WEIGHTS AND MEASURES ACT

ARRANGEMENT OF SECTIONS

PART I
Preliminary

   1   Short title

   2   Interpretation

 

PART II
Units and Standards of Measurement

   3   Units of measurement

   4   Jamaican reference standards

   5   Working standards and testing and stamping equipment

      Power of Minister to provide for metric conversion

 

PART III
Weighing and Measuring Equipment for use for Trade

   6   Weighing and measuring equipment used for trade

   7   Testing of weighing or measuring equipment on request

   8   Approval of patterns of weighing or measuring equipment

   9   General testing of weighing and measuring equipment

   10   Units of measurement lawful for use for trade

   11   Sale of goods by weight or measurement

   12   Sale of pre-packed goods by weight or measurement

   13   Seller to weigh or measure goods in buyer's presence if requested

   14   Short weight, etc

   15   Deceptive packaging

 

PART IV
Inspectors of Weights and Measures

   16   Appointment of inspectors

   17   Powers of entry and inspection

   18   Directions to secure compliance

   19   Inspectors may act as arbitrators, etc

   20   Inspectors may make tests and reports on request

   21   Inspectors to account for and pay over fees received

 

PART V
Miscellaneous

   22   Regulations

   23   Offences

   24   Evidence of possession of equipment for use for trade

   25   Offences by corporations or associations

   26   Defence of mistake, accident, etc

   27   Offences due to default of third person

   28   Evidence of facts in certain documents

      SCHEDULE

 

THE WEIGHTS AND MEASURES ACT

[Date of Commencement: 31st May, 1976]

Acts
14 of 1976,
10 of 1993,
2 of 1996.

PART I
Preliminary

1   Short title

   This Act may be cited as the Weights and Measures Act.

2   Interpretation

   In this Act, unless the context otherwise requires-

   "Bureau" means the Bureau of Standards established by the Standards Act;

   "container" includes any form of packaging of goods for sale as single item, whether by way of wholly or partly enclosing the goods or by way of attaching the goods to, or winding the goods round, some other article, and in particular includes a wrapper or confining band;

   "inspector" means a person appointed as an inspector of weights and measures under this Act;

   "mark" includes label;

   "occupier", in relation to any stall, vehicle, vessel or aircraft or in relation to the use of any place for any purpose, means the person for the time being in charge of the stall, vehicle, vessel or aircraft or, as the case may be, the person for the time being using that place for that purpose;

   "premises" includes any place and any stall, vehicle, vessel or aircraft;

   "pre-packed" means made up in advance ready for retail sale in or on a container, and on any premises where articles of any description are so made up, or are kept or stored for sale after being so made up, any articles of that description found made up in or on a container shall be deemed to be pre-packed unless the contrary is proved; and it shall not be sufficient proof of the contrary to show that the container has not been marked in accordance with the requirements of this Act or of any regulations made thereunder;

   "stamp" means a mark for use as evidence of the passing of weighing or measuring equipment as fit for use for trade, whether applied by impressing, casting, engraving, etching, branding, transfer or by any other means;

   "trade" includes any transaction for the transferring or rendering of money or money's worth in consideration of money or money's worth;

   "weighing or measuring equipment" means equipment for measuring in terms of length, area, volume, capacity, weight or number, whether or not the equipment is constructed to give an indication of the measurement made or other information determined by reference to that measurement.

PART II
Units and Standards of Measurement

3   Units of measurement

   (1) Subject to section 5A, the yard or the metre shall be the unit of measurement of length and the pound or the kilogram shall be the unit of measurement of mass by reference to which any measurement involving a measurement of length or mass shall be made in Jamaica; and-

[2/1996 s 2.]

   (a)   the yard shall be 0.9144 metre exactly;

   (b)   the pound shall be 0.453 592 37 kilogram exactly.

   (2) The First Schedule shall have effect for defining for the purposes of measurements falling to be made in Jamaica the units of measurement set out in that Schedule; and for the purposes of any measurement of weight falling to be so made, the weight of anything may be expressed, by reference to the units of measurement set out in Part V of that Schedule, in the same terms as its mass.

   (3) The Minister may from time to time by order amend the First Schedule by adding to or removing from it any unit of measurement.

4   Jamaican reference standards

   (1) The Minister shall cause to be maintained, in accordance with the provisions of this section, standards which shall be known collectively as the Jamaican reference standards.

   (2) The Jamaican reference standards shall consist of such of the measures and weights set out in the Second Schedule as the Minister considers to be proper and sufficient; and a reference standard of any linear or capacity measure may, as the Minister thinks fit-

   (a)   be provided either as a separate standard or by means of divisions marked on a standard of larger measure, and

   (b)   either be marked in whole or in part with subdivisions representing any smaller unit of measurement or multiples or fractions of such a unit or have no such marking.

   (3) The Jamaican reference standards shall be deposited at such places and shall be placed in the custody of such persons as the Minister shall direct.

   (4) Before being brought into use each Jamaican reference standard shall have its value determined in such manner as the Minister shall direct.

   (5) The value of each Jamaican reference standard shall, at intervals not exceeding ten years, be redetermined in such manner as the Minister shall direct.

   (6) Where it is proposed to send any Jamaican reference standard out of Jamaica temporarily, the Minister shall cause to be provided, as a temporary reference standard, an appropriate measure or weight of the denomination of that Jamaican reference standard and shall by order declare that measure or weight to be a temporary Jamaican reference standard.

   (7) The Minister may from time to time by order amend the Second Schedule by adding to it or removing from it any measure or weight.

5   Working standards and testing and stamping equipment

   (1) The Bureau shall provide for use by inspectors' and shall maintain or from time to time replace, such standards (in this Act referred to as working standards) of such of the measures and weights set out in the Second Schedule, such testing equipment, and such stamping equipment, as the Bureau may from time to time approve or require as being proper and sufficient for the efficient discharge by inspectors of their functions under this Act.

   (2) Working standards and testing and stamping equipment provided under this section shall be of material and form approved by the Bureau and except so far as may be necessary for the purpose of their use elsewhere, shall be kept under such control as the Bureau may from time to time direct or approve; and a working standard of a linear, cubic or capacity measure may-

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