Trade Descriptions Act 2011 Part II — Prohibition of false trade descriptions

Prohibition of false trade description

s 5

(1) Any person who— (a) applies a false trade description to any goods; (b) supplies or offers to supply any goods to which a false trade description is applied; or (c) exposes for supply or has in his possession, custody or control for supply any goods to which a false trade description is applied, commits an offence and shall, on conviction, be liable— (A) if such person is a body corporate, to a fine not exceeding two hundred and fifty thousand ringgit, and for a second or subsequent offence, to a fine not exceeding five hundred thousand ringgit; or (B) if such person is not a body corporate, to a fine not exceeding one hundred thousand ringgit or to imprisonment for a term not exceeding three years or to both, and for a second or subsequent offence, to a fine not exceeding two hundred and fifty thousand ringgit or to imprisonment for a term not exceeding five years or to both. (2) The terms used in this section and wherever else occurring in this Act shall be interpreted in accordance with sections 6, 7 and 10.

Trade description

s 6

(1) A trade description is an indication, whether direct or indirect and by any means given, of any of the following matters with respect to any goods or parts of goods: (a) nature or designation; (b) quantity, length, width, height, area, volume, capacity, weight, size or gauge; (c) method of manufacture, production, processing or reconditioning; (d) composition; (e) fitness for purpose, strength, performance, behaviour or accuracy; (f) the standard of fineness of articles made of precious metal; (g) any physical or technological characteristics not included in the preceding paragraphs; (h) date of expiration of the goods; (i) testing by any person and results thereof; (j) quality otherwise than as specified in the preceding paragraphs; (k) approval by any person or conformity with a type approved by any person; (l) place or date of manufacture, production, processing or reconditioning; (m) person who manufactured, produced, processed or reconditioned the goods; (n) other history, including previous ownership or use. (2) The matters specified in subsection (1) shall be taken— (a) in relation to any animal, to include sex, breed or cross, fertility and soundness; (b) in relation to any semen, to include the identity and characteristics of the animal from which it was taken and measure of dilution. (3) Where the application of any description is prohibited under the provisions of the law specified in the Schedule except where applied to goods which comply with the requirements of that law, no such description applied in accordance with the requirements of that law shall be a false trade description. (4) The Minister may amend the Schedule referred to in subsection (3) by order published in the Gazette. (5) For the purposes of this Act, a trade description or statement published in any newspaper, book or periodical or in any film or sound or television broadcast or any other medium, including through electronic means, shall not be deemed to be a trade description or a statement unless it is or forms part of an advertisement.

False trade description

s 7

(1) A false trade description is a trade description which is false to a material degree. (2) A trade description which, though not false, is misleading, that is to say, likely to be taken for an indication of any of the matters specified in section 6 as would be false to a material degree, is deemed to be a false trade description. (3) Anything which, though not a trade description, that is to say, likely to be taken for an indication of any of the matters specified in section 6 as would be false to a material degree, is deemed to be a false trade description. (4) A false indication, or anything likely to be taken as an indication which would be false, that any goods comply with a standard specified or recognized by any person or implied by the approval of any person is deemed to be a false trade description, if there is no such person or no standard so specified, recognized or implied.

s 8

(Deleted by Act A1607).

s 9

(Deleted by Act A1607).

Applying a trade description to goods

s 10

(1) A person applies a trade description to goods if he or any person authorized by him— (a) affixes or annexes it to or in any manner marks it on or incorporates it with— (i) the goods themselves; or (ii) anything in, on or with which the goods are supplied; (b) places the goods in, on or with anything which the trade description has been affixed or annexed to, marked on or incorporated with, or places any such thing with the goods; or (c) uses the trade description in any manner likely to be taken as referring to the goods. (2) For the purpose of this Act, an oral statement may amount to the use of a trade description. (3) Where goods are supplied in pursuance of a request in which a trade description is used and the circumstances are such as to make it reasonable to infer that the goods are supplied as goods corresponding to that description, the person supplying the goods is deemed to have applied that trade description to the goods.

s 11

(Deleted by Act A1607).

Possession for supply

s 12

A person having in his possession three or more of the same goods of similar description and bearing the same trade description mentioned under section 6 is deemed to have in possession the goods for supply.