Standards Regulations (S.R.O. No. 7 of 2020)

42. General penalty. SCHEDULE 1 SCHEDULE 2 \ 2020 STANDARDS S.R.O. 7 2020 STANDARDS S.R.O. 7 COMMONWEALTH OF DOMINICA STATUTORY RULES AND ORDERS No. 7 OF 2020. REGULATIONS MADE by the Minister under section 41 of the Standards Act 1999 (No. 4 of 1999). (Gazetted 5th March , 2020.) PART I Preliminary

1 — These Regulations may be cited as the - Short title

1. These Regulations may be cited as the - Short title. STANDARDS REGULATIONS, 2020.

2 — In these Regulations - Interpretation

2. In these Regulations - Interpretation. “advertisement” includes any representation by any means whatever for the purpose of promoting directly or indirectly the sale, disposal, or use of any goods, service, process or practice; “designated laboratory or testing facility” means a laboratory or testing facility designated under Part V; “fee” means a fee published under regulation 40; “laboratory” means an undertaking engaged in tests, investigations or research, whether or not for reward and using specification tests, which is managed, directed or operated by persons qualified and trained in science, engineering or technology; 2020 STANDARDS S.R.O. 7 “licence” means a licence issued under regulation 15; “licencee” means a person who holds a valid licence; “specification test” means a method of test that is - (a) included in or referred to in a specification; (b) published by the Bureau or by an organisation recognised by the Bureau as competent in designing methods of test of a type useful in applying specifications; or (c) recognised by the Bureau as applicable to any specified goods, service, process or practice; “testing facilities” includes the equipment and personnel necessary for carrying out a specification test; Act No. 4 of 1999. “the Act” means the Standards Act 1999. PART II Declaration of Standards The Bureau may appoint 3. The Bureau may appoint advisory committees to assist in advisory committee. the formulation or adoption of specifications. Bureau to publish notice 4. (1) Where the Bureau formulates or adopts a specification to declare a standard. and proposes to declare that specification as a standard, it shall publish a notice to that effect in three consecutive issues in the Gazette and at least two notices, one in each of two newspapers in general circulation in Dominica. (2) A notice issued under subregulation (1) shall invite comments from the public on the specification or on the proposal to have it declared a standard, and shall state - ( a ) the title and scope of the specification; 2020 STANDARDS S.R.O. 7 (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 formulation of the specification the subject of the notice or the specification from which it was adopted. (3) Where the Bureau proposes that a specification be declared a compulsory standard, the notice under subregulation (1) shall so indicate and shall in addition to the matters set out at subregulation (2) state the date from which it is proposed the compulsory standard will have effect and the reasons for proposing a compulsory standard on the comments.

5 — (1) The Bureau shall forward to the advisory committee Comments to be

5. (1) The Bureau shall forward to the advisory committee Comments to be forwarded to advisory that assisted in the formulation or adoption of the specification all committee. comments received in response to the notice referred to in regulation 4 for its recommendations and the committee shall report thereon to the Bureau. (2) A report under subregulation (1) may include a recommendation that the specification be modified or amended before being declared a standard.

6 — Where a compulsory standard is proposed, the Bureau Compulsory standard

6. Where a compulsory standard is proposed, the Bureau Compulsory standard. shall forward to the Minister the specification as formulated or adopted by the Bureau, the report of the advisory committee, if any, on the public comments received and the Bureau’s recom- mendation on the matter, a copy of the notices published under regulation 4 and information of the dates of their publication. 2020 STANDARDS S.R.O. 7 PART III Compulsory Standards Bureau may petition 7. Where a compulsory standard is declared for any goods, court for cessation. the Bureau may petition the court to order any person manufac- turing the goods in Dominica to cease manufacture of the goods after a specified date if in the opinion of the Bureau that person is unable to comply with the compulsory standard. Imports to be sampled 8. (1) Where a compulsory standard is declared for any and examined. goods, imports of the goods shall, subject to subregulation (2), be sampled and examined on entry before being delivered out of the charge of the Customs department. (2) Samples of imports may be taken to a laboratory or other testing facility without the payment of import duties or other taxes or charges. (3) Where from examination or testing samples of imports are found not to comply with the relevant compulsory standards, the Bureau shall send a report of the examination or test to the Comptroller of Customs and to the importer and subject to sub- regulation (4) the imports shall not be admitted. (4) Where in the opinion of the Bureau the imports may be modified to effect compliance with the compulsory standard the imports may be conditionally admitted for the modification to be carried out to the satisfaction of the Bureau and in any case, or where the modification is not to the satisfaction of the Bureau, the imports shall not be properly admitted. Bureau may waive 9. The Bureau may waive the requirements of sampling and sampling and examination. examination of any import of goods to which regulation 8 refers where - (a) a sample of similar goods from the same country of origin has been examined or tested by a laboratory or 2020 STANDARDS S.R.O. 7 testing facility acceptable to the Bureau and found to comply with the compulsory standard; or (b) a sample of goods taken from the import has been examined or tested in the country of origin by a laboratory or other similar institution, recognized by the Bureau and found to comply with the compulsory standard and a certificate of the examination or test has been submitted to and accepted by the Bureau.

10 — A person shall not export goods manufactured in Dominica Locally manufactured

10. A person shall not export goods manufactured in Dominica Locally manufactured goods may be exported. for which a compulsory standard exists unless the Bureau has issued a certificate to the manufacturer stating that the goods conform to the compulsory standard. PART IV Use of the Dominica Standard Mark

11 — The Dominica Standard Mark is the mark set out in Dominica Standard

11. The Dominica Standard Mark is the mark set out in Dominica Standard Mark. Schedule 1. Schedule 1.

12 — A person shall not use the Dominica Standard Mark Prohibition

12. A person shall not use the Dominica Standard Mark Prohibition. unless he holds a licence.

13 — (1) A person who wishes to obtain a licence to use the Application for licence

13. (1) A person who wishes to obtain a licence to use the Application for licence to use Dominica Dominica Standard Mark shall make an application in writing in Standard Mark. Form A set out in Schedule 2. Schedule 2. (2) An application under subregulation (1) must be accompanied by the appropriate application fee. (3) Where an application is refused, one-half of the application fee shall be refunded to the applicant.

14 — (1) In order to be satisfied that the statements made in the Inspection of premises

14. (1) In order to be satisfied that the statements made in the Inspection of premises. application are true the Bureau shall undertake such inspections of premises, raw materials, components, quality control methods 2020 STANDARDS S.R.O. 7 and procedures, quality and environmental management system and records, testing facilities and records of tests carried out, as may be necessary in every case. (2) The cost of all goods, raw materials, and components required to be tested by the Bureau shall be met by the applicant. Issue of licence. 15. On receipt of an application made under regulation 13 the Bureau may issue a licence to the applicant. Licence to relate to 16. A licence shall relate only to the goods, services, processes, specific goods, etc. or practices that are specified in it and may contain in it terms and conditions that the Bureau may determine. Duration of licence. 17. A licence expires on 31st December of each year but may be renewed upon application being made for renewal and on payment of the appropriate application fee. Revocation of licence. 18. (1) The Bureau may revoke a licence where any of its terms and conditions are violated or upon discovery that any statement in the application was false, deceptive or misleading. (2) Where a licence is revoked the Bureau may take all reasonable steps to prevent the continued use of the Dominica Standard Mark in connection with the goods, services, processes or practices named in the licence and may require the licencee to obliterate or remove the Dominica Standard Mark from any marking device or die or from any goods, wrapping material, packaging or advertising matter on which the licencee was authorised to use it under the licence. Register of licences. 19. The Bureau shall keep a register of licences issued and the register shall contain - (a) the name and address of the licencee; (b) the goods, service, process or practice named in the licence; and 2020 STANDARDS S.R.O. 7 (c) the dates of issue, renewal or revocation of the licence.

20 — The names of licencees and the goods, services, Publication

20. The names of licencees and the goods, services, Publication. processes or practices in connection with which the licencees may use the Dominica Standard Mark shall be published at least annually in the Gazette and at least two newspapers in general circulationinDominica.

21 — The Bureau shall charge fees for a licence to use the Fees

21. The Bureau shall charge fees for a licence to use the Fees. Dominica Standard Mark in connection with any goods and such fees shall be based on the sales of the goods, the frequency of the use of the Dominica Standard Mark, the necessity to purchase samples for testing and on any other considerations that the Bureau considers appropriate.

22 — A licencee shall not use the Dominica Standard Mark User of mark other than

22. A licencee shall not use the Dominica Standard Mark User of mark other than Dominica Standard together with another mark representing compliance with speci- Mark. fications formulated or adopted outside Dominica unless the Bureau and the organisation that controls the other mark consent to the use. PART V Designation of Laboratories and Testing Facilities

23 — The Bureau may appoint a committee consisting of the Designation of

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

24 — A designated laboratory or testing facility, shall - Requirements of

24. A designated laboratory or testing facility, shall - Requirements of designated laboratories and tesing facilities. (a) be equipped to carry out specification tests; (b) be staffed by competent experienced personnel with training to undertake specification tests; (c) be kept in good repair and its equipment calibrated as the Bureau may require; 2020 STANDARDS S.R.O. 7 (d) maintain records of specification tests carried out; (e) charge fees as prescribed by the Bureau for specification tests. Application for 25. (1) A person who wishes to have a laboratory or testing designation to be made to Bureau. facility designated as such by the Bureau for the purposes of the Act shall make an application for the designation of the laboratory or testing facility to the Bureau in writing. (2) An application under subregulation (1) shall include - (a) details of the scientific, engineering and techno- logical apparatus with which the laboratory or testing facility is equipped and of the arrange- ments for their proper maintenance and repair; (b) names, training, qualifications and experience of persons who would sign reports of specification tests, and specimens of those persons’ signatures; (c) a statement of the goods, services, processes or practices which the laboratory or testing facility is competent and willing to investigate; (d) any other information that may be relevant or that the Bureau may require; and (e) any report required by the Bureau. (3) In the case of a laboratory or testing facility in Dominica 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 2020 STANDARDS S.R.O. 7 (b) to maintain the apparatus and equipment in a state of repair including calibration as the Bureau may from time to time require. (4) In the case of a laboratory or testing facility else- where than in Dominica the application shall be accompanied by a certificate issued by a competent authority or person, accept- able to the Bureau, that the statements in the application are true and that 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.

26 — (1) The Bureau may designate a laboratory or testing Bureau may designate

26. (1) The Bureau may designate a laboratory or testing Bureau may designate without application facility for the purpose of the Act, without application being made being made. in any case where the laboratory or testing facility is - (a) a department of Government or 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 investigations involving such test and in receipt of public funds; or (c) owned, operated, designated or certified as competent by an organisation outside of Dominica charged with the formulation, application and enforcement of specifications. (2) In the 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 specification tests.

27 — Notice of the designation of a laboratory or testing facility Notice of designation

27. Notice of the designation of a laboratory or testing facility Notice of designation. 2020 STANDARDS S.R.O. 7 and notification of every revocation thereof shall be published by the Bureau in the Gazette and in at least two newspapers in circulation in Dominica. Publication of 28. Within one year after these Regulations come into operation designated laboratorries and testing facilities. and thereafter annually, the Bureau shall publish a list of designated laboratories and testing facilities and names of persons who, for the purposes of the Act may sign reports of specification tests. Designated laboratory 29. A designated laboratory or testing facility may charge a may charge a fee for a test report. fee approved by the Bureau for a report of a specification test, save that the fee shall be waived on the request of the Bureau where the test was carried out for the Bureau or for a consumer whose complaint is being investigated by the Bureau with a view to commencing legal proceedings. Report to be prima facie 30. (1) A report of a specification test issued by a designated evidence of statements. laboratory or testing facility and signed by the person named by the Bureau for that purpose is prima facie evidence of the statements contained in the report. (2) Reports intended for use in legal proceedings shall be Schedule 2. in Form B set out in Schedule 2. PART VI Testing of Articles Submitted or Seized Testing and examination 31. Where goods intended for export are submitted for of goods. examination or testing in compliance with a requirement of the Bureau made under section 23 of the Act, or where goods are seized under section 29(2)(e) of the Act, the Bureau shall ensure that the goods are tested or examined by a designated laboratory or testing facility. Bureau to purchase 32. Except in the circumstances referred to in regulation 31 or samples. where compliance with a compulsory standard is in question, the Bureau shall purchase all goods or articles required for testing in 2020 STANDARDS S.R.O. 7 order to determine whether they comply with a specification or whether the conditions attached to the use of the Dominica Standard Mark in connection with those goods or articles have been fulfilled.

33 — Goods submitted for examination or seized or purchased Goods for testing to be

33. Goods submitted for examination or seized or purchased Goods for testing to be marked, labelled and by the Bureau for testing shall be marked, labelled and packaged packaged. so as to be clearly identified and protected from reasonably foreseeable damage and delivered at the laboratory or testing facility where the required tests or examinations are to be carried out.

34 — (1) Where the manufacturer or vendor of any goods or Where duplicate samples

34. (1) Where the manufacturer or vendor of any goods or Where duplicate samples are requested. articles taken or seized under the Act requests that a duplicate sample be taken for testing or examination, the person, taking or seizing the goods or articles shall select goods or articles similar to those taken or seized and mark them so that they may be clearly identified and package them to protect them from foreseeable damage and label the package “Duplicate Sample” and deliver the package to the manufacturer or vendor, as the case maybe. (2) Where the manufacturer or vendor of any goods, taken or seized under the Act does not request a duplicate sample, the person taking or seizing the goods or articles may purchase a duplicate sample or may divide the goods or articles taken or seized into two similar parts marking one part “Duplicate Sample”.

35 — In any proceedings under the Act, the Court may order Court may order test

35. In any proceedings under the Act, the Court may order Court may order test. that the duplicate sample referred to in regulation 34 be tested or examined.

36 — (1) Goods or articles seized or taken for testing or Disposal of samples

36. (1) Goods or articles seized or taken for testing or Disposal of samples. examination and not consumed by the testing or examination process shall be returned to the manufacturer or vendor. (2) The Bureau shall dispose of samples purchased by the Bureau in the manner determined by the Bureau. 2020 STANDARDS S.R.O. 7 PART VII Advertising, Labelling and Packaging Approval of Bureau. 37. The Bureau may direct that any advertisement, label or 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. Bureau may require 38. Where a compulsory standard is declared for the practice withdrawal of advertisement. of advertising, the Bureau may require the withdrawal of an advertisement in violation of that standard from publication and the amendment of the advertisement as the Bureau may direct in order to bring it into conformity with the compulsory standard. Offence and penalty 39. A person who advertises, labels or packages goods, relating to advertising, labeling, packaging. service, process or practice contrary to any direction of the Bureau or without obtaining the approval of the Bureau where approval is required, is guilty of an offence and liable on summary conviction to a fine of one thousand dollars and to imprisonment for six months. PART VIII Miscellaneous Bureau to publish list of 40. (1) The Minister shall, on the advice of the Bureau, publish fees. by notice in the Gazette a table of fees, including the application fee for a licence, payable for the services of the Bureau but may at any time, on the advice of the Bureau, waive such fees in respect of any person. (2) Fees published under subregulation (1) may be amended by notice published in the Gazette. Fees charged by 41. The Bureau shall determine and publish fees chargeable for laboratories, etc. to be determined by Bureau. examinations, inspections, specification, or other tests carried out by a laboratory or testing facility of or in connection with any goods, service, process or practice for which a compulsory 2020 STANDARDS S.R.O. 7 standard has been declared or where a specification is commonly recognised as applicable.

42 — A person who contravenes any of these regulations is guilty General penalty

42. A person who contravenes any of these regulations is guilty General penalty. of an offence and liable on summary conviction to a fine of one thousand dollars and to imprisonment for six months.

SCHEDULE 1 (Regulation 11) — (Regulation 11)

SCHEDULE 1 (Regulation 11) DOMINICA STANDARD MARK 2020 STANDARDS S.R.O. 7

SCHEDULE 2 (Regulations 13, 30) — (Regulations 13, 30)

SCHEDULE 2 (Regulations 13, 30) FORM A APPLICATION FOR A LICENCE TO USE THE DOMINICA STANDARD MARK 1. I/We,..................................................................carrying on business at ............................................................(address) (business name)..................................................................... hereby apply for a licence to use the Dominica Standard Mark in connection with the goods/service/practice mentioned below. (1) (a) description of goods................................... (b) brand name.................................................... (c) type, size, grade, style................................. (2) Description of service practice............................... 2. Related Dominica Standards - No.................. Title............................. No................. Title............................. No.................. Title............................ 3. Information on production (calendar years) No. of Units/Value ex works Last year 1st January 20 to 31st December 20 This year 1st January 20 to 31st December 20 ................................................(estimated) 4. Sources of raw materials/components purchased. 5. Standards or specifications used for checking raw materials/components purchased. 6. Testing facilities available to applicant: (a) in factory (b) elsewhere in the Commonwealth of Dominica 2020 STANDARDS S.R.O. 7 (c) in other countries. 7. We operate/do not operate a quality assurance pro- gramme for sampling and testing products and in- puts (if so, give details). DECLARATION 8. (a) I/We agree that for the purposes of an enquiry into the quality of the goods prior to being issued a licence to use the Dominica Standard Mark the Bureau may be given free of charge samples any goods, raw materials or components needed for tests by the Bureau that the Bureau may be satisfied that the goods conform with the Common- wealth of Dominica standards mentioned above; (b) I/We agree to allow the Bureau to make such inspections of processes, practices as may be necessary; (c) I/We agree that any costs for testing or consult- ations involved in assessing the quality of the goods prior to being issued a licence to use the Dominica Standard Mark shall be paid by me/ us at the Bureau’s request; (d) I/We undertake to abide by the terms of any licence to use the Dominica Standard Mark issued to me/us by the Bureau so long as the licence is in force, and to observe the provisions of the Standards Act and Regulations. (e) In the event of the licence being revoked, I/We undertake to cease immediately any use of the Dominica Standard Mark. Signed ....................................................................... Name in block letters............................................. 2020 STANDARDS S.R.O. 7 Position..................................................................... For and on behalf of................................................ Date this day of , 20 Signed............................................................... Owner or person in charge of the goods and services, etc. FORM B REPORT OF SPECIFICATION TEST 1. I the undersigned, state that on the ...........................day of...................................20 .............. I received a sample of ..................................................marked ................................. from ...................................................................................... 2. I carried out an examination/analysis/test the method specified in Dominica DNS .........................................as a test/analysis/examination for .............................................. ................................................................................................. 3. 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 Dominica Standard DNS ......................................................................... ......................................................................... ......................................................................... 2020 STANDARDS S.R.O. 7 Signed ................................... a person authorized to sign re- ports for the purposes of the Standards Act. See Gazette No. Date ( ) Made this 21st day of February, 2020. IAN DOUGLAS Minister for Trade DOMINICA Printed by the Government Printer at the Government Printery, Roseau (Price $4.20 cents )

Standards Regulations (S.R.O. No. 7 of 2020)

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