Protection of Businesses Act, 1978
R 385
National Regulator for Compulsory Specifications Act, 2008 (Act No. 5 of 2008)Compulsory Specifications20. Samples and information |
| (1) | Notwithstanding anything to the contrary in this Act, any person who imports, sells or supplies any commodity or product or supplies any service for which a compulsory specification is in force, must at the written request of the National Regulator, within a period stated in the request, and at that person's own cost— |
| (a) | submit or make available, to the National Regulator any sample as may be specified in the request, for examination, testing or analysis; or |
| (b) | furnish to the National Regulator such information as may be specified with regard to the article concerned or its manufacture or the service supplied; and |
| (c) | comply with the sampling requirements of the compulsory specification that is in force. |
| (2) | The National Regulator may examine any sample obtained in terms of this Act, or have it tested or analysed, in order to determine whether the article, component, material or substance concerned complies with or has the characteristics of or has been manufactured in accordance with the requirements of any compulsory specification applicable in terms of this Act. |
| (3) | If any sample obtained in terms of this Act is damaged or destroyed during the process of examining, testing or analysing such sample, the National Regulator is not liable for the damage to or destruction of that sample, except where the damage is due to negligence of the National Regulator. |
| (4) | The result of any examination. test or analysis of any sample of a commodity, product manufactured or service supplied in respect of which a compulsory specification is in force, is regarded to be valid for the whole consignment or batch from which the sample was obtained or to the similar services by the supplier, until the contrary is proved, or unless otherwise specified in the compulsory specification that is in force. |
