Trading Standards Articles

The Trading Standards Service supplies articles for many publications, many of which are produced in-house.   If asked by other publications, we can also provide articles on the most recent issues.

Trading Standards Press Releases also offer key information on the latest changes.

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Below are the articles written in the Business Issues publications over the past couple of years.

My name is Samantha Hoad and I work as a Trading Standards Business Advisor for Leicestershire County Council. My core objective is to provide free, friendly, expert advice to businesses to make it easier for them to understand and comply with trading laws.

My day starts at 8.30am. My first job is to call back any businesses that might have contacted us the previous day. A request has come in from a business owner, who is importing and selling toys and is asking about the safety legislation that applies and what his responsibilities are. I will visit the owner to establish a working relationship and see if I am able to assist with other legislative areas they might need help with.

The post arrives and any business requests for advice are inputted into our database, we have a three day response time. There is one from a business that needs advice on food labelling. This goes to a specialist food officer in Trading Standards for detailed advice.

I receive a call from an estate agent who has asked me to check their internal documents and procedures to assess compliance with money laundering regulations. I ask the manager to email the documents to me for consideration.

I have arranged for another adviser to cover the Business Advice lines, as I have an appointment at 11am at the home of an internet trader. He needs help to comply with the distance selling regulations and to revise his terms and conditions to make them fair and balanced.

I’m now heading back to the office for lunch and then it’s back to my desk dealing with more advice requests.

During a gap in calls I’m working on a letter to a large company about tightening up their systems regarding cosmetic products safety legislation. This company is based in Leicestershire but trades nationally and we take on the responsibility of advising the business on trading standards laws and co-ordinating queries from other trading standards authorities.

I receive a call from a business owner who wants to know more about the recent changes in trading standards legislation. The trader has specifically asked for written guidance on the new Consumer Protection from Unfair Trading Regulations and I have sent her some written guidance and a booklet to get her started.

The lines close at 4.30pm but we stay open until 5pm for any personal visitors needing advice. It’s quiet today, so it’s a good opportunity to write a letter to a new small business that called yesterday requesting advice about the permitted lead and nickel content in children’s jewellery. Along with this letter I have sent out our Trading Standards advice pack with an array of practical information for new businesses.

As you can see, the variety, both in terms of the areas of law that I deal with and the breadth of businesses that I advise, makes the job interesting and challenging.

If you need advice on Trading Standards matters give our Business Advice Line a call on 0116 305 8000.

Leicestershire County Council’s Trading Standards Service is warning businesses to beware of publishing scams.

The majority of publishers are reputable businesses.  However, as in all walks of life, there is a minority who will resort to dishonesty to make money and that money could be from your business.

Businesses can be targeted by unsolicited callers selling advertising space in types of publications including yearbooks, wall planners, diaries or crime prevention or drug awareness booklets.  Costs usually range from about £100 to £1,000 depending on the size of the advert.

Sometimes it is claimed that the publication is being produced on behalf of some reputable or worthy sounding cause, or that proceeds will go to charity.  Although some may produce a few token copies, in reality rogue ‘publishers’ may produce nothing at all.

Leicestershire County Council’s Trading Standards Service has the following advice on how to avoid being conned:

Telephone Calls - do not agree to place an advert over the phone unless you know the publisher. Ask for written details and a copy of the publishers full terms and conditions before placing an order. Make sure all relevant staff are aware of these scams.

Demand Letters - if you receive demands for payments for something you believe you have not ordered, it is well worth taking a few minutes to send a written reply, stating clearly why you feel you do not owe any money. Always keep a copy for your records. Let Trading Standards know so they can warn others!

Seizure of Goods - some victims have been threatened with having their goods or belongings seized to pay the alleged 'debt'. The only lawful way the publisher can do this is to first obtain an order through the county court.  If this does happen, you will be given plenty of opportunity to challenge any unjustified claims.

For further free, friendly, expert advice call the Trading Standards Business Advice Line on 0116 305 8000.

More and more businesses are now trading online, through their own websites or on auction sites. The law regarding online trading is daunting, but Leicestershire County Council’s Trading Standards Service can help with free, friendly and expert advice.

The civil law that governs trading on the ‘high street’ also applies to goods and services sold over the Internet. However, the Distance Selling Regulations (DSRs) impose additional legal obligations for goods or services sold online, by telephone or by mail order (distance selling).  If your business involves distance selling, the terms and conditions on your website must comply with DSRs. For instance, you should ensure that your business name and a geographic address (not a PO Box) are on the website.

Of 20 Leicestershire business websites recently surveyed, 14 did not tell users of their right to return the goods for a refund, seven did not have a geographic address and half were not pricing goods correctly.   

The DSRs give consumers cancellation rights that usually last for seven days after goods are delivered, whether the goods are faulty or not. Some services sold online can also be cancelled at no further cost to the customer. However, there are exemptions from the DSRs for certain products and services.  Your website should tell prospective customers about these rights and who pays for the goods to be returned.

These are just some of the legal requirements for any business trading online. If you would like guidance on this or any other trading law, simply contact Leicestershire Trading Standards by calling 0116 305 8000 or by e-mailing tradingstandards@leics.gov.uk

Leicestershire Trading Standards has also produced a new DVD that illustrates how their advice can help your business- there are businesses giving their experiences of Trading Standards have helped them. Call 0116 305 8000 to ask for a free copy or see the Trading Standards website.

Leicestershire County Council can help your business to have a prosperous New Year!

Find out how with the Council’s new DVD, which is freely available to all Leicestershire businesses whatever the size, whether they are new start-ups or established companies.

The short film tells how a range of local businesses have benefited from free, friendly, expert advice on trading law from the County’s Trading Standards Service.

These include:

The film highlights how Trading Standards Business Advice Officers and local businesses can work together and develop an ongoing relationship, therefore making specialist advice easily and quickly accessible. If you would like to find out how this valuable, free service could help your business, contact the advice line now for your DVD, or ask to speak to a business advisor.

Call 0116 305 8000 or e-mail tradingstandards@leics.gov.uk to request your copy.

A major change to trading laws will come into effect from April 2008.

At this time, the Consumer Protection from Unfair Trading Regulations (CPR) introduces a general duty for businesses that deal with consumers not to trade unfairly.

Leicestershire County Council Trading Standards Service is urging businesses to examine the impact of the new law and make necessary changes to ensure fair-trading.

The Government believes the simplification and modernisation of the existing legislation will make the law easier for businesses, consumers and enforcers to understand and apply. The new regulations are derived from an EU Directive, so will lead to harmonisation for businesses trading across the EU. Provisions in 22 current laws, including pricing, descriptions and credit advertising will be repealed.

The CPR will mean that businesses must not mislead consumers through acts or omissions, or subject them to aggressive commercial practices such as high pressure selling. The CPR will also provide additional protections for vulnerable consumers. Some of the unfair practices broadly replicate existing legislation but others are new.

The new regulations will include a list of  practices which will be prohibited at all times, including refusing to leave a consumer’s house when requested to do so, false closing-down sales, persistent sales calls, adverts with direct exhortation to children to buy products and misleading prize draws. This list is in addition to the overall requirements in the regulations for businesses to trade fairly

Businesses, as a minimum, will need to review existing practices to examine their fairness, and consider not only actions but also omissions, to analyse if anything they are failing to do amounts to a misleading omission. As well as ensuring that no practices fall within the list that are banned in all circumstances.

In addition there are new rules for business-to-business transactions, these are the Business Protection from Misleading Marketing Regulations.

Now is the time for businesses to review their working practices to ensure compliance with both of these regulations. If you have queries please contact Leicestershire County Council Trading Standards Service’s free Business Advice Line on 0116 305 8000 or e mail tradingstandards@leics.gov.uk. We will provide you with practical help and guidance to assist you to get it right.