The Consumer Protection & Safety Act No. 30 of 1985
As Amended by ACT No. 22 of 1998

CONTENTS

1. Aim of the Act
2. Key Terms Defined
3. The Director of Consumer Guidance
4. Means of Protection
5. Powers of the Minister of Consumer Affairs
6. Offences Created and Penalties
7. Enforcement of the Provisions Act

1. AIM OF THE ACT

This Act makes provision for the protection and safety of consumers. It addresses problems relating to business conduct and commercial practices in Trinidad and Tobago with a view to creating an environment that is as free as possible from injustice and prejudice to consumers.

The structure of the Act is administered and enforced by three functionaries:

• The Director of Consumer Guidance
• The Minister
• Authorised Officers

2. KEY TERMS DEFINED

"Consumer"

Any person who:

1. is a person to whom goods or services are sought to be supplied in the course of a business carried on by the person supplying or seeking to supply them; and
2. does not receive or seek to receive the goods or services in the course of business carried on by him.

"Business"

Includes a professional practice and includes any other undertaking which is carried on for gain or reward or in which goods and services are supplied otherwise than free of charge.

3. THE DIRECTOR OF CONSUMER GUIDANCE

The office of the Director of Consumer Guidance is established by Section 3 of the Act.

Functions

Section 4 lists the following general functions of the Director:

1. to monitor commercial activities in Trinidad and Tobago and to collect information with respect to such activities as they relate to the supply of goods and services to consumers. This is done with a view to determining the existence of any consumer trade practice which may adversely affect the economic interests of consumers;
2. to receive and collate evidence becoming available to him with respect to the activities mentioned in (a) above;
3. to give information and assistance to the Minister with respect to his function listed in (a) and (b) above;
4. to make recommendations to the Minister responsible for consumer affairs as to any action which in the opinion of the Director would be expedient for the Minister or any other Minister to take;
5. to have regard to evidence available to him with respect to any course of conduct on the part of a person carrying on a business which appears to be conduct detrimental and unfair to the interests of consumers;

Additional functions

6. Section 21 – to obtain a satisfactory written assurance from a person carrying on a course of conduct detrimental and unfair to the interests of consumers;
7. to bring criminal proceedings against persons at (f) above who either refuse to give such an assurance, or having given it, fail to honour it;
8. Section 44 – to publish information and advice for the benefit of consumers including the identification of recalcitrant traders.

4. PROTECTION

• Adverse Trade Practices
• Conduct Detrimental and Unfair to the Interest of Consumers
• Consumer Safety
• Publication of Information and Advice

1. Adverse Trade Practices

Section 8 of the Act defines a consumer trade practice as a practice in connection with the supply of goods and services to consumers which relates to one of the six (6) matters specified in paragraphs (a) to (f) of Section 8, namely

1. the terms and conditions of supply;
2. the manner in which those terms are communicated;
3. the manner in which the goods and services supplied are promoted;
4. method of salesmanship;
5. method of packaging; and
6. the methods of demanding or securing payment for goods and services supplied.

In carrying out his general functions under the Act, the Director of Consumer Guidance has the power to determine whether a particular consumer trade practice affects the economic interests of consumers. If he so determines he will make a recommendation to the Minister responsible for consumer affairs to exercise his discretion to act.

Section 16 of the Act gives the Minister, responsible for Consumer Affairs, the power to make Orders to prohibit the continuance of those consumer trade practices which are adverse to the economic interests of consumers.

Any person who contravenes a prohibition imposed by this Order or fails to comply with a requirement imposed by this Order will be criminally liable: Section 17.

1. Consumer Safety

   Part IV of the Act seeks to protect the consumer from unsafe goods. Section 29 gives the Minister the power to make Safety Regulations which contain provisions for the purpose of securing that goods are safe or that appropriate information is provided and inappropriate information is not provided in respect of goods.

   It is important to note that a good for the purpose of this Part of the Act does not include food or drugs. The safety of food and drugs falls under the jurisdiction of the Chemistry Food and Drugs Division of the Ministry of Health.

   A good is defined as 'safe' when the risk of death or personal injury from the good or the circumstances in which the good might be used or kept is prevented or adequately reduced.

   Safety Regulations may impose prohibitions on suppliers of goods or requirements on a manufacturer or processor of the goods. Breach of the Regulations is a criminal offence: Section 30.

   Section 31 vests in the Minister the power to –

   1. make PROHIBITION ORDERS – orders prohibiting persons from supplying specified goods which the Minister deems unsafe;
   2. issue and serve PROHIBITION NOTICES, prohibiting the person on whom the notice is served from supplying goods which the Minister deems unsafe;
   3. issue and serve NOTICES TO WARN requiring the person on whom notice is served to publish a warranty about specified goods which the Minister considers unsafe and which the person is supplying or has supplied.

   Contravention of (i) – (iii) attracts criminal liability: Section 31.

2. Conduct Detrimental and Unfair to the Interest of Consumers

   Section 21 of the Act places a duty on the Director of Consumer Guidance in cases where he has reasonable grounds for believing that a person carrying on a business has in the course of business persisted in a course of conduct which is detrimental and unfair to the interest of consumers. The duty placed on the Director is to obtain a written assurance from the person persisting in the course of conduct that he will refrain from that course of conduct or any similar course of conduct in the course of that business.

   Unlike Section 4 in determining whether conduct is detrimental to the consumer, the Director is not limited to conduct adverse to the economic interest of the consumer but can also consider conduct detrimental to interest in respect of health, safety or other matters.

   A course of conduct is unfair if:

   1. it constitutes a breach of an existing requirement of the criminal law e.g. a breach of the penal provisions of The Trade Descriptions Act 1984 such as Section 3;
   2. it is in breach of an obligation enforceable by civil proceedings e.g. failure to comply with the requirement of the Unfair Contract Terms Act. No. 28 of 1984 in relation to the exclusion of liability for negligently caused death.

   It is a criminal offence under Section 22 - failure to give the Director a written assurance or failure to observe a written assurance.

3. Publication of Information, Advice and Identification of Recalcitrant Traders

   Section 44 gives the Director the power to arrange for the publication of –

   1. information and advice to give expedient to consumers in Trinidad and Tobago;
   2. the names of recalcitrant traders.

   A recalcitrant trader is defined as a person who in the course of his business has engaged in conduct which is detrimental to the interest of consumers.

5. POWERS OF THE MINISTER

1. To make Orders and Notices:
   1. Section 16: Order of the Minister in pursuance of any recommendations put forward by the Director of Consumer Guidance
   2. Section 31: Orders and Notices to prohibit the supply of goods or give warning of danger from goods
   3. Section 32: Power of  the Minister to obtain information that is necessary for the purpose of deciding to make, vary or revoke Safety Regulations, Prohibition Orders, Prohibition Notices to Warn
2. To make Regulations:
   1. Section 29: Safety Regulations
   2. Section 33: Regulations relating to prohibition orders, prohibition notices and notices to warn
   3. Section 40: Regulations regarding the functions of authorised officers
3. To designate persons to be authorised officers:
1. Section 35: The Minister may designate persons to be authorised officer for the purpose of this Act and shall furnish them with a certificate of such designation.


6. OFFENCES CREATED AND PENALTIES

1. Section 17

   It is an offence for a person to contravene a prohibition or fail to comply with a requirement imposed by an Order under Section 16.
   Penalty: In a Summary Court: - Fine: $5000.00 plus four (4) months imprisonment.
   In the High Court: - Fine of $10,000.00 plus two (2) years imprisonment.

    

2. Section 22

   Failure to to give satisfactory written assurance
   Penalty: In a Summary Court: - Fine of $10,000.00 plus six (6) months imprisonment.

    

3. Section 23 and 25

   (1) It is an offence for a person/accessory to fail to refrain from continuing a course of conduct after having been directed by the Court to do so.

   (2) It is an offence for a person/ accessory to violate an undertaking given to the Court to refrain from certain conduct or to take particular steps to prevent the continuance of a course of conduct.
   Penalty: For failing to refrain:
   In a Summary Court: - Fine of $500.00 for each day on which offence is committed.

   For violating an undertaking:
   In a Summary Court: - Fine of $20,000.00 plus six (6) months imprisonment.

    

4. Section 30

   It is an offence to contravene a prohibition or fail to comply with a requirement in the Safety Regulations.
   Penalty: In a Summary Court: - Fine of $10,000.00 plus three (3) months imprisonment.

    

5. Section 31

   It is an offence to contravene prohibition orders, prohibition notices or notices to warn.
   Penalty: In a Summary Court: - Fine of $10,000.00 plus six (6) months imprisonment.

    

6. Section 32

   (i) It is an offence for a person to fail to comply with a requirement or to furnish false information in response to an Order made under Section 32.

   (ii) It is an offence for a person to disclose information gained by virtue of an Order under Section 32 except for the purposes specified in the Act.
   Penalty:

   (i) In a Summary Court: - Fine of $10,000.00 plus six (6) months imprisonment.

   (ii) In a Summary Court: - Fine of $15,000.00 plus twelve (12) months imprisonment.

    

7. Section 39

   It is an offence for any person to –

   (i) a. obstruct;
   b. fail to comply with a request made by;
   c. fail to give information to an authorised officer.

   (ii) disclose any information obtained by him in his capacity as an authorized officer for purposes other than for the performance of his function under the Act.

   (iii) act as an authorised officer when he is not.

   Penalty

   (i) With respect to (i) above; In a Summary Court: - Fine of $5,000.00

   (ii) With respect to (ii) and (iii) above; In a Summary Court: - Fine of $2,000.00
   In the High Court: - Fine of $5,000.00 plus two (2) years imprisonment



7. ENFORCEMENT OF THE ACT

This is the role of authorised officers designated under Section 35 of the Act.

Power of the authorised officers –

1. to make test purchases. Section 37.
2. to enter premises and inspect and seize goods and documents. Section 38.

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