Standards (Belize National Standard BZS1: Part 2: 1998) (Specification for Labelling - Labelling of Pre-packaged Goods) (Declaration as a Compulsory Standard) Order, 1999 (S.I. No. 117 of 1999)

No. 117} BELIZE: Standards STATUTORY INSTRUMENT No. 117 of 1999 ORDER made by the Minister of Industry and Commerce, on the recommendation of the Bureau of Standards, in exercise of the powers confe"ed upon him by section 9(2) of the Standards Act (No. 4 of 1992), and all other powers thereunto him enabling. (Gazetted 16th October, 1999.) 1. This Order may be cited as the STANDARDS (BELIZE NATIONAL STANDARD BZSl: PART 2: 1998)(SPECIFICATION FOR LABELLING - LABELLING OF PRE-PACKAGED GOODS) (DECLARATION AS A COMPULSORY STANDARD) ORDER, 1999. 2. I, JOSE COYE, Minister oflndustry and Commerce, in exercise of the powers conferred upon me by section 9(2) of the Standards Act (No. 4 of 1992), and all other powers thereunto me enabling, do hereby declare that the Belize National Standard (BZSl: P ART2: 1998: SPECIFICATION FORLABELLING-LABELLINGOFPRE-PACKAGED GOODS), the full text of which appears in the Schedule hereto shall, upon the commencement of this Order, become a compulsory standard. 3. The purpose of this compulsory standard is primarily to prevent fraud or deception arising from misleading advertising or labelling of pre-packaged goods and to require that adequate information to be given to consumers and users. Short title. Declaration or compulsory standard. Schedule. Purpose or compulsory standard. 1 2 Standards {No. 117 Commencemmt. 4. This Order shall come into force on the 1st day of November, 1999. MADE by the Minister of Industry and Commerce this 1st day of October, 1999. (JOSE COYE) Minister of Industry and Commerce Printed in Belize by the Government Printer No. 117] Standards SCHEDULE (Paragraph 2) BELIZE NATIONAL STANDARD BZS 1: Part 2: 1998 June 1998 BELIZE NATIONAL STANDARD SPECIFICATION FOR LABELLING PART 2: LABELLING OF PREPACKAGED GOODS BBS BELIZE BUREAU OF STANDARDS #53 Regent Street Belize City, Belize CENTRAL AMERICA 3 Standards /No. 117 BZS 1: Part 2: 1998 IMPORTANT NOTICE Belize Standards are subject to periodic review; and revisions will be published from time to time. If you wish to be notified of the next revision complete and return this label to: BELIZE BUREAU OF STANDARDS, #53 REGENT STREET, P.O. BOX 1647, BELIZE CITY, BELIZE, C.A. DETACH HERE THIS IS YOUR MAILING LABEL. PLEASE PRINT CLEARLY IN INK OR TYPE FULL ADDRESS BZS STANDARD Organization: Individual: Title or Department: Address: No. 117} Standards 5 BZS 1: Part 2: 1998 CONTENTS Section Page 0 FOREWORD 4 1 SCOPE 4 2 DEFINITIONS 5 3 REQUIREMENTS 8 4 USE OF THE BELIZE STANDARD MARK AND OTHER MARKS 12 5 ADVICE ON LABELS 13 6 CONFLICT 13 6 Standards /No. 117 BZS I: Part 2: 1998 BELIZE NATIONAL STANDARD SPECIFICATION FOR LABELLING PART 2: LABELLING OF PREPACKED GOODS 0 FOREWORD 0.1 This standard has been prepared to assist packagers and manufacturers in labelling their products so that they are described at the point of sale in a clear, informative, and truthful manner, and so that a consumer can easily understand the nature of the pre-packaged goods. 0.2 Labelling in conformity with this standard will assist the purchaser or consumer in assessing the nature, quality, use or safety of the goods, so that he can judge whether it suits his needs and is of a quality that is acceptably related to the price. 0.3 In drafting this standard, assistance was derived from: JS 1: Part 20: 1998 Labelling of Prepackaged Goods, Jamaica Bureau of Standards; TTS 21 IO 500: Part 2- 1976 Labelling of Prepackaged Goods. Trinidad and Tobago Bureau of Standards. 0.4 This standard is intended to be compulsory. 1 SCOPE 1.1 This standard sets out the information to be included on labels of goods prepackaged for retail sale, the method of display of such information, and where necessary the wording and units of measurement to be used. No. 117) Standards 7 BZS I: Part 2: 1998 1.2 This standard does not apply to the following: (a) goods or classes of goods where labelling requirements are prescribed by any law enforce in Belize; (b) goods intended for export where different requirements for labelling are prescribed in the country to which they are being exported; (c) goods or classes of goods covered by other Belize Standard, where the provisions of that standard take procedure over the provisions of this standard; (d) gift-wrapped goods; (e) shipping containers, cartons, crates used in transport or storage; and (I) drugs, antibiotics, and other pharmaceutical preparations. 2 DEFINITIONS For the purposes of this standard the following definitions shall apply: 2.1 Address means the postal address of the principal place of business or registered office of: (a) the manufacturer or packager of the goods; or (b) the person for whom the goods are manufactured or packaged. In the case of imported goods, the address may consist of the name of the place where the principal office of the business is located and the name of the country of origin. 2.2 Bulk Container or Multiple Container means a package in which one or more similar articles of prepackaged goods are 8 Standards {No. 117 BZS I: Part 2: 1998 placed and which may be sold together with them by retail as a unit or each prepackaged article may be sold separately. 2.3 Common Name of any goods means the name by which those goods are commonly described in Belize, or name for those goods that is commonly used in trade, art, craft, science, industry or occupation in countries using the English Language (whether or not the name is in English). Also includes any name used in a standard declared by the Belize Bureau of Standards for those goods. 2.4 Competent Authority means a Minister, Ministry, department of government or statutory body in Belize, administering any law regulating the labelling of goods. 2.5 Country of Origin means the country where the nature or quality of the goods was last changed to a significant extent, other than by packaging. 2.6 Date Mark means any date by which the age of any article may be determined if it is subject to deterioration in the course of distribution through trade. 2. 7 Distributor means the person or organization actually engaged in wholesaling directly after the goods are obtained from the manufacturer. The manufacturer may be the distributor of his own products. 2.8 Expiry Date means any date after which the manufacturer or packager does not guarantee any property of the goods by reason of the foreseeable deterioration due to age or normal handling before retail sale. 2.9 Instructions for Use means any information as to the method of storage, handling, use, installation, care, maintenance or repair that may reasonably assist a consumer or user or purchaser in using any goods, or which may be required to be given in No. 117} Standards 9 BZS 1: Part 2: 1998 conformity with a standard, warranty, or any law in force in Belize. 2.10 Label means any brand, design, imprint, legend, mark, pictorial, symbol, tag, word or other descriptive matter, written, printed, stenciled, marked, emt,ossed on or impressed on, attached to or affixed to, sold with, distributed with any· goods. 2.11 Manufacturer means the person who manufactures, produces, processes, prepares, packages, or pre-packages any goods for retail sale or the person who sells any goods under a trade name controlled by that person. It also includes the importer. 2.12. Net Contents means the quantity of goods contained in a package as measured in terms ofa unit of measurement oflength, volume, weight (or mass), or number, when the package and packing materials have been separated from the goods. 2.13 Package means a receptacle, container, wrapper, box, confining band, or cord in or on which goods are enclosed for use in the delivery, or display of that commodity to retail purchasers. It does not include package liners, shipping containers or any other wrapping or box not customarily displayed to the consumer or purchaser at the point of retail sale. 2.14 Pre-packaged Goods means goods placed in advance of sale in the final package, in which they are intended for retail sale, and in which they may be sold, used or purchased without further repackaging. 2.15 Principal Display Panel means the part of the package which is most likely to be displayed, presented, shown or examined under the customarily conditions of display for retail sale. 2.16 Retail Price means the price set or asked by a retailer for: (a) one or a specified number of articles of the goods~ or 10 Standards /No. 117 BZS I: Part 2: 1998 (b) one or a specified number of units of measurement of the goods. 2.17 Sell means to offer, expose, have in possession for sale or display in such a manner as to lead to a reasonable belief that the goods are intended for sale. 2.18 Shipping Container means any container intended to protect goods during transport which is not customarily used to store the goods when displayed for sale. 2.19 Unit of Measurement means any unit in the metric (SI) system ofunits or the Imperial System of units or any other unit prescribed by law for use in trade, or commonly used in trade, science, the arts, or other occupations to measure the properties of an Article. 2.20 Warranty or Guarantee means an undertaking given by a vendor, manufacturer, distributor or supplier to a buyer or consumer with respect to any goods or part of goods, relating to any of the following matters, that is to say: (a) safety; (b) quantity; (c) quality; (d) composition; (e) performance; (/) life span; (g) durability; No. 117} Standards 11 BZS l: Part 2: 1998 (h) repair and maintenance services; (i) replacement of goods if found defective; (j) compensation to the buyer or consumer for any defective goods supplied, or loss, harm, damage or undue hardships resulting from use of any defective goods supplied; or (k) any other related matters not included under (a) to G) above. 2.21 Set or Kit means a number of different articles sold together in one retail package which are intended to be used together, or for similar purposes, or to be assembled to form a single article. 3 REQUIREMENTS 3.1 General-Each package of prepackaged goods shall be labelled with the following information; (a) the common name of the goods; together with any brand name or registered trade name; (b) the name and identifiable business address of processor, manufacturer, packer, importer or distributor and the country of origin; ( c) an accurate declaration of the net contents of the package, subject to such tolerances as may be allowed, in appropriate units of measurement. (d) such accurate description of the major ingredients or components of the goods as recommended by the Belize Bureau of Standard; and (e) an expiry date or date mark where an indication of the age of the goods is likely to be useful to the consumer or purchaser. 12 Standards {No. 117 BZS I: Part 2: 1998 3.1.1 Responsibility for correct labelling - It is the responsibility of any person who sells or distributes any prepackaged goods to see that they are labelled as required by this standard. 3 .2 Prevention of Deception - A label on a package of prepackaged goods may contain other information, designs, symbols or pictorial matter, provided that no words, illustrations, symbols, or other matters are used: (a) to give an erroneous impression as to the net content of the package; (b) to give an erroneous impression as to any ingredient or component of the goods or that the goods contain an ingredient or component that is not in fact contained in it; (c) referring to the nature, origin, type, quality, performance, function or method of manufacture or production of the goods that is likely to give an erroneous impression as to the matter described or depicted; (d) to give an erroneous impression as to the country of origin of the goods; (e) to give and erroneous impression as to the price of the goods; (I) to give an erroneous impression as to the ease of maintenance or repair of the goods, or as to the availability of spare parts for the goods; and (g) to give and erroneous impression as to the producer or manufacturer. 3.3 Position of Information on Package or on the Goods No. 117] Standards 13 BZS I: Part 2: 1998 3 .3 .1 The information required by 3 .1 shall be placed on the principal display panel of the package, that is to say, the part of the package that is displayed or visible to the purchaser or consumer at the point of sale, which may be: (a) in the case of a box, the side or surface commonly displayed; (b) in the case of a cylindrical container, an area covering an arc of the circumference of the cylindrical surface; (c) in the case of a bag with equal sides, one of these sides; (d) in the case of a bag with sides of more than one size, the side with the largest area; (e) in the case of a wrapper or confining band that is much narrower than the goods contained therein; the total area of a ticket or tag attached to the container or to the goods; (I) in the case of an article attached to a displayed card with which it is sold, the area of the display card and of the package; and (g) in the case of an ornamental package ( one in which the surfaces commonly displayed are used solely for decorative ornament and not for any advertising or promotional information other than trade name or names, and the common name of the goods), at the bottom of the package. 3.4 Exemption for Certain Retail Sales - Goods which are repackaged by the retailer need not be labeled with the information required by 3 .1 so long as they are sold or displayed or exposed 14 Standards [No. 117 BZS I: Part 2: 1998 for sale in close proximity to a notice, card, or statement in clearly discernible lettering containing the information required by 3 .1. 3.5 Language to be used on Labels of Prepackaged Goods 3.5.1 All statements required shall be in the English Language, except where the common name, manufacturer's name, or address are in other languages. 3.5.2 All statements required shall be printed or written in the English alphabet with or without accent signs. 3.5.3 All numbers relating to net content stated on the label shall be given in Arabic numerals or in words. 3.5.4 Where the label contains information in English and in one or more other languages, the statements required by 3 .1 shall be separate from the statements in the other languages, and placed on the label or package as required by 3.3. 3.6 Information as to Retail Price or Unit Price 3.6.1 The label on a package may include a statement of the price of the goods in the package. 3.6.2 Where the price ofa package of the goods is not marked on the label or on the package, the price shall be clearly displayed on a card or notice placed in close proximity to the place where the goods are displayed or exposed for sale. 3.6.3 Where units of the same goods differ in quantity so that packages containing the goods are not uniform in net content of each package shall be marked by the packager or retailer on the label together with the price for a unit of measurement of the goods. No. 117} Standards 15 BZS I: Part 2: 1998 3.6.4 Where a claim is made: (a) that the goods are sold at a new price which is less than a previous price; or (b) that an amount has been taken off the price of the goods; the old and new prices shall be stated in figures of equal size and style. 3. 7 Warranties or Guarantee - No reference shall be made on label or on a package to a warranty or guarantee unless: (a) the warranty or guarantee is valid and will be honoured in Belize; and (b) the terms of the warranty or guarantee are made available to the purchaser or consumer at the time he takes possession of the goods. 3.8 Presentation oflnformation - All information required by this standard to be placed on a label or ticket shall be clearly presented and readily discernible under normal conditions of sale. 3.8.1 Where the statements ofcommon name or manufacturer's name or manufacturer's address or country of origin consist of more than one word, the statements thereof required by 3. 1 shall be in letters of identical size and style of print. No statement shall be in letters of less than 1.58 mm (1/16 in) in height. 3.8.2 The information required by 3.1 parts (a) and (b) shall be placed on the principal display panel of the package; that is to say, that part of the package that is most likely to be displayed or visible to the purchaser or consumer at the point of sale. 16 Standards /No. 117 BZS I: Part 2: I 998 3.8.3 The information required by 3.2 parts (c), (d) and (e) shall be shown on any part of the label except that part of the label, if any, applied to the bottom of a container. Such information shall however appear together on the same part of the label and shall not be separated by design or non-mandatory information. 3.9 Date Marking and Expiry Dates 3.9.1 Where the goods are liable to deteriorate within a period of six months after the date of manufacture or packaging so that the quality, safety, hygiene or other desirable characteristic is not likely to be maintained, a date mark shall be placed on the goods, on the label or on the package, and on any bulk container or shipping container. Such a date mark shall not be defaced or removed from the goods or from the label. 3.9.2 An expiry date may be used in place of a date mark, stated in such words as "Not guarantee after (date) or "Best if used before (date)". 3. IO Instructions for Use - and information on Source of Spare Parts 3.10.1 Where any risk to the safety or health or a consumer or user or where any significant deterioration of the quality, performance life, durability, or other property of the goods may result if the goods are not properly stored, handled, transported, used, installed, cared for, maintained or repaired, any appropriate hazard symbol and instructions for use in English shall be provided either on the label, on the package, on the goods, or on a card or paper accompanying the goods or package. 3.10.2 Where components of an article are likely to become unserviceable before the end of the expected life of the No. 117} Standards 17 BZS I: Part 2: 1998 article, and where such components are not commonly available, the instructions for use should indicate: (a) the name or appropriate specification of the component or spare part; and (b) the name and the address of a person in Belize who will be able to supply such a component during the expected period of life of the article. 3.10.3 Where no instructions for use are given with the article or goods, the information on spare parts shall be supplied separately with the goods. 3.11 Sets Kits 3.11.l Where a package contains a set or kit, the label shall indicate: (a) the number of prices or items included; or (b) the article which is produced by assembling the pieces included therein. 4. USE OF THE BELIZE STANDARD MARK AND OTHER MARKS 4.1 The use of the Belize Standard Mark on labels is regulated under the Standards Act, and is administered by the Belize Bureau of Standards. 4.2 The use of other standard marks on labels is also regulated by the Standards Act, and by the organizations owing or operating such marks. 4. 3 Any claim to comply with a Belize Standard, or a foreign or international standard or specification shall be 18 Standards {No. 117 BZS I: Part 2: 1998 substantiated by recent reports of tests or inspections, to be made available on request. 5. ADVICE ON LABELS 5 .1 An applicant shall submit labels or drafts of label to the Belize Bureau of Standards for advice as to whether they comply with this or any other standard on labelling. 5.2 The Bureau may refer the applicant to any competent authority administering a law that includes labelling requirements for particular goods. 6. CONFLICT 6.1 In the event of conflict between the provisions of tis standard and the labelling requirements of any Belize Standard referring to particular goods the latter shall prevail. 6.2 In the event of conflict between the provisions of this standard and any Belize Standard for the labelling of classes of goods which are sold pre-packaged, the latter shall prevail.