Legal Metrology Act, 2014 (Act No. 9 of 2014) Regulations Legal Metrology Regulations, 2017 Part I : Definitions and application of requirement of the Act 1. Definitions

 

In these Regulations, unless the context indicates otherwise, a word or expression to which a meaning has been assigned in the Act, has the same meaning, and—

 

"accredited"

means accredited in terms of the Accreditation for Conformity Assessment, Calibration and Good Laboratory Practice Act, 2006 (Act No. 19 of 2006) as amended or accredited by a member of the recognition arrangement of the International Laboratory Accreditation Co-operation;

 

"area-measuring instrument"

means a measuring instrument which is designed and constructed to measure and automatically indicate the surface area of leather or such other material as may be described in the type approval documentation when passed through the leather or such material;

 

"automatic rail-weighbridge"

means an automatic weighing instrument having load receptors, inclusive of rails for conveying railway wagons, that determines the mass of wagons or trains or both wagons and trains, by weighing them in motion;

 

"automatic weighing instrument"

means a weighing instrument provided with a self-acting mechanism that weighs without the intervention of an operator and that follows a predetermined program of automatic processes characteristic of the instrument;

 

authorised officer"

means any duly appointed market surveillance inspector, an employee of an organ of state furnished with a written inspection authority issued by the Chief Executive Officer in terms of section 6 of the Act or any police officer;

 

"bearings"

in relation to the lever and stay pivots of a weighing instrument fitted with knife-edges, means all surfaces and points intended to be in contact with the knife-edges;

 

"burette"

means a delivering measure of volume for pharmaceutical dispensing and comparable measurement, made of glass in the form of a pipette, but having a glass tap in the tip for controlling delivering or for controlling filling and delivering, provided that the datum level defining the capacity of a burette which is filled from the bottom may be the rim of a narrowed top section;

 

"capacity"

 

"combination meters"

in respect of a water meter, means a system that consists of one large meter, one small meter and a device that, without using any source of energy other than that of the fluid being measured, automatically so directs the water through either meter that neither of the meters operates outside of its designed operating range;

 

"compartment"

in respect of a vehicle tank, means any one of the portions into which the tank may have been subdivided

 

"compliance scheme"

means a scheme introduced by the Minister in terms of section 37 of the Act;

 

"conical measure"

in respect of a conventional measure of volume, means a measure of volume of which the diameter at the brim is not more than two thirds of the diameter at the bottom;

 

"consumer"

means any person who purchases a product or service for his or her own use through retail sales agencies or other means, but does not include a person purchasing a product for further processing or any other industrial or institutional use;

 

"containing measure"

in respect of a conventional measure of volume, means a measure of volume intended to contain the defined quantity when filled to any datum level;

 

"continuous totalizing automatic weighing instrument"

means an automatic weighing instrument for continuously weighing a bulk product on a conveyor belt, without systematic subdivision of the mass and without interrupting the movement of the conveyor belt;

 

"measure of length"

means a length measure of conventional design bearing scale marks or graduation lines or having suitable end surfaces which indicate distances in units of length;

 

"measure of volume"

means a volume measure of conventional design used for measuring liquid substances and having a datum level or levels which define the quantity or quantities which can be measured by means thereof;

 

"cream test beam scale"

means any weighing instrument having an equal armed beam with knife-edge pivots and with cream test bottle holders suspended below the beam;

 

"cream test torsion balance"

means any weighing instrument having an equal armed beam with torsion band pivots and with cream test bottle holders above the beam;

 

"delivering measure"

in respect of a conventional measure of volume, means a measure of volume intended to deliver a defined quantity after having been filled to any datum level;

 

"delivery note"

means any separate piece of paper of such colour and size as readily to permit a clear and legible statement being made thereon and actually bearing such a statement of all information required by the Act and these Regulations to be furnished in respect of any goods actually being delivered to a purchaser;

 

"denomination"

in respect of a measuring instrument, means the name and value of the measurement unit used, for expressing the magnitude of the quantity;

 

"electronic indicator"

in respect to a water meter, means an indicator with electronic indication fitted to a water meter, which measures the volume of water passing through it, and displays other values or indications associated with the operation of the meter or measuring system in which it is installed;

 

"environment"

in respect of measuring instruments and devices for measuring, means—

(a)        sound (noise), vibration, ionizing and nonionizing radiation; and

(b)        pollution of air, water, soil and food products;

 

"gas meter"

means a measuring instrument which is designed and constructed for use in a gas supply system to measure and automatically indicate the volume of combustible gas passed through it in a continuous stream and used by a consumer for domestic purposes;

 

"gauge"

means a gauge to indicate the nominal value or result of measurement in respect of a vehicle tank or any other tank;

 

"graduated measure"

in respect of conventional measures of length, means a measure of length on which graduations between the principal scale marks represent distances less than the nominal length of the measure;

 

"health"

includes—

 

"index"

in respect of a measuring instrument, means that part of the indicating device, the position of which with reference to the scale marks, enables the result of a measurement to be defined;

 

"indication"

means the quantity value provided by a measuring instrument or a measuring system, whether provided by—

 

"length measuring instrument"

means a measuring instrument which is designed and constructed to measure and automatically indicate the length of fabrics or other materials, as described in the type approval documentation, when passed through it;

 

"load measuring device"

in respect of a weighing instrument, means that part of the measurement instrument by means of which the mass of the load is measured;

 

"load receptor"

in respect of a weighing instrument, means that part of the measuring instrument on or in which the load is supported or from which the load is suspended;

 

"load transmitting device"

in respect of a weighing instrument, means that part of the measuring instrument by means of which the force produced by the load acting on the load receptor is transmitted to the load measuring device;

 

"liquid-measuring device"

means an apparatus for delivering predetermined volumes of liquid into drums, barrels, bottles or other receptacles, but does not include a liquid fuel dispenser and any liquid meter system for predetermined quantities;

 

"liquid meter"

means a measuring instrument which is designed and constructed to measure and to automatically indicate the volume of liquid passed through it in a continuous stream, but does not include a water meter;

 

"liquefied petroleum gas meter system"

means an installation comprising a liquid meter and ancillary equipment, designed and constructed specifically for measuring liquefied petroleum gas in bulk;

 

"liquid meter system for predetermined quantities"

means an installation comprising a liquid meter and ancillary equipment, designed and constructed specifically for measuring and delivering predetermined quantities of liquid into drums, barrels, bottles or other receptacles;

 

"lubricating oil dispenser"

means a liquid measuring system comprising a liquid meter and ancillary equipment designed and constructed specifically for measuring and dispensing lubricating oil for servicing motor vehicles;

 

"liquid fuel dispenser"

means a measuring assembly that comprises a pump, a meter and ancillary equipment for the measurement and delivery of liquids into the tanks of vehicles, boats or small aircraft or into other receptacles, as approved during type approval;

 

"material measure"

means a physical object of known value and denomination used to determine the value of a quantity by direct comparison;

 

"maximum permissible error"

means the extreme value of measurement error, with respect to a known reference quantity value, permitted by specifications or regulations for a given measurement, measuring instrument or measuring system;

 

"measuring flask"

means a glass measure of volume for pharmaceutical dispensing and comparable measurement and comprising a bulb, with cylindrical neck of relatively small diameter, which bears a datum level line representing the denomination of the measure, provided that the neck may be graduated in deficiency or in excess of the datum;

 

"measuring system"

means a set of one or more measuring instruments and often other devices, including any reagent and supply, assembled and adapted to give information used to generate measured quantity values within specified intervals for quantities of specified kinds;

 

"meat"

means meat of any description, whether fresh, pickled, marinated, dried, salted, chilled, frozen, cooked or processed, and includes all dressed or undressed carcasses;

 

"mechanical water meter"

 

"milk"

includes fresh, pasteurised, sterilised, homogenised or skimmed milk, including long life milk, but does not include milk extracted from plants;

 

"milk meter system"

means an installation comprising a liquid meter and ancillary equipment, designed and constructed specifically for measuring milk in bulk and used for—

(a)        the reception of milk by collecting tankers or in dairies or depots; or

(b)        the delivery of milk;

 

"modified"

in respect of a measuring instrument for which a type approval certificate has been issued in terms of section 22 of the Act, including any attachment, device or ancillary equipment used with such instrument, means a change that does or may alter some of its metrological or technical characteristics, its ranges or its applicability;

 

"new"

in respect of a measuring instrument, means a measuring instrument which has never been used since having been made;

 

"nominal length"

in respect of a measure of length, means the maximum length which the measure is designed to measure;

 

"non-automatic weighing instrument"

means an instrument that requires the intervention of an operator during the weighing process;

 

"non-self-indicating"

in respect of a measuring instrument, means a measuring instrument in which the position of equilibrium is obtained entirely by the operator;

 

"pipette"

means a delivering measure of volume for pharmaceutical dispensing and comparable measurement, made of glass in the form of a cylindrical tube bearing one or more datum level lines or graduations and having a constricted tip at the bottom of such diameter as to retain liquid in the pipette when the top thereof is closed;

 

"post office letter beam scale"

means a beam scale or beam balance as defined in SANS 302 that is intended only for the weighing of letters for the determination of postal charges;

 

"pre-payment water meter system"

means a measuring system consisting of a meter and ancillary devices which include but are not limited to a valve to open and close the water supply and a device to allocate the proportionate volume of water for an amount of monetary credit. The components maybe mechanical or electronic or a combination of the two and credit may be entered by the insertion of money or some other means;

 

"principal indicator"

in respect of a measuring instrument, means any indicator which provides the initial or the principal visual indication or printing of values of quantities measured by the measuring instrument;

 

"principal scale marks"

in respect of a measure of length, means the two marks or end surfaces, the distance apart of which represents the nominal length of a measure of length;

 

"repaired"

in respect of a measuring instrument, means any such measuring instrument which has been repaired after—

 

"reading by simple juxtaposition"

means the reading of the result of a measurement where successive figures have been so juxtaposed as to give the result of the measurement without the need for calculation;

 

"reject"

in respect to a measuring instrument, means a decision of legal relevance that a measuring instrument does not comply with statutory requirements for verification and prohibiting its use for applications requiring mandatory verification;

 

"rejection mark"

means a mark, in the form of a six pointed star, applied to a measuring instrument in a conspicuous manner to indicate that the measuring instrument does not comply with the statutory requirements for verification and in a manner that obliterates the previously applied verification mark;

 

"repair mark"

means a mark applied to a measuring instrument in a conspicuous manner confirming that a repair of the measuring instrument was carried out and compliance with statutory requirements was guaranteed;

 

"result of a measurement"

means the value of the measured quantity obtained by a measurement;

 

"retail"

in respect of a selling transaction, means any sale to a consumer, and includes a transaction whereby a consumer purchases directly from a wholesaler, manufacturer or any other sales outlet;

 

"road vehicle scale"

means a vehicle scale intended for the measurement of the mass of road vehicles;

 

"rounding"

in respect of digital indication, means the rounding, by the indicating device of a measuring instrument, of the result of a measurement, up or down, to the nearest discrete figure;

 

"rounding error"

in respect of a digital indicator, means the difference between the digital indication and the result which the measuring instrument would indicate if the indicator were an analogue indicator;

 

"SABS 1650"

means the South African National Standard entitled "Liquid Fuel Dispensers";

 

"safety"

includes measuring instruments and devices for determining the value of quantities and for checking the observance of permissible limits in occupational safety and accident prevention;

 

"SANS 289"

means the South African National Standard entitled "Labelling requirements for prepackaged products (prepackages) and general requirements for the sale of goods subject to legal metrology control", as amended;

 

"SANS 302"

means the South African National Standard entitled "Non-automatic, un-denominated beam scales and balances subject to legal metrology control", as amended;

 

"SANS 303"

means the South African National Standard entitled "Non-automatic, non-self-indicating or semi-self-indicating, un-graduated counter scales subject to legal metrology control", as amended;

 

"SANS 319"

means the South African National Standard entitled "Measuring systems - Cryogenic liquids and other selected liquid gases in vertical tanks - Pressure differential method", as amended;

 

"SANS 344"

means the South African National Standard entitled "Dynamic measuring devices and systems for cryogenic liquids", as amended;

 

"SANS 458"

means the South African National Standard entitled "Tolerances permitted for the accuracy of measurements in terms of legal metrology legislation including prepackaged products", as amended;

 

"SANS 689"

means the South African National Standard entitled "Automatic rail-weighbridges", as amended;

 

"SANS 863"

means the South African National Standard entitled "Continuous totalizing automatic weighing instruments - Belt weighers", as amended;

 

"SANS 1529-1"

means the South African National Standard entitled "Water meters for cold potable water: Metrological characteristics of mechanical water meters of nominal bore not exceeding 100 mm", as amended;

 

:SANS 1529-9:

means the South African National Standard entitled "Water meters for cold potable water: Requirements for electronic indicators used with mechanical water meters, electronic water meters and electronic prepayment water measuring systems", as amended;

 

"SANS 1649"

means the South African National Standard entitled "Non-automatic self-indicating, semi-self-indicating and non-self-indicating weighing instruments with denominated verification scale intervals", as amended;

 

"SANS 1697"

means the South African National Standard entitled "Verification standards for the verification of mass measuring instruments, including commercial standard masspieces", as amended;

 

"SANS 1698"

means the South African National Standard entitled "Verification standards for the verification of volume-measuring instruments, including commercial standards of volume", as amended;

 

"SANS 1840"

means the South African National Standard entitled "Manufacture of measuring container bottles", as amended;

 

"SANS 1841"

means the South African National Standard entitled "Control of the quantity of contents in prepacked packages within the prescriptions of legal metrology legislation", as amended;

 

"SANS 10378"

means the South African National Standard entitled "General requirements for the competence of verification laboratories", as amended;

 

"self-indicating"

in respect of a measuring instrument, means a measuring instrument in which the position of equilibrium is obtained without the intervention of an operator;

 

"semi-self-indicating"

in respect of a measuring instrument, means a measuring instrument with a self-indication measuring range, in which the operator intervenes to alter the limits of this range;

 

"steelyard"

means, in addition to the weighing instrument so designated, the load measuring device in the form of a steelyard on any weighing instrument so equipped;

 

"the Act"

means the Legal Metrology Act, 2014 (Act No. 9 of 2014);

 

"turn"

in respect of a vibrating weighing instrument, means the displacement of the beam or steelyard to the full extent of its travel either way from the horizontal position of balance, and the mass required to effect such turn does not include the mass required to correct any error;

 

"true value"

in respect to quantity, means the value which characterizes the quantity perfectly defined;

 

"type evaluation"

means the sequence of all the steps taken in the course of the evaluation and approval, or rejection, of a type, starting with the submission of the request for type approval and culminating in a certificate or notice of type approval or rejection;

 

"ullage"

means the distance between the free surface of the product and the container top reference point, measured along the vertical measurement axis;

 

"undue yielding"

in respect to any part of a weighing instrument, means to yield to such an extent as to cause a permanent deformation of the part or to cause incorrect measurement by the weighing instrument, whether such permanent deformation or incorrect measurement is immediately apparent or is apparent only after repeated application of the load that causes the part to yield;

 

"value"

in respect of a given quantity, means the magnitude of the quantity expressed as the product of a number and the appropriate unit of measurement;

 

"vehicle tank"

means a measure of volume in the form of a container, which may or may not be subdivided into two or more compartments, the tank or each compartment having a capacity of not less than 200 L, mounted on a motor truck or trailer, or on a railway truck, and used for the sale or delivering of liquids by measure of volume, but does not include a vehicle tank provided with a removable measuring gauge or gauges and a vehicle tank provided with a liquid meter;

 

"vibrating weighing instrument"

means a weighing instrument in which the beam or steelyard oscillates when disturbed from rest in its position of balance;

 

"weighing instrument"

means any measuring instrument that serves to determine the mass of a body by using the action of gravity on such body;