the metrology act, 2004 - gottbs.com

AN ACT to re-enact and revise the laws respectingWeights and Measures and to give effect to theInternational System of Units (SI units).

[Assented to 25th June, 2004]

ENACTED by the Parliament of Trinidad and Tobago asfollows:—

1. (1) This Act may be cited as the MetrologyAct, 2004.

Legal Supplement Part A to the “Trinidad and Tobago Gazette’’, Second Session Eighth Parliament Republic of

Trinidad and Tobago

REPUBLIC OF TRINIDAD AND TOBAGO

Act No. 18 of 2004

[L.S.]

Legal Supplement Part A to the “Trinidad and Tobago Gazette’’, Vol. 43,No. 114 1st July, 2004

Enactment

Short title andcommencement

(2) This Act shall come into force on a date to befixed by the President by proclamation.

2. (1) In this Act—

“accuracy” means the degree of conformity withone or more Working, Secondary, NationalReference or International Standards asthe context demands;

“article” includes a portion of goods;

“Bureau” means the Trinidad and TobagoBureau of Standards established by section3 of the Standards Act, 1997;

“buyer” includes a person acting on behalf of abuyer;

“container” includes any form of packagingof goods for sale as a single item, whetherby way of wholly or partly enclosing thegoods or by way of attaching the goodsto, or winding the goods round, some otherobject, and in particular includes awrapper or confining band;

“forgery” has the meaning assigned to it bysection 3(1) of the Forgery Act, and “sealsand dies” as mentioned in that sectionshall be deemed to include stamps;

“General Conference of Weights and Measures”means the Conference Generale des Poidset Mesures established under theConvention du Metre and serviced by theInternational Bureau of Weights andMeasures;

“Inspector of Metrology” means any personappointed as an Inspector of Metrologyunder section 6 and includes the ChiefInspector of Metrology;

340 No. 18 Metrology 2004

Interpretation

Act No. 18 of 1997

Chap. 11:13

“International Bureau of Weights andMeasures ” means the BureauInternational des Poids et Mesures, estab-lished under the Convention du Metre, atSevres in France;

“International System of Units” means theMetric system of units as defined by theGeneral Conference of Weights andMeasures and modified by the Minister forthe purposes of this Act;

“measuring device” means an instrumentor object for use in the measurementof any physical attribute and includesinstruments or objects for use in themeasurement of weight, volume, capacity,area, length, dimension, gauge, number,time, electrical current, temperature, lightintensity and combinations thereof;

“Minister” means the Minister to whomresponsibility for the administration ofMetrology is assigned;

“National Reference Standard” means an objectwhich—

(a) represents or reproduces a unitof measurement referred to insection 3;

(b) has been calibrated and certified tothe satisfaction of the Bureau byreference to appropriate standardsheld, issued or certified by theInternational Bureau of Weightsand Measures; and

(c) is or is to be used as a standard fordetermining the accuracy of aSecondary Standard;

No. 18 Metrology 2004 341

“net quantity” means the quantity of acommodity excluding any materials,substances, or items not considered to bepart of the commodity;

“Permanent Secretary” means the PermanentSecretary of the Ministry responsible foradministering matters relating toMetrology;

“premises” includes any place, stall, vehicle,ship or aircraft;

“pre-packed” means made up in advance andready for retail sale in or on a container;and on any premises where articles of anydescription are so made up, or are kept orstored for sale after being so made up, anyarticle of that description found made up inor on a container shall be deemed to bepre-packed unless the contrary is proved;

“public measuring device” means a prescribedmeasuring device, other than a personweight or person height measure, which ismade available for use by the publicwhether on payment or not;

“public officer” means the holder of any officeof emolument in the public service andincludes a person appointed to act in sucha post;

“Secondary Standard” means an object being acopy of, or object equivalent to, a NationalReference Standard which—

(a) has been calibrated and certified tothe satisfaction of the Bureau byreference to a National ReferenceStandard; and


(b) is or is to be used as a standard forthe purpose of determining theaccuracy of a Working Standard;

“stamp” means a mark, applied by an Inspectorof Metrology, for use as evidence that ameasuring device is in conformity withthe regulations, whether applied byimpressing, casting, engraving, etching,branding, transfer or by any other meansapproved by the Bureau;

“trade” means the selling, purchasing,exchanging, leasing, rendering, consigningor providing of any goods, land, facility,service or work on the basis of measure-ment and includes the collecting of tolls,duties and taxes on the basis of measure-ment and the business of providingfacilities for measuring by means of aprescribed measuring device;

“trader” means any person who carries on tradein the course of business;

“weight” means net weight namely the weightof an article excluding any materials,substances, or items not considered to bepart of the article including containers,bags, wrappers, packaging materials,labels, individual piece coverings, decora-tive accompaniments and coupons;

“weight” and “mass” have the same meaning;

“Working Standard” means an object being acopy of, or object equivalent to, a SecondaryStandard which—

(a) has been calibrated and certified tothe satisfaction of the Bureau byreference to one or more SecondaryStandards; and


(b) is or is to be used as a standard forthe purpose of determining theaccuracy of measuring devicesother than National Reference orSecondary Standards.

(2) The abbreviation “SI” shall be recognized as alegal reference to the International System of Units.

3. (1) The International System of Units shall be theprimary system of measurement in Trinidad and Tobagoand all units of measurement shall be determined onthe basis of the International System of Units.

(2) For the purposes of this Act, the base, derivedand permitted units of measurement of theInternational System of Units referred to insubsection (1) and the symbols therefor, are as set outand defined in the First, Second and Third Schedules.

(3) For the purposes of this Act, the multiples andsubmultiples of the units of measurement referred to insubsection (2) are determined by the application of theprefixes set out and defined in the Fourth Schedule.

(4) In addition to the units of measurement other-wise referred to in this section, the customary units ofmeasurement and the symbols therefore set out anddefined in the Fifth Schedule shall be deemed for thepurposes of this Act to have been determined on thebasis of the International System of Units referred to insubsection (2).

(5) The Minister may, on the advice of the Bureau,from time to time, by Order published in the Gazetteadd to, vary or amend the First to the Fifth Schedulesinclusive.

(6) A Minister to whom responsibility for particularsubject is assigned, in consultation with the Minister,may by Order published in the Gazette provide for theadaptation, alteration, conversion or modification of anyprovisions in any enactment relating to the subject


First, Second andThird Schedules

Fourth Schedule

Units ofmeasurement

Fifth Schedule

under his control for the purpose of replacing referencesto units other than SI metric units by references todimensionally equivalent units of the InternationalSystem of Units or other permitted units which areeither arithmetically equivalent thereto or suchapproximations thereto as appear to that Ministerdesirable for securing that the enactments as adapted,altered, converted or modified are expressed inconvenient terms.

(7) No act or thing done prior to the making ofan Order under subsection (6) shall be challenged byreason only that the act or thing was done in a unitother than a unit of the International System of Units orother permitted units.

4. (1) The unit of the metric carat included in theThird Schedule shall be used only in connection withtrade in precious stones and pearls, and no other unit ofmeasurement of weight shall be used in connection withsuch trade.

(2) The unit of the troy ounce included in the FifthSchedule shall be used only in connection with trade ingold, silver or other precious metals including gold orsilver thread, lace or fringe, and no unit of measurementof weight other than the troy ounce or the gram shall beused in connection with such trade.

(3) Without prejudice to the legality of the use ofmetric units of measurement, the barrel referred to inthe Fifth Schedule shall be used only in connection withtrade in petroleum.

(4) The Minister may by Order published in theGazette declare that certain units of measurement andno others shall be used in connection with any one ormore of the following:

(a) specified classes of undertakings;

(b) specified classes of trades;


Use of units of measurement inconnection withtrade

(c) specified classes of goods;

(d) specified classes of services;

(e) specified classes of measuring devices; and

(f) specified classes of users of measuringdevices.

(5) An order published under subsection (4) mayappoint different dates of commencement in respect of—

(a) different areas of Trinidad and Tobago;

(b) different parts of the Order; or

(c) both (a) and (b).

(6) A person is guilty of an offence who, in connec-tion with trade, uses or provides for use a unit ofmeasurement other than one of the units ofmeasurement set out and defined in the First to theFifth Schedules or uses or provides for use a unit ofmeasurement contrary to the provisions of subsection(1), (2) or (3) or of any Order made under subsection (4).

(7) For avoidance of doubt it is hereby declaredthat unless such use is expressly prohibited by theRegulations it shall always be legal to use a unit ofcount or number in connection with trade if thenumerals used for the expression of count or number arethose of the internationally used Arabic system ofnumerals expressed either in figures or English words.

5. (1) The Minister shall procure and may, by Orderpublished in the Gazette, designate such NationalReference Standards as are necessary for the properadministration of this Act and a standard existing at thetime of the coming into force of this Act may, by such anOrder be designated a National Reference Standard.


Representation unitsof measurement

(2) A National Reference Standard or a SecondaryStandard representing a unit of measurement of lengthor capacity or volume may be provided either as aseparate standard or by means of divisions marked on astandard representing larger units of measurements.

(3) The accuracy of every National ReferenceStandard shall at least once in every ten years beredetermined to the satisfaction of the Bureau byreference to appropriate standards held, issued orcertified by the International Bureau of Weights andMeasures and the results of such redeterminationshall be announced by the Minister by Notice publishedin the Gazette.

(4) Before any National Reference Standard issent out of Trinidad and Tobago for the purpose ofredetermining its accuracy, or in any case where aNational Reference Standard has been lost, damaged ordestroyed and replacement is necessary, an appropriateSecondary Standard shall be designated by the Ministerby Order published in the Gazette as a temporaryNational Reference Standard until that redetermina-tion or replacement has been done.

(5) Every National Reference Standard andSecondary Standard shall be kept in the custody of theExecutive Director of the Bureau at such place andunder such conditions as the Minister may, from time totime, direct.

(6) The Minister shall, from time to time, cause tobe procured such Secondary Standards as are necessaryfor the proper administration of this Act.

(7) The accuracy of every Secondary Standardshall at least once in every five years be redeterminedby the Bureau by reference to one or more of theNational Reference Standards.


(8) The Minister shall, from time to time, cause tobe procured and maintained such Working Standardsand such testing equipment as may be necessary for useby the Bureau and by Inspectors for the properperformance of their respective duties under this Act.

(9) Working Standards and testing equipmentshall be of a material and form approved by the Bureau.

(10) The accuracy of every Working Standard anditem of testing equipment shall at least once in everyyear be redetermined by the Bureau by reference to oneor more Secondary Standards and the Bureau shallissue a certificate in respect of such redetermination.

(11) Where the accuracy of a Working Standard isfound not to be within such limits of error as may beprescribed, it shall be adjusted or replaced.

(12) Every National Reference, Secondary andWorking Standard established and maintained inpursuance of this section shall, until the contrary isproved, be deemed to be accurate, and judicial noticeshall be taken of every standard so established andmaintained.

6. (1) There shall be appointed by the Bureau a ChiefInspector of Metrology and such number of Inspectorsof Metrology as are necessary for the proper adminis-tration of this Act, and the Chief Inspector shallgenerally supervise and direct the Inspectorate for thepurposes of this Act.

(2) A person appointed under subsection (1)shall not engage in or be associated with any businessof selling, manufacturing, assembling, importing,repairing or adjusting of measuring devices, except asauthorized in writing by the Executive Director of theBureau.


Appointment ofInspector ofMetrology

(3) Every person appointed under subsection (1)shall be provided with credentials in the prescribed formsigned by or on behalf of the Executive Director of theBureau.

(4) The Chief Inspector of Metrology andInspectors of Metrology appointed under subsection (1)above shall be deemed for all purposes, staff of theBureau and the provisions of Part III of the StandardsAct shall apply mutatis mutandis for appointment andrelated matters.

7. (1) Subject to subsection (2) and on production ofhis credentials if so requested, an Inspector may at anyreasonable time—

(a) subject to subsection (5), enter the premisesof any trader or any other place in which hehas reasonable cause to believe there are—

(i) measuring devices or documentsthat are or are to be used inconnection with trade;

(ii) goods that are subject to control byvirtue of this Act;

(b) require the production of, and examine anddetermine the accuracy of a measuringdevice which is subject to control by virtueof this Act;

(c) subject to subsection (2)(b), seize and detaina measuring device or goods by means of orin relation to which he reasonably believesthis Act has been violated;

(d) obliterate, in the circumstances and mannerprescribed, the stamp on a measuringdevice and cancel the certificate issued inrespect thereof;


Powers of Inspectors

(e) in the circumstances referred to in section23(1)(e), attach a mark or label bearing thewords “not for use in trade” to a measuringdevice the use of which in trade has beenprohibited;

(f) require the production of, examine andmeasure any goods which are subject tocontrol by virtue of this Act and for thepurpose of such measurement open any con-tainer;

(g) purchase, with public funds allocated forthat purpose, any goods which, beingsubject to control by virtue of this Act areoffered for sale or exposed or advertised insuch a manner as to constitute an invitationto treat;

(h) require the production of and examine anybook, document or other record kept in anypremises or place mentioned in this subsec-tion which on reasonable grounds hebelieves contains or is likely to contain anyinformation relevant to the enforcement ofthis Act and make copies thereof or extractstherefrom; and such copies or extracts shallwithout more, be admissible in evidence inany proceedings for an offence under thisAct as proof of the facts stated thereinunless and until the contrary is proved;

(i) examine any vehicle which he has reason-able cause to believe is being used inconnection with trade and require thedriver in charge to proceed to the nearestmeasuring device suitable for measuringthe vehicle or its contents or both; and


(j) give to any person who has for use inconnection with trade, goods, label or otherarticle which does not comply with this Act,directions in writing requiring him to takesuch steps as shall be specified in thesedirections to secure compliance with thoseprovisions.

(2) The powers of an Inspector under this sectionshall in no case include the power to—

(a) enter premises or any part of the premises,as the case may be, used solely as a dwellinghouse;

(b) detain any measuring device or goodsreferred to in subsection (1)(c) exceptpursuant to a warrant issued by aMagistrate who, upon receiving sworn written information, is satisfied that thereare reasonable grounds to believe that suchmeasuring device or goods are on thepremises;

(c) purchase goods at a price other than thatmarked or advertised; and

(d) stop a vehicle on a highway or require itsdriver to travel more than such distance asmay be prescribed for the purpose ofproceeding to a measuring device.

(3) An Inspector entering any premises in exerciseof his powers under subsection (1) may take with himsuch other public officers, authorized persons and suchequipment as may be reasonable in the circumstances.

(4) Any measuring device or goods seized by anInspector pursuant to subsection (1) may be kept orstored in the building or place where seized or may beremoved to any other appropriate place by or at thedirection of the Inspector who, in the case of goodsseized shall take all reasonable steps to ensure thatsuch goods do not alter in quality or quantity before theconclusion of the proceedings arising out of seizure.


(5) Where a Magistrate or Justice of the Peaceupon receiving sworn written information is satisfiedthat there are reasonable grounds to believe that anymeasuring device, goods or documents referred to insubsection (1)(a) are on any premises, or that anyoffence under this Act has been, is being or is about tobe committed on any premises, and is also satisfiedthat—

(a) admission to the premises has been refused,or a refusal is apprehended, and that noticeof the intention to apply for a warrant hasbeen given to the occupier; or

(b) that an application for admission, or thegiving of such a notice, would defeat theobject of the entry, or that the case is oneof urgency, or that the premises areunoccupied or the occupier is temporarilyabsent,

the Magistrate may, by warrant under his handauthorize any Inspector to enter the premises, if need beby force, and to exercise any or all of the powersgranted to him by virtue of this Act.

(6) Where entry has been made by an Inspectorinto any unoccupied premises by virtue of a warrant inthe circumstances referred to in subsection (5), he shallon leaving the premises ensure that they are aseffectively secured against trespassers as he foundthem.

(7) An Inspector who in the exercise of hispowers under this Act obtains information with regardto any manufacturing process or trade secret and who,otherwise than in the performance of his duties,communicates such information to any person is guiltyof an offence.

(8) An Inspector who in the course of his dutiesknowingly exercises or attempts to exercise any powerotherwise than in accordance with this Act is guilty ofan offence.


(9) A person who wilfully obstructs or hinders, orwilfully attempts to obstruct or hinder an Inspectorexercising any of his powers under this Act is guilty ofan offence.

(10) A person who, following a lawful request by anInspector, wilfully fails to produce any measuringdevice, goods, books, document, or record which theInspector is entitled to examine by virtue of his powersunder subsection (1), is guilty of an offence.

(11) Any person who, not being an Inspector, acts orpurports to act as an Inspector, is guilty of an offence.

8. (1) The Chief Inspector shall appoint, and givepublic notice of, the times and places at which membersof the Inspectorate shall attend with the necessaryWorking Standards, testing and other equipment for thepurposes of examining and determining the accuracy ofall prescribed measuring devices submitted to them.

(2) Where upon such examination and determina-tion of the accuracy referred to in subsection (1) anInspector finds that a prescribed measuring devicesatisfies the requirements of the appropriate regula-tions made under section 23, he shall stamp it in amanner prescribed and issue such certificate as maybe prescribed but a stamp applied in pursuance of thissection shall be valid only so long as the certificatereferred to remains in force, and has not been cancelledby an Inspector acting in pursuance of section 7(1)(d).

(3) Where a prescribed measuring device is in theopinion of the Inspector, too small or too delicate to bestamped but nevertheless satisfies the requirements ofthe appropriate Regulations made under this Act, heshall issue a certificate endorsed to this effect.


Stamping byInspectors

(4) Where any prescribed measuring device cannotreasonably be brought to the Inspector, he shall, ifrequested to do so, attend at the premises where themeasuring device is and there deal with it in themanner referred to in subsection (2).

(5) An Inspector is guilty of an offence who— (a) knowingly stamps a measuring device or

issues a certificate in respect thereof other-wise than in accordance with the provisionsof this Act;

(b) knowingly stamps or issues a certificate inrespect of a measuring device submitted tohim without collecting the prescribed fee;and

(c) acts in contravention of section 6(2) byengaging in or being associated withany business of selling, manufacturing,assembling, importing, repairing oradjusting of measuring devices except asauthorized in writing by the Bureau.

9. (1) A person is guilty of an offence who inconnection with trade uses or has in his possession foruse, any—

(a) measuring device giving indications,results, readings or information in or basedon a unit of measurement other than a unitreferred to in section 3;

(b) prescribed measuring device which does notbear a stamp or which bears a stamp thatis no longer valid having regard to theprovisions of section (2), or which has beenobliterated by an Inspector acting inpursuance of section 7(1)(d);

(c) measuring device which is false orfraudulent; or

(d) prescribed measuring device which, sincelast stamping, has been altered or adjustedin such a manner that could not bere-stamped.


Measuring devicesused for trade

(2) Where a person is charged with an offenceunder subsection (1) it shall be a defence to prove—

(a) that a stamp properly applied on a measur-ing device has become defaced through fairwear and tear, and a certificate issued inpursuance of section 8(2) remains in force;or

(b) that a certificate issued in pursuance ofsection 8(3) remains in force.

(3) A person is guilty of an offence who sells, agreesto sell, offers for sale or exposes or advertises in such amanner as to constitute an invitation to treat, anymeasuring device for use in connection with trade whichis false or fraudulent or which is not in conformity withthe Regulations made under section 23.

10. (1) A person is guilty of an offence who, in thecourse of the business of—

(a) selling goods by quantity expressed inunits of measurement sells any goods thequantity of which, subject to the prescribedlimits of error, is less than the quantitycontracted to be sold or less than thequantity corresponding with the price paidor to be paid;

(b) selling goods by quantity expressed in unitsof measurement—

(i) sells or agrees to sell;

(ii) has in his possession for sale; or

(iii) exposes or advertises in such amanner as to constitute aninvitation to treat,

any goods of a quantity, subject to theprescribed limits of error, less than thequantity declared, purported or implied;


Prohibition of falseweight measure ornumber inconnection withtrade

(c) rendering a service or providing the use ofa facility on the basis of a measurement,renders that service or provides thatfacility on the basis of a lesser measurementthan the measurement on which theunderlying contract is based or less thanthat corresponding with the price paid or tobe paid; or

(d) carrying, removing, repairing, handling,cleaning, cropping or otherwise processingany goods, land or building on thebasis of quantity expressed in units ofmeasurement—

(i) makes a misrepresentation; or (ii) commits any other act calculated to

mislead any person,

as to the quantity of the goods, land orbuilding purported to be carried, removed,repaired, handled, cleaned, cropped orotherwise processed.

(2) Subject to the provisions of subsection (3) andsubject to any limits of error, a statement or declarationof the quantity of a pre-packed article shall be deemedto be a statement as to the net quantity of that article atthe time of exposure for sale.

(3) Notwithstanding subsection (2), unlessexpressly prohibited by the Regulations, it shall belawful for a statement or declaration of quantity madein respect of a pre-packed article to contain qualifyingwords purporting to specify that the quantity declaredwas the net quantity at the time of pre-packing.

(4) Where a statement or declaration of quantityin respect of a pre-packed article contains qualifyingwords as mentioned in subsection (3), a person—

(a) selling or agreeing to sell that article;(b) having that article in his possession for

sale; or


(c) exposing or advertising that article in sucha manner as to constitute an invitation totreat,

is guilty of offence if it is shown that the quantity at thetime of packing was, or must have been, less than thequantity stated or declared.

(5) Unless otherwise agreed, where there is anagreement to sell goods, not being a pre-packed article,any statement or declaration as to the quantity of thosegoods shall be deemed to be a statement or declarationof the net quantity at the time when the seller is readyand willing to deliver those goods to the buyer.

(6) Where a dispute arises as to whether or notgoods are pre-packed, the absence of any markings onthe container, in accordance with this Act, shall not beconclusive proof that the goods are not pre-packed.

11. Where a measuring device, subject to control byvirtue of the provisions of this Act is found in thepossession of any person carrying on trade or at anyplace or on any premises which are used in connectionwith trade, that person or, as the case may be, theoccupier of those premises or that place shall be deemedfor the purposes of this Act, unless the contrary isproved, to have that measuring device in possession foruse in connection with trade.

12. (1) The Bureau shall maintain and publishannually a register of public measuring devices inTrinidad and Tobago.

(2) The Minister may cause to be provided andmaintained at public expense such public measuringdevices as appear to him to be necessary for thepurposes of this Act.

(3) The Minister may by Regulation prescribe thefees, if any, to be paid for the use of public measuringdevices provided under this section and thecircumstances under which such fees shall be paid.


Evidence ofpossession

Register of publicmeasuring devices

(4) No person shall operate a public measuringdevice unless he holds a certificate from the Bureau.

(5) A person who contravenes or who causes orpermits another to contravene subsection (4) is guilty ofan offence.

13. (1) The Bureau shall maintain and publishannually a register of the names of persons carryingon the business in Trinidad and Tobago of selling,manufacturing, assembling, importing, exporting,repairing or adjusting prescribed measuring devices foruse in trade.

(2) No person carrying on the business of selling,manufacturing, assembling, importing, exporting,repairing or adjusting prescribed measuring devices foruse in trade shall be eligible for inclusion in the registermentioned in subsection (1) unless he holds a certificatefrom the Bureau certifying his fitness to carry on such abusiness.

(3) A person employed in the business of repairingor adjusting prescribed measuring devices as a persondirectly responsible for such repair or adjustment, shallhold a certificate from the Bureau, certifying his fitnessfor such employment.

(4) A person referred to in subsections (2) and (3)who engages in business without having the certificatefrom the Bureau is guilty of an offence.

(5) A person is guilty of an offence who knowinglymanufactures, assembles, imports or knowingly causesto be manufactured, assembled or imported a measuringdevice for use in connection with trade other than aprescribed measuring device.

(6) A person who, being a person carrying on thebusiness of repairing or adjusting prescribed measuringdevices, employs any other person to be directlyresponsible for such repair or adjustment is guilty of anoffence unless that other person so employed holds acertificate referred to in subsection (3).


Register ofmanufacturers, etc.,of measuring devices

14. A person is guilty of an offence who—

(a) forges or counterfeits or causes to be forgedor counterfeited or is party to the forging orcounterfeiting of any stamp or certificateused under this Act;

(b) knowingly sells, imports, exports, utters ordisposes of or is party to the selling,importing, exporting, uttering or disposingof any measuring device bearing a forged orcounterfeit stamp or having a forged orcounterfeit certificate associated therewith;and

(c) removes or causes to be removed a stampfrom a measuring device and affixes orapplies that stamp to another measuringdevice.

15. (1) Where a fraud is committed in the use of ameasuring device, the person committing the fraudand any person who is a party thereto is guilty of anoffence.

(2) A person is guilty of an offence who—(a) being a person employed to operate a

measuring device and in connection withtrade, with intent to deceive, either deliversa false statement of a measurement madeby him, or makes a false record of any suchmeasurement; or

(b) with intent to deceive the buyer or prospec-tive buyer of a motor vehicle in which anodometer is installed, alters, adjusts orreplaces that odometer in such a mannerthat as a result of such alteration, adjust-ment or replacement the total distanceindicated on the odometer is other than thetotal distance travelled by the vehicle.


Fraud inconnection withmeasuring devices

Forgery

16. (1) Proceedings for offences under this Act maybe instituted by or on behalf of an Inspector who mayprosecute before a court of summary jurisdiction inrespect of any proceedings instituted.

(2) No proceedings for an offence under section 9or 10 may be instituted after the expiration of theperiod of twelve months beginning with the date of thealleged offence.

(3) For the purposes of this section the date of thealleged offence is the date when the offence wasdetected.

17. (1) A person guilty of an offence under section 14or 15 is liable—

(a) on summary conviction to a fine of fivethousand dollars or imprisonment for sixmonths or to both such fine and imprison-ment; and in the case of a subsequentoffence, to a fine of ten thousand dollars orimprisonment for six months or to both suchfine and imprisonment; and

(b) on conviction on indictment, to a fine oftwenty thousand dollars or to imprisonmentfor two years or to both such fine andimprisonment.

(2) A person found guilty of an offence under thisAct or regulations made hereunder, for which nopenalty is expressly provided by this Act, is liable onsummary conviction to a fine of two thousand dollarsand in the case of a subsequent offence to a fine of fourthousand dollars.

(3) Where an offence under this Act which hasbeen committed by a body corporate and is proved tohave been committed with the consent or connivance of,or to be attributable to any neglect on the part of, anydirector, manager, secretary or other similar officer, orany person purporting to act in any such capacity, suchofficer or other person also commits an offence.


Prosecutions

Penalties for offences

(4) A person or body corporate found guilty of anoffence under subsection (3) is liable upon conviction—

(a) in the case of a person, to a fine of fiftythousand dollars; and

(b) in the case of a body corporate, to a fine ofone hundred thousand dollars.

(5) In this section “director” in relation to anybody corporate established by or under any enactmentfor the purpose of carrying on, under nationalownership, any industry or undertaking, being a bodycorporate whose affairs are managed by the membersthereof, means a member of that body corporate.

18. (1) In any proceedings for an offence under thisAct it shall be a defence, subject to subsection (2), for aperson charged to prove—

(a) that the commission of the offence was dueto a mistake or to reliance on informationsupplied by another person whom hereasonably believed to have had knowledgeof or experience in the particular subject orto reliance on the act or default of anotherperson, or to an accident or some othercause beyond his control; and

(b) that he took all reasonable precautions andexercised all due diligence to avoid the commission of the offence by himself or anyperson under his control.

(2) Where the defence provided by subsection (1)involves the allegation that the commission of theoffence was due to the act or default of another personor to reliance on information supplied by anotherperson, the person charged shall not, without leave ofthe court, be entitled to rely on that defence unless,within the period ended fourteen clear days before thehearing, he has served on the Chief Inspector notice inwriting giving information identifying or assisting in


Defences

the identification of that other person together withcopies of any warranties or other relevant writteninformation supplied by that other person.

(3) Where it appears to the Chief Inspector thatan offence has been committed by some person, and theChief Inspector is reasonably satisfied that the offencewas due to an act or default of some other person andthat the first-mentioned person would establish adefence under subsection (1), the Chief Inspector mayauthorize the taking of proceedings against that otherperson without first taking or authorizing the taking ofproceedings against the first-mentioned person; and inany such proceedings that other person may be chargedwith, and, on proof that the commission of the offencewas due to his act or default, be convicted of, the offencewith which the first-mentioned person might have beencharged.

(4) In any proceedings under this Act in respect ofany alleged excess or deficiency in the quantity of anygoods, the court shall, inter alia, have regard to—

(a) the average excess or deficiency, as the casemay be, in any goods of the same kindtested by an Inspector following aprescribed procedure for sampling andtesting, on the occasion of the allegedoffence;

(b) the number of articles tested by theInspector by comparison with the number ofarticles available for testing on the occasionof the alleged offence, where there is noprescribed procedure for the sampling of thegoods; and

(c) any relevant methods of examination andmeasurement and any relevant prescribedlimits of error.


19. Where a person is convicted of an offence inrespect of any measuring device seized or any goodsseized and detained by an Inspector in pursuance of hispowers under section 7, that measuring device or thosegoods, as the case may be, shall be liable to be forfeitedand disposed of in such a manner as the Court maydirect.

20. In any legal proceedings for an alleged offenceunder this Act a certificate of the Chief Inspector ofMetrology shall be received as prima facie evidence asto—

(a) the accuracy of any measuring device;(b) the quantity of any goods; or(c) the accuracy of any measurement.

21. Without prejudice to its powers and duties underthe Standards Act, the Bureau may—

(a) establish a Metrology Laboratory equippedwith such metrological testing equipment asit may require to carry out its functionsunder this Act;

(b) provide services for the calibration anddetermination of accuracy of measuringdevices other than prescribed measuringdevices and to charge fees for such services;

(c) examine persons seeking certificates inpursuance of the requirements of sections12 and 13, and issue such certificates topersons satisfying the Bureau as to theirfitness for the proper performance of theduties, business or employment concerned;

(d) examine patterns of measuring devices witha view to certifying—

(i) whether or not they comply withthe appropriate Regulationsmade under section 23(1)(h); or


Functions of theBureau

Disposal of seizedarticles

Certificate of ChiefInspector to beprima facie evidence

(ii) whether or not they are suitablefor use in connection with anyparticular class or classes oftrade,

and may charge fees as may be prescribedfor such examination; and

(e) do all things as are necessary and expedientto secure the proper execution of itsfunctions under this Act.

22. (1) There shall be established an AdvisoryCommittee on Metrology comprising the PermanentSecretary, or his representative, the Chief Inspector ofMetrology or his representative, the Executive Directorof the Bureau or his representative, a representativefrom the Ministry responsible for Consumer Affairs andnot more than four other persons with knowledge inmetrology as the Minister may direct.

(2) The Advisory Committee on Metrologyestablished in pursuance of subsection (1) may fromtime to time, and shall, if directed by the Minister todo so, make recommendations concerning any matterrelating to—

(a) Regulations, Orders or technical specifica-tions to be made under this Act;

(b) the provision, maintenance, custody,methods of storage or use of any NationalReference Standard, Secondary Standardor Working Standard; and

(c) any other matter respecting the administra-tion, operation or enforcement of this Act.

(3) The members of the Committee referred toin this section, one of whom shall be named by theMinister as Chairman of the Committee, shall beappointed to serve for a period of two years and shallbe eligible for reappointment.


Advisory Committeeon Metrology

23. (1) The Minister may make Regulations which heconsiders necessary for giving effect to this Act and may,in particular, make Regulations with respect to—

(a) the circumstances in which, the conditionsunder which and the manner in whichstamps may be obliterated with a view tothe cancellation of their validity;

(b) the devices and forms of devices to beincluded in classes of prescribed measuringdevices;

(c) the fees to be collected by Inspectors on thestamping or issuing of certificates in respectof measuring devices;

(d) the design of the stamps to be used for thepurposes of this Act;

(e) the form of the certificate to be issued byInspectors pursuant to the examination anddetermination of accuracy of a measuringdevice, and the circumstances under whichsuch certificates shall be cancelled;

(f) the materials and principles of constructionof prescribed measuring devices;

(g) the methods of inspection, testing andstamping of prescribed measuring devicesincluding the limits of error to be permittedand methods of sampling and testing ofgoods;

(h) the patterns of measuring devices that areapproved for manufacture, assembly,importation or exportation, and those thatare prohibited for use in trades;

(i) the methods to be used and limits of error tobe allowed by Inspectors exercising theirpowers under section 7 in relation to theexamination and measurement of goods;


Regulations

(j) the manner of performance by the Bureauand by Inspectors of their respectivefunctions under this Act; and

(k) any matter that is necessary to beprescribed under this Act.

(2) The Minister may also make Regulations inrespect of certain classes of transactions and inparticular may by such Regulations provide that—

(a) certain classes of goods shall be sold, agreedto be sold or offered for sale or exposed oradvertised in such a manner as to constitutean invitation to treat only by quantity,expressed in a manner prescribed;

(b) certain classes of goods when pre-packedshall be marked with a statement ofquantity expressed in a manner prescribed;

(c) certain classes of goods shall be pre-packedonly in quantities prescribed;

(d) certain classes of goods made up in or on acontainer for sale or delivery after sale shallbe marked with such information as toquantity as may be prescribed;

(e) certain classes of goods shall be made up inor on a container for sale or delivery aftersale, only in quantities prescribed;

(f) certain classes of goods shall be made forsale only in quantities prescribed;

(g) certain classes of goods shall not be sold,agreed to be sold or offered for sale orexposed or advertised in such a manner asto constitute an invitation to treat, unlessthe quantity of the goods, expressed in amanner prescribed, is made known to thebuyer or prospective buyer at or before suchtime as may be prescribed;


(h) when a vending machine is used inconnection with the sale of certain classes ofgoods the following information shall beprominently displayed on that machine:

(i) the name and address of the sellerof the goods; and

(ii) a statement as to the net quantitycomprised in each item of thegoods;

(i) when a coin-operated machine is used inconnection with the provision of a service orfacility on the basis of measurement, thefollowing information shall be prominentlydisplayed on that machine:

(i) the name and address of the personproviding the service or facility; and

(ii) a statement as to the measurementon the basis of which the service orfacility is offered.

(3) Regulations made under this section shall besubject to negative resolution of Parliament.

(4) A person who contravenes this Act orRegulations made under this section is guilty of anoffence.

24. (1) Nothing in this Act shall operate to create anoffence—

(a) in respect of, or in connection with goods(other than a measuring device) where it isshown that they are intended exclusivelyand specifically for export to a destinationin a country outside Trinidad and Tobago;and that they comply with the relevantlegal requirements in force in that country;and

(b) in respect of the importation or exportationof a measuring device by a person forhis own use and not for sale or use inconnection with trade.


Limitations

(2) Where goods intended specifically andexclusively for export to a destination outside Trinidadand Tobago subsequently are found not to have beenexported, this Act and the Regulations shall apply tosuch goods.

25. Any person who is refused a certificate after anexamination conducted by the Bureau in pursuance ofits powers under section 21 may, within twenty-one daysappeal in writing against the refusal to the Minister.

26. A reference in any enactment to Imperialmeasurements shall be read and construed as areference to the metric equivalent and a reference tothe Weights and Measures Ordinance shall be readand construed as a reference to this Act.

27. (1) Notwithstanding the repeal of the Weightsand Measures Ordinance, this Act shall apply to thepersons who held the positions of Inspector of Weightsand Measures as if they were appointed under it exceptthat their powers and functions shall be as prescribedby Regulations made under this Act and their positionsshall be Assistant Inspectors of Metrology.

(2) The Minister may make Regulationsprescribing the powers and functions of the AssistantInspectors of Metrology.

(3) Until Regulations referred to in subsection (2)are made, the Inspectors appointed under the Weightsand Measures Ordinance shall continue to exercise thepowers and functions assigned to them under thatOrdinance as if that Ordinance had not been repealed.

(4) For the purpose of this section the word“Inspectors” shall include Principal and SeniorInspectors of Weights and Measures.

28. The enactments set out in the first column of theSixth Schedule are repealed to the extent indicated inthe second column of that Schedule.


Conversionmeasurement

Application of theAct to the Weightsand MeasuresInspectors

Repeals

Appeals

Sixth Schedule

FIRST SCHEDULE

BASE UNITS

Physical Quantity Name of Unit Unit Symbol Definitions

Length Metre m The distance travelled by light in a vacuum during1/299 792 458 of a second.

Mass kilogram kg The unit for the measurement of mass, being a massof the international prototype of the kilogramestablished in the year 1889 by the First GeneralConference of Weights and Measures depositedas the International Bureau of Weights andMeasures.

Time second s The unit for the measurement of time, being theduration of 9 192 631 770 periods of the radiationcorresponding to the transition between the twohyperfine levels of the ground state of thecaesium-133 atom.

Electric current ampere A The unit for the measurement of electric current,being that constant current, which, if maintainedin two straight parallel conductors of infinitelength, of negligible circular cross-section andplaced one metre apart in vacuum, wouldproduce between these conductors a force equalto 2 x 10-7 newtons per metre of length.

Thermodynamic kelvin K The unit for the measurement of thermodynamictemperature, being the fraction 1/273.16 of thethermodynamic temperature of the triple point ofwater.

[Section 3(2)]

temperature

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FIRST SCHEDULE

BASE UNITS—Continued

Physical Quantity Name of Unit Unit Symbol Definitions

Luminous candela cd The unit for the measurement of luminous intensity,in a given direction of a source which emitsmonochromatic radiation of frequency 540 x 1012

hertz having a power flux in that direction of1/683 watt per steradian.

Amount of mole mol The unit for the measurement of the amount ofsubstance of a system which contains as manyelementary entities as there are atoms in 0.012kilograms of carbon 12. When the mole is used,the elementary entities must be specified andmay be atoms, molecules, ions, electrons, otherparticles or specified groups of such particles.

intensity

substance

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SECOND SCHEDULE

PART I

SI Derived Units expressed in terms of base units

Quantity SI Unit Name Symbol

area square metre m2

volume cubic metre m3

speed, velocity metre per second m/s, ms-1

acceleration metre per second squared m/s2, ms-2

wave number 1 per metre m-1

density, mass density kilogram per cubic metre kg/m3, kgm-3

current density ampere per square metre A/m2, A/m-2

magnetic field strength ampere per metre A/m, A/m-1

concentration (of amount of substance) mole per cubic metre mol/m3, mol m-3

specific volume cubic metre per kilogram m3/kg, m3kg-1

luminance candela per square metre cd/m2, cd m-2

[Section 3(2)]

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SECOND SCHEDULE—CONTINUED

PART II

SI Derived Units with Special Names

Expression in Expression inQuantity SI Unit Name Symbol terms of other terms of SI

units base units

frequency Hertz Hz — s-1

force Newton N — mkgs-2

pressure, stress Pascal Pa N/m2 m-1kgs-2

energy, work quantity of heat Joule J Nm m2kgs-2

power Watt W J/s m2kgs-3

quantity of electricity charge Coulomb C — Aselectric potential, volt, potential difference, Volt V W/A m2kgs-3 A-1

electromotive forcecapacitance Farad F C/V m-2kg-1s4 A2

electric resistance Ohm V/A m2kgs-3 A-2

conductance siemens S A/V m-2kg-1s3 A2

magnetic flux Weber Wb Vs m2kgs-2 A-1

angle, plane Radian rad — m/m=1angle, solid Steradian sr — m2/m2 =1magnetic flux density Tesla T Wb/m2 kgs-2 A-1

inductance henry H Wb/A m2kgs-2 A-2

luminous flux lumen lm — cdsrilluminance lux lx lm/m2 m-2cdsrabsorbed dose, specific energy imparted, Gray Gy J/kg m2s-2

kerma absorbed dose indexcelsius temperature Degree °C — K

Celsius

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SECOND SCHEDULE—CONTINUED

PART III

Examples of SI Derived Units Expressed by Means of Special Names and Base Units

Quantity SI Unit Name Symbol Expression in termsof SI base units

dynamic viscosity pascal second Pas m-1kgs-1

moment of force metre newton Nm m2kgs-2

surface tension newton per metre N/m kgs-2

power density, heat flux density, irradiance watt per square metre W/m2 kgs-3

heat capacity, entropy joule per kelvin J/K m2kgs-2K-1

specific heat capacity specific entropy joule per kilogram kelvin J/(kg.K) m2s-2K-1

specific energy joule per kilogram J/kg m2s-2

thermal conductivity watt per square metre W/(mK) mkgs-3K kelvin

energy density joule per cubic metre J/m3 m-1kgs-2

electric field strength volt per metre V/m mkgs-3A-1

electric charge density coulomb per cubic metre C/m3 m-3sAelectric flux density coulomb per square metre C/m2 m-2sApermittivity farad per metre F/m m-3kg-1s4A2

permeability henry per metre H/m mkgs-2A-2

molar energy joule per mole J/mol m2kgs-2mol-1

molar entropy, molar heat capacity joule per mole kelvin J/(mol.K) m2kgs2K-1mol-1

exposure (X and Y rays) coulomb per kilogram C/kg kg-1sAabsorbed dose rate gray per second Gy/s m2s-3

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THIRD SCHEDULE

PART I

Permitted Units

Physical Quantity Name of Unit Unit Symbol Definition

time Minute Min 1 min = 60sHour H 1 h = 60 minDay D 1 d = 24hWeek Wk 1 wk = 7dcalendar year Yr 1 yr = 365d or 366d

(leap year)plane angular measure degree ° 1°= radian

Minute ' 1'=

Second '' 1''=volume of capacity Litre L 1 L = 1 dm3 = 10-3 m3

mass Tonne T 1 t = 1000 kgpressure Bar bar 1 bar = 100 000Pa

Standard Atmosphere Atm 1 atm = 101 325Paarea Are A 1 are = 100m2

Hectare Ha 1 hectare = 10 000 m2

temperature degree Celsius °C 1°C = 1 Kmarine and aerial nautical mile nautical mile 1 nautical mile = 1852mnavigation knot knot 1 knot = 1 nautical mile

per hour

[Section 3(2)]

NOTE—Permitted units are internationally-agreed units which are deviations from strict SI. They are permitted either because of their practicalimportance or because of their use in specialised scientific fields.

1801°

601'

60

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THIRD SCHEDULE—CONTINUED

PART II

Units used with SI in specialized scientific fields

Name of Unit Unit Symbol Value in SI Units

Electronvolt eV leV = 1.6021733 x 10-19J

unified atomic mass u 1 u = 1.6605402 x 10-27kg

astronomical unit AU 1 AU = 149597.870 x 106m

parsec pc 1 pc = 30857 x 1012m

ångström Å 1Å = 10-10m

barn b 1 b = 10-28m2

curie Ci 1 Ci = 3.7 x 1010s-1 (Exactly)

gal Gal 1 Gal = 10-2ms-2

metric carat CM 1 CM = 2 x 10-4kg

röntgen R 1 R = 2.58 x 10-4Ckg-1

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FOURTH SCHEDULE

Prefixes* for multiples and sub-multiples of base, supplementary and derived units of measurement

Prefix Symbol Definition

exa E 1018

peta P 1015

tera T 1012

giga G 109

mega M 106

kilo k 103

hecto h 102

deka da 101

deci d 10-1

centi c 10-2

milli m 10-3

micro u 10-6

nano n 10-9

pico p 10-12

femto f 10-15

atto a 10-18

[Section 3(3)]

NOTE: *SI prefixes are not applicable to the base unit—“kilogram” but applicable to the one-thousandthpart thereof, namely the “gram”. SI prefixes may be used in conjunction with some of the unitsprovided in the Fourth Schedule.

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FIFTH SCHEDULE

Customary Units of measurement deemed to be derived from the International System of Weights and Measures (SI)

Base SI Unit Name of Unit Abbreviation of from which Value

Symbol derived

UNIT OF MASS

(a) Avoirdupois Series:Pound lb kilogram (kg) 0.45359237 kilogramGrain (1/7,000 lb) gr do.

Ounce (1/16 lb) oz do.

Stone (14 lb) St do.Quarter (28 lb) Qr do.Hundredweight (112 lb) Cwt do.Ton (2,240 lb) — do.

(b) Troy Series:*Ounce Troy (12/175 lb) oz tr do.

UNIT OF LENGTH

Yard yd metre 0.9144 metreMile (1,760 yd) — do.Foot (1/3 yd) ft do.

Inch (1/36 yd) in do.

[Section 3(4)]

*For specialised use—see section 4(2).

These units shall have proportionalvalues based on the value of thepound

These units shall have proportionalvalues based on the value of theyard

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FIFTH SCHEDULE—CONTINUED



Symbol derived

UNIT OF CAPACITY MEASUREMENT

Gallon (UK or Imperial) metre 0.00454609 cubic metre (m3)Gallon (US) metre 0.003785412 cubic metre (m3)

Minim (1/76,800 gal) do.

Fluid drachm (1/1,280 gal) fl dr do.

Fluid ounce (1/160 gal) fl oz do.

Pint (1/8 gal) pt do.

Quart (1/4 gal) qt do.

*Barrel bbl met 0.1589873 cubic metre (m3)

UNITS OF VOLUME

Cubic yard cu yd metre 0.7645548757 cubic metre (m3)Cubic foot (1/27 cu yd) cu ft do.

Cubic inch (1/46,656 cu yd) cu in do.

*For specialised use—see section 4(3).

These units shall have proportionalvalues based on the value of thegallon

The units shall have proportionalvalues based on the value of thecubic yard

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Symbol derived

UNIT OF AREA

Square mile — metre 2.5899 square kilometres (km2)Acre — metre 4046.87 square metres (m2)Square yard sq yd metre 0.8361 square metre (m2)Square foot sq ft metre 0.0929 square metre (m2)Square inch sq in metre 645.16 square millimetres (mm2)

SIXTH SCHEDULE

ENACTMENTS REPEALED AS FROM THE COMMENCEMENT OF THIS ACT

Chapter of Enactment Short Title Extent of Repeal

Ch. 31, No. 15 The Weights and Measures Ordinance The whole Ordinance

Chap. 87:54 The Spirits and Spirit Compounds Act (a) section 27(b) in section 30(1) delete “27”

(Section 28)

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Passed in the House of Representatives this 12th dayof March, 2004.

J. SAMPSON-JACENTClerk of the House

Passed in the Senate this 1st day of June, 2004.

N. JAGGASSARActing Clerk of the Senate

Senate Amendments agreed to by the House ofRepresentatives this 10th day of June, 2004.

J. SAMPSON-JACENTClerk of the House


PRINTED BY THE GOVERNMENT PRINTER, PORT-OF-SPAIN

REPUBLIC OF TRINIDAD AND TOBAGO—2004

the metrology act, 2004 - gottbs.com

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