Amendment status not verified — confirm the current text below against the official source.
For the purposes of this Act, any weighing or measur- Weighing (a) determining the weight, measurement or number Of for trade. goods supplied, or acquired by way of trade on the basis of weight, measurement or number; or (b) computing the payment for work or services rendered or for any tool or duty charged on the basis of weight, measurement or number; or (c) determining weight or measurement upon payment of money; or (4 grading agricultural produce by reference to weight or measure, for the purpose of trade, Trade and m e a y - mg equip- ment used ing equipment used in- shall be deemed to be in use for trade. 7.-(1) Any person wishing to have any weighing or Testingof measuring equipment passed as fit for use for trade shall measuring submit the equipment to an inspector in such manner as onrequest, the Bureau may direct and, subject to the provisions of this Act and of any regulations made thereunder and after weighing or equipment me inclusion of this page is authorized by L.N. 961 19981 8 WEIGHTS A N D MEASURES payment by that person of such fee, if any, as may be pre- scribed the inspector shall- (a) test the equipment by means of such standards and testing equipment as he considers appropriate or, subject to any conditions which may be pre- scribed, by means of other equipment which has already been tested and which the inspector con- siders suitable for the purpose; and (b) if the equipment submitted falls within the pre- scribed limits of error and satisfies the requirements of this Act and of any regulations made thereunder, give to the person submitting it a statement in writing to the effect that it is passed as aforesaid; md (c) keep a record of the test. (2) Any person who forges, alters or defaces a state- ment in writing referred to in paragraph (b) of subsection (1) shall be guilty of an offence. Approval 8.-(1) Any person wishing to ascertain whether any ofweighing pattern of weighing or measuring equipment is suitable for equipment. use for trade may, in such manner as may be prescribed, submit that pattern to the Bureau for examination. (2) Where any pattern of weighing or measuring equipment is submitted to the Bureau pursuant to sub- section (1) the Bureau shall, on payment of such fee, if any, as may be prescribed, examine the suitability for use for trade of equipment of that pattern, having regard in particular to the principle, materials and methods used or to be used in its construction, and if the Bureau is satisfied that equipment of that pattern is suitable for use for trade, it shall issue a certificate of approval of that pattern and cause notice of the approval to be published in the Gazette. (3) The Bureau may from time to time authorize such minor modifications as it thinks fit of any pattern of of patterns or measuring __ _ _ ~ - me inclusion of this pge &I authorized by L.N. 96/ 19981 WEIGHTS AND MEASURES 9 weighing or measuring equipment in respect of which a certificate of approval has been granted under this section, and shall cause notice of any modifications authorized by it to be published in the Gazette. (4) A certificate of approval may contain a condition that equipment of the pattern in respect of which that certi- ficate is granted shall be used for trade in only such place, or for only such period, or for only such purpose, as is specified in the certificate. (5) The Bureau may at any time revoke any certificate of approval granted under this section and shall cause notice of the revocation of any certificate of approval to be pub- lished in the Gazette. (6) Any equipment of a pattern in respect of which a certificate of approval has been granted under this section may, and in such cases as may be prescribed shall, be marked in the prescribed manner so as to identify it with the pattern to which the certificate relates. 9.41) The Bureau may from t h e to time by notice G C U C ~ published in a daily newspaper printed and circulating in weighing Jamaica, and published also in such other manner as the ~ ~ ~ $ Bureau thinks fit, appoint a day (which shall not be earlier merit. than the fourteenth day after the last publication of the notice) on which an inspector will visit any district, village or town specified in the notice to inspect and test weighing and measuring equipment used for trade in that district, village or town. (2) On the day appointed under subsection (1) an inspector- (a) shall visit the district, village or town specified in the notice referred to in that subsection, taking with him such working standards, testing and stamping equipment as he thinks necessary; and (b) may enter any premises in which he reasonably testing of w inclusion iof ,SS page a~ au-4 by L.N. 96 I 19983 10 WEIGHTS AND MEASURES believes any weighing or measuring equipment is kept to be sold or used for trade; and (c) may request any person in the premises to produce for inspection and testing any weighing or measur- ing equipment in the custody of that person for sale or for use for trade; and (d) may exercise any other power, and shall perform any other duty, conferred or imposed by section 17 on an inspector. (3) Any person to whom a request is made pursuant to paragraph (c) of subsection (2) shall submit to the inspector, for inspection and testing, all weighing and mea- suring equipment in his custody. (4) Where any weighing or measuring equipment is submitted to an inspector for testing, the inspector shall- (a) test the equipment by means of such working standards and testing equipment as he considers appropriate or, subject to any conditions which may be prescribed, by means of other equipment which has already been tested and which the inspector considers suitable for the purpose; and (b) if the equipment submitted falls within the pre- scribed limits of error, give to the person sub- mitting it a statement in writing to the effect that it is passed as fit to be used for trade; and (c) except as otherwise expressly provided by or under this Act, cause the equipment to be stamped with the prescribed stamp; and (5) No weight or measure shall be- (d) keep a record of the test. (a) stamped as mentioned in paragraph (c) of sub- section (4) unless it has been marked in the pre- scribed manner with its purported value; (b) stamped or marked if it is too small to be stamped or marked. _- - me inclusion of this page is authized by L.N. 96/1% WEIGHTS AND MEASURES 11 (6) Any person who without reasonable cause fails to comply with any requirement properly made of him by an inspector under this section shall be guilty of an offence. 10.41) No person shall use for trade any unit of mea- Unitsof measure- ment lawful for trade. surement which is not included in the First Schedule. (2) No person shall use the carat (metric) for trade usefor except for the purposes of transactions in precious stones First or pearls, and no person shall use the ounce troy for trade except for the purposes of transactions in, or in articles made from, gold, silver or other precious metals, including transactions in gold or silver thread, lace or fringe. (3) Any person who contravenes any of the pro- visions of this section shall, subject to subsection (4), be guilty of an offence, and any measure or weight used, or in any person’s possession for use, in contravention of any of those provisions shall be liable to be forfeited. (4) This section shall not apply to any transaction in connection with the export of goods to a country where a system of units of measurment other than those author- ized by this Act is used for trade. 11.41) No person shall sell any goods by weight or measurement unless he does so by net weight or measure- ment. ment. (2) Any person who sells any goo& by weight or measurement expressed in metric units shall inform the purchaser, in such manner as may be prescribed, of the correct equivalent of the weight or measurement in imperial units. (3) Any person contravening this section shall be guilty of an offence. ed, no person shall sell any pre-packed goods by weight soodsby 12.-(1) Subject to such exemptions as may be prescrib- :;;Pafckea weight or measure- ment. [The inclusion of this page aS authorized by L.N. 96 / 19981 12 WEIGHTS AND MEASURES First Schedule. Seller to weigh or measure goods in buyer's presence if request- ed. Short weight, etc. Deceptive packaging. or measurement unless the net weight or the capacity measurement of those goods is marked on the container in the prescribed manner by reference to an imperial unit of measurement included in the First Schedule. (2) Subject to the provisions of this Act, no person shall supply by way of trade any goods in a container marked with any unit of weight or measurement differing in name or size from the appropriate units specified in the First Schedule unless its correct equivalent in units of weight or measurement so specified are also marked on that container- (a) not less conspicuously than the unit of weight or (b) in the prescribed manner. section (2) shall be guilty of an offence. measurement first mentioned; or (3) Any person contravening subsection (1) or sub- 13.-(1) Any person selling by weight or measurement any goods, other than pre-packed goods which satisfy the requirements of section 12, shall weigh or measure the goods in the presence of the buyer if requested by the buyer to do so. (2) Any person who contravenes subsection (1) shall be guilty of an offence.