Legal Metrology Act, 2014 (Act No. 9 of 2014)Chapter IV : Market Surveillance Inspections20. Powers of market surveillance inspectors |
| (1) | In order to monitor and enforce compliance with the provisions of this Act, and subject to the conditions of his or her appointment and the production of an inspection authority issued by the Chief Executive Officer, a market surveillance inspector may, at any reasonable time and without prior notice, enter any premises, other than a private dwelling, or stop any vehicle in or upon which— |
| (a) | a measuring instrument, product or service in respect of which there is a legal metrology technical regulation, is— |
| (i) | manufactured or sold; |
| (ii) | stored, kept for sale or used in the course of any business; or |
| (iii) | stored for any purpose in connection with the import or the export of any measuring instrument, product or service; |
| (b) | any manufacture, sale, use or storage is reasonably suspected; or |
| (c) | any records with regard to the import, manufacture, sale or use of any measuring instrument, product or service referred to in paragraph (a) or (b) are kept. |
| (2) | A market surveillance inspector referred to in subsection (1) may— |
| (a) | inspect any measuring instrument, product or other related matter which may in terms of this Act be inspected, or may order that for the purposes of inspection, such measuring instrument, product or other related matter including documentation pertaining to the inspection, be placed at his or her disposal; |
| (b) | seize and retain subject to subsection (8) or suspend the use or provision of any measuring instrument, product or service which does not conform to or has not been manufactured or provided in accordance with a legal metrology technical regulation that applies to it or any record, document or certificate pertaining to such measuring instrument, product or service; |
| (c) | order a person offering any measuring instrument or product for sale or offering a service, to stop such offering if not in accordance with a legal metrology technical regulation that applies to it; |
| (d) | order the person in whose possession or on whose premises or vehicle such non-compliant measuring instrument, product or service was found, or the agent or employee of such person, to withdraw the whole, or any part, of such product or service from sale or to withdraw such measuring instrument from further use or sale or to take such other steps as that market surveillance inspector may deem necessary; and |
| (e) | open products or instruments to which a regulation applies, in order to inspect, examine, test or analyse them. |
| (3) | A market surveillance inspector referred to in subsection (1) may enter a private dwelling at which no business is conducted or any place other than a place referred to in subsection (1) only— |
| (a) | with the consent of the owner or occupier; or |
| (b) | if authorised to do so by a warrant issued in terms of subsection (4). |
| (4) | A warrant contemplated in subsection (3) may be issued by a judge or a magistrate if it appears from written information given by the market surveillance inspector on oath or affirmation that there are reasonable grounds for believing that a contravention of this Act has been or is being committed within the area of jurisdiction of that judge or magistrate. |
| (5) | The warrant contemplated in subsection (3) must specify the parameters within which the market surveillance inspector may perform an entry, search or seizure. |
| (6) | A market surveillance inspector entering any premises or vehicle referred to in subsections (1) and (3) may be accompanied by an interpreter. |
| (7) | A market surveillance inspector who enters and inspects any premises or vehicle under this section must conduct the entry and inspection with strict regard for decency and order, and with regard to each person’s right to dignity, freedom, security and privacy. |
| (8) | A market surveillance inspector who removes anything from a premises or a vehicle being searched must— |
| (a) | issue a receipt for it to the owner or person in control of the premises or vehicle; and |
| (b) | return it as soon as practicable after it has served the purpose for which it was removed. |
| (9) | Any person, or any agent or employee of such person, in charge of a measuring instrument, product or service that is being inspected by any market surveillance inspector referred to in subsection (1) must at the request of any such market surveillance inspector, render such assistance as may be necessary for the purposes of the inspection by the market surveillance inspector. |
| (10) | A market surveillance inspector must reject, by defacing in the prescribed manner, the verification mark on any measuring instrument which— |
| (a) | he or she finds to be false, defective or inaccurate; or |
| (b) | does not comply with any— |
| (i) | requirement of this Act; |
| (ii) | limitation or condition regarding verification in terms of section 17(2)(a); or |
| (iii) | prescribed requirement or other requirement contemplated in section 22(2)(b) or (c). |
| (11) |
| (a) | Any measuring instrument contemplated in subsection (10) must be regarded as unverified. |
| (b) | Any market surveillance inspector who defaces a verification mark on any measuring instrument contemplated in subsection (10) must at the same time issue to the person in charge of the measuring instrument a certificate stating the reason for the defacement. |