"made" in the UK claim?

I vaguely recall a BBC documentary a year or two ago about food products and labelling. As I recall from that it is legal to put say "produced in the UK" if the final stage of production is done in the UK.

I can't reference that though, but I am sure someone can provide a more authoritative answer.

Surely within the aromatherapy market the end user would be more impressed with India being on the label as the source of the product rather than the UK ?

Trying to find you a link online but the pertinent case is this one:-

Brother International GmbH v Hauptzollampt Giessen (Case C 6/88) (1990) Times, 15 January. http://eur-lex.europa.eu/Notice.do?...nternational~&checktexte=checkbox&visu=#texte

In very brief to be classed as made in the UK:

1.Simple assembly operations do not come within the definition of a substantial process or operation to be taken into account in determining the origin of goods within the meaning of Article 5 of Regulation No 802/68, interpreted in the light of the provisions of the International Convention on the simplification and harmonization of customs procedures, which have been accepted by the Community . Simple assembly operations are those that do not require staff with special qualifications for the work in question or sophisticated tools or specially equipped factories for the purposes of assembly . Such operations cannot be held to be such as to contribute to the essential characteristics or properties of the goods in question .

2.It is clear both from Article 5 of Regulation No 802/68 and the provisions of the International Convention on the simplification and harmonization of customs procedures, which have been accepted by the Community, that the mere assembly of previously manufactured parts originating in a country different from that in which they were assembled is sufficient to confer on the resulting product the origin of the country in which assembly took place, provided that from a technical point of view and having regard to the definition of the goods in question such assembly represents the decisive production stage during which the use to which the component parts are to be put becomes definite and the goods in question are given their specific qualities . If the application of that criterion is not conclusive, it is necessary to examine whether all the assembly operations in question result in an appreciable increase in the commercial, ex-factory value of the finished product . On the other hand, it is not necessary to determine whether the assembly involves any intellectual contribution .

3.Article 6 of Regulation No 802/68 on the common definition of the concept of the origin of goods must be interpreted as meaning that the transfer of assembly from the country in which the parts were manufactured to another country in which use is made of existing factories does not in itself justify the presumption that the sole object of the transfer was to circumvent the provisions applicable in the Community or the Member States to goods from certain countries unless the transfer of assembly coincides with the entry into force of the relevant regulations . In that case, the manufacturer concerned must prove that there were reasonable grounds, other than avoiding the consequences of the provisions in question, for carrying out the assembly operations in the country from which the goods were exported .

I would say that you san so long as

• The final process adds at least 10% in value
• The final country offers specific technical expertise that cant be gained in the real country of origin
• Specific characteristics of the product were added in the final stage
• If criteria above met then - It's ok to say "made in britain" as long as the only reason for the assembly in Britain wasn't just so you could say "made in britain"

scm5436 said:

But based on that you wouldn't be able to claim anything was made in Britain if you imported the raw materials. I mean what if you made a cake using French flour? Could you not say the cake was "made in britain"? Or if you made a wooden toy out of a Canadian tree?
.

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Well I would say that turning French flour into a cake in this country would add substantially more than 10% in value to the product. As far as you're concerned the value is probably your best angle in terms of labelling your products made in britain/uk/england etc.

I woul dsay you are fine to state "made in UK". What is the worst that could happen? One day someone might ask for evidence and you can then state all the added value/cost added in the UK to the end product. If they still object and "they" are someone you have to take note of then you might need to get some labels re-printed.

Whilst it seems a bit of a grey area I think you are sufficiently on the white side to use made in Britain with reasonable confidence.

Arhob1 said:

I woul dsay you are fine to state "made in UK". What is the worst that could happen?

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18 Penalty for offences
A person guilty of an offence under this Act for which no other penalty is specified shall be liable:

(a) on summary conviction, to a fine not exceeding [the prescribed sum]; and

(b) on conviction on indictment, to a fine or imprisonment for a term not exceeding two years or both.

I think the prescribed sum at the moment is £5000.

scm5436 said:

oh, I see, the 4 items you stated were 'or' rather than 'and'? ie. pick one rather than meet all 4 requirements?

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Sorry I didn't make that clear, yes I would say 'or'. I must stress again though that it is not my area and you ought really get a more qualified view. I am disappointed nobody else with experience in the matter hasn't confirmed or rejected what you and I have said.

You could seek advice from Trading Standards but failing that you will need to seek paid advice from a specialist in this area.

I know a commercial solicitor who may be able to help you(but he isn't cheap). If you want his details drop me a pm.

LOL. It is for me to be fare but im the boss and I'm sat on the pc all day working so I can dip in and out of the forums as I please!