CHAPTER 403
WEIGHTS AND MEASURES ACT

Arrangement of Sections

   Section

PART I
PRELIMINARY

   1.   Short title

   2.   Interpretation

PART 1A
THE ZAMBIA WEIGHTS AND MEASURES AGENCY

   2A.   Establishment of Agency

   2B.   Functions of Agency

   2C.   Constitution of Board

   2D.   Director

   2E.   Secretary and other staff

   2F.   Duties of metrologists

PART II
STANDARD WEIGHTS AND MEASURES

   3.   Units of measurement

   4.   National standards

   5.   Periodic verification of National Standards

   6.   Custody of National Standards

   7.   Secondary standards

   8.   Working standards

   9.   Storage of standards

PART III
ADMINISTRATION

[Repealed.]

   10.   Repealed

   11.   Repealed

   12.   Repealed

   13.   Repealed

   14.   Repealed

PART IV
TYPE APPROVAL AND VERIFICATION OF WEIGHING AND MEASURING INSTRUMENTS

   15.   Certificate in respect of design or pattern of instruments, etc.

   16.   Assize of instruments

   17.   Re-assize of instruments

   18.   Verification of instruments

   19.   Rejection of certain instruments

   20.   Illegal stamping or sealing

PART V
SALE OF PACKAGED COMMODITIES AND USE OF TRADE MEASURES

   21.   Contracts to be made by reference to authorised units

   22.   Exceptions

   23.   Provision and operation of assized instruments

   24.   Price lists, etc.

   24A.   Sale of Commodity by weight or net content

   24B.   Sale of prepackaged commodity by weight or measure

PART VI
OFFENCES AND PENALTIES

   25.   Prohibition of use of unapproved pattern of instrument

   26.   Forgery of stamps on instruments

   26A.   Prohibition of employment of foreign technician, fitter, contractor etc.

   27.   Prohibition of use of certain instruments, etc.

   28.   Lawful use of certain unassized instruments

   29.   Use of false or unadjusted instruments

   30.   Sale of unstamped instruments

   31.   Fraud in use of instruments

   32.   False statements as to weight, measure, etc.

   32A.   Payment of fine without appearing in court

   33.   Sale by unauthorised denominations

   34.   Offences due to default of third party

   35.   General penalty

   36.   Offences by bodies corporate

PART VII
MISCELLANEOUS

   37.   Power of inspection and entry

   38.   Certificate of competence

   39.   Burden of proof

   40.   Recovery of fees

   41.   Evidence of possession

   42.   Judicial notice

   43.   Forfeiture

   43A.   Vesting of assists of Assize Department

   43B.   Registration of property to be transferred by Government

   43C.   Legal Proceedings

   43D.   Terms of Service of employees of Department

   44.   Regulations

   45.   Repeal of Caps. 697, 710

      FIRST SCHEDULE

      SECOND SCHEDULE

      THIRD SCHEDULE

      FOURTH SCHEDULE

      FIFTH SCHEDULE

      SIXTH SCHEDULE

      SEVENTH SCHEDULE

      EIGHT SCHEDULE

      NINTH SCHEDULE

      TENTH SCHEDULE

      ELEVENTH SCHEDULE

      TWELFTH SCHEDULE

      THIRTEENTH SCHEDULE

AN ACT

to establish standards of weights and measures based on the metric system; to provide for enforcement of the standards of weights and measures; to repeal the Weights and Measures Act and the Metric Systems Act; and to provide for matters incidental to or connected with the foregoing.

[3rd June, 1994]

Act 22 of 1994,

Act 13 of 1994,

Act 12 of 2003,

Act 13 of 2013.

PART I
PRELIMINARY

1.   Short title

This Act may be cited as the Weights and Measures Act.

2.   Interpretation

   (1) In this Act, unless the context otherwise requires––

“Agency” means the Zambia Weights and Measures Agency established by section 2A;

[Ins by s 2(c) of Act 12 of 2003.]

“appointed date” means the date appointed by the Minister under section 1;

[Ins by s 2(c) of Act 12 of 2003.]

[“article” rep by s 2(a) of Act 12 of 2003.]

“assize”, means to examine, verify or test an instrument in accordance with the provisions of this Act or any regulations made under this Act;

[“assizer” rep by s 2(a) of Act 12 of 2003.]

“authorised measure” means unit of weight, length, capacity or volume referred to in section 3;

“authorised unit of measurement” means the international system of measurement by reference to which a trading transaction is authorised to be conducted under this Act;

[Subs by s 2(b)(i) of Act 12 of 2003.]

“automatic instruments” means any instrument in which a special self-acting machinery is employed to effect some or all of the following—

      (a)   an automatic feed;

      (b)   the rapid weighing of predetermined quantities;

      (c)   the registration and summation of loads;

      (d)   the measuring and filling of liquids into containers; or

      (e)   a result similar to any of those set out in paragraphs (a) to (d);

“Board” means the Zambia Weights and Measures Agency Board constituted under section 2C;

[Ins by s 2(c) of Act 12 of 2003.]

“Bureau of Weights and Measures” means the International Bureau of Weights and Measures established under the Meter convention at Sevres in France;

[Subs by s 2(b)(ii) of Act 12 of 2003.]

“calibration” means all the operations which are necessary for the purpose of determining the values of the errors of a weight or measure and, if necessary, to determine the other metrological properties of such weight or measure and includes the actual weight or measure; or in some cases of certain principal mathematics only, in relation to the corresponding volume of the quantity to be measured and also in relation to the use of or weight or measure as a standard;

“certificate of competence” means a certificate, issued by the Superintendent Assizer under this Act, declaring that the holder is competent in the repair of instruments;

“Chairperson” means the person appointed as Chairperson of the Board under section 2C;

[Ins by s 2(c) of Act 12 of 2003.]

“check weighed” in relation to any vehicle, means weighed with its load by means of the nearest suitable available weighing equipment, and weighed again after it has been loaded by means of the same or other suitable weighing equipment;

“committee” means a committee of the Board established under paragraph 5 of the Thirteenth Schedule;

[Ins by s 2(c) of Act 12 of 2003.]

“commodity” means goods for sale or goods which have been sold or are being carried or delivered for sale;

[Ins by s 2(c) of Act 12 of 2003.]

“constructional use” in relation to any goods, means the use of those goods in construction work in the course of the carrying on of a business;

“container” means any form of packaging of goods for sale as a single item, whether by way of wholly or partly enclosing the goods or by attaching the goods to or winding the goods around some other article, and includes a wrapper or confining band;

“Derived Unit” means a unit which is derived from the base, or supplementary unit or both;

“Director” means the person appointed as Director under section 2D;

[Ins by s 2(c) of Act 12 of 2003.]

“document” includes—

      (a)   any paper or other material on which there is writing or printing or on which there are marks, figures, symbols or perforations having a meaning for persons qualified so to interpret them;

      (b)   a disc or tape or other article, or any material, from which sounds, images, writings or messages are capable of being reproduced with or without the aid of any other article or device.

“food for human consumption” includes every article used for food or drink;

“General Conference” means the General Conference of Weights and Measures established under the meter convention;

[Subs by s 2(b)(iii) of Act 12 of 2003.]

“International Standard” means the prototype standard sanctioned by the First General Conference of Weights and Measures held in Paris 1889 and deposited at the International Bureau of Weights and Measures;

[Ins by s 2(c) of Act 12 of 2003.]

“International System of Units” means the system of units referred to in section 3;

“instrument” means a weighing or measuring instrument or any instrument used for ascertaining the number of goods;

“just” means any weight, or measure weighing or measuring instrument which does not have an error greater than the prescribed limits or error;

“license” means a service license issued under section 38;

[Ins by s 2(c) of Act 12 of 2003.]

“measuring instrument” means any weight, measure, apparatus, device or thing designed or adapted for measuring any length, area, volume or other quantity or dimension, including time;

“member” means a member of the Board appointed under section 2C;

[Ins by s 2(c) of Act 12 of 2003.]

“metric system” means the supplementary, derived and special or permitted units of the International System of Units;

“metrologist” means a person appointed as a metrologist under section 2E;

[Ins by s 2(c) of Act 12 of 2003.]

“national standard” means a set of standard weights or measures which is made or manufactured by or on behalf of the Agency for the verification of any secondary standard;

[Subs by s 2(b)(iv) of Act 12 of 2003.]

“net weight” of an article means the weight of the article excluding the weight of its container;

“pre-packed article”, means an article packed or made up in advance ready for sell or kept for or stored for retail sale in a wrapper or container whether open, enclosed or sealed in any way;

“pre-packaged commodity” means a commodity which is packed or made up in advance ready for sale or a commodity which is kept or stored for retail sale in a wrapper or container or which is sealed in anyway;

[Ins by s 2(c) of Act 12 of 2003.]

“purchaser” includes any person acting on behalf of a purchaser;

“quantity” means any measurement of distance, length, width, height, area, size, volume, capacity, mass, number, electricity or temperature;

[Subs by s 2(b)(v) of Act 12 of 2003.]

“sale by retail” means sale to a person otherwise than for the purpose of resale, but does not include a sale for the purpose of a catering or manufacturing business;

“S.I. Unit” means a unit of the International system of units for the time being approved by the General Conference of delegates of Member States of the Meter convention and which is listed in the Schedule to this Act.

“Secondary Standards” means a set of standard weights or measures which is used for the verification of any working standard;

[Subs by s 2(b)(vi) of Act 12 of 2003.]

“sell” includes offer, advertise, expose, keep, supply, carry, transport, deliver, hold, have in possession or prepare for valuable consideration, and cognate expressions shall be construed accordingly;

“stamp” means a mark which is made on or in relation to any weight or measure to—

      (a)   certify that such weight or measure conforms to the standards specified by this Act; or

      (b)   indicate that any mark which was previously made on the weight or measure certifies such weight or measure as conforming to the standards established by or under the Act.

[Ins by s 2(c) of Act 12 of 2003.]

“standard” means an international standard, national standard, secondary standard or working standard;

[Subs by s 2(b)(vii) of Act 12 of 2003.]

“trade” includes any contract, bargain, sale, dealing and generally any transaction for valuable consideration for the purposes of which goods or articles are weighed, measured or counted, but does not include any contract or bargain for sale of or dealing in land or any interest in land;

“valid” in relation to any weight, measure or weighing or measuring instrument, means bearing a stamp that is still in force and cognate expressions shall be construed accordingly;

“verify” means to weigh, measure, compare, check, test or adjust a weight or measure in order to ensure that it conforms to standards established by or under the Standards Act, and cognate expressions shall be construed accordingly;

[Subs by s 2(b)(viii) of Act 12 of 2003.]

“weight” means a material measure of mass regulated in regard to its physical and metrological characteristics, shape, dimension, material, surface, quality, nominal value or maximum permissible error;

[Subs by s 2(b)(ix) of Act 12 of 2003.]

“Zambia Bureau of Standards” means the Zambia Bureau of Standards established under the Standards Act.

PART IA
THE ZAMBIA WEIGHTS AND MEASURES AGENCY

[Part IA ins by s 3 of Act 12 of 2003.]

2A.   Establishment of Agency

   (1) There is hereby established the Zambia Weights and Measures Agency which shall be a body corporate with perpetual succession and a common seal, capable of suing and of being sued in its corporate name, and with power, subject to the provisions of this Act, to do all such acts and things as a body corporate may by law do or perform.

   (2) The Thirteenth Schedule shall apply to the Agency.

[S 2A ins by s 3 of Act 12 of 2003.]

2B.   Functions of Agency

The functions of the Agency shall be to—

      (a)   administer the Act and all matters relating to weighing or measuring instruments used in trade;

      (b)   keep and maintain secondary and working standards and other measuring standards;

      (c)   verify measuring instruments used in domestic and international trade;

      (d)   test and approve new types of weighing and measuring instruments used for trade which comply with international or national standards;

      (e)   investigate any alleged breach of the provisions of this Act;

      (f)   collect and disseminate information on the work of the Agency through publications, seminars, workshops and the print or electronic media;

      (g)   lease with regional and international metrological organisations and institutions on matters relating to the promotion of metrology in Zambia;

      (h)   provide a uniform system of trade measurements to ensure traceability to international standards;

      (i)   establish laboratories and other facilities to improve maintenance, storage and testing of trade measurement standards;

      (j)   examine candidates for a license to repair, service or install weighing and measuring instruments;

      (k)   initiate policy formulation and keep under review the working of this Act and, when so required by the Minister or if the Agency otherwise thinks it necessary, draw up and submit to the Minister proposals for amending it; and

      (l)   undertake such other activities as are conductive or incidental to its functions under this Act.

[S 2B ins by s 3 of Act 12 of 2003.]

2C.   Constitution of Board

   (1) There is hereby constituted the Zambia Weighs and Measuring Agency Board which shall, subject to the provisions of this Act. perform the functions of the Agency under this Act.

   (2) The Board shall consist of part time members appointed by the Minister as follows—

      (a)   one representative of the Zambia Association of Manufacturers;

      (b)   one representative from the Zambia National Farmers Union;

      (c)   one representative from the Truckers Association;

      (d)   one representative from the Zambia Consumer Association;

      (e)   one representative from the Zambia Bureau of Standards;

      (f)   one representative from the Law Association of Zambia;

      (g)   the Executive Director of the Energy Regulation Board; and

      (h)   one representative from––

      (i)   the ministry responsible for finance; and

      (ii)   the ministry responsible for commerce, trade and industry.

   (2) The Chair person shall be appointed by the Minister.

   (3) The Vice-Chairperson shall be elected by the members of the Board from among their number.

   (4) A person shall not be appointed as a member of the Board if the person—

      (a)   is an undercharged bankrupt;

      (b)   has been convicted of an offence involving fraud or dishonesty; or

      (c)   has been convicted of an offence under any other written law and sentenced to a term of imprisonment of not less than six months, without the option of a fine.

[S 2C ins by s 3 of Act 12 of 2003.]

2D.   Director

   (1) The Board shall, with the approval of the Minister, appoint a Director who shall be the Chief Executive Officer of the Agency and, subject to the control of the Board, be responsible for the day to day administration of the Agency.

   (2) The Board shall, with the approval of the Minister, determine the terms and conditions of service of the Director.

   (3) The Director shall attend meetings of the Board and may attend meetings of any committee of the

Board and may address the meetings, but shall have no vote.

[S 2D ins by s 3 of Act 12 of 2003.]

2E.   Secretary and other staff

   (1) The Director shall be the Secretary to the Board.

   (2) The Board may appoint metrologissts and such other staff of the Agency as it considers necessary performance of its functions unders this Act.

   (3) The Board shall determine the terms and conditions of service of the staff of the Agency.

[S 2E ins by s 3 of Act 12 of 2003.]

2F.   Duties of metrologists

The Duties of a metrologist shall be to––

      (a)   carry out verification of weights, measures and weighing and measuring instruments;

      (b)   care for, and maintain, any standard equipment which may be entrusted to the metrologist's care;

      (c)   keep records and make such reports as the Director may require;

      (d)   give effect to the directions of the Director; and

      (e)   generally exercise and perform such powers and duties as may be conferred or imposed on a metrologies by this or any other written law.

[S 2F ins by s 3 of Act 12 of 2003.]

PART II
STANDARD WEIGHTS AND MEASURES

3.   Units of measurement

   (1) The International System of Units shall be authorised measure by reference to which any measurement in trade in Zambia shall be made.

   (2) The International System of Units shall consist of—

      (a)   the base units set out and defined in the First Schedule;

      (b)   the supplementary units set out and defined in the Second Schedule;

      (c)   the derived units set out in the Third Schedule; and

      (d)   any special or permitted units that may be used in conjunction with units mentioned in paragraphs (a) to (c) as adopted by the General Conference and set out in the Fourth Schedule.

   (3) The International System of Units prefixes for multiples and sub-multiples of the units referred to in sub-section (2) are those set out and defined in the Fifth Schedule.

   (4) Additional Units of measurement that may be used are set out in the Sixth Schedule.

   (5) Units of measurements of length, area, volume, capacity, mass, weight, electricity and time are set out in the Seventh Schedule.

   (6) The denominations of physical weights and measures that shall be used for the purpose of trade in

Zambia are set out in the Eighth Schedule.

   (7) The Minister may, by statutory instrument, from time to time amend any Schedule to this Act.

4.   National standards

   (1) The Agency shall authorise the use of such standards of weights and measures as the Agency considers necessary.

[S 4(1) subs by s 4(a) of Act 12 of 2003.]

   (2) Every standard referred to in sub-section (1)—

      (a)   shall be of a denomination equivalent to—

      (i)   a weight or measure authorised by this Act; or

      (ii)   a multiple, aliquot pacer sub-multiple of such a weight or measure;

      (b)   shall be verified––

      (i)   in the case of a weight or measure authorised by this section; or

      (ii)   in the case of a weight or measure authorised by such competent institution as the Minister directs; and

      (c)   shall be made of such materials and in such manner and placed and kept in such a receptacle as affords it, as far as practicable, protection against mechanical and atmospheric agencies and any likely source of error.

   (3) A standard of a liter or capacity measurement may, as the Agency thinks fit, be—

      (a)   provided either as a separate standard or by means of divisions marked on a standard of a larger measure; and

      (b)   either marked in whole or in part with sub-divisions representing any smaller units of measurement; or

      (c)   multiples or sub-multiples of such a unit, or have no such markings.

[S 4(3) am by s 4(b) of Act 12 of 2003.]

   (4) Where a standard of weight or measure is about to be brought into use in Zambia the Minister shall, on the recommendation of the Board, by notice published in the Gazette or a newspaper with daily circulation, declare that such standard of weight or measure is about to be brought into use in Zambia and specify in that notice on date on which that standard of weight or measure shall become operative.

[S 4(4) subs by s 4(c) of Act 12 of 2003.]

   (4A) The standard of weight or measure referred to in sub-section (4) shall, upon publication, of the notice referred to in that sub-section, become a national standard of weight or measure and shall, for all purposes, be conclusively deemed to be true and accurate.

[S 4(4A) ins by s 4(d) of Act 12 of 2003.]

   (5) Every national standard shall be accompanied by a certificate of calibration.

5.   Periodic verification of national standards

   (1) The Agency shall at least once in every ten years cause every national standard to be verified, and if necessary to be corrected and adjusted or renewed.

[S 5(1) am by s 5(a) of Act 12 of 2003.]

   (2) Where a national standard is sent out of Zambia for verification, the Agency shall cause a corresponding secondary standard to be deposited in such manner as he considers proper, and that secondary standard shall, during such time as the national standard is out of Zambia, be the national standard.

[S 5(2) am by s 5(b) of Act 12 of 2003.]

6.   Custody of national standards

The national standard shall be kept at a laboratory to be set up by the Zambia Bureau of Standards.

7.   Secondary standards

   (1) The Director shall—

      (a)   cause to be procured such copies of the national standards as he thinks fit;

[S 7(1)(a) am by s 6 of Act 12 of 2003.]

      (b)   provide for the verification of any copies so prepared; and

      (c)   cause the verified copies to be authenticated as secondary standards.

   (2) Every authenticated secondary standard shall, until the contrary is proved, be taken to be as true and accurate as the corresponding national standard.

   (3) Once in every two years the Director shall cause each of the secondary standards referred to in sub-section (1) of section 7 to—

      (a)   be compared with the national standards and if necessary to be corrected and adjusted by the Zambia Bureau of Standards or any other competent authority but such verification should be witnessed by two people to be appointed by the Minister;

      (b)   bear a certificate of corrections signed by the witnesses and such Institution as may be appointed to carry out the verification;

   (4) The Director shall direct that the secondary standard no longer be used as a secondary standard where any deficiency is detected.

8.   Working standards

   (1) Every Metrologist shall be provided with proper and sufficient working standards of weights and measures which shall be used for verifying or re-verifying of weights or measures or instruments in use for purposes of trade.

[S 8(1) am by s 7 of Act 12 of 2003.]

   (2) Once in every twelve months a Metrologist shall compare the working standards, which have been in use during the past twelve months, with the secondary standards, and, if necessary make corrections and adjustments before signing a certificate prescribed in Form B of the Schedule.

   (3) The Director may at any time cancel any working standard and direct that it no longer be used.

   (4) Judicial notice shall be taken of every working standard and each such standard shall be deemed to be true and accurate until the contrary is proved.

9.   Storage of standards

The Director shall cause to be maintained such equipment for safe storage of, and otherwise for use in connection with, standards.

[S 9 am by s 24(c) of Act 12 of 2003.]

PART III
ADMINISTRATION

[Part III rep by s 8 of Act 12 of 2003.]

10.   …

[S 10 rep by s 8 of Act 12 of 2003.]

11.   …

[S 11 rep by s 8 of Act 12 of 2003.]

12.   …

[S 12 rep by s 8 of Act 12 of 2003.]

13.   …

[S 13 rep by s 8 of Act 12 of 2003.]

14.   …

[S 14 rep by s 8 of Act 12 of 2003.]

PART IV
TYPE APPROVAL AND VERIFICATION OF WEIGHING AND MEASURING INSTRUMENTS

[Subs by s 9 of Act 12 of 2003.]

15.   Certificate in respect of design or pattern of instruments, etc.

   (1) Any person may, on payment of the prescribed fee, make a written application to the Director—

      (a)   for the issue of a certificate in regard to the suitability for use in trade of any instrument of a design or pattern; and

      (b)   for the amendment of such certificate if that design or pattern is altered in a manner specified in the application without affecting the principle of the instrument.

   (2) If on testing the instrument the Director is satisfied––

      (a)   as to the suitability for use in trade of any instrument of a design or pattern he shall issue a certificate to that effect; or

      (b)   that the alteration of the design or pattern specified in application does not affect––

      (i)   the suitability of the instrument for use in trade; or

      (ii)   the principle of the instrument;

he shall amend the certificate accordingly:

Provided that, the Director may, in and by any such certificate, limit the purpose of trade for which any instrument of that design or pattern may be used, or impose conditions upon the use in trade of any such instrument.

   (3) If the Director at any time finds a design or pattern in respect of which a certificate has been issued under this section to have some quality which is likely to render it unsuitable for all or any purpose of trade or to have become obsolete, he may––

      (a)   cancel the certificate; or

      (b)   cancel the certificate and, upon the payment of the prescribed fee, issue a fresh certificate in place thereof, specifying the circumstances in which the instrument may be used or impose conditions upon the use of the instrument in trade.

   (4) Where proof is tendered that an instrument conforms in all respects with a design or pattern approved by the 'International Organisation for Legal Metrology or by a recognised body on behalf of the European Economic Community, a certificate in terms of sub-section (2) may be issued.

   (5) Where any design or pattern of instrument was issued in Zambia or approved by a competent authority prior to the date of coming into operation of this Act, a certificate in terms of sub-section (2) may be issued, unless there is any feature of the present design or pattern which would render it unsuitable for use in trade.

16.   Assize of instruments

A Metrologist shall at such times and places as may be fixed and, on payment of the prescribed fee, assize or re-assize every instrument brought to him for the purpose.

[S 16 am by s 24(b) of Act 12 of 2003.]

17.   Re-assize of instruments

   (1) At least once in every twelve months a Metrologist may at any time, by notice in writing, request any person to submit to him at such time and place as the Metrologist may specify any weight, measure, weighing instrument or measuring instrument which is used or intended to be used for trade:

Provided that, there shall be an interval of at least fourteen days between the date of publication of the notice and the last day on which the instrument is to be produced:

   (1) Notwithstanding sub-section (1), a Metrologist shall, subject to the direction of the Agency, at least twice in every twelve months by notice in writing request any person who has in their possession or charge any fuel dispenser, bulk flow meter or fuel master meter for use in trade to submit to the Metrologist, at such time and place as the Metrologist may specify, such fuel dispenser, bulk flow meter or fuel master meter for re-verification.

[S 17(1A) ins by s 10(a) of Act 12 of 2003.]

   (2) Subject to the provisions of sub-section (3) any person who fails to comply with a notice referred to in sub-section (1) or sub-section (1A) shall be guilty of an offence and shall be liable, on conviction, to a fine not exceeding five thousand penalty units or to imprisonment for a period not exceeding six months, or to both.

[S 17(2) am by s 10(b) of Act 12 of 2003.]

   (3) A person on whom a notice has been served under sub-section (1) or sub-section (1A) who has—

[S 17(3) am by s 10(c)(i) of Act 12 of 2003.]

      (a)   an instrument which—

      (i)   is fixed;

[S 17(3)(a)(i) am by s 10(c)(ii) of Act 12 of 2003.]

      (ii)   has a weighing capacity exceeding two hundred and fifty kilograms;

      (iii)   is of delicate construction; or

      (iv)   is in the opinion of an assizer liable to damage or derangement if submitted in accordance with sub-section (1); or

      (b)   an instrument which is ordinarily kept at a place which is not within forty kilometers of any place specified in that notice, shall not be guilty of an offence under this section if upon the publication of the notice he forthwith, in writing, notifies the Metrologist by whom that notice was published of the particulars of the instrument and the place where it is ordinarily kept and requests that the instrument be assized at that place.

   (4) An assized measure or capacity made of clear glass, earthen ware or enameled metal, or an assized measure of length, need not be re-assized unless—

      (a)   the Metrologist has reasonable grounds for believing it has materially altered since it was last assized; or

      (b)   the verification stamp has been defaced or become illegible.

[S 17(4)(b) am by s 10(d) of Act 12 of 2003.]

   (5) A Metrologist may request any person producing or submitting an instrument for re-verification under this section to—

      (a)   cause it to be taken sufficiently apart to enable the Metrologist to examine it;

      (b)   provide auxiliary material necessary for the re-verification of any instrument;

      (c)   provide transport or labour for the proper and expeditious handling of the standards or any material which is to be used for the re-verification of the instrument; or

      (d)   cause it to be cleaned where necessary.

[S 17(5) ins by s 10(e) of Act 12 of 2003.]

   (6) Where a Metrologist makes a request under sub-section (5) and the person so requested fails or declines to comply with the request, the metrologist may refuse to re-verify the instrument and shall submit a report on the matter to the Director.

This section of the article is only available for our subscribers. Please click here to subscribe to a subscription plan to view this part of the article.