| (a) | measures the quantity of goods or articles in the presence of a purchaser; or |
| (b) | in the retail trade, prepacks goods or articles for sale; |
must use a measuring instrument suitable for the purpose and must make such instrument available to—
| (i) | an authorised officer who wishes to check the quantity of prepackaged goods or articles; or |
| (ii) | a purchaser who wishes to measure the quantity of the goods or articles purchased by him or her. |
| (2) | This requirement will not apply when a vessel is used for the measurement of liquids in accordance with Regulation 33(1). |
| (3) | Any person, other than a person referred to in subregulation (1) or a person packing goods in terms of a registration certificate issued under the quantity mark scheme referred to in Regulation 35, who prepacks goods for sale must— |
| (a) | keep a suitable measuring instrument for the purpose of checking the quantity of such goods; and |
| (b) | make such measuring instrument available to an authorised officer who wishes to check the quantity of such goods. |
| (4) | An instrument referred to in subregulations (1) and (3) will be deemed to be suitable if it fulfils the requirements of SANS 458. |
| (5) | In addition to the requirements of Item 4(4)(c) of SANS 458 and where a deficiency error is not permitted for prepackages of the goods being measured, for example certain goods sold by number, an instrument used in terms of— |
| (a) | subregulation (1) of this regulations must have a permitted maximum permissible error not exceeding 2% at the point of measurement of such goods; and |
| (b) | subregulation (3) of this regulations must have a permitted maximum permissible error not exceeding 2% at the point of measurement of such goods and must be adjusted at the time of verification to have no negative error. |
