regulations. 25. The Secretary of State may, on the recommendation of the e- Council.make regulations for the implementation of this Decree. MADE and ISSUED this 12pl day of January, 1996. CAPTAIN VALENTINE E. M. S'!1{ASSER Chairman, National Provisional Ruling COIfJ1cil. ~ Pl<r,"1'1:D N,D Punusnru 13'y nlE GOVERNMENT PIUNTING DEPARTMENT. SIERRA LEONE. Bv AlJIHOIUTY OF THE NATIONAL PROVISIONAL RULING COUNCIL. GAZ1:TfE No. 12 OF 15TH FEBRUARY, 1996.