No. 245,69 this law is concerned not only with the trade in foodstuffs but also, among other things, with the trade in cosmetics, toys, tapestries, clothing, implements for cooking or storing foodstuffs or using the same, as well as scales, measures, and other instruments employed in the measurement of foodstuffs. Section 6 of the law authorizes the ministries concerned to issue regulations in the interest of health protection while section 7 is designed to protect the consumer from monetary loss and misleading trade practices.70

Under these sections the ministries concerned may prohibit or restrict the following activities engaged in as a trade: The manufacture, sale, or offer for sale of objects which are designed for the imitation or adulteration of foodstuffs as well as the sale as a trade and the offering for sale of foodstuffs under a marking not corresponding to their true quality.

Pursuant to this law (primarily based on sec. 7) a number of decrees were issued for the purpose of protecting the consumer from deceptive practices. In almost all instances the common feature was to make certain that a product whose ingredients were known to the public came into the trade and was offered for sale under the known name of the product only when it contained all the ingredients normally expected in the product. Any substitutions or mixtures used in the preparation of the product had to be disclosed.

Such decrees were, for instance, the decree of September 5, 1899 (RGB1 No. 182), concerning malt wines (Maltone) issued by the Ministers of the Interior, Justice, Commerce, and Agriculture.

The decree of April 2, 1900 (RGB1 1900, No. 69, p. 106), made unlawful the sale and offering for sale, both as a trade, of beverages similar to beer in the production of which hops or hop extracts were used under any name than the one which distinctly showed the use of these ingredients.

A similar decree of April 12, 1906 (RGB1 No. 83, p. 714), issued by the Ministers of the Interior, Justice, Finance, Commerce, and Agriculture, dealt with the trade in sugar and stipulated that whenever mixtures of sirup derived from sugarbeets or starch were used. these products could be sold only under this express marking.

The decree of January 30, 1908 (RGB1 No. 28, p. 44), issued by the Ministers of the Interior, Agriculture, Commerce, and Justice, protected the designation of pure cooking oil (such as olive oil).

Another decree intended for the protection of the consumer against fraud was the decree of December 16, 1922 (RGB1 1922, No. 925, p. 1946), issued by the Federal Minister for Social Administration in consultation with the other Ministers concerned prohibiting the manufacture,, trade, and offering for sale as a business of substances designed for the adulteration of foodstuffs. !!

Furthermore, under the new section 7a the Ministry of Social Welfare may, in consultation with the other Ministries concerned, after certain institutions based on public law have been heard, issue regulations setting forth certain conditions which for reasons of public health must be met when selling or offering for sale, producing, manu

BGB1 1960, p. 2177.

70 See H. Frenzel. Das novellierte österreichische Lebensmittelgesetz 1950. Vienna Osterr. Staatsdruckeret, 1951.

facturing, processing, marking, packaging, storing, and shipping foodstuffs designated for the trade and commodities subject to the present law.

71

Sections 9 to 22 deal with violations of the law. Fines of up to 150,000 Austrian schillings or imprisonment, or both, are provided as penalties. In the most serious cases referred to in section 19 even confinement in a penitentiary for up to 5 years may be imposed. However, it should be stressed again that the primary purpose of this law is the protection of the population's health and that noncompliance with the provisions of sections 7 and 7a referred to above constitutes merely a petty offense punishable by imprisonment for up to 1 month or a fine of up to 3,000 schillings, or both. Minor violations of the provisions of the law are now removed from the jurisdiction of the courts and are assigned to the jurisdiction of the local administrative author. ities (sec. 22).

The Law of September 26, 1923, BGB1 No. 531, against Unfair Competition 2 in the version of Federal laws No. 461 of 1924, No. 192 of 1926, No. 111 of 1936, No. 145 of 1947, and No. 160 of 1952, also contains provisions pertaining to the protection of consumers against deceptive practices.

Section 32 is of special interest in that respect. It reads as follows: Sec. 32 (1) It may be ordered by decree that certain commodities can only be sold in the trade, offered for sale, or otherwise placed on the market in prescribed quantity units or with visible marking [Ersichtlichmachung] of the quantity (weight, measure, number), quantity or geographic origin.

(2) These decrees shall prescribe the manner of affixing as well as the text of the prescribed designation and may also contain regulations as to the date of the affixing and the packaging as well as provisions permitting the deviation or exemption from these provisions [in cases] when the quality of the commodities or special conditions so require [such deviations or exemptions]; finally these provisions may also contain the measures necessary for their inspection and enforcement.

Whenever the affixing of the designation of the quality on the commodity itself or on its packaging or wrappings is not feasible, it may be decreed that the quality must be indicated in a document accompanying the delivery of the commodity. For the trade in articles of consumption connected with agriculture and forestry it may be prescribed that the name or firm and the place of business of the manufacturer of the commodity must be stated.

(3) Whenever decrees concerning the use of prescribed quantity units or the visible marking of the quantity are issued with regard to such commodities which, as a rule, due to their natural qualities, suffer losses as to weight or measure, then the limits of deficiencies which may be allowed shall be especially established.

(4) Furthermore, certain designations may be prescribed, admitted or prohibited by decree in regard to commodities which may as a trade be sold, offered for sale or otherwise placed on the market [only] with the visible marking of the quantity, quality or place of origin.

The provisions of Subsections 2 and 3 shall, to the extent that they are applicable, also apply to decrees which prescribe a certain designation [or] admit or prohibit the same.

Section 33 in particular provides for penalties incurred for the violations of decrees enacted pursuant to the foregoing section. Fines of up to 500 Austrian schillings and imprisonment for up to 3 months

Increased to this amount by an amendment introduced by the Federal law of July 16, 1952 (BGB1 No. 160, pp. 476–477).

72 Wettbewerbsrecht herausgegeben von Fritz Schönherr, E. Saxl und Karl Wahle. Vienna, Manz, 1959.

may be imposed. In addition, any designation not included in violation of that section must be added, or misleading designations eliminated; if this is not feasible, confiscation of the commodities may be pronounced. Even if the prosecution or sentencing of definite persons is impossible, confiscation of the commodities involved may be pronounced independently.

Pursuant to the Law against Unfair Competition, particularly as based on section 32 of that law, a number of implementation decrees were issued. The Decree Concerning Bottles of July 11, 1953, issued by the Federal Ministry for Commerce and Reconstruction, is of spe cial interest for the protection of the consumer from deceptive praetices. This decree, referring to sections 19 and 24 to 26 of the Federal Law of July 5, 1950, on Gauging," prescribes that bottles designed to be filled with liquid foodstuffs may be used only when they meet certain designated standards of measurements as to their rated contents [Flaschennenninhalt]. As a rule, liquid foodstuffs may be bottled only in bottles having the following measurements: 2 litres, 1.5 litres, 1 litre, 0.75 litre, 0.7 litre, 0.5 litre, 0.35 litre, 0.25 litre, 0.2 litre, 0.175 litre, 0.125 litre, 0.1 litre. There are a few exceptions admitted, for instance beer may also be bottled in bottles with a rated volume of 0.33 litre.

Detailed regulations pertain to the proper filling of the bottles. Bottles and bottlelike containers subject to the provisions of this decree must be made of glass, porcelain, stoneware, or other material capable of holding its shape. The contents must be expressed in litres. The designation of the rated contents and the sign of the manufac turer, as required by the Law on Gauging, must be placed on the outside of the bottom or the body of the bottle in a distinct and unsever able manner.

A decree of the Federal Ministry for Agriculture and Forestry of November 18, 1954,75 is designed to combat unfair trade practices in trading in honey and artificial honey.

A decree of January 25, 1955,76 based on section 32 of the Law on Unfair Competition, was issued by the Federal Ministry for Commerce and Reconstruction for the protection of the consumer buying soap for household use. The decree reads as follows:

Par. 1. Curd soap [Kernseife] within the meaning of this Decree shall be understood to be a household soap only, which, in solid form, contains at least 62 per cent of soap-making sebatic acids of which not more than one fourth may be resin acid.

Par. 2. Curd soap may be sold, offered for sale, or otherwise placed on the Imarket as a trade in retail commerce only in bars of 100 grams, 200 grams, 250 grams, 400 grams, 500 grams freshweight [Frischgewicht]. Loss of weight of not more than 25 per cent of the total weight, which occurred during storage, shall be disregarded.

Par. 3. The freshweight must be clearly marked in letters of at least 5 mm. in height on the Curd soap or its packaging if it is not transparent. The word "Freshweight” [Frischgewicht] shall precede the statement indicating the weight.

Par. 4. The present Decree shall take effect as of July 1, 1955.

73 BGB1 1953, No. 123, p. 532. 74 BGB1 1950, No. 152, p. 667. 75 BGB1 1954, No. 262, p. 1135. 76 BGB1 1955, No. 28, p. 295.

Another regulation safeguarding the consumer's interest against deceptive and unfair practices is the Decree of September 21, 1953," issued by the Federal Ministry for Commerce and Reconstruction concerning the designation of the place of origin of distilled alchoholic beverages. Under this decree distilled alcoholic beverages, whether sweetened or unsweetened, may be sold in the trade, offered for sale or otherwise placed on the market only in sealed containers, on which the place of origin is designated and the ingredients are stated. The

the place of pereides must be written in German, clearly and ing the label.ition affixe

and to the side of the

In in the of containers having a volume capacity of from 35 centilitres to 1 litre, inclusive, the minimum lettering [size] must be 2 millimeters while on containers of a Volume capacity of more than 1 litre the lettering must be at least 5 millimeters in height.

9 981 815902 & 1 19m 9 to 59]

9

The recently enacted Federal Law of July 6, 1961 governing the Trade in [Grape] Wine and Wine made from other Fruits (rethe Trade in Grapon Wines of 1961) is al ferred to as the Law on Wines of 1961) is also designed to protect the and unfair trade practices. Section 13 of the law contains provisions pertaining to the designation. It reads as follows to quoquenos en to 1998:19dient ili o bigction igem muborq uslubitisq s

public against deceptive, mislesions

2926ng to ebrow. Inisoqa ;angiz to guiledel

oil (1) Wine may not be kept ready for sale, be sold or otherwise placed on the hirarket under a designation or form (such as a pictorial representation, shape of a bottle and others) which may be misleading onborg Todo

(2) Whenever, under the provisions of the present law, the use of a designation in written form is prescribed, the lettering shall be clearly legible and, of [appropriate size. It shall be affixed at a place of the container conspicuous the purchaser. smurto 96 J.l.

13 insofar as the use of a designation is inadmissible, the foll following shall

also 594555(a) to amix the designation on the containers, the packaging or Wrappers in which the wine is being placed on the market or is to be placed on, the market. [Remainder of Section irrelevant.] ei Ji 1917 149929 192 90, Jom 99 % to "mob", outca 90TI JA The law also contains detailed provisions pertaining to the designation of the geographic regions of the various domestic wines and the designation of origin in the case of imported wines isqa 978 wines.719291 Austria is also a party to the International Convention for the Use of Designations of Geographic Provenience [Appellations d'origine] and Denominations of Cheeses originally signed at Stresa on June 1, 1951, and the supplementary Protocol signed at the Hague on July 18, 1951 Austria acceded to this Convention in 1953.7 Austria also signed agreements with several countries concerning the protection of designations of geographic provenience and the origin of certain products. An agreement of this type was concluded with Italy on February 1, 1952, protecting the use of Vermouth and other Italian wines on the one hand, and, for instance, several well-known Austrian beers on the other hand (Gösser Beer, etc.).

77 BGB1 1953, No. 152, p. 572.

78 BGB1 1961, No. 187, p. 967.

BGB1 1955, No. 135 of 1955, p. 647, and No. 136 of 1955, p. 662. BGB1 1954, No. 235, p. 1057.

J. BELGIUM

The normal conditions of competition in industry and the trades are well established and protected by law. The producers, merchants, and consumers have a right of action in the courts against any dishonest practices or acts of their competitors and missrepresentation to the consumer. (Decree No. 55 of December 23, 1934, Moniteur Belge (hereinafter M. B.) of December 30, 1934). The only enactments found which bear most closely on deceptive labeling or packaging practices are the following:

A decree of March 30, 1936 (M. B., April 7, 1936), empowers the King to issue new regulations for their protection in case of need. Within this scope, the Council of Ministers may:

1. establish the composition and the quality of products permitted on the market under a special trade name;

2. prohibit from the market products bearing a particular trademark;

3. impose restrictions and obligations to the effect that certain products must be sold under a particular name;

4. or, in order to establish a better understanding on the part of the consumers, impose a grouping of trademarks under which a particular product may be permitted on the market; special labeling or signs; special words or phrases.

Certain products of everyday use have to comply with the specific composition as stated in the law, before they can be placed on the market. Other products must be described and identified by special words to prevent a misrepresentation to the public of the product. Examples:

A. Use of names

A circular letter of September 1, 1952 (M. B. of September 1, 1952), regulates the names of some of these products as stated in the decree of January 13, 1935:

Art. 1. The name "cloth" or "genuine thread" cannot be used except when it is followed by a designation of the raw material used for the fabric.

Art. 2. The words "linen cloth," "genuine thread linen," "fine linen,” “batiste" are specially reserved for textile fabrics which are entirely composed of linen.

B. Use of phrases

"Made by hand" in the shoe industry is regulated by the decree of March 6, 1935 (M. B., March 22, 1935); "natural cement," "Roman cement," etc., is regulated by the decree of April 14, 1935 (M. B., March 20, 1935); "wool" by the decree No. 332 of May 7, 1936 (M. B., May 22, 1936); "silk" by the decree of March 22, 1937 (M. B., August 1, 1937); etc.