Brighton & Hove City Council Trading Standards Brighton & Hove Trading Standards Service

Local Authority Trading Standards Services protecting consumers, working with business

Local Authority Trading Standards Services make a significant contribution to local communities by making them better places to live, work and do business.

We:

  • have a direct impact on the well-being of local communities
  • play a vital public health protection role
  • work in partnership with others to drive improvements in public protection, community safety, the environment, economic development and consumer education
  • are a valuable point of contact for businesses who need help, advice and support

We achieve this by:

  • taking action against rogues: disrupting the illegal economy and tackling those who prey on vulnerable consumers
  • supporting business: enabling them to comply with the requirements of consumer law, ensuring fair competition and a thriving local economy
  • working with the police: preventing underage sales of alcohol, fireworks, cigarettes, solvents and spray paints
  • empowering and protecting consumers: [in partnership with Consumer Direct] informing and educating them of their legal rights and intervening to resolve disputes with businesses
  • reducing the carbon footprint: promoting energy efficiency and labelling and regulating excess packaging
  • co-ordinated enforcement: tackling misleading price information in shops and ensuring product safety standards are met


About Us

Trading Standards, or as they are sometimes known, Consumer Protection Departments are a local authority service.

Prior to local government reorganisation they operated at county council level. Today almost all county councils, unitary authorities, metropolitan boroughs and London boroughs have a Trading Standards department.

Officers within each department enforce a range of legislation, over 100 Acts of Parliament and over 600 separate Regulations.

These duties are carried out through inspection, sampling, testing, investigation and advice......increasingly by informing, advising and educating traders and consumers. Many trading standards departments also have a consumer advice section, which can advise consumers on their rights when they have a consumer problem.



Contacting Us

By post:

Brighton & Hove Trading Standards
Bartholomew House
Bartholomew Square
BRIGHTON
BN1 1JP

By telephone:

Consumer advice : 08454 04 05 06
Business advice : 01273 292523

By e- mail:

trading.standards@brighton-hove.gov.uk


Market Surveillance

The Trading Standards Service will carry out enforcement of trading laws through a variety of means, visiting trade premises including manufacturers, importers and retailers. Premises deemed to be high risk will be visited more often than those that are low risk.

Officers will ensure that weighing and measuring equipment is accurate and goods are correctly labelled and described. Price inspections are carried out in order to ensure prices are displayed for all goods and are not misleading and goods such as toys and electrical appliances are sampled and tested for safety and compliance with legislation.

If we receive any complaints or information about alleged breaches of trading laws, we visit traders in order to advise them on how to comply with the legislation and will promote  the Home Authority Principle.


Counterfeiting

Trading Standards Enforcement Officers regularly attend the various markets that take place throughout the year, including the Bank Holiday markets and some regular car boot sales. Unfortunately, there are sometimes sellers offering counterfeit and pirated goods, however these goods can be seized and destroyed by Trading Standards and the owners  prosecuted.

Counterfeit goods are those that are manufactured using trade marks trade names or designs that make them look like genuine branded goods. Mostly, these include sports and leisure wear, belts, wallets, watches, DVDs and computer games. Counterfeiting is detrimental in several ways. The consumer is often paying for sub-standard, poor quality goods or badly copied DVDs and computer games, meaning the manufacturers and retailers of the genuine articles are losing out on business or sometimes if the item is mistaken for the genuine article then their reputation can be damaged. Counterfeiting is also linked to organised crime, meaning that the money spent on pirated copies and counterfeit goods is actually funding many more serious types of crime worldwide.


Complaints and Enquiries

If you wish to complain about a trader then you can contact Consumer Direct South East, who will be able to offer advice and log the details of your complaint. You can call them on 08454 04 05 06. Your complaint will be referred through to the local Trading Standards Department if this is appropriate.


Weights and Measures

                                              

In the UK, transactions in goods by weight or measure are, in most cases, regulated by the Weights and Measures Act 1985 and its secondary legislation the Weights and Packaged Goods Regulations 1986. These regulations ensure that consumers can be confident that they are not being sold short weight or measure, and businesses are protected from competitors gaining unfair advantages by breaking these laws.

Trading Standards departments are responsible for enforcing weights and measures law. We routinely test weighing and measuring equipment used for trade to ensure its accuracy and check-weigh goods to ensure the declared quantity has been supplied. We also carry out tests on production lines of pre-packed foods to check that the quantity declared for each ingredient on the packs is correct.

Information for Consumers

Traders are allowed to show the weight of a product in imperial, so long as the metric equivalent is also shown and the imperial measurement is not more prominent.

 

It is illegal to weigh or advertise a product by only using imperial measurement. If you do want to report a shop/trader for doing this, you need to contact your local Trading Standards Department (address below) who are responsible for enforcing the Weights and Measures Act.

 

All packers of packaged goods in this country have to comply with either the average system or the minimum system, depending on the product. The average system requires packers to ensure that not more than one in 40 packages contain less than the weight or volume stated on the label and none contains less than a set level below the quantity stated. The minimum system, which is used for ‘catch weights’ or variable weights, requires that every package should contain at least the quantity stated

Information for Businesses   

If you want to sell packaged goods in the UK, you must state the weight or volume of the contents on the package. Most packaged goods that are made up within the range of 5g to 10kg or 5ml to 10 L have to state the weight or volume. However there are exceptions to this and suggest you check your product against the Packaged Goods Regulations, or check with your local Trading Standards Department.

 

Most packages in the UK are packed using the ‘average’ system, as set out in the Packaged Good Regulations. Some products are still packed using the minimum system, although this mainly applies to catch weigh or variable weight packages. The average system is used across the European Community, and indeed in most countries throughout the world. The fundamental aim of the average system is to ensure that consumers can rely on the accuracy of quantity indications and are protected against unlawful short measure whilst recognising that there is inherently some fluctuation in the automatic packing process and setting tolerances to allow for small fluctuations.

 

To comply with the ‘average system’, packages must be marked with the weight or volume of the contents and packers and imports must work to three rules:

1. The contents of the packages must not be less on average than the nominal quantity (i.e. that marked on the label)

2. Not more than 1 Package in 40 may contain less than the nominal quantities, by more than an amount know as the tolerable negative error. This varies according to the quantity stated on the package.

3. No packages are allowed to contain less than the nominal quantity by more than twice the tolerable negative error.

A “Code of practical guidance for packers and importers” on meeting the requirements of the average system, is available from The Stationery Office by visiting www.tso.co.uk or by calling 0870 600 5522.

 

The average system does not cover all packages. It applies to goods made up in packages to a predetermined constant quantity above 5gm or 5 ml and to some other goods, such as unwrapped bread and knitting yarn, which are listed in the Packaged Goods Regulations. For example, packs of Cheddar cheese made up to a nominal quantity of 250 g are included, but packs of the same cheese which are made up, weighed and marked with the weight they happen to contain (i.e. catch weights) are outside the average system. Certain goods, such as, ice cream, cakes, fresh fruit and vegetables are excluded, as are goods used in processing, very small and very large packages.

 

A packer is a person who places goods into packages. However, this may not necessarily be the person named on the package, or the person whose brand or trademark appears on the label. A person who packs under contract for a large chain of supermarkets is the packer and must meet all the legal duties.


A packer’s main duty is to ensure that packages will pass a special statistical test called a ‘Reference Test’. This is conducted by Trading Standards Officers and shows whether the packer complies with the three rules. Packers must also:

  • make up all their packages on equipment listed in the Regulations, or
  • check regular samples of the packages using equipment listed in the Regulations and keep a record of the checks for one year.

The packer has a duty to mark the packages legibly and permanently with the nominal quantity and the name and address of the packer or the person arranging for the packing to be done, or a mark that will enable an inspector to identify the packer.

 

The law defines an importer as the ‘person by whom or on whose behalf the package is entered for customs purposes on importation’. A person who brings, for example, canned fruit into the UK which it is intended will be sold through wholesalers is the importer. If the same person brings cans into the country on behalf of a supermarket chain, then the supermarket chain is the importer. However, a person who brings packages into the UK from other EC Member States bearing the ‘e’ mark is not treated as an importer.

 

Importers are responsible for the quantity contained in packages and for ensuring they are correctly marked. In addition, importers have a duty either to carry out checks to confirm the quantity and keep a record of the checks for one year, or to obtain certification documents in order to provide an adequate guarantee of quantity. Certification documents must be either:

  • records of checks carried out overseas on the packages, or
  • a certificate from the overseas weights and measures authority that they operate controls equivalent to the average system, or
  • a declaration from the overseas packer that the packages have been packed to the minimum system.

The ‘e’ Mark

The ‘e’ mark is a special symbol that looks like this: 'e' mark

It must be at least 3mm high and appear in the same field of vision as the statement of nominal quantity.

 

The mark constitutes a guarantee by the packer or importer that a package to which it is applied has been made up in accordance with the average system. It acts as a metrological passport throughout the European Community. There are restrictions on its use and in most cases packers or importers who intend to export ‘e’ marked goods must notify their local weights and measures authority. Local authorities may exempt packers and importers from this obligation and they should always be contacted before the ‘e’ mark is first applied to packages.

 


Animal Health and Welfare

We are responsible for checking identification, breeding and movement records of animals on farms. We also check records and monitor the welfare of animals during transport.

We have a major support role to DEFRA in the event of notifiable disease outbreak and have responsibility for drawing up contingency plans for diseases such as rabies, anthrax and foot & mouth.

We are responsible for ensuring the proper disposal of animal carcases and by-product, on farms and agricultural holdings.

We investigate reports of any animal alleged to have been illegally imported into the UK and subsequently brought into the City of Brighton & Hove. Our powers enable us to seize and detain such animals and order their exportation, detention in quarantine or destruction.

IF YOU INTEND MOVING ANIMALS....YOU WILL NEED A LICENCE.
FOR MORE INFORMATION AND AN APPLICATION FORM ...

PLEASE CONTACT - Donna Lynsdale on 01273 292523



Brighton & Hove City Council Trading Standards, Bartholomew House, Bartholomew Square, Brighton BN1 1JP.
Business Line: (01273) 292523   Fax: (01273) 292524   Electronic Mail: trading.standards@brighton-hove.gov.uk
Consumer Advice Line: 08454 04 05 06. Consumer Advice Electronic Mail: www.consumerdirect.gov.uk/contact_us.shtml

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