Requirements
As consumers or traders we have the right to expect that the goods we buy are exactly what we paid for, eg. a kilogram of mince is a kilogram of mince, a litre of petrol is just that, not any less. It is for this very reason that accurate weighing and measuring is so important. It means that we all can buy and sell goods confidently and know that our dealings are conducted in a fair and honest manner.
To ensure that weights and measures are accurate the Office of Fair Trading administers the NSW Trade Measurement Act 1989 and works closely with industry to ensure that weighing and measuring instruments are accurate.
What types of weighing and measuring do the laws apply to?
The Trade Measurement Act 1989 applies to all measurements made for trade purposes. The legislation aims to promote fair trading in relation to transactions conducted by weight or measure. This includes shop scales, flow meters (petrol and LPG pumps), liquor dispensers, weighbridges, industrial scales and agricultural chemical measuring instruments.
Top of pageWhat does this mean for consumers?
Fair Trading Inspectors regularly inspect goods and measuring instruments in use for trade throughout NSW, to protect consumers from inaccurate measurement. This includes weighing lotto balls, shop scales, petrol and LPG pumps, liquor dispensers, weighbridges and industrial scales. Therefore consumers can confidently expect the goods that they buy are accurately measured to a precise standard. As a result, consumers are:
- protected from inaccurate weighing and measuring
- confident that weights and measures are regularly tested, inspected, corrected and verified or certified and have an inspectors or licensees mark
- confident that measuring instruments are correct and meet the National Measurement Institute rules
- getting exactly what they pay for.
What does this mean for traders?
Fair Trading licenses service organisations that specialise in servicing weighing or measuring equipment, to assist traders in keeping their measuring instruments accurate. Traders are required by law to have their measuring instruments checked for accuracy on a regular basis, and if necessary repaired and corrected. This is usually done in the one visit to avoid paying for evaluation and repair separately. By doing so, traders can confidently expect the goods they sell are accurately measured to a precise standard and consumers get exactly what they pay for; a good business practice.
Traders or retailers using measuring instruments must ensure they:
- operate correctly
- are regularly checked and maintained
- are of an approved type
- are verified or certified before use and while in use
- are verified or certified after repair or adjustment
- are properly installed
- are accurate during use
- are accurate under possible extreme conditions
- are leveled (if required) and register zero before use.
Packaged goods may be packed in any size as long as they are correctly labelled and suit the needs of customers. Generally, labels must contain:
- the correct content in grams (g), kilograms (kg), millilitres (mL),decilitres (dL), centilitres (cL) or litres (L), and
- the name and street address (not a PO box) of the packaging company or manufacturer.
Instruments in use for trade
General requirements
The NSW trade measurement legislation is uniform, apart from certain administration areas, in all States and Territories of the Commonwealth.
The legislation controls:
- the use of measuring instruments for trade
- the verification, re-verification and certification of measuring instruments
- transactions by measurement
- pre-packed articles
- the licensing of service organisations and public weighbridge operators.
Compliance with requirements
The legislation places the onus on measuring instrument owners to ensure that their measuring instruments comply with the requirements of the National Standards Commission are marked (stamped) and accurate within prescribed errors.
Measuring instruments are considered to be in use for trade if they are in use, in possession of or available for the following purposes:
- determining the consideration in respect of a transaction, or
- determining the amount payable as tax, rate, toll, duty, charge or other impost (however described).
Therefore the meaning of use for trade covers a very large range of measuring instruments used in business activities. Measuring instruments used for checking freight are considered to be in use for trade. Measuring instruments used solely for mixing ingredients are considered not in use for trade.
Considerable penalties, can be levied under the legislation for non-compliance with requirements.
Certification of measuring instruments
The legislation provides for a system of licensing service organisations to certify measuring instruments following repair. This enables certified instruments to be legally used for trade purposes.
Certified instruments are liable to be monitored by Trade Measurement Inspectors.
Licensees can also provide test reports to satisfy quality assurance requirements.
Personnel employed by licensed service organisations are NOT Trade Measurement Inspectors and do not have any authority to enter and inspect premises or seize measuring instruments.
Trade measurement inspectors
Trade Measurement Inspectors will safeguard the measurement standards in NSW by:
- verifying measurement standards of mass and volume
- conducting in-service inspections to check accuracy of measuring instruments and their compliance with legislation
- monitoring the activities of licensed service organisations
- providing a verification and re-verification service
- providing information and advice to Industry
- investigate complaints
- checking pre-packed goods.
Re-verification periods for measuring instruments
The re-verification period for most measuring instruments is 24 months.
All measuring instruments that are in use for trade are required to be verified by a Trade Measurement Inspector, or certified by a Licensed Service Organisation.