Section 2: Trade description., Trade Descriptions Act 1968

A trade description is an indication, direct or indirect, and by whatever means given, of any of the following matters with respect to any goods or parts of goods, that is to say—

quantity, size or gauge;

method of manufacture, production, processing or reconditioning;

composition;

fitness for purpose, strength, performance, behaviour or accuracy;

any physical characteristics not included in the preceding paragraphs;

testing by any person and results thereof;

approval by any person or conformity with a type approved by any person;

place or date of manufacture, production, processing or reconditioning;

person by whom manufactured, produced, processed or reconditioned;

other history, including previous ownership or use.

The matters specified in subsection (1) of this section shall be taken—

in relation to any animal, to include sex, breed or cross, fertility and soundness;

in relation to any semen, to include the identity and characteristics of the animal from which it was taken and measure of dilution.

In this section "quantity" includes length, width, height, area, volume, capacity, weight and number.

Notwithstanding anything in the preceding provisions of this section, the following shall be deemed not to be trade descriptions, that is to say, any description or mark applied in pursuance of—

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

the Plant Varieties and Seeds Act 1964;

the Agriculture and Horticulture Act 1964 or any Community grading rules within the meaning of Part III of that Act;

the Seeds Act (Northern Ireland) 1965;

the Horticulture Act (Northern Ireland) 1966;

The Consumer Protection Act 1987;

the Plant Varieties Act 1997;

any statement made in respect of, or mark applied to, any material in pursuance of Part IV of the Agriculture Act 1970, any name or expression to which a meaning has been assigned under section 70 of that Act when applied to any material in the circumstances specified in that section . . . any mark prescribed by a system of classification compiled under section 5 of the Agriculture Act 1967 and any designation, mark or description applied in pursuance of a scheme brought into force under section 6(1) or an order made under section 25(1) of the Agriculture Act 1970

Notwithstanding anything in the preceding provisions of this section,

where provision is made under the Food Safety Act 1990 or the Food Safety (Northern Ireland) Order 1991or the Consumer Protection Act 1987 prohibiting the application of a description except to goods in the case of which the requirements specified in that provision are complied with, that description, when applied to such goods, shall be deemed not to be a trade description.

where by virtue of any provision of Chapter 1 of Part 13 of the Human Medicines Regulations 2012 anything which, in accordance with this Act, constitutes the application of a trade description to goods is subject to any requirements or restrictions imposed by that provision, any particular description specified in that provision, when applied to goods in circumstances to which those requirements or restrictions are applicable, shall be deemed not to be a trade description.

Section 2: Trade description.

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