Standards Act No. 5 of 2006 (CAP 326A)

1. Short title

2. Interpretation PART II THE FUNCTIONS AND POWERS OF THE BARBADOS NATIONAL STANDARDS INSTITUTION

3. Functions of Institution

4. Powers of Barbados National Standards Institution PART III BARBADOS NATIONAL STANDARDS

5. Barbados National Standards

6. Formulating and issuing of standards THE LAWS OF BARBADOS Printed by the Government Printer, Bay Street, St. Michael by the authority of the Government of Barbados 4 STANDARDS PART IV THE STATUS OF THE AGREEMENT ESTABLISHING THE CARICOM REGIONAL ORGANISATION FOR STANDARDS AND QUALITY

7. Agreement to have the force of law PART V DECLARATION OF COMPULSORY STANDARDS

8. Compulsory standards

9. Prohibition of production, sale etc. of commodity

10. Prohibition of possession or use of commodity

11. Power of court PART VI PROHIBITION OF SALE AND IMPORTATION, AND REGISTRATION

12. Prohibition of sale or importation

13. Restriction on use of certain words

14. Power of registering authority

15. Registration of trademarks

16. Exemptions

17. Labelling of commodities

18. Prohibition of sale, importation etc. of prepackaged products THE LAWS OF BARBADOS Printed by the Government Printer, Bay Street, St. Michael by the authority of the Government of Barbados STANDARDS 5

19. Commodities for export PART VII FUNCTIONS OF TRADING STANDARDS INSPECTORS

20. Appointment of inspectors

21. Powers of inspectors

22. Duty of owner or person in charge of premises

23. Power of Minister to order cessation of manufacture etc. of prescribed commodity

24. Inspector to release detained commodity

25. Prohibited imports PART VIII CERTIFICATION MARKING OF GOODS

26. Marking of goods

27. Information in relation to standard mark

28. Powers of entry of inspectors appointed under section 4 PART IX MISCELLANEOUS

29. Regulations

30. Amendment of Schedules THE LAWS OF BARBADOS Printed by the Government Printer, Bay Street, St. Michael by the authority of the Government of Barbados 6 STANDARDS

31. Offences

32. Expenses

33. Saving

34. Repeal of Cap. 325A and Cap. 326A

35. Act binds Crown FIRST SCHEDULE AGREEMENT ESTABLISHING THE CARICOM REGIONAL ORGANISATION FOR STANDARDS AND QUALITY (CROSQ) SECOND SCHEDULE Compulsory Barbados National Standards THE LAWS OF BARBADOS Printed by the Government Printer, Bay Street, St. Michael by the authority of the Government of Barbados STANDARDS 7 BARBADOS STANDARDS 2006-5 An Act to consolidate and revise the law on standards in respect of goods and services offered to the public commercially to encourage the use of standards for the social, cultural and economic development of Barbados and to best ensure inter alia that (a) goods, services, processes and systems used in Barbados conform to the relevant national, regional and international standards in keeping with Barbados’ obligations under international agreements including the Revised Treaty of Chaguaramas, the Agreement Establishing the CARICOM Regional Organisation for Standards and Quality and the Marrakesh Agreement establishing the World Trade Organization; (b) there is certification marking of goods, services, systems and processes; (c) there is fairness in the trade of such goods and services; (d) there is effective and efficient implementation of those standards. [Commencement: 1st June, 2006] THE LAWS OF BARBADOS Printed by the Government Printer, Bay Street, St. Michael by the authority of the Government of Barbados 8 STANDARDS PART I PRELIMINARY Short title

1. This Act may be cited as the Standards Act. Interpretation

2. In this Act, “Agreement” means the Agreement Establishing the CARICOM Regional Organisation for Standards and Quality signed by Member States of the Community in Belize in 2001, the text of which is set out in the First Schedule and includes any Protocols to the Agreement; “Barbados National Standard” means a standard established in accordance with section 5; “Barbados National Standards Institution” or “Institution” means the Institution of that name incorporated under the Companies Act, Cap. 308; “CARICOM Regional Organisation for Standards and Quality” means the Organisation established by the Agreement; “Certification mark” means the Barbados National Standards Institution Certification mark, specified by the Institution to represent conformity to a particular Barbados National Standard; “commodity” means any article, product or thing that is the subject of trade or commerce; “Community” means the Caribbean Community including the CARICOM Single Market and Economy established by the Treaty; “compulsory standard” means a standard that has been so declared by the Minister under section 8(1); THE LAWS OF BARBADOS Printed by the Government Printer, Bay Street, St. Michael by the authority of the Government of Barbados STANDARDS 9 “covering” means any cover, wrapper, stopper, cask, bottle, vessel, box, crate, capsule, case, frame or other container; “mark” means a device, brand, heading, label, ticket, pictorial presentation, name, signature, word, letter or numeral or a combination thereof; “pre-packaged product” means any product that is placed in advance of sale in the final package in which it is intended for retail sale and in which it may be sold, used or purchased without further re-packaging; “process” means a set of interrelated and interacting activities that transform inputs into outputs; “quality assurance” means an assurance given in respect of quality management that focuses on providing confidence that quality requirements shall be fulfilled; “quality management system” is a system that provides a set of interrelated or interacting elements to direct and control an organisation with regard to quality; “sell” includes offer for sale, expose for sale, export, or have in possession for sale or export, or display in such a manner as may reasonably be construed as to invite an offer to treat or to be for sale; “service” has the meaning assigned to it by section 2 of the Consumer Guarantees Act, Cap. 326E; “standard” means (a) a guideline or other document, established by consensus and approved by a recognised body, that provides for (i) common and repeated use, rules, guidelines or characteristics for products or related processes and production methods; or (ii) activities or the results of activities aimed at the achievement of the optimum degree of order in a given context; and THE LAWS OF BARBADOS Printed by the Government Printer, Bay Street, St. Michael by the authority of the Government of Barbados 10 STANDARDS (b) any other guideline or document not referred to in paragraph (a) to which the Agreement refers; “trading standards inspector” means a person holding or assigned to an established post of that name in the Department of Commerce and Consumer Affairs of the Ministry; “Treaty” means the Revised Treaty of Chaguaramas establishing the Caribbean Community including the CARICOM Single Market and Economy signed in The Bahamas on the 5th day of July, 2001. PART II THE FUNCTIONS AND POWERS OF THE BARBADOS NATIONAL STANDARDS INSTITUTION Functions of Institution

3. The Barbados National Standards Institution shall (a) prepare, promote and generally adopt standards on a national, regional or international basis, relating to structures, commodities, materials, articles, services and other things offered to the public commercially; (b) establish and publish in the prescribed manner a standard in respect of any article, process or service; (c) recognise as a standard in relation to an article, process, or service, any standard established by any other standards institution or body recognised by the Institution; (d) promote standardisation, quality assurance and simplification in industry and commerce; (e) facilitate the implementation of standards in Barbados; (f) revise as may be necessary, any national standard process, practice or service; THE LAWS OF BARBADOS Printed by the Government Printer, Bay Street, St. Michael by the authority of the Government of Barbados STANDARDS 11 (g) act as custodian of the national standards of mass, length, capacity, time, temperature and electrical measurements; (h) certify those products, commodities, processes, services and quality systems that conform to the national standards; (i) publish certification marks of any design containing such details as the Institution thinks fit, for the purpose of representing conformity to a particular standard; (j) maintain testing laboratories, for the purpose of testing and examining commodities, products, materials, processes, practices and services and in so doing, to conduct such investigations or research as may be necessary; (k) test precision instruments, gauges and scientific apparatus both for the purpose of determining their accuracy and calibration and the calibration of standards used in industrial and commercial activities; (l) collect and disseminate information on standards and related technical matters, nationally, regionally and internationally; (m) co-ordinate the efforts of producers and users of materials, products, appliances, processes methods and services for the improvement of those materials, products, appliances, processes, methods and services; and (n) do such other things as may be necessary to provide for standardisation in Barbados. Powers of Barbados National Standards Institution

4.(1) The Institution may, pursuant to this Act, (a) grant, renew, suspend or cancel a licence or a permit to use a standard mark; (b) appoint inspectors for carrying out the purposes of Part VIII; and THE LAWS OF BARBADOS Printed by the Government Printer, Bay Street, St. Michael by the authority of the Government of Barbados 12 STANDARDS (c) prohibit, control or regulate the use by any person of a standard mark or facility used for the purpose of certification marking. (2) Where the Institution grants, renews, suspends or cancels a licence or a permit to use a standard mark in accordance with subsection (1), the Institution shall issue a Notice to that effect in the Official Gazette and in a daily newspaper published in Barbados. PART III BARBADOS NATIONAL STANDARDS Barbados National Standards

5.(1) The Institution shall, with the approval of the Minister, establish and publish national standards, to be known as “Barbados National Standards”, in relation to any article, process or service. (2) The Barbados National Standards shall be indicative of the quality and specifications for the article, process or service to which the standards relate. (3) The Barbados National Standards shall include standards established by (a) the CARICOM Regional Organisation for Standards and Quality; or (b) any other standards institution or body recognised by the Barbados National Standards Institution. Formulating and issuing of standards

6.(1) The Institution shall, with the approval of the Minister, formulate and issue standards for such commodities, processes, practices or services as it considers necessary; and, for the purposes of this Act, the standards so formulated and issued may either be compulsory or voluntary. (2) The Institution may, on formulating a standard pursuant to subsection (1) and with the approval of the Minister, declare the standard to be a standard for the commodity, process, practice or service to which it relates. THE LAWS OF BARBADOS Printed by the Government Printer, Bay Street, St. Michael by the authority of the Government of Barbados STANDARDS 13 (3) The Institution shall as soon as possible after a standard has been declared in accordance with subsection (2) cause to be published in the Official Gazette and in a daily newspaper published in Barbados a notice that the standard has been so declared. (4) Where any representations from the public are submitted to the Institution as a consequence of a notice referred to in subsection (3), the Institution shall give due consideration to the representations. (5) A standard may, with the approval of the Minister, be amended or revoked by the Institution; and a notice to that effect shall be published in the manner specified in subsection (3). PART IV THE STATUS OF THE AGREEMENT ESTABLISHING THE CARICOM REGIONAL ORGANISATION FOR STANDARDS AND QUALITY Agreement to have the force of law

7. The Agreement shall have the force of law in Barbados. PART V DECLARATION OF COMPULSORY STANDARDS Compulsory standards

8.(1) The Minister may by order declare a standard formulated in accordance with section 6 to be compulsory if that standard is intended primarily to (a) protect the consumer against danger to health or safety; (b) protect plant and animal health and life; THE LAWS OF BARBADOS Printed by the Government Printer, Bay Street, St. Michael by the authority of the Government of Barbados 14 STANDARDS (c) ensure quality in commodities and services produced for use in Barbados or for export; (d) protect the economy of Barbados; (e) prevent fraud or deception arising from misleading advertising or labelling; (f) require adequate information to be given to the consumer; (g) safeguard the interest of the public; or (h) safeguard the national security of Barbados. (2) Before making an order under subsection (1), the Minister shall give at least 60 days notice of the intention of the Minister to make the order, and that notice shall be published in the Official Gazette and in a daily newspaper published in Barbados giving the date on which it is intended that the compulsory standard is to take effect. (3) The standards declared to be compulsory pursuant to subsection (1) shall be listed in the Second Schedule. (4) The Minister may by order amend the Second Schedule. Prohibition of production, sale etc. of commodity

9. No person shall (a) produce, sell, import, export or use in a commodity a standard that has been declared to be a compulsory standard; or (b) carry out work, the technical rules or the processes of which are declared as a compulsory standard unless the commodity or the process involved in the work conforms to the requirements of the Barbados National Standards for that commodity or process. THE LAWS OF BARBADOS Printed by the Government Printer, Bay Street, St. Michael by the authority of the Government of Barbados STANDARDS 15 Prohibition of possession or use of commodity

10. The Minister may, for the prevention of danger to life or property, by order prohibit the possession or use for any purpose of a commodity the standard of which has been declared to be a compulsory standard, unless the commodity conforms to the requirements of that standard. Power of court

11. Where a compulsory standard exists in relation to a commodity and the manufacturer of that commodity fails to comply with the standard, the Minister may apply to the High Court for an order directing the manufacturer to cease the manufacture of the commodity after a date specified in the order. PART VI PROHIBITION OF SALE AND IMPORTATION, AND REGISTRATION Prohibition of sale or importation

12. The Minister may by order prohibit the sale or importation of a commodity for sale in Barbados if the commodity is proved by the Institution or a laboratory approved by the Institution to be unsafe for use. Restriction on use of certain words

13. Except with the written consent of the Minister, no individual or body of persons may exercise the functions for which that individual or body is formed under a name that contains the word “standard” or “standardised” or the words “Barbados Standard” or any abbreviation of those words. Power of registering authority

14. Where an Act provides for the registration of any individual or body of persons, the registering authority may refuse registration if in its opinion, the THE LAWS OF BARBADOS Printed by the Government Printer, Bay Street, St. Michael by the authority of the Government of Barbados 16 STANDARDS use of the name by which the individual or body desires to be registered is prohibited by section 13. Registration of trademarks

15. Except with the written consent of the Minister, no trade mark that contains the word “standard” or “standardised” may be registered under the Trade Marks Act, Cap. 319. Exemptions

16. Sections 13 to 15 do not apply to (a) the use by any person of any name that was in use in Barbados by that person or any predecessor in the business of that person on 1st June, 2006; or (b) any trade mark registered on 1st June, 2006. Labelling of commodities

17.(1) All labels used on any (a) commodity; or (b) pre-packaged product are required to be written in the English language; but that language need not be the only language used thereon. (2) No person shall label commodities contrary to the labelling required by the relevant Barbados National Standard. Prohibition of sale, importation etc. of prepackaged products

18. No person shall sell, import or advertise any pre-packaged product unless the product has applied to it a label conforming to the relevant Barbados National Standard. THE LAWS OF BARBADOS Printed by the Government Printer, Bay Street, St. Michael by the authority of the Government of Barbados STANDARDS 17 Commodities for export

19.(1) For the purpose of protecting Barbados’ reputation in the export market, no person shall sell for export from Barbados a commodity unless that commodity conforms to the relevant Barbados National Standard for that commodity. (2) Notwithstanding subsection (1), the Minister may by order declare that a specified commodity may be exported on the prior written approval of the Minister where the commodity does not conform to the relevant Barbados National Standard for the commodity. PART VII FUNCTIONS OF TRADING STANDARDS INSPECTORS Appointment of inspectors

20. Persons who are trading standards inspectors shall be required to carry out the functions of inspectors for the purposes of this Part. Powers of inspectors

21. A trading standards inspector may, at reasonable times, and on production of a certificate of appointment, (a) enter any place where he reasonably believes any commodity in respect of which there is in force a compulsory standard specification is manufactured, prepared, packaged, stored or kept for export or imported for sale; (b) examine commodities and take samples thereof free of any charge, and examine anything that he reasonably believes to be used or to be capable of being used for the manufacture, preparation, processing, packing, storing or keeping of a commodity; THE LAWS OF BARBADOS Printed by the Government Printer, Bay Street, St. Michael by the authority of the Government of Barbados 18 STANDARDS (c) open and examine any container that he reasonably believes contains any commodity in respect of which a compulsory standard specification is in force; (d) detain and affix a temporary detention tag to, or issue a detention order in respect of commodities which he reasonably believes to be in contravention of this Part; (e) examine any label used on commodities; or (f) test or have tested any commodity detained by him, or any sample therefrom, or any sample taken by him; but that testing shall be conducted within a period of 21 days or within such longer period as the Minister determines. Duty of owner or person in charge of premises

22. The owner or person in charge of premises in respect of which a trading standards inspector is authorised to enter pursuant to section 21, and any person employed therein, shall give that inspector such reasonable assistance as he may require; and shall furnish him with such information within his knowledge as to enable him to carry out his functions under this Part. Power of Minister to order cessation of manufacture etc. of prescribed commodity

23.(1) The Minister may direct that the owner or person in charge of an establishment who fails to comply with the directions of a trading standards inspector cease forthwith the manufacture, preparation, or processing of any prescribed commodity for such period as the Minister considers necessary; and the owner or person in charge shall comply with the directions. (2) In this section, “prescribed commodity” means a commodity that the Minister declares by order to be one to which this section applies. THE LAWS OF BARBADOS Printed by the Government Printer, Bay Street, St. Michael by the authority of the Government of Barbados STANDARDS 19 Inspector to release detained commodity

24.(1) A trading standards inspector shall release any commodity detained by him where (a) satisfactory proof is provided that it complies with the compulsory standard; or (b) a period of 60 days has expired and the results of any test to be undertaken on the commodity have not been received. (2) Notwithstanding subsection (1), the inspector referred to in that section may, with the approval of the Minister, extend the period of detention for a further month, where the results of tests being undertaken have not been completed within the period specified in subsection (1). Prohibited imports

25.(1) Subject to subsection (2), where samples of imports are found on examination by a trading standards inspector not to comply with the relevant compulsory standard, the imports shall not be admitted for distribution in Barbados; but shall be seized and detained by the trading standards inspector and (a) where that inspector is satisfied that the non-compliance is not the result of the actions of the importer, the inspector may permit the commodity to be re-exported; (b) where the inspector is not so satisfied, the commodity shall be treated as being liable to forfeiture by the Comptroller of Customs under the Customs Act, Cap. 66. (2) Where, in the opinion of the trading standards inspector, an imported commodity is capable of being suitably modified so as to effect conformity with the compulsory standard, the commodity may be admitted for the modification to be carried out under the supervision of and to the satisfaction of the Institution. THE LAWS OF BARBADOS Printed by the Government Printer, Bay Street, St. Michael by the authority of the Government of Barbados 20 STANDARDS PART VIII CERTIFICATION MARKING OF GOODS Marking of goods

26.(1) An article is marked with a standard mark if the covering or label attached to that article is so marked. (2) A process, quality management system or service may be marked by way of a certificate indicating that it conforms to the relevant standard. Information in relation to standard mark

27.(1) Any person who is desirous of using a standard mark on any commodity or with respect to any process or service shall apply to the Institution for a licence to use the relevant standard mark. (2) An applicant for a licence to use a standard mark must submit to the Institution such information, samples of materials or substances used in relation to any article or process as the Institution determines. (3) Information submitted under subsection (2) or obtained by an inspector in the course of his duty is confidential and may not be disclosed by any person except with the consent of the Institution. Powers of entry of inspectors appointed under section 4

28.(1) Where an application is made pursuant to section 27, an inspector appointed under section 4 may at all reasonable times enter upon premises for the purpose of (a) inspecting articles, processes or services in relation to which a standard mark is used, to determine whether (i) an article, process or service conforms to a standard; (ii) a standard mark has been used without a licence; or THE LAWS OF BARBADOS Printed by the Government Printer, Bay Street, St. Michael by the authority of the Government of Barbados STANDARDS 21 (iii) a standard mark has been otherwise improperly used; (b) taking samples of any article, material or substance used in any process or in any other article or service in relation to which a standard mark is used; and (c) carrying out a technical audit of any activity or operation relating to a particular product or process with which a certification mark is associated. (2) An inspector must, upon entering premises, produce a certificate of appointment issued to him by the Institution. PART IX MISCELLANEOUS Regulations

29.(1) The Minister may make regulations respecting (a) the declaration of compulsory standards: (b) the sale or disposal of goods found to be deleterious to the welfare of the consumer; (c) the packaging, labelling of commodities; (d) the exemption from such requirements of this Act as the Minister thinks fit; (e) the inspection of specified commodities that are to be exported; (f) the manufacture, sale, importation or exportation of goods for which a compulsory standard has been declared; (g) the conduct of inspection, examination of commodities and the taking of samples; (h) the forms to be used under this Act; and THE LAWS OF BARBADOS Printed by the Government Printer, Bay Street, St. Michael by the authority of the Government of Barbados 22 STANDARDS (i) generally for giving effect to the purposes of this Act. (2) Notwithstanding paragraph (b) of subsection (3), the Minister may with the approval of the Minister responsible for Finance make regulations with respect to the charging of fees for the conduct of inspection, examination of commodities and the taking of samples. (3) The Institution may (a) with the approval of the Minister, make regulations respecting the following: (i) the design and particulars of standard marks; (ii) the granting, renewal, suspension or cancellation of a licence or permit to use a standard mark; (iii) the conduct of an inspection or a technical audit and the taking of samples; (iv) the forms to be used under this Act; (v) the keeping of a register of licencees; (vi) the keeping of a register of testing laboratories; and (vii) generally, for giving effect to the provisions of Parts IV and VIII. (b) with the approval of the Minister responsible for Finance, make regulations with respect to the fees, charges, rates or dues payable on (i) services performed by or on behalf of the Institution; (ii) the use by a person of a facility provided by the Institution; and (iii) the grant to any person of a certificate, licence or permit. Amendment of Schedules

30. The Minister may by order amend the Schedules. THE LAWS OF BARBADOS Printed by the Government Printer, Bay Street, St. Michael by the authority of the Government of Barbados STANDARDS 23 Offences

31.(1) A person who (a) produces, imports, sells or exports a commodity that does not conform to a compulsory standard; or (b) contravenes section 17(2) or 18 is guilty of an offence and is liable on summary conviction to a fine of $50 000 or to imprisonment for a term of 3 years or to both. (2) A person is guilty of an offence and is liable on summary conviction to a fine of $20 000 or to imprisonment for a term of 2 years or to both who (a) without lawful authority wilfully uses or imitates any detention tag, certificate or order placed on, or issued in relation to an article, or without lawful authority removes, alters, defaces or obliterates, wholly or partially, any detention tag, order or certificate; (b) sells, moves, or causes or allows to be moved, an article detained under this Act; (c) assaults, hinders or obstructs an inspector including a trading standards inspector in the performance of his functions under this Act; (d) fails to comply with any directions of an inspector under section 22; (e) bribes an inspector, including a trading standards inspector, in connection with any matter arising in the performance of his functions; (f) being an inspector, including a trading standards inspector, accepts any bribe in connection with any matter arising in the performance of his functions; (g) in relation to any article or process, in a title or any patent, or in a trade mark or design, uses a standard mark or any colourable imitation thereof without having a licence granted by the Institution; THE LAWS OF BARBADOS Printed by the Government Printer, Bay Street, St. Michael by the authority of the Government of Barbados 24 STANDARDS (h) uses a standard mark in relation to any article or process that does not conform to the standard published or recognised by the Institution; (i) without the permission of the Institution in writing, uses (i) a name that so nearly resembles the name of the Institution, the words “Barbados National Standard” or any abbreviation thereof so as to deceive or be likely to deceive any other person; or (ii) a mark or trade mark in relation to any article or process containing the words “Barbados National Standard”, “Barbados National Standard Specification”, or an abbreviation thereof. (3) A person who fails to comply with section 23 is guilty of an offence and is liable on summary conviction to a fine of $20 000 or to imprisonment for a term of 2 years or to both. Expenses

32. All expenses incurred in the administration of this Act are to be defrayed out of moneys voted for the purpose by Parliament. Saving

33. The (a) Control of Standards Regulations, 1982; and [1982/203] (b) the Barbados National Standards Institution (Certification Marks) Regulations, 1982 [1982/204] are, to the extent that they are not inconsistent with this Act, deemed to have been made under this Act and (A) shall have full force and effect accordingly until replaced by regulations made under this Act; and (B) may be amended by regulations made under this Act. THE LAWS OF BARBADOS Printed by the Government Printer, Bay Street, St. Michael by the authority of the Government of Barbados STANDARDS 25 Repeal of Cap. 325A and Cap. 326A

34. The (a) Barbados National Standards Institution (Certification Marks) Act; and (b) Control of Standards Act are hereby repealed. Act binds Crown

35. This Act binds the Crown. THE LAWS OF BARBADOS Printed by the Government Printer, Bay Street, St. Michael by the authority of the Government of Barbados 26 STANDARDS

FIRST SCHEDULE (Sections 2, 7) AGREEMENT ESTABLISHING THE CARICOM REGIONAL ORGANISATION FOR STANDARDS AND QUALITY (CROSQ) AGREEMENT ESTABLISHING THE CARICOM REGIONAL ORGANISATION FOR STANDARDS AND QUALITY The States Parties: Recognising that liberalisation and globalisation in the world economy have intensified international competitiveness in the production of goods and services; Conscious that the Caribbean Community is extremely vulnerable to penetration by products of sub-standard quality and specifications which could have serious, negative implications for consumer welfare and the integrity of the regional environment; Aware that the establishment of the CARICOM Single Market and Economy constitutes the measured institutional response to current developments present in the international economy as a means of safeguarding and promoting fundamental values of the peoples of the Caribbean Community; Acknowledging that the development and application of harmonised regional standards, technical regulations, conformity assessment procedures and metrology are essential for the efficient operation of the CARICOM Single Market and Economy and, in particular, the international competitiveness of goods and services produced or provided in the Caribbean Community; Conscious also that the formulation and application of internationally accepted standards, technical regulations, conformity assessment procedures and metrology on a regional basis would be cost-effective and enhance the international competitiveness of goods and services produced or provided in the CARICOM Single Market and Economy; THE LAWS OF BARBADOS Printed by the Government Printer, Bay Street, St. Michael by the authority of the Government of Barbados STANDARDS 27 Convinced that the development of regional standards, technical regulations, conformity assessment procedures and metrology would facilitate the operations and improve the delivery of national standards bodies of Member States of the Caribbean Community; Noting that the formal establishment of an inter-governmental regional standardising organisation would entitle it to recognition by competent standardising international organisations resulting in important benefits to the Member States of the Caribbean Community in terms of technical assistance, Have Agreed as follows: ARTICLE 1 USE OF TERMS In this Agreement, unless the context otherwise requires: “Community” means the Caribbean Community including CARICOM Single Market and Economy (CSME) established by the Treaty; “conformity assessment procedures” includes any procedure used, directly or indirectly to determine that relevant requirements in technical regulations or standards are fulfilled; “COTED” means the Council for Trade and Economic Development, an Organ of the Community so named in paragraph 2(b) of Article 10 of the Treaty; “metrology” means the science of measurement for the determination of conformance to technical requirements including the development of standards and systems for absolute and relative measurement; “Secretariat” means the Secretariat of CROSQ; “Secretary-General” means the Secretary-General of the Caribbean Community; THE LAWS OF BARBADOS Printed by the Government Printer, Bay Street, St. Michael by the authority of the Government of Barbados 28 STANDARDS “standard” means a guideline approved by a recognised body that provides for common and repeated use, rules, guidelines or characteristics for products or related processes and production methods, with which compliance is not mandatory. The term may also include or deal exclusively with terminology, symbols, packaging, marking or labelling requirements as they apply to a product, process or production method; “standards related-matters” includes technical regulations, conformity assessment procedures and metrology; “technical regulations” means regulations which specify product characteristics or their related processes and production methods, including the applicable administrative provisions with which compliance is mandatory. The term may also include or deal exclusively with terminology, symbols, packaging, marking or labelling requirements as they apply to a product, process or production method; “Treaty” means the Treaty establishing the Caribbean Community signed at Chaguaramas on the 4th day of July 1973 as revised by the Treaty establishing the Caribbean Community including the CARICOM Single Market and Economy (CSME). ARTICLE 2 ESTABLISHMENT There is hereby established the CARICOM Regional Organisation for Standards and Quality (hereinafter referred to as “CROSQ”) having its composition, objectives, functions and status as set out herein. THE LAWS OF BARBADOS Printed by the Government Printer, Bay Street, St. Michael by the authority of the Government of Barbados STANDARDS 29 ARTICLE 3 MEMBERSHIP 1. Membership of CROSQ shall be open to Member States of the Community. 2. Associate membership may be accorded to Associate Members of the Community, States and political entities of the Association of Caribbean States which, in the opinion of the Council, are willing and able to enjoy the rights and assume the obligations of membership set out in this Agreement. ARTICLE 4 OBJECTIVES 1. The primary objectives of CROSQ shall be the establishment and harmonisation of standards for the enhanced efficiency and improved quality in the production of goods and services in the community, thereby facilitating consumer and environmental protection and improved trade within the community and with third states. 2. Without prejudice to the generality of the provisions of paragraph 1, CROSQ shall, inter alia (a) promote the development and harmonisation of standards, metrology, technical regulations and the mutual recognition of conformity assessment procedures covering goods and services produced or provided in the Community with the aim of facilitating trade and supporting the establishment of the CSME; (b) encourage the mutual recognition of accreditation and certification systems which are based on internationally accepted criteria; THE LAWS OF BARBADOS Printed by the Government Printer, Bay Street, St. Michael by the authority of the Government of Barbados 30 STANDARDS (c) facilitate the achievement of international competitiveness of regional goods and services by fostering a culture of quality in regional enterprises; (d) support standards infrastructure development at the national level; (e) promote consumer welfare and safety; (f) through its operations, contribute to the preservation of the environment and conservation of the natural resources of the Community; (g) provide guidance to Community Organs and Bodies regarding matters within its competence, including disputes settlement; (h) promote and protect the interests of States Parties and Associate Members in regional and international standardising fora, including external negotiations; (i) promote awareness of standards and standards-related matters in governments, commerce, industry and consumers. ARTICLE 5 COMPOSITION OF CROSQ CROSQ shall consist of (a) the Council; (b) the Special Committees; and (c) the Secretariat. THE LAWS OF BARBADOS Printed by the Government Printer, Bay Street, St. Michael by the authority of the Government of Barbados STANDARDS 31 ARTICLE 6 COMPOSITION AND PROCEDURES OF THE COUNCIL 1. The Council shall consist of the Executive heads of the national standards bodies of the States Parties. Each executive head of a national standards body of a State Party may designate an alternate to represent him or her at meetings of the Council. The Council shall elect a Chairman and Vice Chairman at its ordinary meetings who shall hold office for two years. 2. A simple majority of the members of the Council shall constitute a quorum. 3. Decisions of the Council on substantive issues shall be made by a two- thirds majority of the members of the Council. Decisions on procedural issues and recommendations shall be made by a simple majority of the members of the Council. 4. Ordinary meetings of the Council shall be convened at least once in every calendar year and may be held at the headquarters of CROSQ or any other agreed venue in the jurisdiction of a State Party determined by the Council. Extraordinary meetings of the Council shall be held in such jurisdiction of a State Party as the Council considers convenient provided that in exceptional circumstances electronic media may be employed. 5. The council shall permit Associate Members to participate in its meetings but without the right to vote. THE LAWS OF BARBADOS Printed by the Government Printer, Bay Street, St. Michael by the authority of the Government of Barbados 32 STANDARDS ARTICLE 7 FUNCTIONS OF THE COUNCIL 1. The Council shall report annually to COTED which shall determine the policy of CROSQ, particularly the establishment or adoption of regional standards and technical regulations. 2. Subject to the provisions of paragraph 1, the Council shall, inter alia: (a) recommend to COTED harmonised regional standards, for goods and services provided in the Community; (b) recommend to COTED technical regulations for goods and services provided in the Community; (c) promote mutual recognition of conformity assessment procedures and mutual acceptance of certification and accreditation; (d) consider and adopt measure for the resolution of disputes between States Parties relating to standards and standards-related matters; (e) approve the organisations with which CROSQ shall establish and maintain functional co-operation in relation to standards and standards related matters; (f) appoint the Executive Secretary as provided for in paragraph 2 of Article 9 of this Agreement; (g) approve the staff regulations recommended by the Secretariat; (h) recommend to COTED the contributions of States Parties and Associate Members to the budget of CROSQ; (i) recommend for approval the budget of CROSQ recommended by the Secretariat; THE LAWS OF BARBADOS Printed by the Government Printer, Bay Street, St. Michael by the authority of the Government of Barbados STANDARDS 33 (j) recommend for approval the conditions of membership and associate membership of CROSQ; (k) provide oversight with respect to standards and standards-related matters; (l) determine the programmes at which CROSQ may participate; (m) determine the organisations in whose work CROSQ should participate as a member or observer as the case may be; (n) approve the work programme of the Secretariat. ARTICLE 8 COMPOSITION, PROCEDURES AND FUNCTIONS OF THE SPECIAL COMMITTEES 1. Special Committees shall consist of the nominees of States Parties and Associate Members drawn from the public and private sectors. 2. Decisions of the Special Committees shall be made by consensus and shall constitute recommendations to the Council. 3. Special Committees shall meet as often as necessary to perform their functions efficiently and expeditiously. 4. The functions of the Special Committees shall include: (a) the development, adoption, adaptation or harmonisation of standards and standards-related matters as the case may require, in all sectors that affect regional trade of goods and services among Member States; (b) recommending standards and standards-related matters to the Council for action as is appropriate under this Agreement; (c) commenting on proposed regional or international standards; THE LAWS OF BARBADOS Printed by the Government Printer, Bay Street, St. Michael by the authority of the Government of Barbados 34 STANDARDS (d) the establishment or harmonisation of procedures within the Community concerning the assessment, certifying, auditing, accreditation of quality systems, testing laboratories, consultancies, trainers and personnel in specialised fields; (e) providing, as mandated by the Council, technical assistance to educational institutions, private or state-owned companies or agencies or other entities in the Community and familiarising them with the application of standards and standards-related matters; (f) establishing, in collaboration with the Secretariat, a general programme for the development of standards and the provision of technical equipment and trained human resources adequate for the foreseeable needs of the community, for consideration and approval by the Council; (g) such other functions as may be mandated by the Council. ARTICLE 9 COMPOSITION OF THE SECRETARIAT 1. The Secretariat shall consist of the Executive Secretary and such other staff as may be determined by the Council. The Executive Secretary shall be the chief executive officer of CROSQ. 2. The Executive Secretary shall be appointed by the Council for a period of not more than three years and shall be eligible for reappointment. Other staff of the Secretariat shall be appointed by the Executive Secretary on such terms and conditions as may be approved by the Council. 3. In the appointment of professional staff of the Secretariat, due consideration shall be given to equitable geographical representation of the membership of CROSQ. THE LAWS OF BARBADOS Printed by the Government Printer, Bay Street, St. Michael by the authority of the Government of Barbados STANDARDS 35 4. In the performance of their functions, the staff of the Secretariat shall neither seek nor receive instructions from any source external to CROSQ. ARTICLE 10 FUNCTIONS OF THE SECRETARIAT Subject to the directions of the Council, the Secretariat shall perform the following functions: (a) promote the development, harmonisation, application and maintenance of standards and standards-related matters; (b) facilitate and mandate standards and metrology infrastructure development at national and regional levels; (c) undertake training and promote education and information dissemination on standards and standards-related matters; (d) participate in the activities of regional, hemispheric and international standardising bodies; (e) conduct investigations in accordance with Article 12 of this Agreement; (f) prepare annual and other reports for submission to the Council; (g) prepare and recommend the budget of CROSQ to the Council; (h) prepare and recommend the staff regulations to the Council; (i) undertake such other related functions as may be determined by the Council. THE LAWS OF BARBADOS Printed by the Government Printer, Bay Street, St. Michael by the authority of the Government of Barbados 36 STANDARDS ARTICLE 11 ADOPTION OF STANDARDS AND PROCEDURES 1. Special Committees may recommend standards and technical regulations to the Council for adoption. 2. Where the Council endorses a recommendation pursuant to paragraph 1, and commends it to COTED for approval, the States Parties shall, upon the approval of COTED, adopt appropriate legal and administrative arrangements to give effect to the decision of COTED within their respective jurisdictions. ARTICLE 12 CONDUCT OF INVESTIGATIONS 1. Subject to the provisions of this Article, CROSQ shall conduct investigations on issues arising out of standards and standards-related matters at the request of States Parties, Associate Members or the CARICOM Secretariat. 2. The Council on the recommendation of a State Party or on its own initiative may request the Secretariat to carry out investigations. 3. Where an investigation is being carried out, the investigating body shall not, in principle, include representatives or nationals from States Parties or Associate Members involved in the case. Such representatives may, however, be invited to appear before the investigating body concerned to give evidence. 4. The cost of conducting an investigation, including the costs of testing, research, consultancies or other expenses necessarily involved in the conduct of the investigation, shall be borne by the party requesting the investigation. THE LAWS OF BARBADOS Printed by the Government Printer, Bay Street, St. Michael by the authority of the Government of Barbados STANDARDS 37 5. The Executive Secretary shall make satisfactory arrangements for recovery of the expenditure mentioned in paragraph 4. 6. Recommendations by the investigating body shall be submitted to the Executive Secretary who shall make a determination as soon as practicable for transmission to the party requesting the investigation. 7. An appeal may be made to the Council against the determination of the Executive Secretary and the decision of the Council shall be subject to judicial review. 8. States Parties and Associate Members shall undertake to provide and facilitate access to all relevant information for the purpose of the conduct of investigations. ARTICLE 13 FUNDING OF THE ORGANISATION 1. The revenues of CROSQ shall consist of the following: (a) contributions of States Parties and Associate Members; (b) donations or grants from sources approved by the Council; (c) fees derived from the conduct of investigations, training courses, consultancy engagements and other services performed by CROSQ; (d) fees for the use of any mark or standard mark owned or operated by CROSQ; (e) sales of CARICOM standards. 2. The Council shall not approve grants or donations required to be applied in a manner which discriminates among States Parties or Associate Members. THE LAWS OF BARBADOS Printed by the Government Printer, Bay Street, St. Michael by the authority of the Government of Barbados 38 STANDARDS 3. Representative or nominees of States Parties whose contributions to the budget of CROSQ are in arrears by more than two years shall lose the right to vote and hold office in the organs and bodies of CROSQ. 4. Representatives or nominees of Associate Members whose contributions to the budget of CROSQ are in arrears by more than two years shall loose the right to participate in the work of the organs and bodies of CROSQ. ARTICLE 14 STATUS OF THE ORGANISATION 1. CROSQ shall have full juridical personality. 2. States Parties shall in their jurisdiction accord to CROSQ the same capacity accorded to legal persons under their national laws, including the capacity to contract, acquire, hold and transfer movable and immovable property and to sue and be sued in its own name. 3. In any legal proceedings CROSQ shall be represented by the Executive Secretary. 4. CROSQ may conclude agreements with natural and other legal persons for the efficient performance of its functions. 5. States Parties hereby undertake to take such measures as may be required to make the provisions of this Article effective in their respective jurisdictions. THE LAWS OF BARBADOS Printed by the Government Printer, Bay Street, St. Michael by the authority of the Government of Barbados STANDARDS 39 ARTICLE 15 PRIVILEGES AND IMMUNITIES 1. The privileges and immunities to be recognised and granted by States Parties in connection with CROSQ shall be set out in a Protocol to this Agreement. 2. CROSQ shall conclude with the State Party in which the Headquarters is to be located an agreement relating to the privileges and immunities to be granted or accorded to CROSQ. ARTICLE 16 SAVING Nothing in this Agreement shall be interpreted as impairing the validity of the provisions of any regional or international regime in which the States Parties participate. ARTICLE 17 SIGNATURE This Agreement shall be open for signature by the States mentioned in paragraph 1 of Article 3. ARTICLE 18 PROVISIONAL APPLICATION This Agreement may be provisionally applied by no less than eight signatories of the States mentioned in paragraph 1 of Article 3. THE LAWS OF BARBADOS Printed by the Government Printer, Bay Street, St. Michael by the authority of the Government of Barbados 40 STANDARDS ARTICLE 19 ENTRY INTO FORCE This Agreement shall definitively enter into force when it has been signed by the States mentioned in paragraph 1 of Article 3. ARTICLE 20 AMENDMENTS 1. This Agreement may be amended by a decision of COTED on the recommendation of the Council. 2. Amendments shall enter into force one month after the date on which the last State Party to this Agreement has signed the amendment or such other date as the Council may decide. ARTICLE 21 ASSOCIATE MEMBERSHIP 1. Any State or entity mentioned in paragraph 2 of Article 3 may, upon application to the council for associate membership be admitted as an associate member of CROSQ in accordance with paragraph 2 of this Article. 2. Upon an application made pursuant to paragraph 1 of this Article, the Council shall make a determination on such an application. Where the determination is in the affirmative, the Council shall determine the conditions of associate membership. THE LAWS OF BARBADOS Printed by the Government Printer, Bay Street, St. Michael by the authority of the Government of Barbados STANDARDS 41 ARTICLE 22 WITHDRAWAL 1. A state Party which has withdrawn from the Community shall be deemed to have withdrawn from CROSQ on the effective date of such withdrawal from the Community. 2. Any State Party or Associate Member may withdraw from CROSQ by giving at least twelve months’ notice of withdrawal to the Secretariat. 3. A State Party or Associate Member so withdrawing undertakes to honour any outstanding financial obligations duly assumed by it during its membership of CROSQ. THE LAWS OF BARBADOS Printed by the Government Printer, Bay Street, St. Michael by the authority of the Government of Barbados 42 STANDARDS IN WITNESS WHEREOF, the undersigned Heads of Government have appended their signatures to this Treaty. THE LAWS OF BARBADOS Printed by the Government Printer, Bay Street, St. Michael by the authority of the Government of Barbados STANDARDS 43 THE LAWS OF BARBADOS Printed by the Government Printer, Bay Street, St. Michael by the authority of the Government of Barbados 44 STANDARDS THE LAWS OF BARBADOS Printed by the Government Printer, Bay Street, St. Michael by the authority of the Government of Barbados STANDARDS 45 THE LAWS OF BARBADOS Printed by the Government Printer, Bay Street, St. Michael by the authority of the Government of Barbados 46 STANDARDS THE LAWS OF BARBADOS Printed by the Government Printer, Bay Street, St. Michael by the authority of the Government of Barbados STANDARDS 47

SECOND SCHEDULE (Section 8) Compulsory Barbados National Standards Building BNS 29:1979 Steel nails BNS 38:1981 Hollow concrete blocks Chemicals BNS 65:1981 Ammonium sulphate, fertilizer grade BNS 66:1982 Urea, fertilizer grade Ceramic ware in contact with food: release of BNS 135:Part 1:1983 lead and cadmium - Part 1: Method of test Ceramic ware in contact with food: release of BNS 135:Part 2:1984 lead and cadmium - Part 2: Permissible limits BNS 140:1980 Rum Consumer Products Paper: Toilet tissue - Part 1: Single ply roll BNS 24:Part 1:1990 form (revised) BNS 24:Part 2:1990 Paper: Toilet tissue - Part 2: Two-ply roll form BNS 49:1982 Toilet and laundry soaps Food BNS 12:2004 Carbonated beverages BNS 17:1975 Shortening BNS 18:1975 Margarine BNS 26:1976 Canned grapefruit BNS 30:1976 Processed foods (general) THE LAWS OF BARBADOS Printed by the Government Printer, Bay Street, St. Michael by the authority of the Government of Barbados 48 STANDARDS BNS 32:1976 Canned peas and carrots BNS 35:1978 Honey Whole chicken (eviscerated) and chicken BNS 39:1994 parts BNS 43:1978 Pasteurized milk BNS 63:1992 Jams (fruit preserves) and jellies BNS 64:1992 Vinegar BNS 73:1993 Ketchup BNS 82:1979 Salt pork BNS 93:1992 Sauces (general) BNS 103:1978 Canned pineapple BNS 131:1998 Wheat flour BNS 148:1984 Canned corned beef BNS 163:1985 Biscuits Macaroni products (macaroni, spaghetti, and BNS 164:1985 vermicelli) Labelling BNS 5:Part 1:1974 Labelling of commodities (general) BNS 5:Part 2:2004 Labelling of prepackaged food (revised) Labelling of all products manufactured from BNS 5:Part 3:1974 textiles BNS 5:Part 6:1979 Labelling of prepackaged goods Labelling of prepackaged meat and poultry BNS 5:Part 7:2004 parts/cuts and fish and fishery products Pictorial marking for handling of goods BNS 8:1987 (general symbols) (revised) THE LAWS OF BARBADOS Printed by the Government Printer, Bay Street, St. Michael by the authority of the Government of Barbados STANDARDS 49 BNS 23:1976 Labelling of toys and playthings Pictorial marking for handling and labelling BNS 44:1978 of dangerous goods Labelling of brewery products (beer, stout, BNS 186:2000 shandy, malta) BNS CP 3:1980 Care labelling of textiles Liquefied Petroleum Gas (LPG) Storage of liquefied petroleum gas at BNS 126:Part 1:1980 refineries and bulk plants Industrial, commercial and domestic bulk BNS 126:Part 2:1980 storage Bulk transportation of liquefied petroleum BNS 126:Part 3:1980 gases Filling, handling, storage, transportation and BNS 126:Part 4:1980 location of portable containers for liquefied petroleum gas BNS 126:Part 5:1980 Liquefied petroleum gas - transfer of liquids Inspection, testing and re-qualification of BNS 130:1982 portable containers for liquefied petroleum gas THE LAWS OF BARBADOS Printed by the Government Printer, Bay Street, St. Michael by the authority of the Government of Barbados