THE Department of Economic Planning and Development (JPKE), Prime Minister’s Office, through the Consumer Affairs Division (CAD), together with several agencies responsible for consumer protection conducted a spotcheck on several premises at Giant Tasik Rimba Mall in Kampong Rimba over the weekend.
The ‘Joint Consumer Protection Operation’ was an initiative agreed upon in an inter-agency Dialogue on Consumer Protection, led by JPKE on the need for relevant agencies to join hands in creating greater awareness among businesses and general public, on the laws and regulations so as to enhance consumer welfare and to develop consumer confidence in our market.
Joining JPKE in the operation were the Health Regulation Services and Food Safety and Quality Control Division of the Ministry of Health; and Weight and Measures Unit under the Energy and Industry Department, Prime Minister’s Office.
Leading the operation was Deputy Permanent Secretary (Economy and Finance) at the Prime Minister’s Office Dr Hajah May Faezah binti Haji Ahmad Ariffin, accompanied by heads of the relevant agencies.
The operation involved inspecting the prices of price-controlled goods, display of prices and cheap sale price activities conducted by businesses under the Price Control Act, Chapter 142, enforced by the Consumer Affairs Division.
Additionally, consumer issues concerning product safety, health aspect as well as weight and measurement standards were also included in the scope of the joint operation.
Deputy Permanent Secretary (Economy and Finance) at the Prime Minister’s Office Dr Hajah May Faezah binti Haji Ahmad Ariffin discusses price-controlled goods and display of price tag. – JPKE
The Consumer Affairs Division informed that specific goods regulated under the Price Control Act are:
a) Household items – rice, sugar, cooking oil, formulated powdered milk, creamer, plain flour;
b) Energy – Motor gasoline (Premium 97, Regular 85 and Super 92), diesel fuel, dual purpose kerosene, bottled liquefied petroleum gas;
c) Construction materials; and
d) Passenger motor vehicles.
The prices of these goods are monitored by JPKE and the list of goods may be subject to review from time to time.
Under the Price Control Act (Display of Prices) Order, businesses are required to clearly display the price of goods by means of price tags and clearly indicate the measure or unit.
Under the Price Control (Cheap Sale Price) Regulations, businesses are required to indicate the normal and discounted price and to adhere to the conditions set out by the Consumer Affairs Division, JPKE.
Any seller found guilty under the Price Control Act can be imposed a fine of $5,000 and imprisonment of up to two years for the first offence, and a maximum fine of $20,000 and imprisonment for five years for a subsequent offence.
The Consumer Affairs Division also highlighted that consumers encountering unfair practices are protected under the Consumer Protection (Fair Trading) Order (CPFTO) 2011.
The CPFTO covers unfair practices such as deceiving or misleading conducts by sellers, making false claims regarding products, and taking advantage of consumers.
Consumers are advised to first approach the seller with supporting documents (such as receipts) to explain the problem and to negotiate for a satisfactory outcome, before lodging a complaint with the Consumer Affairs Division. The Consumer Affairs Division will negotiate on behalf of the complainant and mediate to remedy the situation.
The Ministry of Health encouraged consumers to seek professional advice from the doctors before purchasing any health products. They are also advised to be cautious of dubious marketing strategy and exaggerated advertisement – such as to prevent and cure diseases.
Sellers are warned that it is an offence under the Poisons Act 1956 to sell any product containing any substance controlled under the said Act and the penalty for such an offence upon conviction, is a fine of $8,000 or six months’ imprisonment.
Furthermore, if a person commits an act that amounts to such a degree of negligence so as to endanger or be likely to endanger human life, then such person shall be guilty of an offence which carries a penalty of a fine of $16,000 and 12 months’ imprisonment.
The sale of cosmetic products in Brunei is regulated under the Medicines (Cosmetic Products) Regulations 2007. Under these regulations, all importers or manufacturers must notify the authority before placing the cosmetic product in the local market.
It is an offence under the Medicines (Cosmetic Products) Regulations, 2007 to import and market cosmetic products in the local market without a Cosmetic Product Notification Acknowledgement Letter issued by the authority, where the penalty for contravening these regulations upon conviction, is a fine not exceeding $5,000, imprisonment for a term not exceeding two years, or both.
With reference to the Public Health (Food) Act (Chapter 182) any person deemed guilty of an offence may face a penalty of five years’ imprisonment or a fine or both if that person:
i. Prepares, sells or imports food that is injurious to health, unfit for human consumption or is adultered;
ii. Labels, packages, prepares, sells or advertises any food in a manner that is false, misleading or deceptive with regards to its character, nature, value, substance, quality, composition, merit or safety, strength, purity, weight, origin, age or proportion;
iii. Labels, packages, prepares, manufactures, sells, imports or advertises any food which does not comply with any standard that has been prescribed for such food, in such a manner that is likely to be mistaken for food of the prescribed standard;
iv. Sells any food which is not of the nature, substance or quality of the article asked for by the purchaser;
Any person is also deemed guilty of an offence which may result in a penalty of one year imprisonment or a fine or both if that person:
i. Being the owner, occupier or person in charge of any premises entered by a food officer or any person found therein, does not give him all reasonable assistance in his power or furnish him with all the information as he may reasonably require;
ii. Obstructs a food officer in the course of his duty or prevents the execution by him of his duty;
iii. Knowingly makes any false or misleading statement to a food officer engaged in carrying out his functions ;
iv. Removes, alters or interferes in any way with any food or appliance seized under this Order without the authority of a food officer;
v. Without authority, opens, alters, removes or erases any mark, fastening or seal placed by a food officer in pursuance of this Order upon any food or appliance or upon any package, place, door or opening containing of affording access to any food or appliance;
The Weight and Measure Unit inspected the weight and measuring equipment used for trade purposes to ensure its validity and accuracy.
It also inspected pre-packed goods sold only by weight or by measure to ensure that the net weight or measure is correctly and clearly indicated, as stated in the Weight and Measures Act 1983, Chapter 151 and its regulations.
Any business found guilty of violating the Weights and Measures (Verification) Regulations 1994 can be imposed a fine of $1,000, imprisonment for three months or both and the weight, measure or instrument for weighing shall be liable to be forfeited and any contract, bargain, sale or dealing made by such weight, measure or instrument for weighing shall be void.
For further inquiries or complaint, contact:
Consumer Affairs Division, Department of Economic Planning and Development at 2230223;
Pharmacy Enforcement Division, Ministry of Health at 2393298 (ext 208);
Health Regulation Services, Ministry of Health at 2384085/ 2384182 or hotline 8257439;
Food Safety and Quality Control Division of the Public Health Services, Ministry of Health at 2382041;
Weight and Measures Unit, Energy and Industry Department at the Prime Minister’s Office (EIDPMO) at 2452553.
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