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Ensuring the suitability of

measuring instruments for legal

metrology

Presented by: J Marneweck

Senior Manager Inspections

Legal Metrology

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INTRODUCTION TO NRCS

The NRCS is

responsible for legal

metrology in South

Africa…..

A REGULATORY BODY IS A SCARY THING

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LEGAL METROLOGY FOUND A HOME

The National Regulator for Compulsory

Specifications was established on 1 September 2008

to:

• Protect the health and safety of the public and environment

• Ensure fair trade

• Administer and maintain Compulsory Specifications/ Technical

Regulations

• Market surveillance

NRCS Act ( Act 5 of 2008)

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NRCS AS REGULATOR

Areas of operation

– Automotive

– Chemical, Mechanical and Materials

– Electrotechnical

– Foods and Associated Industries

– Legal Metrology

– Construction

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LEGAL METROLOGY

Legal Metrology is a unit within the NRCS and is responsible for the implementation of the requirements of the Legal Metrology Act, 2014 (Act 9 of 2014)

Primarily dealt with Trade

Metrology before 2014

The ACT applies to

measurable products and

services, measurements in

trade, health, safety and the

environment and any measuring

Instrument used for a prescribed purpose

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LEGAL METROLOGY - HISTORY

• Before 1922

– Johannesburg Municipal Assize Department established in 1902

• 1922 to 1961

– Weights and Measures Act of 1922

– Came into force 27th April 1923

– Development of staff, accessibility of services

and technical infrastructure were key focus areas

• 1961 to 1991

– In 1973 the Trade Metrology Act of 1922 was repealed and

replaced by a new Trade Metrology Act, Act 77 of 1973

– Modern approach

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LEGAL METROLOGY - HISTORY

• 1991 to 2008 (SABS Period)

– Operational emphasis on self-regulation

– Establishment of Accredited Verification Laboratories

• 2008 to (NRCS Period)

– the dti embarked on Legal Metrology review

– The new Legal Metrology Act was assented to on 19 May 2014

– Operation under the Act commenced on 1 August 2014

– Regulations published 24 August 2018

VOLUNTARY vs REGULATORY STANDARDS IN LM

A voluntary standard is a standard established

generally by a private-sector body and that is available for

use by any person or organization, private or

government.

The term includes what are commonly referred to as

"industry standards" as well as "consensus standards.

Regulatory standards are

administrative and technical

procedures performed by or

on behalf of Government to

ensure control of a product

and/ or the credibility of

measurements/ service to

ensure the protection of

trade, health, safety and the

environment in a country

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SO THAT BRINGS US TO LEGAL METROLOGY

LEGAL METROLOGY IS

practice and process of applying statutory and regulatory structure and enforcement to metrology

– setting up legal requirements,

– control / conformity assessment of

regulated products and regulated

activities,

– supervision of regulated products and

of regulated activities, and

– providing the necessary infrastructure

for the traceability of regulated

measurements and measuring

instruments to SI or national standards

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AN EXAMPLE OF METROLOGY FOUND IN HISTORY

Ancient Egypt

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EXAMPLE OF METROLOGY - ANCIENT EGYPT

▪ Realization of standard unit of length

▪ the Royal Cubit

▪ length of Pharaoh’s forearmplus the width of his palm

▪ Primary standard

▪ kept by “Royal Cubit Master”

▪ Cut in granite

▪ Uniformity of length measurement in Egypt had a relative accuracy of 0.05 % over a distance of 230 m

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EXAMPLE OF LEGAL METROLOGY IN EGYPT

▪ Standard unit of length▪ the Royal Cubit

▪ Primary standard▪ Cut in granite

▪ kept by “Royal Cubit Master”

▪ Measuring instruments▪ Requirements of wooden cubit

sticks specified by decree

▪ Verified against primary standard

▪ Verification▪ Re-verification of wooden cubit

sticks on each full moon

▪ Sanction▪ Penalty for non-compliance death

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WITHIN THE TI OF SOUTH AFRICA

Policy, legislation

and regulation

Measurement traceability (scientific

metrology incl. industrial)

Documentary standards,

requirements,methods of

test

Claims of conformity, verification, calibration, certification

Accreditation, peer

assessment

Technical outcomes that

society can trust, and use

in decision making

Approval, Verification,

Market surveillance,

Sanctions against TR

Parliament, Government Departments

With input from Business, Labour,

Consumer Groups

and other

standards

bodies

including

Government, inspections,

certification and accreditation bodies and laboratories

Other Government Regulators

Assess,

Calibrate,

Evaluate,

Examine,

Verify,

Inspect,

Test

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EXAMLES OF METROLOGY IN TRADE TODAY

– Sale of pre-packed goods – where goods are packed at

premises other than the one where the purchase takes

place e.g.

• 1 kg Flour – packed by SASCO Mills sold by Pick & Pay

• 450 ml Beer – Packed by SAB sold in bottle store

• 2 l Milk – Packed by Clover sold in café

– Sale of goods – where measuring instruments are used to

measure the quantity in the presence of the purchaser e.g.

• Meat - sold by a butcher by mass using a scale

• Fuel – sold by a gas station by volume using a liquid fuel

dispenser

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EXAMLES OF METROLOGY

• HEALTH

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EXAMLES OF METROLOGY

• SAFETY

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EXAMLES OF METROLOGY

• ENVIRONMENT

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e.g. SUITABILITY OF MEASURING INSTRUMENTS

▪ SANS 458 clause 4.4 - Prepackages

▪ Instrument used for measuring -

▪ Shall generally be of an approved type

▪ Shall have a valid verification status

▪ In-service MPE for the quantity measured shall not

exceed the applicable tolerance (T) for the goods being

measured

▪ Shall not be used to measure quantities below any

minimum quantity to be measured by the measuring

instrument

▪ A product taken out of bulk at the time of sale or product

made up for sale on retail premises from where it is sold

shall be a type permitted for direct sales to the public

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FUNCTIONS OF NRCS UNDER THE LEGAL

METROLOGY ACT

• Administration and maintain LM technical regulations

• Enforce compliance with LM technical regulations

• Type approval of measuring instruments

• Verification of measuring instruments

• Market surveillance through inspections• Ensure access to and maintain equipment required for type approval,

verification and market surveillance

• Ensure calibration services for verification standards

• Control the repair of measuring instruments

• Designation of verification laboratories

• Administration of compliance schemes (e-mark) and control of use of

distinctive marks

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WHY “TYPE APPROVE” MEASURING INSTRUMENTS

• Conformity assessment process to decide if a type of measuring

instrument complies with relevant requirements of the technical

regulation and is suitable for use for its prescribed purpose in such

a way that it is expected to provided reliable measurement results

over a defined period of time

• During the process the following aspects are evaluated:

– Design and construction

– Accuracy and repeatability

– Influence of external factors e.g.

environment, mains interference,

electrostatic discharge, EMS

– Endurance

– Protection against fraudulent use or intentional manipulations

• Compliant instruments are issued with a type approval certificate

valid for all instruments of the same type and model

• Compliant instruments marked with approval number

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OVERVIEW

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WHY VERIFY MEASURING INSTRUMENTS

• Procedure of examination that ascertain that the

measuring instrument complies with technical

regulations and the issuing of a verification certificate

and marking with a verification mark that confirms that

the measuring instrument complies with technical

regulations incl. initial and subsequent verification

• Verification activity on measuring instruments will

determine if they:

– are of an approved type and model (conformity to type)

– comply with requirements of technical regulations and

– are accurate (within prescribed tolerances/ limits)

• Provides peace of mind that measuring instruments used

to measure a product or service at the time of sale or

measurement are accurate

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WHY MARKET SURVEILLANCE ACTIVITIES

• To monitor and enforce compliance of provisions of

the Act and technical regulation

– Inspect and examine measuring instruments,

product or service

– Seize and retain or suspend the use of measuring

instruments, products or service which does not

conform

– Order person to stop offering any measuring

instruments or product for sale or service

– Order person to withdraw a measuring

instrument, product or service

that does not comply

• Protect consumers

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LEGAL METROLOGY TECHNICAL REGULATIONS

• Proposal to introduce a LM technical regulation

– Request to NRCS CEO to introduce new requirement

– If feasible NRCS will request SABS to develop SANS

– Through consultation process incl. risk and impact assessment

– Minister declare SANS or provision of SANS as technical regulation

• Interim requirements set in absence of SANS

– NRCS CEO may set requirements and conditions pertaining the use

thereof for measuring instruments, where these are not prescribed,

until a LM technical regulation is published by Minister

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LEGAL METROLOGY TECHNICAL REGULATIONS

Regulation 2(2)

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NEW DEVELOPMENTS IN LM

• Interim requirements set in absence of SANS

– Electronic tank level gauging

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NEW DEVELOPMENTS IN LM

• Interim requirements set in absence of SANS

– Electronic open road tolling points

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NEW DEVELOPMENTS IN LM

• Interim requirements set in absence of SANS

– Evidential breath analyzers

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NEW DEVELOPMENTS IN LM

• Interim requirements set in absence of SANS

– Gas meters

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FUTURE DEVELOPMENTS IN LM

• Future developments

– Speed measurement (laser/ radar)

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FUTURE DEVELOPMENTS IN LM

• Future developments

– In-motion weighing for road vehicles

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FUTURE DEVELOPMENTS IN LM

• Future developments

– Tyre pressure gauges

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FUTURE DEVELOPMENTS IN LM

• Future developments

– Electrical energy meters

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LEGAL METROLOGY LIAISONS

• Participate and represent SA at international and regional levels

• Co-ordinate, interact and manage international, regional and bilateral

interactions with other institutes responsible for LM

• International OIML

– Full OIML membership

– Participate in OIML TC’s to develop international harmonised

model technical regulations

– Holds secretariat for OIML TC 6 (Prepackaged products)

• Regional SADCMEL

– Secretariat and Regional Co-ordinator

– Participate in SADCMEL TC’s to develop regional harmonised

model technical regulations

– Chair TC 1 (Sale of goods)

• AFRIMETS

– Co-secretariat

– Vice-Chair Legal Metrology

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INTERNATIONAL LIAISON – OIML

ECONOMIC BENEFITS

• Protect life through accurate instruments/ or measurements.

• Emphasis on “fit for intended purpose” measuring instruments and

products that also ensures health, safety and protection of environment -

government objectives.

• Ensures foreign market access – more demands for reliable

measurements on exporters.

• Protect local/ regional market against non-compliant products and

services.

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IMPLICATIONS – Gimli Glider

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Correct calculation -

7 682 L × 0.803 = 6 169 kg fuel already on board

22 300 kg – 6 169 kg = 16,131 kg additional fuel required

16 131 kg ÷ 0.803 = 20 088 L additional fuel required

Actual calculation performed -

7 682 L × 1.77 = 13 597 kg

22 300 kg – 13,597 kg = 8 703 kg

8 703 kg ÷ 1.77 = 4 917 L

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ACTUAL IMPLICATIONS

Treatment of hypertension

with inaccurate or

unreliable measuring

instrument

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ACTUAL IMPLICATIONS

Treatment of hypertension

with inaccurate or

unreliable measuring

instrument

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ACTUAL IMPLICATIONS

Incorrect

radiation doses

in cancer

treatment can

have a critical

effect on our

health.

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ACTUAL IMPLICATIONS

Incorrect

radiation doses

in cancer

treatment can

have a critical

effect on our

health.

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LEGAL METROLOGY

• THANKS FOR LISTENING