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Origin Marking Quick Facts

Relevant or Related Legislation: Trade Descriptions Act 1968, Control of Misleading Advertisements Regulations 1988 (SI 1988/915).

Key Facts:

• Generally speaking, there is no requirement in the law of the United Kingdom or the European Union for goods to bear marks indicating their origin, nor is there anything to prevent voluntary origin marking where traders wish to do so.

• Where such marks are applied to goods, the Trade Descriptions Act 1968 effectively requires these marks to be accurate. This Act makes it a criminal offence for a person, in the course of business, to apply false or misleading trade descriptions to goods.

 Frequently Asked Questions (FAQs)

Q1. What are the requirements for marking goods "Made in…"?
Q2. Where is the country of origin?
Q3. What is considered "substantial change"?
Q4. Do the "country of origin" rules apply to advertisements?
Q5. Where can I get more advice?

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 Q1. What are the requirements for marking goods "made in ……?"

Generally speaking, there is no requirement in the law of the United Kingdom or the European Union for goods to bear marks indicating their origin, nor is there anything to prevent voluntary origin marking where traders wish to do so. However, where such marks are applied to goods, the Trade Descriptions Act 1968 effectively requires these marks to be accurate. This Act makes it a criminal offence for a person, in the course of business, to apply false or misleading trade descriptions to goods.

 Q2. Where is the country of origin?

The Trade Descriptions Act 1968 states that goods are deemed to have been manufactured or produced in the country in which they last underwent a treatment or process resulting in substantial change.

 Q3. What is considered "substantial change"?

The Act does not define substantial change and it is for the trader to decide. Ultimately, it would be for a court to decide but if you are in doubt about where your goods originate, you should consult your local authority trading standards department or seek legal advice.

 Q4. Do the "country of origin" rules apply to advertisements?

An inaccurate statement of origin on an advertisement, including an on-pack claim, could lead to action under the Control of Misleading Advertisements Regulations 1988 (SI 1988/915) as well as the Trade Descriptions Act.

 Q5. Where can I get more advice?

This Department (BERR) does not deal with individual consumer enquiries or complaints. If you have an enquiry or are a business that needs advice on origin marking please contact Consumer Direct at: www.consumerdirect.gov.uk (Tel: 08454 04 05 06). Consumers in Northern Ireland should contact Consumer Line on 0845 600 6262.