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Legal Metrology Bill, 2013

Portfolio Committee on Trade and Industry Date: 16 October 2013. Legal Metrology Bill, 2013. Purpose.

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Legal Metrology Bill, 2013

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  1. Portfolio Committee on Trade and Industry Date: 16 October 2013 Legal Metrology Bill, 2013

  2. Purpose • The purpose of this presentation is to provide the Portfolio Committee (PC) on Trade and Industry with responses on submissions made by stakeholders during the Public hearings on the Legal Metrology Bill, 2013

  3. Delegation • Mr Garth Strachan – Acting Deputy Director General: Industrial Policy Development Division gstrachan@thedti.gov.za • Mr Jaco Marneweck – Senior Manager: Inspections, NRCS marnewj@nrcs.org.za • Dr Tshenge Demana – Chief Director: Technical Infrastructure tdemana@thedti.gov.za • Ms Anna-Marie Lötter - Director: Technical Infrastructure alotter@thedti.gov.za • Mr Amos Mbele – Deputy Director: Technical Infrastructure ambele@thedti.gov.za • Ms Jacqueline Raphala – Assistant Director: Technical Infrastructure jraphala@thedti.gov.za

  4. History of Trade Metrology in South Africa • Dates back to 1902 – Weights and Measures • Since 1973 under the auspices of the Department of Trade and Industry • Function transferred in 1991 to the South African Bureau of Standards (SABS) • In 2008 it became the responsibility of the National Regulator for Compulsory Specifications (NRCS) and has a dedicated Division within the NRCS responsible for Trade/ Legal Metrology

  5. Trade Metrology • Trade Metrology (Weights and Measures) is the entirety of the legislative, administrative and technical procedures established by the Trade Metrology Act and Regulations, and implemented in order to specify and to ensure, in a regulatory or contractual manner, the appropriate quality and credibility of measurements related to trade transactions where a measuring instrument is the basis for said transactions • A few examples are • Sale of prepacked goods – scales, volume measuring instruments • Maize meal • Beer • milk • Sale of Petrol – Liquid fuel dispensers • Sale in front of customer – scales • Fresh fruit • Biltong

  6. What is Legal Metrology? Legal Metrology is the entirety of the legislative, administrative and technical proceduresestablished by, or by reference to public authorities, and implemented on their behalf in order to specify and to ensure, in a regulatory or contractual manner, the appropriate quality and credibility of measurements related to official controls, trade, health, safety and the environment

  7. Issues • General comments: • ITG • Comment : • Clarify to what extent the Bill impacts on the health industry • Response: • Where a legal metrology technical regulation refers to health measurements of products such as blood pressure monitors, thermometers etc. Currently the Act applies to preplaced medicines such as cough mixtures, bandages and dressing they already have to comply with labelling and accuracy requirements.

  8. Medical devices Scales Baby scales Incorrect diagnosis Death • Syringes • Blood pressure instruments

  9. Issues - continued General comments: Implementation of the legislation Comment: Klerkscale: The NRCS is understaffed and resourced to enforce the existing legislation. It also does not have the necessary inspections facilities to ensure legal compliance. Response: We acknowledge the concern from industry regarding the staffing and funding of the NRCS. The NRCS was established in 2008, however there is room for expansion. This bill provides for a new financing model that will put the NRCS in a position to fulfil its mandate.

  10. Issues - continued Definitions: Definition of measuring instrument Comment: NWA and SASCO: The definition should include software – ‘‘measuring instrument’’— (a) means any appliance, equipment, instrument, software or apparatus or any combination thereof by means of which a measurement of physical quantity, expressed in any measurement unit or a mathematical function of measurement unit, may be made; and (b) includes any appliance, equipment, instrument, software or apparatus or any combination thereof by means of which a grading or counting in connection with the measurement of any physical quantity or a counting by means of gravitation may be effected;” Response: the dti agrees that this definition should be changed accordingly.

  11. Issue - Continued Definition of person responsible for repairs Comment: AS: The definition should be amended to ““persons responsible for repairs” means any person who repairs a measuring instrument in accordance with the provisions of sections 9, 10 and 27.” JVPS: Does a person refer to an individual or an organisation? Response: AS: We do not agree that sections 9 should be referenced. The proposal is to amend as follows: it means any person registered in terms of section 10 to repair a measuring instrument in terms of section 27. JVPS: It refers to individuals as the organisation are designated as repair body .

  12. Issues raised Clause 4: Functions of National Regulator Comment: SACS: The NRCS, as a regulator, should not be involved in verifying measuring instruments, as this can result in a conflict of interest. Rather it should focus on supervising laboratories and end users in the industry to ensure improved levels of service to the public. They suggest removing “and verify” from section 4(1)(f) and “or verify measuring instruments” from section 4(2)(d). Response: We do not agree. There is market failure in terms of small and distant rural towns as well as where industry doesn’t serve a certain scope such as tot measures We encourage that industry should service the market fully NRCS fees are not market related and are agreed to by verification bodies on an annual basis and this could be strengthened to address the concerns above. 12

  13. Issues – Continued Clause 6: Appointment of market surveillance inspectors Comment: SACS: Market Survey Inspectors and Inspections: This new function can be very dangerous as the person appointed by the CEO of the NRCS may be related or even have an interest to the party or function it must inspect. The complete function and purpose of the section must be re-negotiated to avoid a conflict of interest or the disclosure of sensitive information or records to competitors. Response: To clarify, this is not a new function as it talks to the appointment of NRCS staff as market survey inspectors. Provision is also made to appoint another organ of state in order to not duplicate market surveillance where it already exist e.g. electricity meters are inspected by NERSA.

  14. Issues - Continued Clause 9: Designation of repair bodies Comment: AS: It is unclear why all repair bodies should be designated by the Chief Executive Officer. Response: It was decided that all repairers should register so that the NRCS have control over rogue and fly by nights repairers who repaired measuring instrument without following the rules such as the obliteration of the verification mark. This may happen in the registration process. Bear in mind that the definition of repair excludes repair that do not change the metrological integrity of the measuring instrument.

  15. Issues raised Clause 10: Registration of persons responsible for repairs Comment: AS: Proposed changes to this clause 10(1) The Chief Executive Officer may, in the prescribed manner, register any person with the prescribed competencies and who wishes to issue a guarantee as provided for in section 27(2)(b) as a person responsible for repairs of any particular kind in accordance with this Act. (2) The Chief Executive Officer must furnish a person registered under subsection (1) with a certificate stating that such person may undertake repairs in terms of this Act.” Response Do not agree. In this case is more important to register the person as he/she must know that he/she must leave the instrument complying with all type approval requirements and not fit unapproved components which might not be pick up during the verification process. 15

  16. Issues - Continued Clause 11: Registration of certain importers, manufacturers and persons who offer for sale any instrument, product or service Comment: Woolworths and SAGI: The proposal to register all products will place an administrative burden on retailers as their systems are not geared for this. Any related cost will also negatively impact on consumers. Response: Only the manufacturers and importers or retailers must be registered and not every product as implied

  17. Issues - Continued Clause 12: Advisory Forum Comment: SANCU: The establishment of an Advisory Forum by the Minister will provide a major improvement. Consumer interests should be adequately and directly represented in the Forum. Response: Agreed.

  18. Issues - Continued Clause 13: Funds of National Regulator in respect of legal metrology Comment: Tiger: sub-section (1) (c)- clarity on the envisaged services and fees should be provided Response: There’s already fees derived from services rendered

  19. Issues - Continued Clause 33: Measurement for prescribed purpose to be effected in terms of certain measuring units and by means of verified measuring instruments Comment: SAGI: Sub-section (1) – Under this provision it is an offence to make an incorrect statement, e.g. on a diagram or general plan for the sale of land. However, if the tolerances set in sub-section (2) differ from those allowed in the Land Survey Act, specifically are higher than those set in the Land Survey Act, this would compromise the functioning of the property system. Response: These issues will be dealt with in regulation We must be hesitant to mention specific Acts e.g. Land Survey Act

  20. Issues - Continued Clause 43: Schedule 2: Laws amended Comment SANCU: Amendment of section 11 of the NRCS Act – Specialist committees can provide good independent advice on a number of serious issues facing the NRCS that significantly impact on consumers. Response: Agreed

  21. Feedback to Legal Advisor • Long title and Clause 15 • Yes, regulations refer to administrative regulations whereas legal metrology technical regulations refer to requirements for a particular kind of instrument • Clause 3 • He has executive authority over the NR who administer the Act • Clause 4 • These functions is specific to legal metrology

  22. Feedback to Legal Advisor • Clause 5 • Defer to Friday • Clause 8 • Agree that sub clause (2) should contain similar wording with respect to the competence requirements • Clause 12 • A fair representation of all stakeholders on the advisory forum e.g. manufacturers, importers, consumers, labour

  23. Feedback to Legal Advisor • Clause 13 • No • Suggest that it remains “recommendation from” • Clause 15 • Agreed that the consultation process can be prescribed in the Bill • To be amended • Clause 18 • The NRCS and the personnel working for it • See powers of market surveillance inspectors • Clause 20 (2) (b), (c) and (d)

  24. Feedback to Legal Advisor • Clause 20 • Refer to SLA • Clause 21 • Refer to SLA • Clause 26 • No, the instrument is broken and no longer used for a prescribed purpose • Relates to the intentional removal of the mark

  25. Feedback to Legal Advisor • Clause 33 • Refer to SLA • Clause 34 • Yes, to include all eventualities • If there is no measurement taking place there would not be a reason to prescribe a measuring unit • Clause 36 • Refer to Technical Advisor at NRCS

  26. Feedback to Legal Advisor • Clause 37 • No, over clarification • Clause 38 • 38 (1)(l) to be referred to SLA • Yes currently used in Act. Vessel is used for something like a pressure vessel or measure • Clause 41 • Agree but suggest the following “…required in terms of any law, or as evidence in any court of law or upon court order or court subpoena; or..”

  27. Feedback to Legal Advisor • Clause 42 • Need to be aligned with Labour Relations Act • Reference to section 6 should be to the NRCS Act Schedule 2 • Clause 6(1) • Clause 6(2) • 2 terms of 5 years each with a maximum of 10 years

  28. Feedback to Legal Advisor • Schedule 2: • Clause 6(3)(c) • Do not see problem with clause • Clause 11(3)(a) • Agree, requirements of 11(4)(b)(i) to be included in 11(3)(a) • Clause 11(5) • Agree

  29. Feedback to Legal Advisor • Schedule 2: • Clause 11(6)(c) • yes, suggest “..have competence to perform effectively as member ..” • Clause 11(7)(a) • Yes, suggest the following in 11(7)(a) “….and any personal and financial interest; …” and change 11(9) to the following “..who has personal and financial interest in…” • Clause 11(9) • Numbering will be corrected

  30. Feedback to Legal Advisor • Schedule 2: • Clause 12(1) • A fair representation of all stakeholders on the advisory forum e.g. manufacturers, importers, consumers, labour • Clause 12(2) • Refers to two distinct forums

  31. Issues - Continued Policy Issues deferred to Friday 18 October 2013 • Separation of repair and verification functions and related clauses • Offences and Penalties

  32. THANK YOU

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