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 prescribed amounts of error for the definitions of "inadequate package" and "non-standard package" under the Weights and Measures Act 1975. It also establishes the conditions that must be met for the defences provided in sections 19(5) and 19(6) of the Act to apply.
The Weights and Measures Act 1975 is the primary legislation governing the use of weights and measures in Singapore. It aims to ensure accuracy and fairness in the sale of goods by weight or measure. The Act prohibits the sale of goods in packages that are either "inadequate packages" or "non-standard packages" as defined in the law.
This 2022 regulation provides more detailed rules and requirements related to these package definitions and the defences available to sellers under the Act. It is an important piece of legislation for any business or individual involved in the sale of pre-packaged goods in Singapore.
What Are the Key Provisions?
The key provisions of the Weights and Measures (Defences under Section 19) Regulations 2022 are as follows:
Definitions of Inadequate and Non-Standard Packages (Section 2)
Section 2 of the regulations prescribes the amounts of error that determine whether a package is considered an "inadequate package" or a "non-standard package" under the Weights and Measures Act 1975. These definitions are crucial, as the sale of such packages is prohibited by the Act.
Conditions for the Section 19(5) Defence (Section 3)
Section 19(5) of the Weights and Measures Act 1975 provides a defence for the sale of a lot of packages that contains some non-standard packages. Section 3 of the regulations sets out the specific conditions that must be met for this defence to apply:
- The number of non-standard packages in a sample taken from the lot must be equal to or less than the allowed number for that sample size.
- There must be no inadequate packages in the sample.
The regulations also prescribe the sampling plans to be used for determining the sample size and allowed number of non-standard packages.
Conditions for the Section 19(6) Defence (Section 4)
Section 19(6) of the Weights and Measures Act 1975 provides a defence for the sale of a lot of packages where the average quantity of the packages equals or exceeds the stated quantity. Section 4 of the regulations sets out the specific conditions for this defence:
- The weighed average quantity of the sample must equal or exceed the stated quantity, as determined using a prescribed formula and sample correction factor.
- The appropriate number of non-standard packages in the sample must not be exceeded, as determined using the prescribed sampling plans.
How Is This Legislation Structured?
The Weights and Measures (Defences under Section 19) Regulations 2022 is a relatively short piece of legislation, consisting of 5 main sections:
- Citation and Commencement - Provides the title of the regulations and the date they came into effect.
- Inadequate Packages and Non-Standard Packages - Defines the prescribed amounts of error for these package types.
- Conditions under Section 19(5) of Act - Sets out the requirements for the Section 19(5) defence.
- Conditions under Section 19(6) of Act - Sets out the requirements for the Section 19(6) defence.
- Revocation - Revokes the previous Weights and Measures (Defences under Section 19) Regulations 2005.
The regulations also include two schedules that provide the specific sampling plans and formulas to be used.
Who Does This Legislation Apply To?
The Weights and Measures (Defences under Section 19) Regulations 2022 apply to any person or business involved in the sale of pre-packaged goods in Singapore. This includes manufacturers, importers, wholesalers, and retailers who sell goods by weight or measure.
The regulations are particularly relevant for any entity that may be accused of selling "inadequate packages" or "non-standard packages" under the Weights and Measures Act 1975. The defences outlined in the regulations provide a means for these sellers to avoid liability in certain circumstances.
Why Is This Legislation Important?
The Weights and Measures (Defences under Section 19) Regulations 2022 are an important piece of legislation for ensuring fairness and accuracy in the sale of pre-packaged goods in Singapore. By clearly defining the package types that are prohibited and the conditions for the available defences, the regulations provide clarity and guidance for businesses and consumers.
Enforcement of the Weights and Measures Act 1975 is carried out by the Singapore Weights and Measures Office, which has the power to inspect packages, test the accuracy of weighing and measuring equipment, and prosecute offenders. Penalties for selling inadequate or non-standard packages can be significant, including fines of up to $10,000 per offence.
The 2022 regulations update and replace the previous 2005 regulations, reflecting the government's ongoing commitment to maintaining high standards in this area. Compliance with the regulations is essential for any business involved in the sale of pre-packaged goods in Singapore.
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.