Protection legislation for holidays makers

MIS-DESCRIPTION OF FOOD, DRINK AND SERVICES

INTRODUCTION

Food is the basic necessity for the well-being of human. Recently, food production has been prepared based on the advancement of modern science and technology. There are several ingredient sources which have been used in the production of food products. These ingredients are either permissible (halal) or prohibited (haram). In addition, there is a mixing of ingredients such as chemical additives and synthetic ingredients.

MISDESCRIPTION OF FOOD

The fraudulent misdescription of food contents on product labels is a widespread problem, particularly with high added-value products commanding a premium price. Proving conclusively that fraud has occurred requires the detection and quantification of food constituents. These are often biochemically similar to the materials they replace, making their identification and measurement extremely difficult. Despite the fact that food matrices are extremely complex and variable, a variety of the molecular markers used to physically map genomes have now been successfully adapted for detection of food substitution.

MISDESCRIPTION OF SERVICES

INTRODUCTION "services" includes any rights, benefits, privileges or facilities

that are or are to be provided, granted or conferred under any contract but does not include rights, benefits or privileges in the form of the supply of goods or the performance of work under a contract of service.

services shall be treated as supplied at the time when the services are provided, granted or conferred.

FALSE OR MISLEADING STATEMENTS AS TO SERVICES, ETC.

(1) It shall be an offence for any person in the course of any Trade or business—

(a) To make a statement which he knows to be false;

(b) Recklessly to make a statement which is false; or

(c) To make any statement which is likely to deceive or Mislead any person,

As to any of the following matters, that is to say—

(i) The provision in the course of any trade or business of any services, accommodation or facilities;

(ii) the nature of any services, accommodation or facilities provided in the course of any trade or business;

(iii) the time at which, manner in which or persons by whom any services, accommodation or facilities are so provided;

(iv) the examination, approval or evaluation by any person of any services, accommodation or facilities so provided;

(v) the location or amenities of any accommodation so provided; or

(vi) the rates or charges for any services, accommodation or facilities so provided.

OFFENCES UNDER THE TRADE DESCRIPTION ACT 1972

INTRODUCTION

The Trade Descriptions Act originally came into effect on November 30th 1968. Since its introduction the legislation has been altered several times; most notably in 1972, 1987, 1998 and 2010. The Act was introduced to replace the old Merchandise Marks laws which were essentially created to protect consumers when purchasing products. In general the Trade Descriptions Act is involved with the description of goods and it is also concerned with the prices and services offered with particular goods. The legislation is a prominent part of the Department of Trade and Industry. This department is responsible for the enforcement and monitoring of the Act.

An Act to consolidate and amend the laws relating to merchandise marks with new provisions prohibiting misdescription of goods provided in the course of trade and false or misleading indications as to the price of goods; to confer power to assign the meaning of any expression or indication used in relation to the prices of goods, charges or rates for services, accommodation or facilities and to regulate, control or prohibit the use thereof in the course of trade or business; to prohibit the making of false or misleading statements as to any services, accommodation or facilities provided in the course of a trade or business; to confer power to require information or instructions relating to goods to be marked on or to accompany the goods or to be included in advertisements; and for related purposes.

FALSE TRADE DESCRIPTION

A false trade description is a trade description which is false to a material degree.

A trade description which, though not false, is misleading, as would be false to a material degree, shall be deemed to be a false trade description.

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 shall be deemed to be a false trade description, if there is no such person or no standard so specified, recognized or implied

FALSE AND MISLEADING INDICATION AS TO PRICE OF GOODS

If any person offering to supply goods of any description gives, by whatever means, any false indication to the effect that the price at which the goods are offered is equal to or less than the recommended price, he shall be guilt of an offence.

If any person offering to supply goods gives, by whatever means, any indication likely to be taken as an indication that the goods are being offered at a price less than that at which they are in fact being offered, he shall be guilty of an offence.

OFFENCE UNDER TRADE DESCRIPTION ORDER 1975

“trade description order” means an order of the High Court made under section 16.

Definition Trade Description Order:

that any expressions used in relation to the goods should be understood as having definite meanings, the Minister may by order assign such meanings either –

(i) to those expressions when used in the course of trade or business as, or as part of, a trade description applied to the goods; or

(ii) to those expressions when so used in such circumstances as may be specified in the order.

 

PROVISIONS AS TO OFFENCES

PENALTY FOR OFFENCES

Any person, other than a body corporate, but including a director, manager, secretary or other similar officer of a body corporate, guilty of an offence under this Act or regulations made there under for which no other penalty is specified shall, on conviction, be liable 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 thousand ringgit or to imprisonment for a term not exceeding six years or to both.

Any person being a body corporate guilty of an offence under this Act or regulations made there under for which no other penalty is specified shall, on conviction, be liable 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.

MISLEADING INDICATION AS TO PRICE

(1) A person commits an offence-

(a) if he gives to a consumer an indication which is misleading as to the price at which any goods or services are available; or

(b) if an indication given by him to a consumer as to the price at which any goods or services are available becomes misleading and he fails to take reasonable steps to prevent the consumer from relying on the indication.

Offence under the food act 1983

 INTRODUCTION

Food safety responsibilities throughout Malaysia are executed through a system of administration including the central, state, district and local authority levels. Within the Ministry of Health, the Food Quality Control Unit, which was established in 1974, is responsible for: the overall technical supervision of food safety activities; formulation of legislation, codes of practice and guidelines; determination of food safety policies; adoption of food sampling and food premises inspection strategies; and coordination of activities at the state and district levels.

The principal food law in Malaysia is the Food Act 1983 and the Food Regulations 1985, which are developed and amended by the Food Safety and Quality Division (FSQD) of the Malaysian Ministry of Health (MoH). Food / dietary supplements are not covered by this Act and Regulations. Certain food-drug interface products are regulated by the MoH National Pharmaceutical Control Authority Board (NPCB).

"food" includes every article manufactured, sold or represented for use as food or drink for human consumption or which enters into or is used in the composition, preparation, preservation, of any food or drink and includes confectionery, chewing substances and any ingredient of such food, drink, confectionery or chewing substances.

FOOD CONTAINING SUBSTANCES INJURIOUS TO

HEALTH Any person who prepares or sells any food that has in or upon

it any substance which is poisonous, harmful or otherwise injurious to health commits an offence and shall be liable, on conviction, to a fine not exceeding one hundred thousand ringgit or to imprisonment for a term not exceeding ten years or to both.

In determining whether any food is injurious to health for the purpose of subsection, regard shall be had not only to the probable effect of that food on the health of a person consuming it but also to the probable cumulative effect of the food of substantially the same composition on the health of a person consuming the food in ordinary quantities.

Effect on agreement of misrepresentation or fraud by

agent

Misrepresentations made, or frauds committed, by agents acting in the course of their business for their principals, have the same effect on agreements made by such agents as if such misrepresentations or frauds had been made or committed by the principals; but misrepresentations made, or frauds committed, by agents, in matters which do not fall within their authority, do not affect their principals.

Tribunal for Consumer Claims Malaysia (TCC)

Tribunal for Consumer Claims Malaysia (TCC), is an independent body set up under Section 85, Part XII of the Consumer Protection Act 1999. Tribunal operates under the Ministry of Domestic Trade, Cooperatives and Consumerism. The main objective of the Tribunal is to provide an alternative channel to consumers.

Any user can file a claim with the Tribunal claiming for losses incurred in connection with any matter concerning his interests as a consumer under the Act.

Jurisdiction of tribunal

The Distribunal shall hear and determine:-

(a) any claims in respect of any matter within its jurisdiction as provided under the act ;

(b) where the total amount claimed does not exceed RM25,000.00; and

(c) any other matter prescribed by the Minister by order published in the Gazette.

The Chairman, Deputy Chairman or any other member of the Tribunal selected by the Chairman, sitting alone shall exercise the jurisdiction of the Tribunal.

Why do we need protection ?

There are four particular reasons why travel makes consumers vulnerable to losing money.

First, we almost always need to pay in advance for the services we book, and often that payment is made months before we travel, especially in the case of air fares. Even if initially we make only a 10 per cent deposit, the normal requirement when buying a package holiday is to pay the full balance eight weeks before departure. (Incidentally, even if we don't pay a hotel in advance, we are legally liable to pay the cost if we cancel and the hotel can't relate the room – if it has our credit card number, the hotel can deduct the amount.)

Second, for most of us, holidays are usually among the most expensive things we buy in a year, so there is a lot of money at stake. There is also a lot of emotion involved – no one likes to lose a longed-for holiday.

Third, we risk losing not only our money and our holiday; we could incur even higher costs. If our travel company fails while we are abroad, we may be stranded and have to pay again for our hotel room, and for new flights to get us home with another airline.

Lastly, because there are already so many ways of protecting holidays, it's easy to assume that we are protected when we aren't.

THE END,THANK YOU