NCC blitz on ‘incorrectly marked’ gloves catches at least 3 importers, potentially threatens much wider group

Importers beware! The National Consumer Commission (NCC) has immense power over the labelling of goods, and it appears to be stepping up its efforts to police labelling legislation.

A KZN-based PPE distributor, which has been a regular importer of plain white cotton gloves – 3 containers a year for 10 years, 120 000 pairs per container – has had its most recent container detained by the NCC, and has been told it will be prosecuted.

The gloves themselves are unmarked, but the cardboard cartons containing 300 pairs, and the smaller plastic bags containing 12 pairs, are marked with the country of origin and a description of the gloves.

The importer has been told it has only 2 options with the goods themselves – return them to the country of origin, or destroy them. Having them marked with the required labelling in South Africa is not an option.

Further, it faces a fine of up to R10 million or 10% of its annual turnover.

The importer said he had been caught unawares, and had no knowledge of the labelling legislation, which dates back to 2011.

In this case, the container was unloaded on 11 July and initially inspected by Customs on 16 July, at which time the importer was told it would face “a full unpack”, which happened on 17 July. On 18 July, the importer was told it had been detained for inspection by the NCC. The NCC inspected the consignment on 08 August, and told the importer the report would take 2 weeks. “At that point, the NCC will decide whether to prosecute and what fine it will seek,” the importer said.

Meanwhile, the goods are in storage, costing the importer approximately R2000 per day. “We know there are cheaper depots, but we’re not allowed to move the goods to another depot while this is being resolved.”

The importer said he had since discovered that at least 2 other PPE distributors have had similar experiences.

“This has to be publicised,” he said. “We’ve asked legal advice, and their opinion is that the NCC has misinterpreted the law. However, since the NCC has won a previous legal challenge, the attorneys say the remaining route is to approach the Constitutional Court. That’s an expensive exercise, and one which the PPE industry – perhaps the entire CTFL industry – should tackle as an industry.”

S&V Protect approached the NCC for comment. In response, Imrhan Magoro, legal advisor: enforcement & legal services at the NCC, wrote: “Kindly note that the Commission deals with a large volume of detention concerning non-compliant goods, we, therefore, request to be furnished with the particulars of the Importer i.e. the name of the importer (company) to be able to assist accordingly.”

Attorneys approached by the importer have written the following warning to importers: