{
  "url": "https://openlegislation.uk/trade-descriptions-place-of-production-marking-order-1988/note",
  "json_url": "https://openlegislation.uk/trade-descriptions-place-of-production-marking-order-1988/note.json",
  "legislation": "uksi/1988/1771",
  "legislation_title": "The Trade Descriptions (Place of Production) (Marking) Order 1988",
  "legislation_url": "https://openlegislation.uk/trade-descriptions-place-of-production-marking-order-1988",
  "path": "note",
  "kind": "note",
  "number": null,
  "heading": "Explanatory note",
  "text": "(This note is not part of the Order)\nThis Order requires goods, when supplied or exposed or offered for supply in the course of a trade or business, and presented in a way which gives a misleading indication as to where they were manufactured or produced, to be marked with or accompanied by a corrective statement of their origin. Section 36(1) of the Trade Descriptions Act 1968 (which provides that goods are deemed to have been manufactured or produced in the country in which they last underwent a treatment or process resulting in a substantial change) applies for the purposes of the Order. Breach of the Order is a criminal offence under section 8(2) of that Act.\nIn determining whether the way in which goods are presented gives a misleading indication as to the place of manufacture or production, regard is to be had to the totality of their presentation, including the use of representations which carry a special association with a particular place. The use of a particular language or a trade mark does not necessarily attract the requirement to mark goods as to their origin. Whether such use does so or not depends on all the circumstances.\nThe requirement does not apply where goods are already subject to marking requirements imposed by or under any other enactment or EC obligation. In particular, the requirement does not apply to certain medicinal products, nor to agricultural, horticultural and fishery produce, food, feeding stuffs, ingredients of food and feeding stuffs and fertilisers.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/1988/1771/note",
    "retrieved_at": "2026-10-29T15:56:43.031760+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}