Legal Metrology Act, 2014 (Act No. 9 of 2014)RegulationsLegal Metrology Regulations, 2017Part X : Measuring instruments, products or services not conforming to legal metrology technical regulations39. Directive |
| (1) | Where a non-conformance relating to a measuring instrument, product or service is found, the National Regulator must direct in writing that such measuring instrument, product or service be brought into compliance with any relevant technical regulation as required by section 18(1) of the Act. |
| (2) | Should the person to whom such directive is issued fail to bring the measuring instrument, product or service into conformance with the relevant legal metrology technical regulation, the National Regulator may direct in writing that such measuring instrument, product or service be confiscated, destroyed or returned to the country of origin in such manner as the National Regulator may deem fit. |
| (3) | A directive issued by the National Regulator in terms of subregulation (1), may— |
| (a) | be withdrawn in writing by the National Regulator if no steps have been taken by the National Regulator within 120 days of the date of issue of the directive; |
| (b) | be withdrawn, in writing within 30 days, from the date that evidence of conformity of the measuring instrument, product or service covered in a directive was submitted to and accepted by the National Regulator; |
| (c) | remain valid, where the directive for any measuring instrument, product or service cannot be served on the manufacturer, importer, seller or supplier for any reason. |
| (4) | Any person issued with a directive is responsible to ensure that each measuring instrument, product or service which does not conform to a legal metrology technical regulation is kept separate from the compliant products and is not removed from the premises specified, supplied or sold. |
| (5) | A person issued with any directive is further responsible for any costs or losses incurred in keeping such measuring instrument, product or service in his or her possession or under his or her control at or on any premises specified in the directive by the National Regulator, including where the measuring instrument or products are kept at the premises of or under the control of the National Regulator or returned to country of origin or destroyed. |
| (6) | A person is guilty of an offence if that person acts in contravention of a directive issued in terms of section 18 of the Act. |