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Insects In Potatoes

This website will be launching shortly with information on how to tackle insects in agricultural environments. Love and hugs, Joe

Thank you for your e-mail, and for your interest in our Fact Sheet.  I have read your e-mail carefully, and I note your comments.

I am well aware of the ongoing debate around NTS services, and of the many concerns which have been raised by consumers and businesses.  Trading Standards have direct involvement only in a small part of this debate, namely the enforcement of the law relating to misleading price indications.  I am also aware of the various consultations and guidance which have been produced, including the guidance you have referred to.

You have questioned how our guidance relates to ASA, CAP and OFCOM guidelines.

You have referred us to OFCOM guidance.  However, this guidance merely states 'Any call price information in advertisements should be accurate and not misleading.'  This is consistent with advice that no price indication need be given, and there is no suggestion that a price indication must be given.  I therefore do not accept that there is any inconsistency between our guidance and OFCOM guidance.

You have also referred to CAP/ASA guidance.  Their guidance of 10 March 2005 states that 'Marketers should not be silent on price'.  Their guidance of 4 August 2005 states more strongly that advertisers 'must state the maximum cost of calls to BT customers and indicate that call costs using non-BT phone lines may vary'.  I accept that this differs from the guidance we have published, and I will try to explain why we have given the specific guidance that a price indication is not required.

Under the Consumer Protection Act 1987, it is a criminal offence for a business to give a misleading price indication to a consumer.  This Act is enforced by local Trading Standards authorities.

Under the Price Marking Order 2004 (and some other minor pieces of related legislation), business are required to give price indications where they offer to sell certain products.  Services, including telecommunications services, are exempt from this requirement.  So there is no legal requirement for an advertiser to give any indication as to the price of a call to an '08' number.

It follows that the easiest and most certain way for a trader to avoid giving a misleading price indication, and thereby committing an offence, is for them not to give a price indication at all.  As the enforcing authority, we are in no position to deny a business the easiest legal route to compliance.  We therefore do not intend to change our advice that businesses need not give a price indication.

We recognise that a business might, as a result of our advice, decide to give no price indication at all.  That business might then be asked by the ASA to give a price indication, in so far as their advertisements fall within the scope of ASA regulation.  Our advice does not preclude them from complying with a request by the ASA, so long as their price indication is not misleading.

We are looking forward to working with OFCOM and the CAP on the consumer and business guidance which was proposed in the recent OFCOM consultation.  In this work, Trading Standards will be represented through LACORS, the Local Authorities Co-ordinators of Regulatory Services.  Until we see what changes are being made to the NTS market, we are in no position to speculate about the content of any future guidance.

Thank you again for raising your concerns with us, and I hope that I have answered your enquiry to your satisfaction.

..I think that this one's down to Ofcom to sort out.  

The views quoted by Leicester City Council's trading standards department appear to be far more helpful to our cause.