| (a) | sell any goods by mass unless by net mass; or |
| (b) | sell any fluid in any container unless, with due allowance for the limits of error prescribed by regulation, the actual liquid contents by volume at such temperature as may be prescribed by regulation, are in the manner prescribed by regulation indicated on that container or on any invoice, delivery note or other writing issued in connection with the sale of such fluid in such container; or |
| (c) | sell any goods 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 by regulation; or |
| (d) | sell by mass any prepacked goods unless the net mass of such goods, with due allowance for the limits of error prescribed by regulation, is in the manner prescribed by regulation indicated on the package or goods or on any invoice, delivery note or other writing issued in connection with the sale of such goods; or |
| (e) | sell or deliver to a purchaser any goods sold by such person by mass and otherwise than in prepacked form, unless the net mass of such goods is in the manner prescribed by regulation indicated on such goods or on any invoice, delivery note or other writing delivered with such goods. |
| (2) | The provisions of subsection (1)(d) shall not apply to— |
| (a) | any article which, by reason of its being subject to variation in mass owing to its properties or to climatic influences, is specially exempted by regulation from the provisions of that subsection; or |
| (b) | any article for which mass is used for the purpose of designating grade or class only. |
| (3) | The Minister may by regulation exempt any article from any provision of subsection (1), and paragraphs (b) and (d) of that subsection shall not apply to goods taken from bulk and measured at the time of sale in the presence of the purchaser or his agent and sold by volume or net mass determined at such measuring. |
[Section 40(3) substituted by section 11 of Act No. 15 of 1990]
| (4) | No person shall sell by mass any article exempted in the manner referred to in subsection (2)(a), unless it is marked on the package or container in which it is sold in the manner prescribed by regulation with a statement giving the net mass of the goods at the time of packing, and unless such goods comply with such conditions, regarding quantity, as may be prescribed by regulation. |
