Legal Metrology Act, 2014 (Act No. 9 of 2014)

Chapter VII : Manner of Use, Possession of or Sale of Measuring Instruments and Products

36. Manner of selling products

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(1)No person may—
(a)sell any product by mass unless by net mass;
(b)sell any fluid unless, with due allowance for any prescribed limit of error, the actual liquid contents by volume at a prescribed temperature are indicated in the manner prescribed for prepackages or on any invoice, delivery note or other writing issued in connection with the sale of such fluid;
(c)sell any product the quantity of which is determined at the time of sale thereof unless such quantity is made known to the purchaser in such manner as may be prescribed;
(d)sell by mass any prepacked product unless the net mass of such product, with due allowance for such limits of error as may be prescribed, is indicated in the manner prescribed for prepackages or on any invoice, delivery note or other writing issued in connection with the sale of such product; or
(e)sell or deliver to a purchaser any product sold by mass other than in prepacked form, unless the net mass of such product is indicated in the prescribed manner on such product or on any invoice, delivery note or other writing delivered with such product.

 

(2)
(a)The prescribed permissible deviations contemplated in subsection (1)(d) must be in respect of any product—
(i)that is subject to variation in mass owing to its properties or to climatic influences; or
(ii)for which mass is only used for the purposes of designating grade or class.
(b)Notwithstanding paragraph (a), any product contemplated in—
(i)paragraph (a)(i) must comply with such conditions regarding quantity as may be prescribed; and
(ii)paragraph (a)(ii) must comply with such requirements as may be prescribed.

 

(3)Subsection (1)(b) and (d) does not apply to products taken from bulk and measured at the time of sale in the presence of the purchaser or his or her agent and sold by volume or net mass determined at such measuring.