Section 1
Short title
This Act is the Weights and Measures Act 1975.
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Part 1
Short title
This Act is the Weights and Measures Act 1975.
Interpretation
In this Act, unless the context otherwise requires —
“Accuracy Label” means a mark referred to in section 7(2)(d)(ii) for use as evidence of the passing of any weighing or measuring instrument as fit for use for trade;
“Authorised Verifier” means any person appointed by the Board under section 29A;
“Board” means the Enterprise Singapore Board established by section 3 of the Enterprise Singapore Board Act 2018;
“catch weight goods” means goods that —
are enclosed in a package;
cannot be portioned to a predetermined quantity because of their nature; and(c)are usually sold in varying quantities;
“check-weighed”, in relation to any vehicle, means weighed with its load by means of the nearest suitable and available weighing instrument, and weighed again after it has been unloaded by means of the same or other suitable weighing instrument;
“constructional use”, in relation to any goods, means the use of those goods in constructional work in the course of the carrying on of a business;
“container” includes any form of packaging of goods for sale as a single item, whether by way of wholly or partly enclosing the goods or by way of attaching the goods to, or winding the goods round, some other article, and in particular includes a wrapper or confining band;
“contravention”, in relation to any requirement, includes a failure to comply with that requirement, and cognate expressions are to be construed accordingly;
“Controller” means the Controller of Weights and Measures appointed under section 29 and includes any officer duly authorised by the Controller to act on his or her behalf;
“desiccating goods” means any goods made up in a package that lose weight or volume solely through evaporation when the package is made up;
“gross weight”, in relation to any goods, means the aggregate weight of the goods and any container in or on which they are made up;
“inadequate package” means a package enclosing goods that contain less than the quantity stated on the package or a label attached to the package, where the deficiency is more than twice the amount of error prescribed for the purpose of this definition;
“indication of quantity”, in relation to any container in or on which goods are made up, means a written statement to the effect that those goods are of, or of not less than, a specified quantity by net weight, gross weight or other measurement or by number, as the case may require;
“industrial use”, in relation to any goods, means the use of those goods in the manufacture of, or for incorporation in, goods of a different description in the course of the carrying on of a business;
“inspector” means an inspector of weights and measures appointed under section 29;
“international definition”, in relation to any unit of measurement, means the definition of that unit recognised by the General Conferences of Weights and Measures from time to time convened by the International Bureau of Weights and Measures;
“lot of packages” means a collection of packages enclosing goods that —
are of the same kind;
are of the same stated weight, measure or number; and(c)are available for inspection at the same time and place;
“non-standard package” means a package enclosing goods that contains less than the quantity stated on the package or a label attached to it, where the deficiency is more than the amount of error prescribed for the purpose of this definition but not more than twice that prescribed amount of error;
“occupier”, in relation to any stall, vehicle, ship or aircraft or in relation to the use of any place for any purpose, means the person for the time being in charge of the stall, vehicle, ship or aircraft or (as the case may be) the person for the time being using that place for that purpose;
“premises”, except in section 28(3), includes any place and any stall, vehicle, ship or aircraft;
“prepacked” means made up in advance ready for retail sale in or on a container; and on any premises where articles of any description are so made up, or are kept or stored for sale after being so made up, any article of that description found made up in or on a container is deemed to be prepacked unless the contrary is proved; and it is not sufficient proof of the contrary to show that the container has not been marked in accordance with the requirements of this Act or any subsidiary legislation made under this Act with respect to the prepacking of such articles;
“sale by retail” means a sale to a person buying for the person’s own use or consumption;
“ship” includes any boat and any other description of vessel used in navigation;
“stamp” means a mark referred to in section 7(2)(d)(i) for use as evidence of the passing of any weighing or measuring instrument as fit for use for trade;
“supply”, in relation to a weighing or measuring instrument, includes —
selling the weighing or measuring instrument, whether by wholesale or retail or otherwise;
supplying the weighing or measuring instrument by way of exchange, lease, loan, hire or hire-purchase;
supplying the weighing or measuring instrument, whether with or without charge, by way of sample or otherwise;
offering or exposing the weighing or measuring instrument for sale or supply; and(e)keeping or having the weighing or measuring instrument for the purpose of selling or supplying it to someone else;
“weighing or measuring instrument” means an instrument for measuring in terms of length, area, volume, capacity, weight or number, whether or not the instrument is constructed to give an indication of the measurement made or other information determined by reference to that measurement, and includes any article used as a weighing or measuring instrument.
Except where the context otherwise requires, any reference in this Act to any person, other than a reference to an Authorised Verifier or inspector, is to be construed as a reference to that person or some other person acting on that person’s behalf in the matter in question.
Part 2
Units of measurement
The metre is the unit of measurement of length and the kilogram is the unit of measurement of mass by reference to which any measurement involving a measurement of length or mass is to be made in Singapore.
The First Schedule has effect for defining, for the purposes of measurements falling to be made in Singapore, the units of measurements set out in that Schedule; and for the purposes of any measurement of weight falling to be so made, the weight of anything may be expressed, by reference to the units of measurements set out in Part 5 of that Schedule, in the same terms as its mass.
Standard weights and measures
There is to be maintained by the Agency for Science, Technology and Research established under section 3 of the Agency for Science, Technology and Research Act 1990 or any other person that the Minister may, by notification in the Gazette, specify the standards of the metre and kilogram (called in this Act the Singapore standards) by reference to which all other standards of —
those units; and(b)any other unit of measurement derived wholly or partly from any of those units,are maintained.
The Minister must from time to time as may appear to him or her expedient cause —
the value of each of the Singapore standards to be determined or redetermined; and(b)any authorised copy of any of those standards to be compared with, and its value determined or redetermined by reference to, that standard,in any manner that the Minister may direct.
The reference standards consist of standards of all the measures set out in Parts 1 and 2, and the weights set out in Part 3, of the Second Schedule other than capacity measures of more than 10 litres; and any such standard must be constructed and, while it remains in use, from time to time have its value or values redetermined by reference to one or more of the Singapore standards maintained under subsection (1).
The Minister may by order amend the Second Schedule by adding to or removing from Part 1 or 2 of that Schedule any linear or capacity measure or from Part 3 of that Schedule any weight.
The Controller must provide for use by the inspectors and maintain or from time to time replace the standards of the measures and weights set out in the Second Schedule, and the instruments for testing and the affixing of stamps and Accuracy Labels that the Controller may from time to time approve or require as being proper and sufficient for the efficient discharge of their duties.
Part 3
Meaning of “use for trade”
For the purposes of this Act, “use for trade” means, subject to subsection (2), use in Singapore in connection with, or with a view to, a transaction for —
the transferring or rendering of money or money’s worth in consideration of money or money’s worth; or(b)the making of a payment in respect of any toll or duty,where —
the transaction is by reference to quantity or is a transaction for the purposes of which there is made or implied a statement of the quantity of goods to which the transaction relates; and(d)the use is for the purpose of the determination or statement of that quantity.
Subsection (1) does not apply where —
the determination or statement is a determination or statement of the quantity of goods required for despatch to a destination outside Singapore; and(b)no transfer or rendering of money or money’s worth is involved other than the passing of the title to the goods and the consideration therefor.
Any weighing or measuring instrument which is made available in Singapore for use by the public, whether on payment or otherwise, is to be treated for the purposes of this Part as weighing or measuring instrument in use for trade, whether or not it would apart from this subsection be so treated.
Units of measurements and weights lawful for use for trade
Subject to section 40, a person must not use for trade any unit of measurement of length, area, volume, capacity, mass or weight which is not included in the First Schedule.
A person must not use the carat (metric) for trade except for the purposes of transactions in precious stones or pearls.
Any person who contravenes subsection (1) or (2) shall 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 subsections shall be liable to be forfeited.
The Minister may by regulations prescribe what may be treated for the purposes of use for trade as the equivalent of, or of any multiple or fraction of, any unit of measurement or weight included in the First Schedule in terms of any other such unit.
Subsection (1) does not apply to the prescribing of, or the dispensing of a prescription for, drugs, and nothing in any regulations made under subsection (4) applies to any transaction in drugs; but the Minister for Health may by regulations, which have effect despite anything in, or in any subsidiary legislation made under, any other enactment —
prescribe what may be treated for the purposes of dealings with drugs as the equivalent of, or of any multiple or fraction of, any unit of measurement which is included in the First Schedule in terms of any other such unit;
require that any person carrying out any such dealing with drugs, as is specified in the regulations for the purposes of which the quantity of the drugs is expressed in terms of any such unit which is so specified, must carry out that dealing in terms of the equivalent quantity prescribed under paragraph (a) that is so specified.
The Minister may by order amend the First Schedule by adding to or removing from Parts 1 to 5 of that Schedule any unit of measurement of length, of area, of volume, of capacity, or of mass or weight, as the case may be.
Weighing or measuring instruments for use for trade
This section applies to weighing or measuring instruments of any class or description that may be prescribed.
A person must not —
supply for use for trade; or(b)use for trade, or have in the person’s possession for use for trade,any weighing or measuring instrument to which this section applies unless —
the instrument has been submitted to and passed as being fit for such use by an Authorised Verifier under section 7A or an inspector under section 7B; and(d)except as otherwise expressly provided under this Act or by regulations made under section 10, the instrument has been affixed with —
a stamp; and(ii)an Accuracy Label,indicating that it has been so passed, and both the stamp and Accuracy Label remain undefaced otherwise than by reason of fair wear and tear.
Any person who contravenes subsection (2) shall be guilty of an offence and any weighing or measuring instrument in respect of which the offence was committed shall be liable to be forfeited.
Where —
in accordance with regulations made under section 10, any weighing or measuring instrument is passed as fit for use for trade and affixed with a stamp and an Accuracy Label only after it has been installed at the place where it is used for trade; and(b)the instrument is subsequently dismantled and reinstalled, whether in the same or some other place,the instrument must not be used for trade after being so reinstalled until it has been retested by an Authorised Verifier or inspector.
Any person who —
knowingly uses any weighing or measuring instrument in contravention of subsection (4);
knowingly causes or permits any other person so to use it; or(c)knowing that the instrument is required under subsection (4) to be retested disposes of it to some other person without informing that other person of that requirement,shall be guilty of an offence and the instrument shall be liable to be forfeited.
Inspection and testing by Authorised Verifier
Any person requiring any weighing or measuring instrument to which section 7 applies to be tested for its fitness for use for trade by an Authorised Verifier must submit the instrument to the Authorised Verifier in the manner that the Authorised Verifier may require.
An Authorised Verifier may charge any fee that he or she may determine for the testing of any weighing or measuring instrument submitted to him or her under subsection (1).
On payment of the fee, the Authorised Verifier must inspect the weighing or measuring instrument and —
test the instrument for its fitness for use for trade by means of any method of testing, working standard and testing instrument that may be specified by the Controller; and(b)subject to the provisions of this Act and any regulations made under section 10, if the instrument being tested falls within the prescribed maximum permissible error, pass the instrument as being fit for use for trade and affix the instrument with a stamp and an Accuracy Label.
If any difference arises between an Authorised Verifier and the person who submitted the weighing or measuring instrument being tested with respect to any method of testing, working standard or testing instrument used under subsection (3)(a), that difference may with the consent of that other person, and must at the request of that other person, be referred to the Controller whose decision is final.
Unless the Board otherwise allows, an Authorised Verifier must not pass, or affix a stamp or an Accuracy Label on, any weighing or measuring instrument submitted to him or her under subsection (1) unless a letter of pattern approval in respect of the pattern of that instrument has been issued by the Controller under section 8.
Where any weighing or measuring instrument submitted to an Authorised Verifier under subsection (1) is of a pattern in respect of which a letter of pattern approval granted under section 8 is for the time being in force, or of such a pattern modified only in a manner for the time being authorised by the Controller under that section, the Authorised Verifier must not refuse to pass, or affix a stamp or an Accuracy Label on, the instrument on the ground that it is not suitable for use for trade.
For the purposes of subsection (6), if the Authorised Verifier is of the opinion that the weighing or measuring instrument is intended for use for trade for a particular purpose for which it is not suitable, he or she may refuse to pass it as fit for use for trade, or affix a stamp or an Accuracy Label on it, until the matter has been referred to the Controller whose decision is final.
Where an Authorised Verifier refuses to pass as fit for use for trade any weighing or measuring instrument, the Authorised Verifier must —
immediately give to the person in charge of that instrument written notice of his or her refusal in the form that the Controller may require; and(b)as soon as practicable, send a copy of the notice to the Controller.
Where it is not possible or practicable to give a notice under subsection (8)(a), the Authorised Verifier must attach the notice to the weighing or measuring instrument to which the notice relates.
Every Authorised Verifier must —
keep a record of —
every inspection and test carried out by him or her under subsection (3); and(ii)every instance in which the Authorised Verifier breaks any stamp affixed on any weighing or measuring instrument; and(b)submit to the Controller, in the form, comprising the information and within the time that the Controller may require, together with any fee that may be prescribed —
a report on every inspection and test carried out by him or her under subsection (3); and(ii)a report on every instance in which the Authorised Verifier breaks any stamp affixed on any weighing or measuring instrument.
Any Authorised Verifier who fails to keep any record referred to in subsection (10)(a) shall be guilty of an offence.
Inspection and testing by inspector
Any person requiring any weighing or measuring instrument to which section 7 applies to be tested for its fitness for use for trade by an inspector must submit the instrument to the inspector in the manner that the Controller may direct.
On payment by the person mentioned in subsection (1) of the prescribed fee, the inspector must inspect the weighing or measuring instrument and —
test the instrument by means of any method of testing, working standard and testing instrument that the inspector considers appropriate or, subject to any condition which may be prescribed, by means of any other instrument which has already been tested and which the inspector considers suitable for the purpose; and(b)subject to the provisions of this Act and any regulations made under section 10, if the instrument submitted falls within the prescribed maximum permissible error, pass the instrument as being fit for use for trade and affix the instrument with a stamp and an Accuracy Label.
If any difference arises between an inspector and the person who submitted the weighing or measuring instrument for testing with respect to any method of testing, working standard or testing instrument used under subsection (2)(a), that difference may with the consent of that other person, and must at the request of that other person, be referred to the Controller whose decision is final.
Unless the Board otherwise allows, an inspector must not pass, or affix a stamp or an Accuracy Label on, any weighing or measuring instrument submitted to him or her under subsection (1) unless a letter of pattern approval in respect of the pattern of that instrument has been issued by the Controller under section 8.
Where any weighing or measuring instrument submitted to an inspector under subsection (1) is of a pattern in respect of which a letter of pattern approval granted under section 8 is for the time being in force, or of such a pattern modified only in a manner for the time being authorised by the Controller under that section, the inspector must not refuse to pass, or affix a stamp or an Accuracy Label on, the instrument on the ground that it is not suitable for use for trade.
For the purposes of subsection (5), if the inspector is of the opinion that the weighing or measuring instrument is intended for use for trade for a particular purpose for which it is not suitable, he or she may refuse to pass it as fit for use for trade, or affix a stamp or an Accuracy Label on it, until the matter has been referred to the Controller whose decision is final.
Every inspector must keep a record of every inspection and test carried out by him or her under subsection (2).
Nothing in this section or section 7 requires any inspector to inspect, test or pass any weighing or measuring instrument as fit for use for the purpose of section 7 unless there is no Authorised Verifier able to do so without unreasonable delay.
Approved patterns of instruments for use for trade
Any importer or manufacturer who intends, in the course of any trade or business, to supply in Singapore any weighing or measuring instrument to which section 7 applies must —
submit in the manner that the Controller may require the pattern of that instrument to the Controller for examination, together with any fee that may be prescribed; and(b)obtain from the Controller a letter of pattern approval signifying the suitability of that instrument for use for trade.
Any importer or manufacturer who, in the course of any trade or business, supplies in Singapore any weighing or measuring instrument in respect of which a letter of pattern approval from the Controller has not been obtained shall be guilty of an offence.
Upon receipt of the pattern of a weighing or measuring instrument and any prescribed fee under subsection (1), the Controller must, in the manner that may be prescribed, examine the suitability for use for trade of the pattern of the weighing or measuring instrument, having regard in particular to the principle, materials and methods used or proposed to be used in its construction.
If, upon completion of the examination under subsection (3), the Controller is satisfied that the weighing or measuring instrument examined is suitable for use for trade, then, subject to section 9(2), the Controller —
must issue a letter of pattern approval of that pattern and cause particulars thereof to be published; and(b)may from time to time thereafter authorise any minor modifications thereof that he or she thinks fit and cause particulars of those modifications to be published.
The requirements of subsection (4) as to the publication of the particulars of any pattern or modification do not apply where the letter of pattern approval is issued subject to a condition that is mentioned in subsection (6).
A letter of pattern approval issued under subsection (4) may be granted subject to a condition that, except with the Controller’s consent, the weighing or measuring instrument of the pattern approval in question must be used for trade only for a specified period or a specified purpose.
Any person who, knowing that a condition mentioned in subsection (6) has been imposed with respect to any weighing or measuring instrument —
uses, or causes or permits any other person to use, that instrument in contravention of that condition; or(b)disposes of that instrument to any other person in a state in which it could be used for trade without informing that other person of that condition,shall be guilty of an offence and the instrument shall be liable to be forfeited.
The Controller, after consultation with any person appearing to the Controller to be interested that the Controller thinks fit, may at any time revoke any letter of pattern approval or authorisation granted under this section, and must cause notice of the revocation to be published.
Where the Controller has revoked any letter of pattern approval or authorisation under subsection (8), any person who, knowing that the letter of pattern approval or authorisation has been revoked, and except as may be permitted by any fresh letter of pattern approval or authorisation granted in respect thereof —
uses for trade, or has in the person’s possession for such use, or causes or permits any other person so to use, any weighing or measuring instrument of the pattern or incorporating the modification in question; or(b)disposes of any such instrument to any other person in a state in which it could be so used without informing that other person of the revocation,shall be guilty of an offence and the instrument shall be liable to be forfeited.
Any weighing or measuring instrument of a pattern in respect of which a letter of pattern approval has been granted under this section may, and in the cases that may be prescribed, must, be marked in the manner that may be prescribed so as to identify it with the pattern in question.
General specifications of instruments for use for trade
The Minister may by regulations prescribe general specifications for the construction of weighing or measuring instruments to which section 7 applies.
Subject to subsection (4), where any general specification is for the time being prescribed under subsection (1), a letter of pattern approval must not be issued under section 8 in respect of the pattern of any weighing or measuring instrument unless the pattern complies with the prescribed general specifications.
Where any specification prescribed by regulations made under this section is varied or revoked by further regulations made under this section, then if any person uses for trade, or has in the person’s possession for such use, or causes or permits any other person so to use, any instrument which conformed with that specification but which to the person’s knowledge no longer conforms to any specification so prescribed, or disposes of any such instrument to any other person in a state in which it could be so used without informing that other person that it no longer so conforms, the person shall be guilty of an offence and the instrument shall be liable to be forfeited.
Where, in the case of any particular instrument, the Controller is of the opinion that there are special circumstances which make it impracticable or unnecessary for that instrument to comply with any particular requirement of any specification prescribed under this section, the Controller may exempt that instrument from that requirement subject to compliance with the conditions (if any) that he or she thinks fit; and if any person knowingly contravenes any condition imposed with respect to any instrument by virtue of this subsection, the person shall be guilty of an offence and the instrument shall be liable to be forfeited.
Regulations relating to weighing or measuring instruments for trade
The Minister may make regulations with respect to —
the materials and principles of construction of weighing or measuring instruments for use for trade;
the inspection, testing and passing as fit for use for trade of weighing or measuring instruments, and stamps and Accuracy Labels and the affixing thereof, including —
the circumstances in which the affixing of stamps and Accuracy Labels on weighing or measuring instruments are prohibited or are not necessary;
prohibiting the affixing of stamps or Accuracy Labels or both on prescribed instruments and requiring them to be affixed elsewhere;
the period for which stamps and Accuracy Labels are to remain in force;
the circumstances in which an inspector may remove or detain any weighing or measuring instrument for inspection or testing; and(v)the marking of any weighing or measuring instrument found unfit for use for trade;
the circumstances in which, conditions under which and manner in which stamps may be obliterated or defaced and Accuracy Labels cancelled;
the retesting of weighing or measuring instruments passed as fit for use for trade;
the purposes for which particular types of weighing or measuring instruments may be used for trade;
the manner of erection or use of weighing or measuring instruments used for trade;
the abbreviations of or symbols for units of measurement which may be used for trade; and(h)the manner in which the tare weight of road vehicles, or of road vehicles of any particular class or description, is to be determined.
The regulations made under subsection (1) may provide that any contravention of the regulations is an offence punishable with a fine not exceeding $2,000, and that any weighing or measuring instrument in respect of which the contravention was committed shall be liable to be forfeited.
Where in the special circumstances of any particular case it appears to be impracticable or unnecessary that any requirement of any regulations made under this section should be complied with, the Minister may if he or she thinks fit dispense with the observance of that requirement subject to compliance with the conditions (if any) that he or she thinks fit to impose, and if any person knowingly contravenes any condition imposed with respect to any instrument by virtue of this subsection the person shall be guilty of an offence and the instrument shall be liable to be forfeited.
Offences in connection with affixing of stamps and Accuracy Labels on instruments
Any person who, in the case of any weighing or measuring instrument used or intended to be used for trade —
not being an Authorised Verifier or an inspector or a person acting under the instructions of an Authorised Verifier or inspector —
inspects, tests or passes as fit for use for trade the instrument for the purposes of this Act;
affixes any stamp or Accuracy Label on the instrument; or(iii)marks in any manner any plug or seal used or designed for use for the reception of a stamp;
forges, counterfeits or, except as permitted under this Act, in any way alters or defaces any stamp or Accuracy Label;
removes any stamp or Accuracy Label and inserts it onto any other such instrument; or(d)makes any alteration in the instrument after it has been affixed with a stamp or an Accuracy Label such as to make it false or unjust,shall be guilty of an offence.
Subsection (1)(a)(iii) and (b) does not apply to the destruction or obliteration of any stamp, plug, seal or Accuracy Label in the course of the adjustment or repair of any weighing or measuring instrument by, or by the duly authorised agent of, a person who is a manufacturer of, or regularly engaged in the business of repairing, such instrument.
Any person who uses for trade or supplies any weighing or measuring instrument which to the person’s knowledge —
bears a stamp or an Accuracy Label which is a forgery or counterfeit, or which has been transferred from another instrument, or which has been altered or defaced otherwise than as permitted under this Act; or(b)is false or unjust as the result of an alteration made in the instrument after it has been affixed with a stamp or an Accuracy Label,shall be guilty of an offence.
Any weighing or measuring instrument in respect of which an offence under this section is committed, and any stamp or instrument for the affixing of stamps and Accuracy Labels used in the commission of the offence, shall be liable to be forfeited.
Power to ban use of weighing or measuring instrument
The Minister may by order prohibit the use of any weighing or measuring instrument for any purposes that he or she may specify, even though the weighing or measuring instrument has been inspected, tested and passed as fit for use for trade under this Part, if the Minister is satisfied that the use of such weighing or measuring instrument should be discontinued for any purposes that may be specified in the order.
If any person uses for trade, or has in the person’s possession for trade, any weighing or measuring instrument to which an order made under subsection (1) applies, the person shall be guilty of an offence and the instrument shall be liable to be forfeited.
[Repealed by Act 30 of 2005]
Other offences in connection with instruments
If any person uses for trade, or has in the person’s possession for use for trade, any weighing or measuring instrument which is false or unjust, the person shall be guilty of an offence and the instrument shall be liable to be forfeited.
Without affecting the liability of any weighing or measuring instrument to be forfeited, it is a defence for any person charged with an offence under subsection (1) to show —
in respect of the use for trade of the weighing or measuring instrument, that —
the person used the instrument only in the course of his or her employment by some other person; and(ii)the person neither knew, nor had any reason to suspect, that the instrument was false or unjust; or(b)in respect of the use for trade or the possession for use for trade of the weighing or measuring instrument, that —
the use or possession of the instrument took place during a period of 12 months immediately following the month in which an Accuracy Label for the instrument was issued; and(ii)the person neither knew, nor had any reason to suspect, that the instrument was false or unjust.
If any fraud is committed in the using of any weighing or measuring instrument for trade, the person committing the fraud and any other person who is a party to the fraud shall be guilty of an offence and the instrument shall be liable to be forfeited.
Evidence of possession of instruments for use for trade
Where any weighing or measuring instrument is found in the possession of any person carrying on trade or on any premises which are used for trade, that person or (as the case may be) the occupier of those premises is deemed for the purposes of this Act, unless the contrary is proved, to have that instrument in his, her or its possession for use for trade.
Part 4
Transactions in particular goods
The Minister may by order make provision with respect to any goods specified in the order for all or any of the following purposes, that is to say, to ensure that, except in the cases or in the circumstances that may be so specified, the goods in question:
are sold only by quantity expressed in the manner that may be so specified;
are prepacked, or are otherwise made up in or on a container for sale or for delivery after sale, only if the container is marked with the information as to the quantity of the goods that may be so specified;
are sold, or are prepacked, or are otherwise made up in or on a container for sale or for delivery after sale, or are made for sale, only in the quantities that may be so specified;
are not sold without the quantity sold expressed as aforesaid being made known to the buyer at or before the time that may be so specified;
are sold by means of, or are offered or exposed for sale in, a vending machine only if there is displayed on or in the machine —
the information as to the quantity of the goods in question comprised in each item for sale by means of that machine that may be so specified; and(ii)a statement of the name and address of the seller;
are carried for reward only pursuant to an agreement made by reference to the quantity of the goods in question expressed as aforesaid;
in the circumstances that may be so specified, have associated therewith in the manner that may be so specified a document containing a statement of the quantity of the goods in question expressed in the manner and a statement of the other particulars (if any) that may be specified;
when carried on a road vehicle along a road are accompanied by a document containing the particulars determined in the manner that may be so specified as to the weight of the vehicle and its load apart from the goods in question;
are not to be sold or prepacked for sale by any weight or measure which is not a unit of the metric system; or(j)are not to be sold, advertised or displayed for sale at a price other than a price expressed by reference to a prescribed metric quantity.
An order under subsection (1) may —
provide for any of the purposes mentioned in subsection (1) in any manner, whether by means of amending, or of applying with or without modifications, or of excluding the application in whole or in part of, any provision of this Act or of any previous order made under subsection (1) or otherwise;
make (if any) different provisions for retail and other sales respectively and for the provisions to be in force in any places or districts in Singapore that are so specified; and(c)contain any consequential, incidental or supplementary provision, whether by the means as aforesaid or otherwise,that may appear to the Minister to be expedient, and may in particular provide in respect of contraventions of the order for which no penalty is provided by this Act for the imposition of penalties not exceeding those provided by section 35 for an offence under this Act.
The Minister may make regulations —
as to the manner in which any container required by any order made under subsection (1) to be marked with information as to the quantity of the goods made up in the container is to be so marked;
as to the manner in which any information required by any such provision as aforesaid to be displayed on or in a vending machine is to be so displayed;
as to the conditions which must be satisfied in marking with information as to the quantity of goods made up therein the container in or on which any goods are made up for sale (whether by way of prepacking or otherwise) where those goods are goods on a sale of which (whether any sale or a sale of any particular description) the quantity of the goods sold is required by any such provision as aforesaid to be made known to the buyer at or before a particular time;
as to the units of measurement to be used in marking any such container or machine as aforesaid with any information as to quantity;
for securing, in the case of prepacked goods, that the container is so marked as to enable the packer to be identified;
as to the method by which and conditions under which quantity is to be determined in connection with any information with respect to quantity required by this section; and(g)permitting in the case of the goods and in the circumstances that may be specified in the regulations the weight of any articles used in making up the goods for sale that may be so specified to be included in the net weight of the goods for the purpose of this Act,and any person who contravenes any regulations made under this subsection otherwise than by virtue of paragraph (f) or (g) shall be guilty of an offence.
The Minister may by order grant and from time to time vary or revoke, with respect to goods or sales of any descriptions that may be specified in the order or exemption, either generally or in the circumstances that may be so specified, from all or any requirements imposed by this section; and, until otherwise provided by such an order, the following are exempted from all such requirements:
goods made up in or on a container for sale only for use by the Singapore Armed Forces or by a visiting force within the meaning of any of the provisions of Part 2 of the Visiting Forces Act 1960 and not sold or offered, exposed or in any person’s possession for sale for any other use;
any sale of goods in the case of which the buyer gives written notice to the seller before the sale is completed that the goods are being bought —
for despatch to a destination outside Singapore; or(ii)for use as stores within the meaning of the Customs Act 1960 in a ship or aircraft on a voyage or flight to an eventual destination outside Singapore;
any goods sold for, or offered, exposed or in any person’s possession for sale only for, use or consumption at the premises of the seller;
any assortment of articles of food prepacked together for consumption together as a meal and ready for such consumption without being cooked, heated or otherwise prepared.
Offences in transactions in particular goods
Subject to the provisions of this Part, in the case of any goods which, when not prepacked, are required by this Act to be sold only by quantity expressed in a particular manner or only in a particular quantity, any person who —
whether on the person’s own behalf or on behalf of another person, offers or exposes for sale, sells or agrees to sell; or(b)causes or suffers any other person to offer or expose for sale, sell or agree to sell on the firstmentioned person’s behalf,those goods otherwise than by quantity expressed in that manner or (as the case may be) otherwise than in that quantity, shall be guilty of an offence.
Subject to the provisions of this Part, in the case of any goods required by this Act to be prepacked, or to be otherwise made up in or on a container for sale or for delivery after sale, or to be made for sale, only in particular quantities, or to be prepacked, or to be otherwise made up as aforesaid, only if the container is marked with particular information, any person who —
whether on the person’s own behalf or on behalf of another person, has in the person’s possession for sale, sells or agrees to sell;
except in the course of carriage of the goods for reward, has in the person’s possession for delivery after sale; or(c)causes or suffers any other person to have in that other person’s possession for sale or for delivery after sale, sell or agree to sell on behalf of the firstmentioned person,any such goods prepacked, otherwise made up as aforesaid or made otherwise than in that quantity or otherwise than in or on a container so marked (as the case may be), whether the sale is, or is to be, by retail or otherwise, shall be guilty of an offence.
Subject to the provisions of this Part, in the case of any sale where the quantity of the goods sold expressed in a particular manner is required by this Act to be made known to the buyer at or before a particular time and that quantity is not so made known, the person by whom, and any other person on whose behalf, the goods were sold shall be guilty of an offence.
Subject to the provisions of this Part, where any goods required by this Act to be sold by means of, or to be offered or exposed for sale in, a vending machine only if certain requirements are complied with are so sold, offered or exposed without those requirements being complied with, the seller or person causing the goods to be so offered or exposed shall be guilty of an offence.
Sale of goods in metric units
Subject to the provisions of this Part, any person who —
in relation to any matter, work, goods or other thing, makes or enters into any contract, or engages in any dealing or transaction, by reference to any weight or measure other than a weight or measure of the metric system;
uses for trade any weight or measure other than a weight or measure of the metric system;
uses for trade any weighing or measuring instrument other than a weighing or measuring instrument which weighs or measures only by reference to weights or measures other than weights or measures of the metric system; or(d)in the course of or for the purposes of any trade or business, uses, whether on any package, or in any price list or advertisement or otherwise, any unit of a weight or measure other than a weight or measure of the metric system, in advertising, displaying, or exposing goods for sale,shall be guilty of an offence.
Nothing in subsection (1)(d) applies to the use by any person of any unit of a weight or measure which is not a unit of a weight or measure of the metric system on any goods displayed or exposed for sale by retail or on the package of any such goods or on both if —
that unit is additional to a unit of a weight or measure of the metric system; and(b)that unit, the figures in which that unit and the numerical value of that unit are marked no larger than those of that metric weight or measure.
Short weight, etc.
Subject to the provisions of this Part, any person who, in selling or purporting to sell any goods by weight or other measurement or by number, delivers or causes to be delivered to the buyer a lesser quantity than that purported to be sold or than corresponds with the price charged, shall be guilty of an offence.
Subject to the provisions of this Part, any person who —
on or in connection with the sale or purchase of any goods;
in exposing or offering any goods for sale;
in purporting to make known to the buyer of any goods the quantity of any goods sold; or(d)in offering to purchase any goods,makes any misrepresentation either by word of mouth or otherwise as to the quantity of the goods, or does any other act calculated to mislead a person buying or selling the goods as to the quantity of the goods, shall be guilty of an offence.
Any person who sells or offers or exposes for sale, or has in the person’s possession for sale, by weight, measure or number, any goods enclosed in a package that states the quantity of the goods or that has a label attached to it stating the quantity of the goods shall be guilty of an offence if the weight, measure or number of the goods in the package is less than that stated on the package or label.
For the purposes of subsection (3), the weight, measure or number of the goods (other than catch weight goods) in a package is deemed to be the same as that stated on the package or label on the package if —
the package meets the conditions prescribed by regulations made under section 37; or(b)the package is one package in a lot of packages that meets the conditions prescribed by regulations made under section 37.
It is a defence for any person charged with an offence under this section in respect of a package from a lot of packages containing desiccating goods to prove that —
at any time on the day the package was made up or during a period of 7 days beginning on the day after the day the package was made up —
the weighed average quantity of any sample taken from the lot of packages, as determined in accordance with regulations made under section 37, was equal to or exceeded the quantity stated on the package or a label attached to it;
the number of non-standard packages in any sample taken from the lot of packages was equal to or less than the appropriate number specified for the purpose in regulations made under section 37; and(iii)there were no inadequate packages in any sample taken from the lot of packages; or(b)at any time, after the close of the period specified in paragraph (a), a sample taken from the lot of packages contained no inadequate packages.
For the purposes of this section, any statement, whether oral or in writing, as to the weight of any goods is deemed, unless otherwise expressed, to be a statement as to the net weight of the goods.
Nothing in this section applies —
in relation to any goods or sales that are mentioned in section 16(4)(a) or (b); and(b)in relation to the sales of goods with a view to their industrial or constructional use, except —
where the sale in question is or would be one which is required by this Act to be made only by quantity expressed in a particular manner or in the case of which the quantity of the goods sold is required by any provision of this Act to be made known to the buyer at or before a particular time;
where the goods are prepacked or otherwise made up in or on a container for sale or for delivery after sale and are goods such as are required by this Act to be prepacked, or to be otherwise so made up, (as the case may be) only if the container is marked with an indication of quantity or only in particular quantities; or(iii)where the goods are goods such as are required by this Act to be made for sale only in particular quantities.
Pleading of warranty as defence
Subject to this section, in any proceedings for an offence under this Part or any subsidiary legislation made under this Part, being an offence relating to the quantity or prepacking of any goods, it is a defence for the person charged to prove —
that the person bought the goods from some other person —
as being of the quantity which the person charged purported to sell or represented, or which was marked on any container or stated in any document to which the proceedings relate; or(ii)as conforming with the statement marked on any container to which the proceedings relate, or with the requirements of this Act and any subsidiary legislation made under this Act with respect to the prepacking of goods,as the case may require;
that the person so bought the goods with a written warranty from that other person that they were of that quantity or (as the case may be) did so conform;
that at the time of the commission of the offence the person had no reason to believe the statement contained in the warranty to be inaccurate, that the person did in fact believe in its accuracy and, if the warranty was given by a person who at the time of giving the warranty was resident outside Singapore, that the person charged had taken reasonable steps to check the accuracy of that statement; and(d)in the case of proceedings relating to the quantity of any goods, that the person took all reasonable steps to ensure that, while in the person’s possession the quantity of the goods remained unchanged and, in the case of such or any other proceedings, that apart from any change in their quantity the goods were at the time of the commission of the offence in the same state as when the person bought them.
A warranty is a defence in such proceedings only if, not later than 7 days before the date of the hearing, the person charged has sent to the prosecutor a copy of the warranty with a notice stating that the person charged intends to rely on it and specifying the name and address of the person from whom the warranty was received, and has also sent a like notice to that person.
Where the person charged is a servant of a person who, if the second‑mentioned person had been charged, would have been entitled to plead a warranty as a defence under this section, subsection (1) has effect as if any reference (however expressed) in paragraphs (a) to (d) of that subsection to the person charged, other than the first such reference in paragraph (c) of that subsection, were a reference to the employer of the person charged.
The person by whom the warranty is alleged to have been given is entitled to appear at the hearing and to give evidence.
If the person charged in any such proceedings wilfully attributes to any goods a warranty given in relation to any other goods, the person shall be guilty of an offence.
A person who, in respect of any goods sold by the person in respect of which a warranty might be pleaded under this section, gives to the buyer a false warranty in writing shall be guilty of an offence unless the person proves that when the person gave the warranty the person took all reasonable steps to ensure that the statements contained in the warranty were, and would continue at all relevant times to be, accurate.
For the purposes of this section, any statement with respect to any goods which is contained in any document required by this Act to be associated with the goods or in any invoice, and, in the case of goods made up in or on a container for sale or for delivery after sale, any statement with respect to those goods with which that container is marked, is deemed to be a written warranty of the accuracy of that statement.
Additional defences and safeguards for traders
In any proceedings for an offence in respect of any goods under this Part or any subsidiary legislation made under this Part, it is a defence for the person charged to prove —
that the commission of the offence was due to a mistake, or to an accident or some other cause beyond the person’s control; and(b)that the person took all reasonable precautions and exercised all due diligence to avoid the commission of the offence in respect of those goods by the person or any person under the person’s control.
In any proceedings for an offence under this Part or any subsidiary legislation made under this Part by reason of the quantity —
of any goods made up for sale or for delivery after sale (whether by way of prepacking or otherwise) or in or on a container marked with an indication of quantity;
of any goods which, in connection with a sale or agreement for the sale of the goods, have associated therewith a document purporting to state the quantity of the goods; or(c)of any goods required by this Act to be prepacked, or to be otherwise made up in or on a container for sale or for delivery after sale, or to be made for sale, only in particular quantities,being less than that marked on the container or stated in the document in question or than the relevant particular quantity (as the case may be), it is a defence for the person charged to prove that the deficiency arose —
in a case falling within paragraph (a), after the making up of the goods and the marking of the container;
in a case falling within paragraph (b), after the preparation of the goods for delivery pursuant to the sale or agreement and after the completion of the document; and(f)in the case falling within paragraph (c), after the making up or making (as the case may be) of the goods for sale,and was attributable wholly to factors for which reasonable allowance was made in stating the quantity of the goods in the marking or document or in making up or making the goods for sale, as the case may be.
In the case of a sale by retail of food, not being food prepacked in a container which is, or is required by this Act to be, marked with an indication of quantity, in any proceedings for an offence under this Part or any subsidiary legislation made under this Part by reason of the quantity delivered to the buyer being less than that purported to be sold, it is a defence for the person charged to prove that the deficiency was due wholly to unavoidable evaporation or drainage since the sale and that due care and precaution were taken to minimise any such evaporation or drainage.
Without affecting any defence under subsection (2) or (3), in any proceedings for such an offence in respect of any goods as is mentioned in subsection (2) it is not a defence under subsection (1)(a) for the person charged to prove that the commission of the offence was due to some cause beyond the person’s control if that cause was one which should reasonably have been foreseen and for which allowance could reasonably have been made in stating the quantity of the goods or in making up or making the goods, as the case may be.
If in any proceedings for an offence under this Part or any subsidiary legislation made under this Part, being an offence in respect of any deficiency in the quantity of any goods sold, it is shown that between the sale and the discovery of the deficiency the goods were with the consent of the buyer subjected to treatment which could result in a reduction in the quantity of those goods for delivery to, or to any person nominated in that behalf by, the buyer, the person charged must not be found guilty of that offence unless it is shown that the deficiency cannot be accounted for by the subjecting of the goods to that treatment.
In any proceedings for an offence under this Part or any subsidiary legislation made under this Part, being an offence in respect of any excess in the quantity of any goods, it is a defence for the person charged to prove that the excess was attributable to the taking of measures reasonably necessary in order to avoid the commission of an offence in respect of a deficiency in those or other goods.
If proceedings for an offence under this Part or any subsidiary legislation made under this Part in respect of any deficiency or excess in the quantity —
of any goods made up for sale (whether by way of prepacking or otherwise) in or on a container marked with an indication of quantity;
of any goods which have been prepacked or otherwise made up in or on a container for sale or for delivery after sale, or which have been made for sale, and which are required by this Act to be prepacked, or to be otherwise so made up, or to be so made, (as the case may be) only in particular quantities,are brought with respect to any article, and it is proved that, at the time and place at which that article was tested, other articles of the same kind, being articles which, or articles containing goods which, had been sold by the person charged or were in that person’s possession for sale or for delivery after sale, were available for testing, the person charged must not be convicted of such an offence with respect to that article unless a reasonable number of those other articles was also tested; and in any proceedings for such an offence the court —
if the proceedings are with respect to one or more of a number of articles tested on the same occasion, is to have regard to the average quantity in all the articles tested;
if the proceedings are with respect to a single article, is to disregard any inconsiderable deficiency or excess; and(e)is to have regard generally to all the circumstances of the case.
Offence relating to document containing particular statements
If, in the case of any goods required by this Act to have associated therewith a document containing particular statements, that document is found to contain any such statement which is materially incorrect, any person who, knowing or having reasonable cause to suspect that statement to be materially incorrect, inserted it or caused it to be inserted in the document, or used the document for the purposes of this Act or any subsidiary legislation made under this Act while that statement was contained in the document, shall be guilty of an offence.
Offences due to default of third person
A person against whom proceedings are brought for an offence under this Part or any subsidiary legislation made under this Part is, upon information duly laid by the person and on giving to the prosecutor not less than 7 clear days’ notice of the person’s intention to avail himself, herself or itself of this subsection entitled to have brought before the court in those proceedings any other person to whose act or default the person alleges that the commission of the offence was due; and if, after the offence has been proved, the original defendant proves that the commission of the offence was due to an act or default of that other person —
that other person may be convicted of the offence; and(b)if the original defendant further proves that the original defendant exercised all due diligence to avoid the commission of the offence by the original defendant or any person under the original defendant’s control, the original defendant must be acquitted of the offence.
Where a defendant seeks to avail himself, herself or itself of subsection (1) —
the prosecutor, as well as the person whom the defendant charges with the offence, has the right to cross‑examine the defendant, if the defendant gives evidence, and any witness called by the defendant in support of the defendant’s pleas, and to call rebutting evidence; and(b)the court may make any order that it thinks fit for the payment of costs by any party to the proceedings to any other party to the proceedings.
Where it appears to any authority by or on behalf of whom proceedings of such an offence may be instituted that such an offence has been committed by some person (A), and that authority is reasonably satisfied that the offence was due to an act or default of some other person (B) and that A could establish a defence under subsection (1), that authority may take or authorise the taking of proceedings against B without first taking or authorising the taking of proceedings against A; and in any such proceedings B may be charged with, and, on proof that the commission of the offence was due to B’s act or default, be convicted of, the offence with which A might have been charged.
Where by virtue of subsection (3) a person is charged with an offence with which some other person might have been charged, the reference in section 21(7) to articles or goods sold by or in the possession of the person charged is to be construed as a reference to articles or goods sold by or in the possession of that other person.
Offences originating in countries outside Singapore
Where proceedings are brought against any person for an offence under this Part or any subsidiary legislation made under this Part and it is proved —
that the commission of the offence was due to an act or default of some other person which took place outside Singapore; and(b)that the person charged took all reasonable precautions and exercised all due diligence to avoid the commission of the offence by the person charged or any person under the control of the person charged,then, subject to subsection (2), the person charged must be acquitted of the offence.
The person charged (A) is not entitled to be acquitted under this section unless within 7 days from the date of the service of the summons on A, A has given written notice to the prosecutor of A’s intention to rely on this section, specifying the name and address of the person (B) to whose act or default A alleges that the commission of the offence was due, and has sent a like notice to B; and B is entitled to appear at the hearing and to give evidence.
Special powers of inspector with respect to certain goods
Subject to subsection (3), where any person —
makes in any manner any representation as to the quantity of any goods offered or exposed for sale by the person;
has in the person’s possession or charge awaiting or in the course of delivery to the buyer any goods which have been sold or agreed to be sold, and the sale is, or purports to be, or is required by this Act to be, by quantity expressed in a particular manner, or is such that the quantity of the goods sold is required by any provision of this Act to be made known to the buyer at or before a particular time; or(c)has in the person’s possession or charge for sale, or awaiting or in the course of delivery to a buyer after they have been sold or agreed to be sold, any goods prepacked or otherwise made up in or on a container for sale or for delivery after sale which are required by this Act to be prepacked, or to be otherwise so made up (as the case may be), only in particular quantities or only if the container is marked with particular information, or any goods prepacked in or on a container marked with an indication of quantity, or any goods required by this Act to be made for sale only in particular quantities,the powers of an inspector under section 30 include power to require that person either to do in the inspector’s presence, or to permit the inspector to do, all or any of the following things:
weigh or otherwise measure or count the goods;
weigh any container in or on which the goods are made up;
if necessary for the purposes of either paragraph (d) or (e), break open any such container or open any vending machine in which the goods are offered or exposed for sale,and, in the case of any of the goods which are not already sold, power to require that person to sell any of them to the inspector.
Where the container or package of any prepacked goods is broken open under subsection (1), the inspector is not under any obligation to re‑seal the container or package or pay for the goods, whether on behalf of the Controller or otherwise.
Nothing in subsection (1)(a), (b) or (c) applies in relation to the sale of goods with a view to their industrial or constructional use except in such a case as is specified in section 19(8)(b)(i), (ii) or (iii).
Powers of inspector with respect to certain documents
An inspector, subject to the production if so requested of his or her authority in writing, may require the person in charge of any document required by this Act to be associated with any goods to produce that document for inspection.
If the inspector has reasonable cause to believe that any document produced to him or her under subsection (1) contains any inaccurate statement, the inspector may either —
seize and detain the document, giving in exchange for the document a copy of the document with an endorsement signed by him or her certifying that the original has been seized and giving particulars of any inaccuracy alleged; or(b)without prejudice to any proceedings which may be taken by reason of any inaccuracy alleged, make on the document an endorsement signed by him or her giving particulars of any such inaccuracy,and, save where the context otherwise requires, any reference in this Act to any such document is deemed to include a reference to a copy of such document given pursuant to paragraph (a).
Where, in the case of any goods being carried on a road vehicle, the whole of the vehicle’s load is being carried for, or for delivery after sale to the same person, and any document produced pursuant to subsection (1) by the person in charge of the vehicle purports, or is required by this Act, to state the quantity of the goods, then, for the purpose of the exercise of his or her powers under section 24(1), the inspector may do all or any of the following things:
require the goods to which the document relates to be unloaded from the vehicle;
require the vehicle to be taken to the nearest suitable and available weighing or measuring instrument;
require the person in charge of the vehicle to have it check‑weighed:Provided that the powers conferred by this subsection are to be exercised only to the extent that appears to the inspector reasonably necessary in order to secure that the provisions of this Act and any subsidiary legislation made under this Act are duly observed.
Check-weighing of certain road vehicles
Where any road vehicle is loaded with goods for sale by weight to a single buyer of the whole of the vehicle’s load, or for delivery to the buyer after they have been so sold, the buyer or seller of the goods, or any inspector who shows that he or she is authorised to do so by the buyer or seller of the goods, may require the person in charge of the vehicle to have it check‑weighed, and if that person without reasonable cause fails to comply with any such requirement that person shall be guilty of an offence.
Power to make test purchases
An inspector has power to make any purchases of goods that may appear to him or her to be expedient for the purpose of determining whether or not the provisions of this Act and any subsidiary legislation made under this Act are being complied with.
Selling by quantity, making quantity known, and weighing in presence
Where any goods are required by this Act to be sold by quantity expressed in a particular manner —
it is sufficient compliance with that requirement in the case of any sale of, or agreement to sell, any such goods if the quantity of the goods expressed in the manner in question is made known to the buyer before the purchase price is agreed;
no person shall be guilty of an offence under section 17(1) by reason of the exposing or offering for sale of such goods at any time if both the quantity of the goods expressed in the manner in question and the price at which they are exposed or offered for sale are made known at that time to any prospective buyer.
For the purposes of this Act and any subsidiary legislation made under this Act, without prejudice to any other method of making known to a person the quantity of any goods expressed in a particular manner, that quantity is deemed to be made known to that person —
if the goods are weighed or otherwise measured or counted, as the case may require, in the presence of that person;
if the goods are made up in or on a container marked with a statement in writing of the quantity of the goods expressed in the manner in question and the container is readily available for inspection by that person; or(c)upon such a statement in writing being delivered to that person.
Where the Minister by order provides that this subsection is to apply, in the case of the goods in the circumstances that are specified in the order, to any requirement so specified under this Act or any subsidiary legislation made under this Act with respect to the making known to the buyer of the quantity by weight of such goods sold by retail, then, in any case to which the order applies, that requirement is deemed to be satisfied if the goods are bought at premises at which any weighing instrument of such description as may be prescribed —
is kept available by the occupier of those premises for use without charge by any prospective buyer of such goods for the purpose of weighing for himself, herself or itself any such goods offered or exposed for sale by retail on those premises;
is so kept available in a position on those premises which is suitable and convenient for such use of the instrument; and(c)is reserved for use for that purpose at all times while those premises are open for retail transactions,and a notice of the availability of the instrument for such use is displayed in a position on the premises where it may be readily seen by any such prospective buyer.
For the purposes of this Act and any subsidiary legislation made under this Act, a person is not to be deemed to weigh or otherwise measure or count any goods in the presence of any other person unless the firstmentioned person causes any instrument used for the purpose to be so placed, and so conducts the operation of weighing or otherwise measuring or counting the goods, as to permit that other person a clear and unobstructed view of the instrument (if any) and of the operation, and of any indication of quantity given by any such instrument as the result of that operation.
Selling by retail by weight, measure or number
Any person who offers or exposes for sale by retail by weight, measure or number goods which are not prepackaged when so offered or exposed for sale must weigh, measure or count the goods —
at the time of sale;
in the presence of the buyer; and(c)in the case of goods sold by weight or measure, by means of a suitable weighing or measuring instrument.
Any person who offers or exposes for sale by retail by weight, measure or number goods which are prepackaged and weighed, measured or counted before they are so offered or exposed for sale at the premises or place where they are so offered or exposed for sale must, at the buyer’s request, weigh, measure or count the goods —
in the presence of the buyer; and(b)in the case of goods sold by weight or measure, by means of a suitable weighing or measuring instrument.
Every weighing or measuring instrument used to weigh or measure goods for the purposes of this section and any necessary weights or measures must be so situated that the weighing or measuring of the goods and the recorded or indicated weight or measurement of the goods can be easily seen by the buyer.
Any person who contravenes this section shall be guilty of an offence.
Part 5
Administration of Act
The Board is responsible for the administration of this Act subject to the general and special directions of the Minister.
The Board may appoint a Controller of Weights and Measures and any other number of inspectors of weights and measures and other officers that it thinks necessary (under whatever title the Board may from time to time determine) for the purposes of this Act, who must discharge their functions and duties, and exercise their powers, subject to the direction and control of the Board.
All officers appointed under this Act are deemed to be public servants for the purposes of the Penal Code 1871.
Appointment of Authorised Verifiers
The Board may appoint any person to be an Authorised Verifier for the purposes of this Act and any subsidiary legislation made under this Act.
Any person who desires to be appointed as an Authorised Verifier must make an application for appointment to the Board in accordance with regulations made under this Act.
A person must not —
engage in any work of an Authorised Verifier specified in this Act or any subsidiary legislation made under this Act; or(b)advertise or hold himself or herself out or conduct himself or herself in any way or by any means as a person who is authorised to act as an Authorised Verifier for any purpose under this Act or any subsidiary legislation made under this Act,unless he or she has been appointed by the Board under subsection (1) as an Authorised Verifier.
An Authorised Verifier must not, for the purposes of section 7A(3)(a), use any working standard or testing instrument which he or she knows or has reason to suspect is false or unjust.
Any person who contravenes subsection (3) or (4) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 2 years or to both.
Without limiting section 30, for the purposes of ensuring compliance by an Authorised Verifier with this Act or any subsidiary legislation made under this Act, an inspector may —
require the Authorised Verifier to produce within the period that the inspector may specify —
any working standard or testing instrument used by that Authorised Verifier for the purposes of section 7A(3)(a), and may examine and test such standard and instrument; and(ii)any document in the possession or under the control of that Authorised Verifier, and may take copies of or extracts from any such document;
require the Authorised Verifier to furnish, within the period that the inspector may specify, any information or particulars that the inspector may require; and(c)enter and inspect any premises at which the Authorised Verifier carries out any inspection or testing of any weighing or measuring instrument or the affixing of any stamp or Accuracy Label on such instrument.
Any Authorised Verifier who fails to comply with any requirement under subsection (6) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 2 years or to both.
General powers of inspection and entry
Subject to the production if so requested of his or her authority in writing, an inspector or a police officer may at all reasonable times —
inspect and test any weighing or measuring instrument which is, or which he or she has reasonable cause to believe to be, used for trade or in the possession of any person or upon any premises for such use;
inspect any goods to which any of the provisions of this Act or any subsidiary legislation made under this Act for the time being applies or which he or she has reasonable cause to believe to be such goods;
enter any premises at which he or she has reasonable cause to believe there to be any such instrument or goods, not being premises used only as a private dwelling house.
A police officer and an inspector subject to the production if so requested of the inspector’s authority in writing, may at any time seize and detain —
any article which he or she has reasonable cause to believe is liable to be forfeited under this Act; and(b)any document displayed with any goods offered or exposed for sale which relates to the price or quantity of the goods and which the inspector has reason to believe may be required as evidence in proceedings under this Act.
An inspector entering any premises by virtue of this section may take with him or her any other persons and any instrument that may appear to him or her necessary.
If any inspector or other person who enters any workplace by virtue of this section discloses to any person any information obtained by him or her in the workplace with regard to any manufacturing process or trade secret, he or she shall, unless the disclosure was made in the performance of his or her duty, be guilty of an offence.
Powers of arrest, etc.
Any police officer or inspector may arrest without warrant any person committing in his or her view or who he or she has reasonable cause to believe has committed an offence under this Act or any subsidiary legislation made under this Act.
A person arrested under this section may be detained at any police station or at the office of the Controller to be dealt with in accordance with the provisions of the Criminal Procedure Code 2010 and must not be detained longer than is necessary for bringing him or her before a Magistrate’s Court.
An offence under this Act or any subsidiary legislation made under this Act is deemed to be an arrestable offence for the purposes of the Criminal Procedure Code 2010 and an inspector may exercise any of the special powers relating to investigation of arrestable offences conferred upon a police officer by that Code.
Power to require recall of weighing or measuring instrument supplied
Where any person has supplied any weighing or measuring instrument which is, or which the Controller has reason to believe is, in contravention of this Act or any subsidiary legislation made under this Act, the Controller may require the person to effect a recall of any weighing or measuring instrument supplied by the person.
Any person who fails to comply with a requirement of the Controller made under subsection (1) shall be guilty of an offence.
Part 6
Obstruction of inspectors
Any person who —
wilfully obstructs an inspector acting in the execution of this Act or any subsidiary legislation made under this Act;
wilfully fails to comply with any requirement properly made of the person by an inspector under section 24 or 25; or(c)without reasonable cause fails to give any inspector acting as aforesaid any other assistance or information which the inspector may reasonably require of the person for the purposes of the performance by the inspector of his or her functions under this Act or any subsidiary legislation made under this Act,shall be guilty of an offence.
If any person, in giving to an inspector any such information as is mentioned in subsection (1), gives any information which the person knows to be false, the person shall be guilty of an offence.
Composition of offences
The Controller may compound any offence under this Act and any subsidiary legislation made under this Act by accepting from the person reasonably suspected of having committed the offence a sum not exceeding $2,000.
Any sum of money received by way of composition as aforesaid must be paid into the Consolidated Fund.
Jurisdiction
All offences under this Act and any subsidiary legislation made under this Act may be prosecuted and all fines and forfeiture under this Act and the subsidiary legislation may be recovered before a Magistrates’ Court or District Court.
Penalties
Any person guilty of an offence under section 11(1), 11(3), 14(1), 14(3), 19(1), 19(2) or 32(1), shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 3 months or to both.
Any person guilty of an offence under any provision of this Act other than those mentioned in subsection (1) shall be liable on conviction to a fine not exceeding $2,000.
No contract for the sale or carriage for reward of any goods is void by reason only of a contravention of any provision of this Act or of any subsidiary legislation made under this Act, with respect to any document which is, or is required by that provision to be, associated with the goods.
Offences by corporations
Where an offence under, or under any instrument made under, this Act or any enactment falling to be repealed by this Act which has been committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, any director, manager, secretary or other similar officer of the body corporate, or any person who was purporting to act in any such capacity, he or she as well as the body corporate shall be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly.
In subsection (1), “director”, in relation to any body corporate established under any written law, being a body corporate whose affairs are managed by the members of the body corporate, means a member of that body corporate.
Fees, etc., collected by Board
All fees, charges and moneys collected under this Act, other than composition sums, must be paid to the Board.
Exemption
The Board may, subject to the general or special directions of the Minister, and by order in the Gazette, exempt —
any person or class of persons; and(b)any weighing or measuring instrument or class of weighing or measuring instruments,from all or any of the provisions of this Act or any subsidiary legislation made under this Act, subject to any terms and conditions that the Board may impose.
Regulations
The Minister may make regulations generally for carrying out the purposes and provisions of this Act and, in particular, may make regulations —
to provide for the form and manner of the application for appointment as an Authorised Verifier;
to provide for the qualifications and other requirements for Authorised Verifiers;
to provide for the conditions and duration of appointment of Authorised Verifiers;
to provide for the practice and conduct of Authorised Verifiers, including the carrying out of any work of Authorised Verifiers specified in this Act or any subsidiary legislation made under this Act, the use of any means of giving publicity to their practice and the use of titles and qualifications;
to prohibit absolutely or conditionally, or to regulate the manufacture, import or supply of any weighing or measuring instrument, whether in all cases or in any specified case or class of cases and subject to any exceptions that may be made by the regulations;
to require the registration of —
any weighing or measuring instrument; and(ii)any person involved in the manufacture, import or supply of any weighing or measuring instrument,whether in all cases or in any specified case or class of cases and subject to any exceptions that may be made by the regulations;
to provide for the determination of the weighed average quantity of goods for the purposes of section 19, including —
the statistical basis or method by which packages are to be selected for counting, examining, measuring or weighing;
the statistical basis or method by which the minimum number of packages to be selected is to be set;
the circumstances (if any) in which the minimum number of packages to be selected may be varied;
the maximum amount of error allowed in the weight, measure or number of goods in a single selected package; and(v)the maximum amount of error allowed in the weight, measure or number of goods in a group of selected packages examined at one time;
to prescribe fees and charges for any purpose of this Act or any subsidiary legislation made under this Act; and(i)to prescribe anything which is to be or may be prescribed under this Act.
Orders
Any order made by the Minister under this Act must be made by subsidiary legislation and be published in the Gazette and the order may make different provisions for different circumstances.
Application to the Government
The President may, by order in the Gazette, provide for the application to the Government of any of the provisions of this Act or of any subsidiary legislation made under this Act that may be specified in the order, with the exceptions, adaptations and modifications that may be so specified.
Without limiting subsection (1), an order made under this Act may make special provisions for the enforcement of any provisions applied by the order and in particular as to the person liable to be proceeded against for any offence under any such provision.
An order made under this section may be varied or revoked by subsequent orders so made.
Saving
The Minister may by regulations prescribe the transactions in which, despite anything in this Act, it is lawful to use any unit of the local customary weights and measures as may be specified in the Third Schedule and having the values defined therein.
The Minister may by order amend the Third Schedule by removing any unit of measurement of length, of area, of volume, of capacity, or of mass or weight, as the case may be.
Where any weighing or measuring instrument was being used for trade immediately before 1 January 2006 in compliance with this Act in force immediately before that date —
nothing in section 7 prevents the continued use for trade of that weighing or measuring instrument even though it does not have an Accuracy Label affixed to it; and(b)subject to subsection (4), nothing in section 7A or 7B prevents the weighing or measuring instrument from being affixed with a stamp or Accuracy Label even though no letter of pattern approval has been issued in respect of that weighing or measuring instrument.
Subsection (3)(b) does not apply to any weighing or measuring instrument specified by the Board in a notification published in the Gazette.
Transitional provision
Despite the repeal of the Weights and Measures Act (Cap. 263, 1970 Revised Edition), any weighing or measuring equipment tested, passed and stamped under that Act is deemed to have been tested, passed and stamped under a corresponding provision of this Act.
Definitions of units of measurement (metric units)
FIRST SCHEDULESections 3(2) and 6Definitions of units of measurement (metric units)Part 1Measurement of LengthKilometre=1000 metresMetre=The metre as defined under the Convention of the Metre 1875Decimetre=1/10 metreCentimetre=1/100 metreMillimetre= 1/1000 metre.Part 2Measurement of AreaHectare=100 aresDekare=10 aresAre=100 square metresSquare metre=A superficial area equal to that of a square each side of which measures one metreSquare decimeter=1/100 square metreSquare centimeter=1/100 square decimeterSquare millimeter=1/100 square centimetre.Part 3Measurement of VolumeCubic metre=A volume equal to that of a cube each edge of which measures one metreCubic decimeter=1/1000 cubic metreCubic centimeter=1/1000 cubic decimeterPart 4Measurement of CapacityHectolitre=100 litresLitre=1/1000 cubic metreDecilitre=1/10 litreCentilitre=1/100 litreMillilitre=1/1000 litre.Part 5Measurement of Mass or WeightMetric ton=1000 kilogramsQuintal=100 kilogramsKilogram=The kilogram as defined under the Convention of the Metre 1875Hectogram=1/10 kilogramGram=1/1000 kilogramCarat (metric)=1/5 gramMilligram= 1/1000 gram.[30/2005]
Measures and weights (metric system)
SECOND SCHEDULESection 4Measures and weights (metric system)Part 1Linear MeasureMeasures of — 20 metres 100 millimetres 10 metres 50 millimetres 2 metres 20 millimetres 1 metre 10 millimetres 500 millimetres 1 decimetre 200 millimetres 1 centimetre.Part 2Measures of VolumeMeasures of — any multiple of one cubic decimetre in cubic form 100 millilitres 10 litres 50 millilitres 5 litres 20 millilitres 2 litres 10 millilitres 1 litre 5 millilitres 500 millilitres 2 millilitres 200 millilitres 1 millilitre.Part 3Weights1. Weights of — 1000 kilograms 4 grams 500 kilograms 3 grams 250 kilograms 2 grams 100 kilograms 1 gram 50 kilograms 500 milligrams 20 kilograms 400 milligrams 15 kilograms 300 milligrams 10 kilograms 200 milligrams 5 kilograms 150 milligrams 2 kilograms 0.5 milligrams 1 kilogram 0.2 milligrams 15 grams 0.1 milligrams. 2. Weights of — 500 carats (metric) 1 carat (metric) 200 carats (metric) 0.5 carat (metric) 100 carats (metric) 0.25 carat (metric) 50 carats (metric) 0.2 carat (metric) 20 carats (metric) 0.1 carat (metric) 10 carats (metric) 0.05 carat (metric) 5 carats (metric) 0.02 carat (metric) 2 carats (metric) 0.01 carat (metric).[30/2005]
Customary weights
THIRD SCHEDULESection 40Customary weights1 Hoon=1/10 Chee=...=0.377994 grams 1 Chee=1/10 Tahil=...=3.77994 grams 1 Tahil=…=1 1/3 ozs=37.7994 grams 16 Tahils=1 Kati=1 1/3 lbs=0.6048 kilogram.[30/2005]