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PUBLIC NOTICE : Consumer Protection Act, Regulations 2006

Consumer Protection Act 2000 and Consumer Protection(Product Safety & Product Labeling) Regulations 2006.

In exercise of the powers conferred by section 3 (1) & (2) of the Consumer Protection (Product Safety & Labeling Standards) Regulations 2006, the public is hereby notified that -   all goods imported, manufactured or traded in Tonga shall comply with the product safety standards prescribed in Part I of Schedule, as well as the product labeling standards as in Part II of Schedule.

A.  PRODUCT SAFETY STANDARD

1. According to PART I of Schedule I of the Consumer Regulations 2006, the General Safety Standard that applies to all goods supplied, distributed or traded for consumer consumption should be:
a. Capable of use for the purpose claimed
b. Safe, for the intended use and for any reasonable use made
c. Durable, reliable and offer satisfactory level of utility and suitability in accordance to any applicable standard prescribed by legislation or as construed reasonable by an ordinary persons
d. Designed or manufactured in accordance with international standards.
2. The following goods shall not be supplied, distributed or traded for consumer consumption:
a. Defective goods
b. Goods that have exceeded its “use by date”, “best before date”, or “expiry date”.
c. Goods with labeling which do not comply with the Product Labeling Standard prescribed in Part II of this Schedule.
d. Goods that have been banned for human consumption in Tonga.

B. PRODUCT LABELING STANDARD

As per PART II of the Schedule I, the Product Labeling Standard that applies for all goods supplied, distributed or traded for consumer consumption is as follows:
1. The label of any goods other than the sale of food, gas, electricity, water and communications –
a) Shall not be described, presented or labeled in a manner that is false, misleading, or deceptive regarding its character
b) Shall not be described or presented by words, pictorial or other devices which refers or suggests directly to any other goods which may be confused with as to lead the consumer to suppose the goods are connected with other goods
c) Shall declare the following information:
I. The name and address of the manufacturer
II. The country of origin
III. Product use, content, maintenance, storage and disposal where appropriate
IV. Relating to possible misuse of the product
V. Advising of any potential harms resulting from use of the product.
2. The information required to appear on the label or labeling pursuant to this standard, shall be written in the English or Tongan language, and shall be clear, legible and displayed in a visible position on the product.
3. Pre-Packaged Food Labeling Standard
All pre-packaged food goods imported, manufactured or traded within Tonga for consumer consumption shall comply with the requirements of the Codex General Standard for the Labeling of Pre-packaged Food (CODEX STAN 1-1985,Rev.1-1991). Copies of the Codex Standard shall be made available to the public at the Consumer Affairs Unit, Commerce Division, Ministry of Labour, Commerce & Industries.

Further enquiries about the above Consumer Protection Act 2000 or Regulations 2006, please contact the Ministry of Labour, Commerce & Industries, at FWC Fasi-Moe-Afi Building, or telephone 23 688.

MINISTRY OF LABOUR, COMMERCE AND INDUSTRIES