imported products bearing quantity or measurement mark · [email protected] • suscilia maree...
TRANSCRIPT
LEGAL METROLOGY
Imported products bearing quantity or measurement mark
INTRODUCTION
• Government is overall responsible for protecting the health, safety and the environment citizens, and for ensuring fair trade.
• NRCS is a public entity responsible to the Minister of Trade and Industry for the administration of TECHNICAL REGULATIONS and compulsory specifications based on STANDARDS.
• Legal Metrology is a division within the NRCS responsible for ensuring fair trade and the traceability of measurements in trade.
MANDATE
The mandate of the Trade Metrology Division is to ensure the appropriate quality and credibility of measurements made in trade through: • contributing to the orderly conduct of commerce, • the protection of all participants in the market of goods and services • the promotion of consumer and international confidence in trade measurements, • ensuring equity and correctness in all trade and legal dealings where measuring instruments are used as a basis for the transaction.
ACTIVITIES
• Administration of the Trade Metrology Act and Regulations (Act 77 of 1973)
• Type approval of measuring instruments • Market surveillance
– Prepackaged goods – Instruments
• Designation of accredited laboratories to verify measuring instruments • Calibration of verification standards • Verification and re-verification of measuring instruments • Input to development of Technical Regulations • International / Regional liaison
EXAMPLES OF LEGAL METROLOGY ACTIVITIES
LABELLING REQUIREMENTS FOR PREPACKAGES SANS 289
• Standard (based on SADCMEL Doc 1) covers labelling of prepackages with respect to: – IdenAty of product (Clause 3) – Name and place of business of manufacturer, packer, distributor or
retailer (Clause 4) – Net quanAty of the product (Clause 5) – General requirements
• Expression of quanAty by mass, volume, length and area (Clause 5.3 and Annex A) • Product specific requirements (Annex C) • ExempAons from quanAty indicaAon (Annex D) • PresentaAon of informaAon (Clause 5.5 and Annex B) • Prescribed quanAAes (Clause 5.7 and Annex E)
– Misleading pracAces • Slack fill, false boRoms, % fill of aerosol containers
TOLERANCES PERMITTED FOR THE ACCURACY OF MEASUREMENTS OF PRODUCTS - SANS 458
• Standard (based on SADCMEL Doc 4) covers requirements for: – Accuracy of measurements
• Taken from bulk and measured at the Ame of sale • Prepackages made up for sale on the retail premises from which they are sold
using a suitable instrument • Prepackages other than those above (three packing rules)
– Average requirement (average actual quanAty = nominal quanAty) – Individual prepackage requirement (not more than 2,5 % prepackages shall have a negaAve error
exceeding the tolerable deficiency + no prepackage shall have a negaAve error exceeding twice the tolerable deficiency)
Must be correct at any level of distribuAon – point-‐of-‐pack, during import, distribuAon and wholesale transacAons and retail sale
– Sampling plans and procedures for use by LM officials – ExaminaAon of the quanAty of product in prepackages – DesiccaAng products and foodstuff packed in a liquid medium
SCHEMES TO ENSURE MORE EFFECTUAL CARRYING OUT OF THE OBJECTS AND PURPOSES OF THE ACT
• ℮ -‐mark scheme (SANS 1841) • To control the quanAty of content in prepackaged goods
– Prepackages saAsfy the three packing rules
• Э -‐mark scheme (SANS 1840) • The control of measuring container boRles
– BoRles can be filled without the need to measure independently
• Through these schemes manufacturers are allowed freedom to “self-‐regulate”
REQUIREMENTS FOR MARK SCHEMES
• Regulation 28 to 32 of the Regulations for the Sale of Goods (R 517 of 21 June 2007) gives requirements for these schemes
• Application for a registration certificate to apply mark must be made to Director
• Marks can only be applied to prepackages or MCB’s that comply to requirements and for which a registration certificate has been issued
REQUIREMENTS FOR MARK SCHEMES
• Approximately 80 local manufacturers have registered with NRCS to apply mark
• Requirements never excluded importers – never enthusiastically enforced
• Guidance has now been developed for importers who wishes to apply the ℮ and Э marks
• Importers can register from June 2013 • All importers should be registered by 31 December 2013
– Failing the registration, a PoS will be issued for the product(s)
ONCE-OFF IMPORTATION
• Once-off importation
– Prohibition of Sale (PoS)(Marking requirements) – Completed application form – Inspectors reference test (IRT) – Billed accordingly – IRT complies
• Issue registration certificate for consignment
– Release PoS
CONTINUED IMPORTATION – OVERSEAS MANUFACTURER REGISTERED BY LEGAL METROLOGY AUTHORITY
• Continued importation – Overseas manufacturer registered by a legal metrology authority – Prohibition of Sale (PoS)(Marking requirements) – Completed application form – Letter of registration from legal metrology authority – Product list – Description of product life cycle – Pre-notification system to be in place (identified storage
and distribution facility) – Person responsible for record keeping – Retention plan for records – Issue Registration Certificate and bill accordingly (2 to 4
visits per year)
CONTINUED IMPORTATION – OVERSEAS MANUFACTURER REGISTERED BY LEGAL METROLOGY AUTHORITY
• Continued importation – Overseas manufacturer registered by a legal metrology authority – Inspectors reference test (IRT)(5 % of products) – IRT complies
• Release PoS
– IRT does not comply • Additional PoS issued with respect to short measure • Product returned to country of origin/ destroyed • Root cause analysis required before further importation is allowed • Product “blacklisting” considered
CONTINUED IMPORTATION – OVERSEAS MANUFACTURER CLAIMS COMPLIANCE
• Continued importation – Overseas manufacturer claims compliance – Prohibition of Sale (PoS)(Marking requirements) – Completed application form – Declaration of compliance from manufacturer (per batch) – Records of actual production checks (per batch) – Product list – Description of product life cycle – Pre-notification system to be in place (identified storage
and distribution facility) – Person responsible for record keeping – Retention plan for records
CONTINUED IMPORTATION – OVERSEAS MANUFACTURER CLAIMS COMPLIANCE
• Continued importation – Overseas manufacturer claims compliance – Issue Registration Certificate and bill accordingly (at least 4
visits per year) – Inspectors reference test (IRT)(10 % of products) – IRT complies
• Release PoS
– IRT does not comply • Additional PoS issued with respect to short measure • Product returned to country of origin/ destroyed • Root cause analysis required before further importation is allowed • Product “blacklisting” considered
BENEFITS
• “Illegal” use of marks curtailed • Greater confidence ensured to consumers
CONTACT DETAILS: REGIONAL OFFICES
• Jaco Marneweck – Snr Manager Inspections
[email protected] • Suscilia Maree – Manager Free State/ EC
[email protected] 082 570 8529/051-447 4408
• Tony Konigkramer – Manager Kwazulu Natal 083 632 3244 [email protected]
• Ivan Willis – Manager Western Cape 021-526 3400 [email protected]
• Tshiamo Maletswa – Manager Gauteng [email protected]
012-428 7003 • Tshepo Segage – Manager Gauteng
[email protected] 012-428 6260
QUESTIONS?
Thanks for listening