Legal Metrology Act, 2014 (Act No. 9 of 2014)RegulationsLegal Metrology Regulations, 2017Part II : Registration of importers, manufacturers, persons who offer for sale any prescribed measuring instrument, product or service5. Inspection, seizing and retention of measuring instruments, products or services by market surveillance inspectors |
| (1) | Any person who imports, manufactures, users or any person who offers for sale or supply, any prescribed measuring instrument, product or service, herein after referred to as a sample, to which a legal metrology technical regulation applies, must at the request of the market surveillance inspector, and within the period stated in the request, and at that person’s own cost— |
| (a) | place at the disposal of the market surveillance inspector, any sample, as may be specified in the request, in order to inspect, examine, test or analyse; or |
| (b) | furnish the market surveillance inspector such documentation as may be specified in the request with regard to the inspection; and |
| (c) | comply with the sampling requirements of a legal metrology technical regulation that is in force on the request of a market surveillance inspector. |
| (2) | The market surveillance inspector may open products or instruments in order to examine any sample obtained in terms of this Act, or have it tested or analysed, in order to determine whether the prescribed measuring instrument, product or service, or any component, material or substance concerned therewith complies with or has the characteristics of or has been manufactured in accordance with a legal metrology technical regulation applicable in terms of this Act. |
| (3) | If any sample obtained in terms of this Act is damaged or destroyed during the process of inspecting, examining, testing or analysing such sample, the National Regulator is not liable for the damage to or destruction of that sample, except where the damage is due to negligence of the National Regulator. |
| (4) | The result of any inspection, examination, test or analysis of any sample of a prescribed measuring instrument, product or service, to which a legal metrology technical regulation applies, is regarded to be valid for the whole consignment or batch from which the sample was obtained or to the similar services offered by the supplier, until the contrary is proved, or unless otherwise specified in legal metrology technical regulation that is in force. |