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Legal Metrology Act, 2014 (Act No. 9 of 2014)

Chapter VIII : Compliance Schemes and Use of Marks

37. Compliance schemes and use of distinctive marks and verification marks


(1) The Minister may, on the recommendation of the National Regulator, introduce or abolish a compliance scheme in order to promote the effectual carrying out of the objects of this Act and, if deemed necessary, an associated distinctive mark to supplement the regulation of quantity of goods in prepackaged form or any other matter pertaining to this Act.


(2) The Minister must publish the requirements for a scheme contemplated in subsection (1) and any distinctive mark associated therewith by notice in the Gazette.


(3) The Chief Executive Officer must authorise the design of verification marks and protective seals for use by verification officers in the prescribed manner, and maintain a register of those verification marks and protective seals.


(4) The Chief Executive Officer must authorise and maintain a register of protective seal designs used by persons responsible for repairs.


(5) A distinctive mark that has been established in terms of subsection (1), a verification mark and protective seals authorised in terms of subsection (3) and a protective seal authorised in terms of subsection (4), must be regarded as a mark the use of which is prohibited in terms of section 15(1) of the Merchandise Marks Act, 1941 (Act No. 17 of 1941), except by the National Regulator or persons or bodies authorised by the National Regulator to use such mark.