Basic Conditions of Employment Act, 1997
R 385
National Regulator for Compulsory Specifications Act, 2008 (Act No. 5 of 2008)Compulsory Specifications15. Non-conformance to compulsory specification |
| (1) | If the Chief Executive Officer on reasonable grounds suspects that a commodity or product, or a consignment or batch of a commodity or product, does not conform to or has not been manufactured in accordance with a compulsory specification that applies to if, the Chief Executive Officer may issue a directive to ensure that any person who is in possession or control of the commodity or product, consignment or batch, keeps it in his or her possession of under his or her control at or on any premises specified in the directive, and does not tamper with or dispose of it, until the directive is withdrawn by the Chief Executive Officer in writing. |
| (2) | The Minister may make regulations in terms of section 36 to set time limits for the withdrawal of the directive referred to in subsection (1). |
| (3) | If the National Regulator finds that a commodity or product referred to in subsection (1) does not conform to the compulsory specification concerned, the National Regulator may— |
| (a) | take action to ensure the recall of a commodity or product; |
| (b) | direct in writing that the importer of the consignment returns it to its country of origin; or |
| (c) | direct in writing that the consignment or batch of the article concerned be confiscated, destroyed or dealt with in such other manner as the National Regulator may consider fit. |
[Section 15(3)(c) substituted by amendment No. 6(b) of Schedule 2 of Act No. 9 of 2014 of the Legal Metrology Act, 2014]
[Section 15(3) substituted by amendment No. 6(a) of Schedule 2 of Act No. 9 of 2014 of the Legal Metrology Act, 2014]
| (4) | The National Regulator must inform the Minister in writing on action taken in terms of subsection (3) within 21 days. |
[Section 15(4) substituted by amendment No. 6(c) of Schedule 2 of Act No. 9 of 2014 of the Legal Metrology Act, 2014]
