Members

Members

Code of Conduct

AS A MEMBER OF THE SOUTH AFRICAN PAINT MANUFACTURERS’ ASSOCIATION:

  • We will be honest with our customers & he public. We recognize our responsibilities to our customers & the public & will serve them with integrity by providing products & services beneficial to them & by issuing only accurate & fair statements about our respective companies & products.
  • We will be honest about our company, our products & our competitors. We agree to represent our products truthfully in advertising & labelling & to avoid false, misleading or exaggerated statements about our position in the industry, our own products or those of other member companies.
  • We will compete fairly & not be critical of our competitors. We pledge to compete fairly & honestly & to refrain from false or derogatory references about other member companies or their products.
  • We will be lawful & environmentally responsible & we will represent the Paint Industry in an efficient manner. We commit ourselves to lawful practices & environmental responsibility & to increasing the good reputation, efficiency & service capability of both our own organisations & the Industry as a whole.
  • Members of the Association who find themselves in conflict should take all necessary steps to resolve their differences between themselves before referring such differences to the association, the media or any outside body.
  • This “Code of Conduct” includes new clauses or “Codes of Practice” added from time to time.

SAPMA RECOMMENDED CODE OF PRACTICE

The South African Paint Manufacturers Association (SAPMA) is concerned with quality and standards within the South African surface coatings industry and in particular with the safety and well being of consumers who purchase surface coating products through a retail network.

This Code of Practice sets down obligations concerning the safety of the public at large which SAPMA members are expected to observe.

  • SAPMA members will make themselves conversant with all legislation relevant to potentially hazardous products – in particular the Occupational Health and Safety Act No.85 of 1993 (OHS Act) and South African National Standard No. 10265 (SANS 10265).This legislation will be adhered to in the preparation of Material Safety Data Sheets (MSDS’s) and the labelling of product containers.
  • SAPMA members will incorporate their name and contact details on their product containers.
  • SAPMA members will:
    • Affix a label or sticker reading

      “CONTAINS LEAD: SHOULD NOT BE USED ON SURFACES LIABLE TO BE CHEWED OR SUCKED BY CHILDREN”

      on all products sold through retail outlets and containing more than 0.15 per cent total lead and/or components containing antimony, arsenic, barium (excluding barium sulphate), cadmium, chromium or mercury.
    • Mark all containers of products sold through retail outlets and containing calcium plumbate and soluble chromate with the warning:

      “HARMFUL IF SWALLOWED
      AVOID CONTACT WITH SKIN
      WASH HANDS AFTER USE
      DO NOT SPRAY
      DO NOT DRY SAND
      DO NOT INHALE DUST”

    • Sell only polyamide cured epoxy-based products through retail outlets.
    • Identify components of two-pack products clearly as “base component” and “curing agent component”.
    • Mark all containers of products containing isocyanates with minimum wording as set out in the Attachment to this code.
    • Mark all containers of products containing methanol, ethylene glycol monomethyl ether, ethylene glycol monoethyl ether and their acetates as follows:

      “THIS PRODUCT CONTAINS INGREDIENTS WHICH ARE POTENTIALLY HARMFUL TO HEALTH. AVOID BREATHING VAPOURS, SKIN CONTACT AND INGESTION. READ THE INSTRUCTIONS CAREFULLY AND CONSULT THE MATERIAL SAFETY DATA SHEET”

  • Detailed guidelines for paints and pigments containing lead and their labelling requirements are available from the SAPMA office.

INTELLECTUAL PROPERTY

  • Each member agrees in principle to support the ownership and protection of their own and other members’ intellectual property
  • SAPMA envisages its further role as that of informing its members and the industry as a whole of recent developments around the issue of intellectual property rights

As an impartial organisation representing the interests of the paint industry in South Africa, SAPMA urges all manufacturers and other stakeholders to familiarise themselves with legislation directly relevant to their business, especially the Copyright Act.

This Act covers the intellectual property rights of manufacturers.

In recent years, very little enforcement within this area of the law has been evident, which has lulled many industry players into a false sense of security.

To emphasise the renewed focus on enforcement within this area, we would draw attention to the fact that two companies have sent out letters during the past twelve months stating that they would require any entity making use of their products to secure a licensing agreement or risk litigation.

The most common current and potential areas of infringement in the market involve registered colour tinting systems. These include point of purchase materials that have been developed by individual manufacturers, and contain copyright-protected combinations of colours referenced with specific names and codes. These colours may not be referenced in any way at store level to tint competitor products, whether in hard copy or on colour tinting software systems, without a pre-existing licence agreement from the developing manufacturer.

It should be further noted that infringement could be legally enforced at any level. The Copyright Act legally binds all colourant suppliers, tinting equipment suppliers, tinting software suppliers, retailers and competitive manufacturers. All industry participants in this process are encouraged to ensure that a licensing agreement is in place before accepting hard copy or soft copy reference material from any source. Retailers are especially alerted to their liability if they possess reference material that is unlawfully distributed from a third party without a licensing agreement.