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Statutory Instrument

The Textile Products (Indications of Fibre Content) Regulations 1986

Citation
S.I. 1986/26
As at
Sections
81
Section 1

(1) These Regulations may be cited as the Textile Products (Indications of Fibre Content) Regulations 1986.

(2) This Regulation and Regulations 2, 4 and 10 shall come into operation on 1st March 1986.

(3) Regulations 3, 5 to 9 and 11 shall come into operation on 29th May 1987.

Section 2

The Textile Products (Indications of Fibre Content) Regulations 1973 are hereby further amended by the insertion, after Regulation 2, of the following Regulation—

(2A) These Regulations shall not apply in relation to the supply or offering to supply of textile products which satisfy the requirements of the Textile Products (Indications of Fibre Content) Regulations 1986, notwithstanding that only Regulations 1, 2, 4 and 10 of those Regulations are in operation

Section 3

The Textile Products (Indications of Fibre Content) Regulations 1973, the Textile Products (Indications of Fibre Content) (Amendment) Regulations 1975 and the Textile Products (Indications of Fibre Content) (Amendment) Regulations 1984 are hereby revoked.

Section 4

(1) In these Regulations—

“ the Act of 1968 ” means the Trade Descriptions Act 1968;

“ advertisement ” includes a catalogue, a circular, a price list and other trade literature;

“ apparent width ” means —

the width of a tube or strip when it is folded, flattened, compressed or twisted; or

where the width of a tube or strip is not uniform, the average width;

“ supply ” does not include supply by way of hire;

“ textile fibre ” means —

a unit of matter characterised by its flexibility, fineness and high ratio of length to maximum transverse dimension, which render it suitable for textile applications;

flexible tubes or strips, including strips cut from wider strips or films, which

have an apparent width which does not exceed 5 millimetres;

are produced from the substances used in the manufacture of the fibres referred to by entries 17 to 39 of Part 1 of Schedule 2; and

are suitable for textile applications;

“ textile products ” means —

raw, semi-worked, worked, semi-manufactured, manufactured, semi-made-up or made-up products which are exclusively composed of textile fibres, regardless of the mixing or assembly process employed;

products containing not less than 80 per cent. by weight of textile fibres;

furniture, umbrella and sunshade coverings containing not less than 80 per cent. by weight of textile fibres;

the textile parts of multi-layer floor-coverings, of mattresses and of camping goods, and the warm linings of footwear, gloves, mittens and mitts if such parts and linings contain not less than 80 per cent. by weight of textile fibres.

(2) Where an article (not falling within the previous provisions of these Regulations) incorporates parts consisting of textile fibres and the parts form an integral part of the article, any such parts shall, if any indication of the fibre content of the article is given in the course of a trade or business in relation to the supply of or offer to supply the article or in an advertisement (to which Regulation 6(1) applies) relating to the article, be treated for the purposes of these Regulations as a textile product.

(3) For the purposes of these Regulations a person exposing textile products for supply or having textile products in his possession for supply shall be deemed to offer to supply those products.

Section 5

(1) Subject to the provisions of these Regulations, any person who in the course of a trade or business supplies or offers to supply in the United Kingdom textile products without complying in relation to that supply or offer with the relevant requirements of these Regulations shall be guilty of an offence.

(2) In the case of any supply of, or any offer to supply, textile products by retail, otherwise than where the supply or offer is made to a government department or local authority, or to any other person who is established by a public general Act of Parliament, an indication of the fibre content of the textile products shall be given by one or more of the following methods, that is to say, by marking or labelling the products or where the products are supplied or offered for supply in packing by marking or labelling the packing:

Provided that in the case of undifferentiated goods (not being goods included in Item 12 of Schedule 5 which are supplied in cut lengths) it shall be sufficient compliance with this Regulation if the requirements are complied with while the goods are offered for supply; and in the case of goods included in Item 12 of Schedule 5 which are supplied in cut lengths the indication of fibre content shall be given by labelling the reel on which the goods are supplied or offered for supply. For the purposes of this proviso,

“undifferentiated goods” are textile products of which any part indistinguishable from any other part may be supplied by physically detaching it from the whole in such a quantity as may be specified by the person to whom it is supplied.

(3) In the case of any supply of, or any offer to supply, textile products other than one to which the requirements contained in paragraph (2) above apply an indication of the fibre content of the textile products shall be given by one or more of the following methods, that is to say, by marking or labelling the products or, where the products are supplied or offered for supply in packing, by marking or labelling the packing or in commercial documents accompanying the products.

(4) Where a textile product consists of two or more components which have different fibre contents the fibre content of each component shall be indicated:

Provided that this paragraph shall not apply in relation to a component which accounts for less than 30 per cent. of the weight of the product, unless that component is a main lining.

(5) Where there are two or more textile products which have the same fibre content and normally form a single unit the indication of fibre content required by this Regulation may be given by a single indication of fibre content.

(6) Where a textile product is a brassiere, corset, corselet or other article of corsetry, the indication of fibre content required by this Regulation may be given by a single indication of the fibre content of the whole product or—

(a) in the case of a brassiere, by separate indications of the fibre content of each of or by a comprehensive indication of the fibre content of all of the following components, namely, the outside and inside fabric of the cups and back; or

(b) in the case of a corset, by separate indications of the fibre content of each of or by a comprehensive indication of the fibre content of all of the following components, namely, the front, rear and side stiffening panels; or

(c) in the case of a corselet, by separate indications of the fibre content of each of or by a comprehensive indication of the fibre content of all of the following components, namely, the outside and inside fabric of the cups, the front and rear stiffening panels and the side panels; or

(d) in the case of any other article of corsetry, by separate indications of the fibre content of each of or by a comprehensive indication of the fibre content of all of the components of the article:

provided that such an indication shall not be compulsory in respect of any component which accounts for less than 10 per cent. of the weight of the product.

(7) Where a textile product includes any etch-printed fabric, the indication of fibre content required by this Regulation may be given by separate indications of the fibre content of the base fabric and of the etched parts, in which case, those components shall be mentioned by name.

(8) Where a textile product includes any embroidered fabric, the indication of fibre content required by this Regulation may be given by separate indications of the fibre content of the base fabric and of the embroidery yarns, in which case, those components shall be mentioned by name:

Provided that where the embroidered parts do not exceed 10 per cent. of the surface area of the product, an indication of the fibre content of the embroidery yarns is not required.

(9) Where a textile product includes any velvet or plush fabric or any fabric resembling velvet or plush and the backing of that fabric is distinct from and does not have the same fibre content as the use-surface, the indication of fibre content required by this Regulation may be given by separate indications of the fibre content of the backing and of the use-surface, in which case, those components shall be mentioned by name.

(10) Where a textile product is a floor-covering or carpet and the backing does not have the same textile fibre content as the use-surface, the indication of fibre content required by this Regulation may be given by a single indication of fibre content of the use-surface, which shall be mentioned by name.

(11) Where a textile product is a yarn which—

(a) has a core and a cover which do not have the same fibre content; and

(b) is supplied or offered for supply as yarn,

the indication of fibre content required by this Regulation may be given by separate indications of the fibre content of the core and of the cover.

(12) In relation to textile products offered for supply or supplied together and specified in Schedule 5, the indication of fibre content required by this Regulation may relate to a number of such products if they are of the same type and composition and if that indication is easily accessible to the person to whom the supply is being made.

Section 6

(1) In any advertisement intended for retail customers describing textile products with sufficient particularity to enable the products to be ordered by reference only to the description in the advertisement there shall be included an indication of the fibre content of the products.

(2) Any person, who in the course of a trade or business, publishes in the United Kingdom any advertisement to which paragraph (1) applies without complying with the provisions of that paragraph shall be guilty of an offence.

Section 7

An indication of fibre content shall comply with the provisions of Schedule 1 hereto.

Section 8

Nothing in Regulations 5 or 6 shall apply in relation to any textile product specified in Schedule 4 unless such a product bears a label or marking giving, or any advertisement relating to such a product includes, any part of the indication of fibre content which would be required to be given or included but for this Regulation, or any trade mark or name of an undertaking which contains on its own, or as an adjective or as a root either a name specified in Column 1 of Schedule 2 or a name which is likely to be taken for a name so specified.

Section 9

Nothing in these Regulations shall apply in relation to textile products—

(a) which are intended for export from the United Kingdom;

(b) which are imported into the United Kingdom for transit through the United Kingdom under the control of the Commissioners of Customs and Excise;

(c) which are imported into the United Kingdom for the purposes of re-export after processing;

(d) in respect of a supply to or from outworkers or other persons who are to carry out or who have carried out work on the products on commission.

Section 10

An indication of the fibre content of any textile product which satisfies the requirements of these Regulations shall be deemed not to be a trade description for the purposes of the Act of 1968.

Section 11

(1) The following provisions of the Act of 1968 shall (with necessary modifications) apply in relation to an offence under these Regulations as they apply in relation to an offence under that Act (modified where appropriate in relation to Northern Ireland by section 40(1) of that Act), that is to say sections 18, 19, 20, 23, 24 and 25.

(2) The following provisions of the Act of 1968 shall (with necessary modifications) apply in relation to the enforcement of these Regulations as they apply in relation to the enforcement of that Act (modified where appropriate in relation to Northern Ireland as aforesaid), that is to say sections 26, 27, 28, 29 and 30(1).

(3) Section 33 (modified in relation to Northern Ireland as aforesaid) of the Act of 1968 shall apply in relation to compensation for goods seized and detained under these Regulations as it applies in relation to compensation for goods seized and detained under that Act.

Section 1

The indication of the fibre content of a textile product required by Regulations 5 or 6 shall comply with the following provisions of this Schedule.

Section 2

(1) A name set out in Column 1 of Part 1 of Schedule 2 shall be used in relation to fibre of the description set out in Column 2 of that Part in relation to that name interpreted where appropriate in accordance with the provisions of Part II of that Schedule.

(2) A name so set out shall not be used in relation to any other fibre even as part of a word or phrase or adjectivally. In particular, “silk” shall not be used to indicate the form or particular presentation in continuous yarn of other textile fibres.

Section 3

(1) Subject to sub-paragraph (2), the expressions “100 per cent.”, “pure” and “all” shall only be used in relation to a product if the product is completely composed of one fibre, and similar expressions shall not be used whether or not the product is completely composed of one fibre.

(2) The expressions specified in sub-paragraph (1) may be used in a case where other fibres are present if their presence is due to inadvertent impurities arising during manufacture of the product and not to a systematic addition thereto, and the weight of the fibres due to such reasons does not exceed 2 per cent. or, in the case of a product which has been produced by a manufacturing process in which the final formation of fibres before spinning is determined by a carding process, 5 per cent. of the weight of the product.

The said expressions may also be used when in addition to any fibres mentioned in the preceding provisions of this sub-paragraph there are other fibres present being fibres which—

(a) are intended purely to produce a decorative effect, which are visible and distinct and the weight of which does not exceed 7 per cent. of the weight of the product; or

(b) are incorporated into the product to obtain an anti-static effect and the weight of which does not exceed 2 per cent. of the weight of the product.

Provided that in the case of a product described in paragraph 5(5) below, any such percentage shall be determined separately in relation to the weight of the warp and the weight of the weft.

Section 4

(1) Subject to sub-paragraph (2), the expressions “fleece wool” and “virgin wool” may only be used in relation to a product if the product is composed exclusively of wool fibre which has never been incorporated in a finished product nor been through any spinning or felting or spinning and felting operations other than those required by the manufacture of the product, nor any process or use which has damaged the fibre other than a process or use required by the manufacture of the product.

(2) The expressions “fleece wool” and “virgin wool” may be used to describe wool in a fibre mixture where—

(a) all the wool contained in the mixture is composed exclusively of fibre described in sub-paragraph (1) of this paragraph; and

(b) the weight of the wool in the mixture is not less than 25 per cent. of the weight of the mixture; and

(c) in the case of a scribbled mixture, the mixture consists only of wool and one other fibre.

(3) In the case of a mixture referred to in sub-paragraph (2) the percentage weight of each fibre in the mixture shall be given, and there shall be allowed in giving the indication of fibre content required by this sub-paragraph in relation to the fibre mixture described in sub-paragraph 2(b) only a manufacturing tolerance of 3 per cent. between the indicated and actual percentages in relation to the weight of each type of fibre of the finished product.

(4) For the purposes of the preceding provisions of this paragraph there shall be ignored—

(a) fibrous impurities in the wool not exceeding 0.3 per cent. of the weight of the product;

(b) fibres which are intended purely to produce a decorative effect, which are visible and distinct and the weight of which does not exceed 7 per cent. of the weight of the product; and

(c) fibres which are incorporated into the product to obtain an anti-static effect and the weight of which does not exceed 2 per cent. of the weight of the product.

Section 5

(1) The fibre content of any textile product composed of two or more fibres one of which accounts for not less than 85 per cent. of the weight of the product shall be indicated either—

(a) by the name of the latter fibre immediately preceded or followed by its percentage of the weight of the product; or

(b) by the name of the latter fibre immediately preceded or followed by “85 per cent. minimum”; or

(c) by the names of all the fibres in declining order of their proportion by weight, immediately preceded or followed by their percentages by weight of the product.

(2) The fibre content of any textile product composed of two or more fibres none of which accounts for 85 per cent. or more of the weight of the product, shall be indicated by the names of those fibres which constitute the greatest and next greatest percentage by weight of the product immediately preceded or followed by its percentage of the weight of the product and the names of the other fibres in descending order of their proportion by weight with or without the percentage by weight of those other fibres.

(3) In relation to any product to which sub-paragraph (2) applies, fibres separately accounting for less than 10 per cent. of the weight of the product may be indicated as “other fibres” if the total percentage of weight of those fibres is given.

(4) In relation to any product to which sub-paragraph (2) applies, where the name of a fibre is given and that fibre accounts for less than 10 per cent. of the weight of the product, the name of, and percentage by weight of, every fibre in the product shall be given.

(5) Notwithstanding the foregoing provisions of this paragraph, where a product has a pure cotton warp and a pure flax weft and the weight of the flax is not less than 40 per cent. of the weight of the unsized material the product may be indicated as “cotton linen union” accompanied by “pure cotton warp—pure flax weft” or “pure cotton warp—pure linen weft”.

(6) Subject to the provisions of sub-paragraph (8) below—

(a) in giving, as part of an indication of fibre content required by the foregoing provisions of this paragraph, any percentage in respect of a fibre or fibres, the indicated percentage may differ from the actual percentage in respect thereof by not more than 3 per cent. calculated on the total weight of textile fibres in the finished product on which the indicated percentage was calculated; and

(b) there shall be allowed in relation to any product to which sub-paragraph (2) above applies, in determining the order in which fibres, other than those fibres which constitute the greatest and next greatest percentage by weight of the product, are listed when their percentage by weight is not indicated, a tolerance of 3 per cent.

(7) For the purposes of the preceding provisions of this paragraph there shall be ignored—

(a) fibres which are present in the product if their presence is due to inadvertent impurities arising during manufacture of the product and not to a systematic addition thereto, and the weight of the fibres due to such reasons does not exceed 2 per cent. or, in the case of a product which has been produced by a manufacturing process in which the final formation of fibres before spinning is determined by a carding process, 5 per cent. of the weight of the product;

(b) fibres which are intended purely to produce a decorative effect, which are visible and distinct and the weight of which does not exceed 7 per cent. of the weight of the product; and

(c) fibres which are incorporated into the product to obtain an anti-static effect and the weight of which does not exceed 2 per cent. of the weight of the product:

Provided that in the case of a product described in paragraph 5(5) above, any percentage referred to in (b) or (c) above shall be determined separately in relation to the weight of the warp and the weight of the weft.

(8) The addition of the tolerances referred to in sub-paragraph (6) above and sub-paragraph (7)(a) above shall be allowed only if any inadvertent impurities which are to be left out of account under sub-paragraph (7)(a) above are of the same chemical type as any of the fibres named in the indication of fibre content.

Section 6

The expressions “mixed fibres” and “unspecified textile composition” may be used in relation to any product or part of any product whose fibre content is difficult to determine at the time of manufacture.

Section 7

(1) Subject to sub-paragraph (2) below, in determining the fibre percentage of a product there shall be left out of account—

(a) non-textile parts, selvedges, labels and badges, edgings and trimmings which are not an integral part of the product, buttons and buckles which are covered with textile materials, accessories, decorations, non-elastic ribbons, elastic threads and band which are added at specific and limited points of the product and fibres which—

(i) are intended purely to produce a decorative effect, which are visible and distinct, and the weight of which does not exceed 7 per cent. of the weight of the product; or

(ii) are incorporated into the product to obtain an anti-static effect and the weight of which does not exceed 2 per cent. of the weight of the product:

Provided that in the case of a product described in paragraph 5(5) above, any such percentage referred to in (i) or (ii) above shall be determined separately in relation to the weight of the warp and the weight of the weft;

(b) in the case of floor-coverings and carpets, all components other than the use-surface;

(c) in the case of upholstery fabrics, binding and filling warps and wefts which do not form part of the use-surface;

(d) in the case of fabrics for hangings and curtains, binding and filling warps and wefts which do not form part of the right side of the fabric;

(e) in the case of textile products other than those referred to in (b), (c) and (d) above, base or underlying fabrics, stiffenings and reinforcements, interlinings and canvas backings, stitching and assembly threads which do not replace the warp or weft of the fabric, fillings which do not have an insulating function and (except where the fibre percentage of the main lining itself is being determined), linings;

(f) fatty substances, binders, weightings, sizings and dressings, impregnating products, additional dyeing and printing products and other textile processing products.

In this sub-paragraph “ stiffenings and reinforcements ” means the yarns or materials added at specified and limited points of the textile product to strengthen it or give it stiffness or thickness.

(2) The base material of textile products which serves as a backing for the use-surface shall not be left out of account in determining the fibre percentage of a product.

(3) In determining the fibre percentages of a product there shall be applied to the anhydrous mass of each fibre the relevant agreed allowance set out in Schedule 3.

Section 8

(1) Any indication of fibre content shall be clear and legible and in uniform lettering and shall be separate and distinct from all other information except that—

(a) a trade mark or name of an undertaking may immediately precede or follow the indication of fibre content;

(b) where a supply or offer is one to which the requirements contained in paragraph (2) of Regulation 5 apply and a trade mark or name of an undertaking is applied to the product which contains on its own, or as an adjective or as a root one of the names specified in Schedule 2, or a name which is likely to be taken for a name so specified the trade mark or name must be immediately preceded or followed by the indication of fibre content.

(2) In the case of:—

(a) a supply or offer to which the said paragraph (2) applies, or

(b) any advertisement to which paragraph (1) of Regulation 6 applies,

the indication of fibre content shall be given in the English language whether or not it is given in some other language. Bobbins, reels, skeins, balls and any other small quantity of sewing, mending and embroidery yarn may bear an indication of fibre content in any of the languages of the European Economic Community, but if the indication of fibre content is given on packaging containing, or a display bearing, a number of such items, then that latter indication shall be in English.

(3) For the purposes of giving an indication of fibre content abbreviations may be used, but only if the abbreviation is used in a commercial document and consists of a mechanical processing code and then only if an explanation of the code is given in the same document.

Section 1

sleeve-supporting arm-bands

Section 2

watch straps of textile materials

Section 3

labels and badges

Section 4

stuffed pan-holders of textile materials

Section 5

tea cosies

Section 6

coffee cosies

Section 7

sleeve protectors

Section 8

muffs other than in pile fabric

Section 9

artificial flowers

Section 10

pin cushions

Section 11

painted canvas

Section 12

textile products for base and underlying fabrics and stiffenings

Section 13

felts

Section 14

old made up textile products, where explicitly stated to be such

Section 15

gaiters

Section 17

packagings, not new and sold as such

Section 18

felt hats

Section 19

purses, pouches, cases, bags and saddlery, of textile materials

Section 20

travel goods of textile materials

Section 21

hand-embroidered tapestries, finished or unfinished, and materials for their production, including embroidery yarns, sold separately from the canvas and specially presented for use in such tapestries

Section 22

slide fasteners

Section 23

buttons and buckles covered with textile materials

Section 24

book covers of textile materials

Section 25

toys

Section 26

textile parts of footwear, excepting warm linings

Section 27

table mats having several components and a surface area of not more than 500 cm 2

Section 28

oven gloves and cloths

Section 29

egg cosies

Section 30

make-up cases

Section 31

tobacco pouches of textile fabric

Section 32

spectacle, cigarette and cigar, lighter and comb cases of textile fabric

81 sections

Cite this legislation

The Textile Products (Indications of Fibre Content) Regulations 1986 (legislation.gov.uk, OGL v3.0). Retrieved via LawPlayer, https://lawplayer.com/uk/act/uksi-1986-26

Contains public sector information licensed under the Open Government Licence v3.0.

OGL-3

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