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

Chapter IX : General and Miscellaneous

38. Regulations

 

(1) The Minister may make regulations regarding—
(a) any matter that may or must be prescribed in terms of this Act;
(b) conditions for the supply, custody, care and verification of all classes of measurement standards and measuring instruments referred to in this Act;
(c) the classes or kinds of measuring instruments that must be type approved or verified in terms of this Act;
(d) the purposes for which a measuring instrument type approved or verified in terms of this Act may be used;
(e) the conditions with which any attachment, device or ancillary equipment connected with any type of measuring instrument type approved in terms of this Act must comply;
(f) the manner in which the type approval examination of any type of measuring instrument or part thereof submitted for type approval in terms of section 22, must be carried out;
(g) the material, design and construction of measuring instruments or specified types, classes or kinds of measuring instruments, and the approval of such material, design and construction;
(h) the imposition of conditions or limitations on the use of any type of measuring instrument;
(i) the prohibition of the certification, recertification or use for any prescribed purpose of measuring instruments or specified types, classes or kinds of measuring instruments which are liable to—
(i) become inaccurate; or
(ii) result in or facilitate fraud or deception, or which are not made in accordance with the relevant specifications or are found to be unsuitable for such prescribed purpose;
(j) the conditions under which fluids or solids may be sold by quantity, size or dimensions, and the conditions relating to temperature under which fluids must be sold;
(k) the permissible limits of error or difference which may exist between the actual and represented quantity, size or dimensions of items, sold by number or in accordance with any measurement unit;
(l) the control of the sale or import for sale, in accordance with any measurement unit, of any product used by the public, and the requirement that such product—
(i) may only be sold—
(aa) in specified containers;
(bb) by means of verified or subsequently verified measuring instruments;
(cc) in accordance with any measurement unit; or
(dd) by number; and
(ii) must be prepacked according to a particular scale of quantities, sizes or dimensions;
(m) the creation of a list of products which—
(i) by reason of their being subject to variation in mass owing to their properties or to climatic influences;
(ii) by reason of the use of mass to designate grade or class only; or
(iii) for any other reason,

are exempted from the provisions of this Act relating to the sale of goods by net mass;

(n) the size of the letters or any other method of indicating the quantity of the contents of containers at the time of packing;
(o) the permissible equivalent in which a measurement unit may be expressed in terms of another measurement unit of the same physical quantity;
(p) the equivalents giving the permissible quantity of items expressed in terms of the measurement unit of one physical quantity as the quantity expressed in terms of the measurement unit of another physical quantity;
(q) tables giving the permissible quantity per container used in trade in respect of fruit, vegetables, agricultural produce and any dry products;
(r) the forms to be used in connection with this Act;
(s) the permissible denominations of mass pieces and measures and the manner in which such denominations must be shown on the mass pieces or measures in question;
(t) the continued use of any measuring instrument after rejection thereof by any market surveillance inspector;
(u) any invoice, delivery note or other documentation referred to in section 36;
(v) specifications for, and conditions, limitations and requirements in connection with, the use or degree of accuracy of particular vessels; and
(w) any ancillary or incidental administrative or procedural matter that it is necessary to prescribe for the proper implementation or administration of this Act.

 

(2) The regulations may authorise the Chief Executive Officer to grant exemption in writing from any provision thereof on such conditions and for such period as he or she may deem fit.

 

(3) Any regulation prescribing fees must be made with the concurrence of the Minister of Finance.

 

(4) The Minister must, not less than three months before any regulation is made under subsection (1)—
(a) publish the regulation in the Gazette together with a notice declaring his or her intention to make such regulation;
(b) invite interested persons to comment thereon or to make representations with regard thereto; and
(c) duly consider any comment received.