Standards Regulations (No. 2 of 1998)

1. These Regulations may be cited as the Standards Regulations Short title. 1998.

2. In these Regulations Interpretation. "advisory committee" means a committee appointed by the Standards Council in accordance with Section 16 of the Act to advise on the formulation or adoption or cancellation of a speci- fication; "Bureau'' means the Antigua and Barbuda Bureau of Standards as established under section 3 of the Standards Act, Cap. 411. 'The Act" means the Standards Act, Cap. 411. "Standard" a specification declared by the Bureau to be a standard under section 17 of the Standards Act. "Compulsory standard" a standard declared by the Bureau to be compulsory by order of the Minister under Section 18 of the Standards Act. "Standard Mark" means a mark applied to any article, process or practice indicating conformity with a declared standard. PARr ll DECLARATION OF STANDARDS Publication of 3. (1) Where the Bureau formulates or adopts a specifica- Notice. tion and proposes to declare that specification as a standard, it shall publish a Notice to that effect in the Gazette on at least three different occasions and in at least one local weekly newspaper in circulation in Antigua and Barbuda. (a) the title and scope of the specification; ( b) the address at which details of the specification may be obtained; ( c) the last date on which comments may be submitted; ( d) the name or other designation of any other specification used in the fonnulation of the specification, the subject of Notice or from which it was adopted. Compulsory (2) Where it is proposed that the specification be declared a Standards. compulsory standard, the Notice shall in addition to matters set out in paragraph ( 1) include: (a) that the specification be declared a compulsory stan- dard; ( b) the date on which it is proposed the compulsory stan- dard shall have effect; and ( c) the reasons for proposing that it be declared a compul- sory standard. Bureau to forward 4. (I) The Bureau shall forward any comments received in comments to response to a Notice made in tenns of Regulation 3, to the committee advisory committee. appointed by the Council which participated in the fonnulation or adoption of the specification. (2) The advisory committee shall report to the Bureau its obser- vations on the comments and may recommend that the specification 3 be modified or amended before being declared an Antigua a1nd Barbuda Standard.

5. (1) Where the Bureau proposes to declare any speci- Notification of fication as a compulsory standard, it shall forward to the Minister. Minister: ( a) the specification as formulated or adopted by the Bu- reau; ( b) the report, if any, of the advisory committee on public comments received and the Bureau's recommendation thereon; ( c) a copy of the Notice made in terms of Regulation 3 and dates of its publication; and ( d) a certificate signed by the chairman of the Council, stating that the proposed standard is intended to give effect to the provisions of Section 18 (1) of the Act. (2) The Minister shall, on the receipt of the information referred tom subsection (1), make an order declaring the specification as a Compulsory Standard. PARTfil USE OF STANDARD MARKS

6. (1) The Antigua and Barbuda Standard Mark (hereinafter Standard Marks. Iteferred to as "the Standard Mark") is set out in the First Schedule. (2) No mark that resembles or is identical with any mark published by the Bureau as a standard mark shall be registered as a trade mark mnder any other enactment. (3) The Bureau may by notice in the Official Gazette, recognise a standard mark in relation to a designated commodity which conforms to the requirements of a declared standard. 4 Application for 7. (1) An application for a licence to use a Standard Mark on licence to use any goods or in connection with any service, process or practice, Standard Mark. shall be made in writing in Form I set out in the Second Schedule and shall be accompanied by the application fee, as prescribed in the Fifth Schedule. (2) On the rejection of an application, the Bureau shall refund to the applicant half of the application fee. (3) A Standard Mark affixed or applied to a designated commodity or to any covering, container or label attached to such commodity is evidence that the commodity is in confonnity with the declared standard applicable to it. (4) Nothing in this regulation prevents an officer of the Customs Department or any other duly authorised person from examining any consignment of a designated commodity if he has reason to suspect that the Standard Mark is not lawfully applied. Duration and 8. ( 1) A licence to use a Standard Mark shall expire on the 31st fonn of licence. December of every year and may be renewed upon application and on payment of the prescribed re-application fee. (2) The annual licence fee shall, in the first year, be paid at the time of the grant of the licence and thereafter within one (1) month of the date of expiration specified in the licence. (3) A licence to use a Standard Mark must be in Form II as set out in the Second Schedule. Contents and terms 9. A licence shall relate only to such gocxis, services, processes of licence. or practices as are specified therein and may contain such terms and conditions as the Bureau may determine. Revocation of 10. (1) Toe Bureau may revoke a licence where any of its terms licence. and conditions are violated or upon discovery that any statement in. the application was false, deceptive or misleading. (2) Where a licence is revoked under subparagraph (1) the fee shall not be refunded. 5

11. (1) Where the Bureau revokes a licence it shall take all Conditions on reasonable steps to prevent the continued use of the Standard Mark revocation of licence. in connection with the goods, services, processes or practices named in the licence and may in the behalf require the persons to whom the licence was issued, to obliterate or remove the Standard Mark from any marking device or die or from any goods, wrapping material, packaging or advertising matter on which he was authorised to use it under the licence. (2) The Bureau shall cause the particulars of any licence revoked under this regulation to be published in the Gazette. (3) Notice of revocation shall be given to the licensee in writing not later than seven days after revocation.

12. The Bureau shall keep a register of licences issued and the Register of register shall contain licences. ( a) the name and address of the person to whom a licence was issued; ( b) the goods, service, process or practice named in the licence; and ( c) the dates of issue, renewal or revocation of the licence.

13. The Bureau shall, once every year, publish in the Gazette for Publication of public information names of persons to whom the licences have information on licences. been issued and the goods, services, processes or practices in respect of which such persons may use a Standard Mark.

14. (1) The Bureau shall charge fees for a licence to use the Bureau to charge Standard Mark in connection with any goods and such fees shall be fees. based on the sales volume 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 Bureau may think appropriate. (2) The Bureau shall refund to the applicant any moneys remaining unspent from the amount provided for the purchase of samples. 6 Consent of Bureau 15. Where the Bureau has issued a licence for a Standard Mark to use mark adopted in connection with any goods, some other mark representing com- elsewhere. pliance with specifications fonnulated or adopted elsewhere other than in Antigua and Barbuda may be used in connection with these gooos only with the consent of the Bureau and of the organisation that controls that other mark. Inspections by 16. (1) In order to be satisfied that the statements made in the Bureau. application are true the Bureau shall undertake such inspections of premises, raw materials, components, quality control methods and procedures, testing facilities and records of tests carried out as may be necessary. (2) All gocxls, raw materials and components required to be tested shall be supplied to the Bureau by the applicant free of charge. Inspectors. (3) An inspector's certificate of appointment must be in Fonn I as set out in the Third Schedule and must be available for exami•. :,tion upon request by any applicant for whom an inspection is 'f:ieing carried out. (4) An inspector shall submit to the Bureau a detailed report of every inspection made by him for the purposes of the Act. PART IV DESIGNATION OF LABORATORIES AND TFSI'JNG FACILfl'IBS Interpretation. 17. For the purposes of this part - "laboratory" means an institution engaged in tests, investi- gations or research, whether or not for reward and using specification tests, which is managed, directed and operated _by persons qualified and trained in science, engineering or technology; "testing facilities" includes the equipment and personnel necessary for carrying out a specification test; "specification test" means a method of test that is: 7 (a) included in or referred to in a spe.cification; or ( b) published by the Bureau or by an organization recognised by the Bureau as competent in designing methods of test of a type useful in applying specifica- tions; or ( c) recognised by the Bureau as applicable to any specified goods, service, process or practice.

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

19. A laboratory or testing facility designated by the Bureau for Laboratory or test- the purpose of the Act, shall - ing facility. (a) be equipped to carry out standard methods of tests; ( b) be staffed by competent experienced personnel with training to undertake specification tests; ( c) be kept in good repairand its equipment calibrated as the Bureau may require; ( d) maintain records of specification tests carried out.

20. (1) Application for the designation of a laboratory or testing Application for facility shall be made to the Bureau in writing on Form I as set out in laboratory the Fourth Schedule and shall include: designation. (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; ( b) names, training, qualifications and experience of per- sons who would sign reports of specification tests, and specimens of those persons' signatures; 8 ( c) a statement of the goods, services, processes or prac- tices which the laboratory or testing facility is compe- tent and willing to investigate; and ( d) such other information as may be relevant or that the Bureau may require. (2) In the case of a laboratory or testing facility in Antigua and Barbuda the application shall be accompanied by an undertaking from the applicant: (a) to allow the Bureau to inspect the laboratory or testing facility, its apparatus and equipment; and ( b) to maintain the apparatus and equipment in a state of good repair including calibration as the Bureau may from time to time require. (3) In the case of a laboratory or testing facility elsewhere i'.1an in Antigua and Barbuda the application sh,dl 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 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. Designation of 21. ( 1) The Minister may designate a laboratory or testing facility other laboratories. for the purposes of the Act, without application being made in any case where the laboratory or testing facility is: (a) a department of Government or of a Statutory Authority or is otherwise in receipt of public funds; ( b) an educational or research institution competent to carry out specification tests or specialising in investiga- tions involving such tests and in receipt of public funds; or ( c) owned, operated, designated or certified as competent by an organisation outside Antigua and Barbuda charged with formulation, application and enforce- ment of specifications. 9 (2) In case of a laboratory or testing facility designated under this regulation the Bureau may direct that the holder of a specified post who is qualified by training and experience shall sign reports of specified tests.

22. Notice of the designation of a laboratory or testing facility and Publication of notification of every revocation thereof shall be published by the designation of laboratory. Bureau in the Gazette and in at least one newspaper in circulation in Antigua and Barbuda.

23. ( 1) The Bureau shall publish annually a list of designated Publication of laboratories and testing facilities and names of persons who, for the designated purposes of the Act may sign reports of standard methods of tests. laboratories. (2) The Bureau shall cause to be maintained a separate register of each testing laboratory that is recognised by it for testing samples of articles or processes in relation to a particular standard. (3) A register for the purposes of paragraph (1) must be in Form II as set out in the Fourth Schedule.

24. A laboratory or testing facility designated by the Bureau may Fee for report. charge a fee for a report of a test where that report is intended to be used as evidence in Court, save that the fee may be waived on the authority of the Bureau where the test was carried out for the Bureau or for a client when an investigation is carried out by the Bureau with a view to commencing legal proceedings

25. A report of standard method of test issued by a laboratory or Report to be testing facility designated by the Bureau and signed by the person prima facie named by the Bureau for the purpose shall be prima f acie evidence evidence. of the statements contained in such report. PART V

26. The fees specified in the Fifth Schedule shall be the fees Publication of chargeable by the Bureau for its services. fees.

27. The Minister may, by order published in the Gazette amend Variation of fees. the fees payable in terms of these Regulations. 10 PART VI 'IESllNG OF ARTICLF.S SUBMITI'ED OR SEIZED Export of desig- 28. (1) A person intending to export a designated commodity shall nated commodity. by notice inform the Bureau and shall submit along with that information a declaration of the specifications stipulated in the export contract giving details of all technical characteris- tics to the Bureau, so as to enable it to carry out an inspection in accordance with subparagraph 9. (2) A notice under this regulation must be in Form I as set out in the Sixth Schedule and shall be accompanied by the prescribed fee (3) On receipt of the notice and declaration under paragraph (1) the Bureau shall: (a) cause an inspection of the consignment to be carried out in accordance with these regulations; and ( b) ensure that goods are tested or examined by a laboratory or testing facility designated for the purpose. (4) A notice and declaration under paragraph (1) shall reach the office of the Bureau not less than 10 days before the consignment is ready for export. (5) On completion of inspection the packages in the consignment shall be sealed in a manner so as to ensure that the sealed goods cannot be tampered with, but in case of rejection, if the exporter so desires, the consignment may be sealed by him and he shall not be entitled to enter any appeal against the rejection. (6) If the Bureau is satisfied that the consignment of the desig- nated export commodity conforms to the requirements of the relevant standard, it shall issue a certificate of export worthiness to the exporter. (7) The certificate of export worthiness under sub-paragraph (6) shall be in quadruplicate in Form II as set out in the Sixth Schedule, three (3) copies of which must be made available to the exporter. 11 (8) The refusal to issue a certificate of export worthiness shall be communicated to the exporter in Form ID as set out in the Sixth Schedule. (9) Inspection of the export consignment for the purpose of these regulations shall be carried out: (a) at the export premises of the manufacturer or at the premises at which the consignment is kept by the exporter if adequate facilities for the purpose exist at those premises; and ( b) at the time when the commodity is ready for export.

29. Gocx:ls manufactured in Antigua and Barbuda for which a Certificate of compulsory standard intended to ensure quality in goods produced compliance. for export, is declared, may be exported only if the Bureau issued a certificate to the manufacturer stating that the goods conform to the compulsory standard.

30. Saveinthecircumstancesreferredtoin regulation28orwhere When Bureau is to goods are seized under section 25 (2) of the Standards Act or purchase goods compliance with a compulsory standard is in question the Bureau for testing. shall purchase all goods or articles required for testing in order to Cap. 411 determine whether they conform to a standard or whether the conditions attaching to the use of the Standard Mark in connection with those goods have been fulfilled.

31. (1) Goods submitted for examination or seized or purchased Marking etc. of by the Bureau for testing shall be marked, labelled and packaged so goods. as to be clearly identified and protected from reasonably foreseeable damage and delivered to the laboratory or testing facility where the required tests or examinations are to be carried out. (2) Where an inspector has seized and detained any consignment of a desi:gnated commodity by means of or in relation to which he reasonable believes the Act is being contravened he shall attach to that commodity numbered detention tags as set out in Fom1 I in the Seventh Schr,dule and the inspector may also take samples for examination and testing. (3) Within twelve (12) hours after attaching a detention tag the inspector shall deliver or post to the owner or person in possession 12 of the commodity a notice of detention in Form Il as set out in the Seventh Schedule. (4) If on the basis of an analysis or test report on the samples the inspector is satisfied that the commodity re- ferred to in Paragraph (2) conforms to the requirements of a mandatory standard, he shall deliver or post to the owner or person in possession thereof a notice of release in Form III as set out in the Seventh Schedule. (5) If on the basis of an analysis or test it is found that the sample of the commodity does not conform to the requirements of the mandatory standard the inspector shall inform the Bureau accord- ingly. (6) If the Bureau is satisfied that a commodity does not conform to the requirements of the mandatory standard, the Bureau may recommend to the Minister that the commodity be: (a) forfeited; ( b) destroyed at the cost of the owner; or ( c) returned to the owner for reprocessing. (7) The recommendation specified in paragraph (6) (c) may only be made if the Bureau is satisfied that the commodity is capable of being made to conform to the mandatory standard under the super- vision of a person designated by the Bureau. (8) Goods or samples purchased by the Bureau shall be disposed of as the Council may determine. Sampling. 32. (1) When talcing a sample for analysis or testing, an inspector shall after procuring a suitable quantity of the commodity, give written -notice to the owner thereof, or the person from whom the sample was obtained, of his intention to have the commodity analysed or tested. (2) If the owner or the person from whom the sample is obtained makes a request to retain part of the sample the inspector shall divide the commodity into three (3) parts and shall:· 13 ( a) cause each of the three (3) parts to be marked and sealed in such a manner as the nature of such sample permits; ( b) deliver one of the parts to the· owner or the person from whom the sample was obtained; ( c) retain one of the parts for subsequent comparison or verification; and ( d) submit the third part to the laboratory for analysis or testing. (3) If no request is made for the retention of part of the sample, the inspector shall: (a) divide the same into two (2) parts; ( b) cause each of those parts to be marked and seaJed in such a manner as the nature of the sample permits; and ( c) retain one of the parts for future comparison or verifica- tion and submit the other to the laboratory for analysis or testing. (4) Notwithstanding anything contained in this regulation, where in the opinion of the inspector division of the procured quantity of the sample may interfere with analysis or testing, the inspector may, subject to paragraph (5), seal and submit the entire sample for analysis or testing. (5) Where, at the time a sample is taken, the owner or the person, from whom the sample is taken objects to the procedure described in this regulation and supplies at his own expense a sufficient quantity of the sample, the inspector must follow the procedure in paragraph (4). (6) On completion of every analysis or test an authorised person at the laboratory shall issue a certificate stating that an analysis or test has been carried out in respect of the article or sample submitted by an inspector. 14 (7) A certificate for the purpose of subparagraph (6) must be in Form N as set out in the Seventh Schedule, with such variations as the circumstances may re.quire. Testing of 33. In any proceedings under the Act the Court may order that duplicate. the duplicate sample referred to in Regulation 32 be tested or examined. PART VJI ADVERTISING, IABFll.JNG AND PACKAGING Interpretation. 34. 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. Publication of ad- 35. The Bureau may direct that any advertisement, label or vertisement etc. 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. Withdrawal of ad- 36. Where a compulsory standard is declared for the practice of vertisement. advertising, the Bureau may re.quire that an advertisement in viola- tion 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. Offence and 37. Every person who advertises, labels or packages contrary to penalty. any direction of the Bureau or without obtaining the approval of the Bureau where such approval is required, shall be guilty of an offence and liable on summary conviction to a fine of five thousand dollars or imprisonment for a term of twelve months. PARf VIII COMPULSORY STANDARDS Compulsory 38. Where a compulsory standard is declared for any goods, the standards. Bureau may petition the Court to order any person manufacturing such goods in Antigua and Barbuda to cease the manufacture of such golxis after a specified date if in the opinion of the Bureau that person is unable to manufacture the goods anu conform to the compulsory standard. 15

39. (1) Where a compulsory standard is declared for any goods, Sample and imports of such goods shall, subject to subparagraph (2), be examination of goods etc. before sampled and examined and tested by the Bureau on entry before entry. being delivered out of the charge of Customs authorities. (2) Samples of imports may be taken by the Bureau to a laboratory or other testing facility without the payment of import duties or other taxes or charges. (3) Where samples of imports are found from physical examination or testing not to conform to the relevant compulsory standard, the Bureau shall send a report of the examination or test to the Comptroller of Customs and to the importer and subject to subparagraph (4), such imports shall not be admitted. (4) Wherein the opinion of the Bureau the imports can be modified so as to effect conformity to the compulsory standard, the imports may be admitted for the modification to be carried out to the satisfaction of the Bureau except that in any other case, or where the modification is not to the satisfaction of the Bureau, the imports shall not be admitted.

40. The Minister may waive the requirement of sampling and Waiver of examination df any such shipment of goods to which regulation 39 sampling and refers where examination. ( a) a sample of similar goods from the same country Third party of origin has been examined or tested by a labo- certification of ratory or testing facility designated by the Bureau similar goods. and found to conform to the compulsory standard; ( b) a sample of goods taken from the shipment has been Third party certifi- examined or tested in the country of origin by a labora- cation of actual tory or other similar institution, recognised by the goods. Bureau and found to conform to the compulsory standard and a certificate of the examination or test has been submitted to and accepted by the Bureau. ( c) The commodity is marked with a standard mark that is recognised by the Bureau e.g .. Caricom Standards Mark. 16 Offences and 41. A person who contravenes any of these regulations is penalty. guilty of an offence and liable on summary conviction to a fine of five thousand dollars and to imprisonment for two years.

FIRST SCHEDULE STANDARD MARK Reg. 6(1) ABBS: 17 SECOND SCHEDUI.E FORM I (Regulation 7 (1)) APPtlCATION FOR UCENCE TO USE A SfANDARD MARK 10: The Director, Bureau of Standards/The Pennanent Secretary, Ministry of ···•·•····•·······•·····•····•··········•··••···································•······•························································ l . *J/We carrying .• on b ' us1ness at: ............................................................................................. .............................................................................................................(full business address) under the$tyleof...............................................................(full name ofindivi.dual or fmn) hereby apply for a licence under the Standards Act, Cap 411 to use the Standard Mark in respect of Articles/Class of Articles/Process which confonn to the National CARICOM Standards(s) listed below: ( a) **Article T'YI.)C •••••.••••••..••••.••.••..••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••.•••.••••.•.•. Si.7.e ................................................................................................................................................ GI'a:le ............................................................................................................................................................,....................... Brand naIIle.....................................-......................................, ................................................................................. ( b) ·•~lass of Articles ................................................................................................................................................................... . T~ ........................................................................................................................................................................................................ . Size ........................................................................................................................................................................................................................... . Grn.oo ............................................................................................................................................................................................................................ Brandnmne.............................................................................................................. . ( c) **Process ............................................................................................................... . ( d) Related [ ] National/CARICOM Standard (s) * Strike out one not applicable ** Only one of the three items under (a), (b) and (c) may be covered by one application; strike out the other two. 18 No.................................. TITIE ... ,., ...................................................................... No.................................. TITIE .......................................................................... No.................................. 1TI1.E ......................................................................... 2. The above article/process is manufactured/carried out by............................................ ······································•••·••··••··•······················••••·············•·······················•·································· on premises situated at. .......................................................................................................... ·······••·•·•••••••·•••······················••••••··•••••••··············••••••····•···••••··••····················•···•·············•···•••········ 3. Prcxh1ction figures for the said article/process and the value thereof to the best of niy/our knowledge and the estimates are as follows: Year Production Unit Value$ Last yearfrom.................................... . currentyearfrom................................ to .......................................................... . ............................................(estimates) 4. In order to ensure conformity of the said article/process to.................. standard No.: * 1/We have in use/propose to use the scheme of inspection and testing described in the statement attached hereto. Routine records of all the inspections and tests are being/will be kept in the manner specified in the statement. * I/We further undertake to modify, amend or alter *my/our scheme of inspec- tion and testing to bring it into conformity with that which may be specified by the National Standards Body from time to time. * I/We have at present no schemes of inspection and testing in operation. * I/We however undertake to put into operation any such schemes as recommended by the National Standards Body. 5. Should any initial enquiry be made by the National Standards Body *I/We agree to extend to the National Standards Body all reasonable facilities at *my/our command and *I/We also agree to pay all expenses of any such enquiry including charges for testing, as and when required by the National Standards Body. 6. Should the licence be granted and as long as it remains operative, *1/We hereby undertake to abide by all terms and conditions of the licence and the Standards Regulations 1998. In the event of a licence being suspended or cancelled, *I/We also undertake to cease with immediate effect to use and to withdraw all relevant * Strike out one not applicable 19 advertising matters and to take such other steps as may be necessary to comply with the provisions of the above mentioned regulations. Dated this .......................day of................................................................................................ One thousand nine hundred and Signature...................................................................... NaIIle............................................................................ . l)esignation................................................................ For and on behalf of................................................ . ................................................................(N'a:tll:e, ofFiml) FORM II (Regulation 8 (3)) STANDARDS ACT, CAP. 411 UCENCE FOR 1l:IE USE OF A STANDARD MARK LlcenceNo................................. .. 1. Toe Bureau of Standards, by virtue of power conferred on it by section 20 of the StandardsAct,Cap41 l hereby grants to .................................................................... .. ·········•·•·•···········•········................................................................................................................. (hereinafter called the "Licensee") this licence to use the Standard Mark set out in the first column of First Schedule hereto, upon or in respect of the article(s) set out in the second column of the said Schedule which is/are manufactured in accordance with/conforms to the relevant National Standard/Standards/Caricom Standard referred to in the third column of the said Schedule. 2. This licence carries the rights and obligations. stipulated in the Standards Regulations, 19.......... In pursuance of those said obligations the licensee has paid 20 the marking fee specified in the Fifth Schedule hereto and shall maintain to the satisfaction of the Bureau of Standards the scheme of inspection and testing a copy which is hereto attached. 3. This licence shall be valid from ...........................................and may be reviewed as specified in the Regulations. Signe.d, sealedanddatedthis.............................day of.............................................. 199........ . Director, Antigua and Barbuda Bureau of Standards. 11DRD SCHEDUI.E FORM I (Regulation 16 (3)) STANDARDS ACT, CAP. 411 Sec.25 CERmlCA'IE OF AWOINIMENf OF INSPECTOR This is tocertifythatMrMrs/Miss.......................................................................................... . ............ -_ -.................................................................................................................................................. ....... (name and designation) whose signature and photograph appear hereunder has been appointed as an Inspector under section 25 of the Standards Act Cap 411 . .............................................................., ................................................................................................................................................................................................................. . ......................................................................................................... ............................................................................................................ . ~ .............................................................................................................................................................................................. ................................................................................................, .................. _...................................... .,......................................................................................... . Photograph .............................................................................-................................. Signature ofInspector. ..................................................................................................................... Signature of Minister. 21 FOUR'IH SCHEDlJI.E (Regulation 20 (1)) FORM I PART I STANDARDS ACT, CAP. 411 APPUCATION FOR DESIGNATION OF A Laboratory The Director, Antigua and Barbuda Bureau of Standards .......................................................................................................................................................................................................................................................... Sir/Madam I.............................................................................................................................................. on OOhalf <t ......................................................................................... of the organization known under the name of ...........................................................hereby ~ application for designation as a laboratory for analysis/testing of commodities under the Standards Act, Cap 411 for the following commodities* and furnish detailed particulars in Part II of the application. On behalf of the above-mentioned organization, I hereby undertake to carry out all anal~sis/testing in accordance with the Standards Act, Cap 411 and regulations made thereunder. Yours faithfully, ·····································-··········································· Signature and stamp of Applicant. 22 PARf ll NMffiS OF COmrm.JENfs OF mE ORGANIZATION WfIB 1HEIR POSITION AND EX1ENf OF INIERESTS 1. Nal'Ilt!S: ...............................................................................-........................................................................................................................................ Position and extent of interest: 2. Places where laboratories/test houses within the country of operation are located. 3. Details of testing staff at each laboratory/test house indicating names, qualifica- tion, specialization and experience. 4. Detailerl account of each laboratory: ( a) Names and description of instruments, equipment etc., available; ( b) Names and qualifications of technical staff working in these laboratories; and ( c) Products which could be testerl as per relevant standard specifications. 5. Previous experience in the field, if any 6. Names of exporters or foreign imported or local purchase organizations on whose behalf analysis/testing was done. 7. Names of commcx:lities analyzerl/tested. 8. Whether any of these test reports were rejecterl by the buyers? If so, details of the same. 9. How long employed in the business of analysis/testing? 10. References, if any (here give the names of three establisherl export houses and three foreign import houses that you may wish to use as references for reputation of business) 23 FORM: n (Regulation 23 (3)) STANDARDS ACT, CAP. 411 REGISI'ER OF TESllNG IABORATORY Narn.e of testing Laboratory Location Testing Laboratory Test(s) Laboratory is capable of perfonning Dates () and nature of test(s) 24 FlFIH SCHm:>UI.E Regulation 26 Purpose EC$ Application for licenr-e 500.00 Use of Standard Mark 1% Sales Value (min.$200.00) Report of a test 125.00 Examination of goods, services, process or practice 150.00 Inspection 150.00 Examination of imported goods 0.5% Sales Value Other purposes (minimum charge) 75.00 Service charge shall be determined by the Bureau

SIXTH SCHEDULE FORM I (Regulation28(2)) STANDARDS ACT CAP. 411 NonCE OF INTENI1ON TO EXPORT A DF..SIGNA'IED COMMODflY To the Bureau of Standards/Permanent Secretary, Ministry of ............................................................................................................................................................................................... , .............................................. FORM: (i) ..................................................................................................................................... ~ ............................................... . TAKE NOTICE IBAT: It is our intention to export a designated commodity and we are hereby req_uesting an inspection of the consignment, particulars of which are given below, for the issuance of "Certificate of Export Worthiness" as required under the Standards Regulations 19.. for export of the commodity. I/we am/are enclosing a cheque/draft No.....................dated...................................for $..............................on ...................................................... towards the inspection fee for this consignment. 25 1. Name and address of exporter: 2. Name and address of the manufacturer: 3. Buyer's Order No./Exporter Contract No: 4. Description of the Consignment: ( a) Name of the commodity: ( b) Brand Name, if any: ( c) Grade, Size etc. ( d) Quantity: Note: (i) Insert name and address of exporter FORMH (Regulation 28 (7)) STANDARDS ACT, CAP. 411 CERTIFICA1E OF EXPORf WOR1HINF..SS NO: 1. Nruneandaddress oftheexporter: ...................................................................................... ···••····•································•·····•··················································•·••········•··············•···••············ 2. Nameandaddressofthemanufacturer: ....................................................................... . ············································•··················································•··•····•··································•·•·•· 3. Buyer's order number/export contract number: ............................ " .............................. 4. Description of consignment: (a) Narneofthecommcxlity: ...................................................................................... . ·····················································-·············································································· ( b) Brand name, ifany: ................................................................................................. ··•·•··········································•···················································································· 26 ( c) Grade, size etc.: ...................................................................................................... . ( d) Quantity as declared by the exporter: ................................................................ ( e) No.ofpackages: ...................................................................................................... . (f) Value: .......................................................................................................................... ( g) Shipping marks: ...................................................................................................... FORM fl (Regulation 28 (8) ) STANDARDS ACT, CAP. 411 NOTICE REGARDING REFUSAL TO ~ CERl1FICA1E OF JN.9>ECITON FOR EXPORf OF DESIGNATED COMMODflY No: .................................................................................................................................................... To: .................................................................................................................................................... Messrs: From: Bureau of Standards Subject: Pre-shipment inspection of: ...................................................................................... Ref: YournoticeNo.: ........................................ .Dated: ......................................................... TAKENOTICEIBAT: On inspection of the above consignment of...................... . It has been found that the consignment does not conform to the mandatory standard established by the Standards Act Cap 411, and the regulations made thereunder, for the following reasons: As such it is regretted that the certificate of inspection for export cannot be issued in respect of the above mentioned consignment. Date: Place: ···························•···························............... Inspector. 27 SEVWlm: SCHEDlJIE FORM I (Regulation31(2)) STANDARDS ACT CAP. 411 Detention Tag HEID HELD UNDER THE AUTHORITY OF THE STANDARDS ACT, CAP411 AND 1HEREGULATIONSMADE1HEREUNDER DA1E: .............................................................................................................................................. ESTABUSffMENT: ................................................................................................................... INSPECIOR: FORMll (Regulation 31 (3)) STANDARDS ACT CAP. 411 NOTICE OF DE1ENI10N Place: .............................................................................................. Date· ...................................... To: ..........................................................................Address: ........................................................ ·······························•·••···•···································••·········•·•········•··••······•••····•·•·•···•··•·•·•···•·····••••············ TAKENOTICETiiAT: The............................................................................................Cases of...........................................................marked.............................................................................. . brand and said to have originated at. ......................................................................................... 28 under liEI..D TAG NOS......................................................................................................... .. The reasons for the detention are as follows: ........................................................................ ............................................................................... , ................................................................................................................. ........................................................................................................................................................................................................................................................................................................ .............................................. ,,........................................................................................................................................................................................................................ . ...................................................................................................................................................................................... ReIII&.ks: ............................................................................................................................................ ··········!·················........................................................................................._............................................................. You are hereby forbidden to move or cause or allow the same to be moved until you have written authority of an inspector appointed under the Standards Act Cap 411. ................................................................................ ................................................................................ Acknowledged. Inspector. FORM HI (Regulation31(4)) SfANDARD ACT CAP. 411 Notice of Release Place: ........................................................................................................ Date: ............................................ . To: ............................................................................. ,.......................................................................... . Addr'ess: •t••············································............................................................................................................ . TAKE NOTICE TI-IAT: With reference to the ...................................................................... .................................................................................................................................................................................. which were placed under detention on.................................................................................... . by Mr.................................................................................., an inspector appointed under the Standards Act, Cap 411 have been satisfactorily dealt with and released. The details of the commodities are as follows: ···········•···························•··••··•·•••·•·······•····•········•••···•······..................................................................... ····················· . ····•••··•···················•·•·. ··•·•····•·········................................................................................... ................................................................................................................................................................... HeldTagNo............................................ Inspector: ................................................. 29 FORM IV (Regulation 32 (7)) STANDARDS ACT CAP. 411 CERTIFlCA'IE OF ANALYSISffESfS NAMEOFDESIGNA'IEDLABORATORYOR 1ESTHOUSE......................................... ··························•·····························································•····•••··••••··•·····•·······•····•··············•··••·······•····· l. .....................................................................................beingapersondulyauthorizedasan Officer of the above-mentioned Laboratory/fest House designated under the Standards Regulations 1998 do hereby certify as follows: (1) Thatonthe.................................dayof........................................................ 19..... . I received from. ...................................................................................................... . a sealed package, which said package was unopened and the seal thereon unbroken. (2) That I broke the seals and opened the said package and removed therefrom asample, submitted as asampleof...................................................................... . ··································•·····································································••···············••········· taken from................................................................................................................ . of........................................................................................................................................ . (3) That I duly analysed and/or examined the said sample for the purpose of determining if the same conformed to the requirements of the Standards Act Cap 411 and the regulations made thereunder, and I obtained the following results: (4) It is my conclusion that the goods submitted in this sample did/did not comply with the requirements of Antigua and Barbuda Standards, ABBS ....................................................................................................................... . Signed................................................................................ 30 (a person who may sign reports for the purposes of the Standards Act Cap. 411. See Gazette No. ) Certified this .......................................day of.................................................................... 19......... ····························•············•·•··•·•···•····•·••·•······ ·•···•······· ···········•·••·····••·•··••·························•• Designation Analystffester Made this 5th day of March, 1998. HilroyHumph ..eys, Minister responsible Jot the Administration of the Standards Act. Printed at the Government Printing Office, Antigua and Barbuda, by Rupert Charity, Government Printer -By Authority, 1998. lffil..-3~ [ Price $11 .70 J