Consumer Affairs (Unfair Business Practices) Act, 1988 (Act No. 71 of 1988)

Notice No. 306 of 2005

Control over Preserved Timber

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Department of Trade and Industry

 

Notice in terms of Section 16(1) of the Consumer Affairs (Unfair Business Practices) Act, 1988

Control Over Preserved Timber

 

 

I, Mandisi Mpahlwa, Minister of Trade and Industry, being of the opinion that it is in the public interest, herewith make regulations in terms of section 16(1) of the Consumer Affairs (Unfair Business Practices) Act, 1988 (Act No. 71 of 1988), as set out in the Schedule.

 

 

M Mpahlwa

Minister of Trade and Industry

 

 

Schedule

 

In this notice, unless the context indicates otherwise -

 

"certification mark" means an inspection mark applied by an accredited inspection body or a quality and or performance mark used under permit issued by an accredited certification body;

 

"preserved" means the treatment of timber with a remedy as prescribed in the Code of Practice of the South African Bureau of Standards for the preservative treatment of timber (SABS 05);

 

"SABS" means the South African Bureau of Standards referred to in the Standards Act 1993 (Act No 29 of 1993);

 

"sell" means offer for sale, display, exchange, barter, market, merchandise, tout or trade or dispose of;

 

"treated timber" means all timber which has been preserved with the intention of protecting such timber against timber destroying factors or agents.

 

No person shall sell treated timber, for compensation or any other consideration,

unless the treated timber has been preserved; and

unless the treated timber carries the product certification mark of a body acceptable to the South African National Accreditation System (SANAS).

 

As an interim measure the SABS product certification mark shall be deemed to fulfill the requirements of 2(b) above.

 

Any person who contravenes these regulations or fails to comply therewith, commits an offence and shall be liable on conviction to a fine not exceeding R4 000 or imprisonment for a period of 12 months.

 

Notice 1642 of 2001, published in Government Gazette No 22458 dated 13 July 2001 is hereby repealed.

 

This notice shall come into operation upon the date of publication hereof.