Statute Details
- Title: Weights and Measures (Defences under Section 19) Regulations 2022
- Full Title: Weights and Measures (Defences under Section 19) Regulations 2022
- Act Code: WMA1975-S894-2022
- Type: Subsidiary Legislation (sl)
- Commencement Date: 21 November 2022
- Parts: N/A
- Key Sections: Section 2: For the purpose of the definitions of "inadequate package" and "non‑standard package" in section 2(1)
- Related Legislation: Measures Act 1975, Measures Act 1975, Timeline Authorising Act
What Is This Legislation About?
The Weights and Measures (Defences under Section 19) Regulations 2022 is a piece of subsidiary legislation enacted under the Weights and Measures Act 1975 in Singapore. This regulation sets out the specific conditions and requirements that must be met in order for a person to establish a defense under Section 19 of the Weights and Measures Act 1975.
Section 19 of the Weights and Measures Act 1975 deals with the sale of goods in inadequate packages or non-standard packages. This regulation provides clarity on what constitutes an "inadequate package" and a "non-standard package" for the purposes of Section 19, as well as the specific conditions that must be met in order for a person to successfully raise a defense under Section 19(5) and Section 19(6) of the Act.
What Are the Key Provisions?
The key provisions of the Weights and Measures (Defences under Section 19) Regulations 2022 are as follows:
1. Definition of "Inadequate Package" and "Non-Standard Package"
Section 2 of the regulations prescribes the amounts of error that will be considered as an "inadequate package" or a "non-standard package" for the purposes of Section 2(1) of the Weights and Measures Act 1975. These amounts are specified in the First Schedule of the regulations.
2. Conditions for Defense under Section 19(5)
Section 3 of the regulations sets out the conditions that must be met in order for a person to establish a defense under Section 19(5) of the Weights and Measures Act 1975. Specifically:
- The number of non-standard packages in a sample of packages taken from the lot of packages must be equal to or less than the number of non-standard packages allowed for the sample.
- There must be no inadequate packages in the sample.
- The sampling plan to be used is specified in the Second Schedule, depending on the size of the lot of packages.
3. Conditions for Defense under Section 19(6)
Section 4 of the regulations sets out the conditions that must be met in order for a person to establish a defense under Section 19(6) of the Weights and Measures Act 1975. Specifically:
- The weighed average quantity of any sample of packages taken from a lot of packages must equal to or exceed the quantity stated on the package or label attached to it. The formula for determining this is provided in the regulations.
- The appropriate number of non-standard packages in the sample must not exceed the number allowed for the sample, as specified in the Second Schedule.
- The sampling plan to be used is specified in the Second Schedule, depending on the size of the lot of packages.
4. Revocation of Previous Regulations
Section 5 of the regulations revokes the previous Weights and Measures (Defences under Section 19) Regulations 2005.
How Is This Legislation Structured?
The Weights and Measures (Defences under Section 19) Regulations 2022 is a relatively short piece of subsidiary legislation, consisting of 5 sections and 2 schedules.
Section 1 provides the citation and commencement of the regulations. Section 2 defines the terms "inadequate package" and "non-standard package" for the purposes of the Act. Sections 3 and 4 set out the specific conditions that must be met in order to establish a defense under Sections 19(5) and 19(6) of the Act, respectively. Section 5 revokes the previous regulations on this topic.
The First Schedule specifies the prescribed amounts of error that will be considered as an "inadequate package" or a "non-standard package". The Second Schedule sets out the sampling plans to be used in determining compliance with the conditions in Sections 3 and 4.
Who Does This Legislation Apply To?
The Weights and Measures (Defences under Section 19) Regulations 2022 apply to any person who is charged with an offense under Section 19 of the Weights and Measures Act 1975 for selling goods in inadequate packages or non-standard packages.
The regulations provide the specific conditions and requirements that such a person must meet in order to establish a defense under Section 19(5) or Section 19(6) of the Act. This includes requirements around the sampling and testing of packages, as well as the permissible amounts of error.
Why Is This Legislation Important?
The Weights and Measures (Defences under Section 19) Regulations 2022 are important because they provide clear and detailed guidance on the specific conditions that must be met in order to establish a defense under Section 19 of the Weights and Measures Act 1975.
Section 19 of the Act prohibits the sale of goods in inadequate packages or non-standard packages, and imposes penalties for such offenses. The regulations ensure that there is a consistent and transparent framework for determining what constitutes an "inadequate package" or a "non-standard package", and the specific steps that a person must take in order to avoid liability.
This is important for businesses and individuals involved in the sale of packaged goods, as it provides them with certainty and clarity on their legal obligations and the defenses available to them. It also ensures that the enforcement of Section 19 is carried out in a fair and consistent manner.
Ultimately, the regulations play a key role in upholding the integrity of the weights and measures system in Singapore, and protecting consumers from being sold goods in packages that do not accurately reflect the quantity of the product.
Related Legislation
- Weights and Measures Act 1975
Source Documents
This article provides an overview of the Weights and Measures (Defences under Section 19) Regulations 2022 for legal research and educational purposes. It does not constitute legal advice. Readers should consult the official text for authoritative provisions.