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Use of Equipment in Legal Metrology Regulations Extended

October 2, 2020

Department of Trade, Industry and Competition

Equipment allowed to be used prior to the introduction of Legal Metrology Regulations in 2018 can continue to be used for six months.

The trade, industry and competition department announced the extension in Government Gazette 43748.

The Legal Metrology Regulations were published in Gazette 41854 in August 2018 in terms of the Legal Metrology Act.

The act came into force in 2014.

It is designed to promote fair trade in the local economy.

The act also aims to protect public health and safety and the environment.

Essentially, the act is intended to facilitate a shift in the legislative framework from trade metrology to legal metrology.

The legislation applies to measurable products and services, measurements in trade, health, safety and the environment and measuring instruments used for a prescribed purpose.

It allows medical measurements, safety measurements and environmental measurements to be included in the ambit of the law for the first time.

The National Regulator for Compulsory Specifications (NRCS) is empowered to confiscate and destroy any non-conforming products, services and instruments.

The NRCS is also expected to authorise and maintain a register of verification marks, repair marks and protective seals.

The regulations focus on, inter alia, the registration of importers, manufacturers and persons who offer for sale any prescribed measuring instrument, product or service; measurement standards; market surveillance inspectors; sale of goods; requirements for marking of prepackages and prescribed quantities; special requirements for sale of goods sold other than in prepackaged form; accuracy of measurement when determining quantity of goods; compliance schemes; measuring instruments, products or services not conforming to legal metrology technical regulations; measuring instruments and containers used for prescribed purposes; verification and repair bodies; distinctive marks and regulation pertaining to periodic verification.

Regulation 2(2) stipulates that any “equipment which was allowed to be used under the requirements of any other law requiring compliance to a South African National Standard, may continue to use the equipment for a period of 24 months from the commencement of these Regulations or for such additional period as the Minister may determine by notice in the Government Gazette”.

The additional period of six months commences on the date of publication of the notice.