The importance of weights measurements and labelling

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The importance of weights measurements and labelling

The Law

The regulation of weights and measures is necessary for science, industry, and commerce. Trade measurement laws ensure Australian consumers get what they pay for. Trade measurement laws apply to all retail and wholesale transactions where measurement determines the price.

Australia’s trade measurement laws cover: • the definition of the legal units of measurement • the use of measuring instruments for trade • testing and verification of measuring instruments • transactions by measurement • pre-packed articles and their labels • licenses that businesses require to verify measuring instruments

Equipment

Measuring instruments used for trade include: • scales (to determine weight) • rulers (to measure length) • petrol pumps (to measure volume) • utility meters • weighbridges • point of sale systems

The Authority

The National Measurement Institute (NMI) administers Australia’s trade measurement laws: • National Measurement 1960 • National Trade Measurement

Regulations 2009 NMI also maintains measurement standards and provides the legal and technical framework for the standards.

The NMI website has specific information about trade measurement laws for: • alcohol

• bread and bakery goods • firewood

• fruit and vegetables • landscape materials • meat

• seafood

• fuels

• precious metals/stones

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The Inspectors

To ensure the business complies with the law, the Department of Industry Science Energy and Resources employ trade measurement inspectors. An inspector may visit a business at any reasonable time of day. They inspect businesses • in response to a complaint or enquiry from a consumer • as part of a trade measurement compliance program

Inspector Powers

» record details of the building, place, vehicle, packages or measuring instruments by filming, photographing, or making sketches and notes » test packages by examining or measuring, which may require breaking them open » test and verify measuring instruments » check if serving licences verification marks have been properly applied and the instrument’s details have been provided to NMI » examine a packer’s, importer’s, possessor’s, or seller’s records, and take copies of documents when necessary » seize documents, records, packages or measuring instruments

» translate records or documents into English where needed

Inspector obligations

» identify themselves and produce their identity card on request » tell the person in control of the premises or vehicle that they are authorised to enter business premises or inspect a business vehicle » when entering residential premises with a warrant, provide a copy of the warrant to the controller of the premises » when entering residential premises without a warrant, seek consent from the person in control of the premises and inform them that they can refuse consent » provide a copy of any seized document or record that can be readily copied to the controller if requested » provide a receipt for anything seized

Enforcement

NMI (National Measurement Institute) has a range of enforcement options for offences under trade measurement legislation. These include: • a verbal warning • a notice of non-compliance at the end of an inspection—this notice may include remedial actions that have to be carried out by the packer, importer, possessor, or seller • a written warning • an infringement notice with associated fine • an enforceable undertaking • an injunction • prosecution • All businesses must comply with trade measurement laws if they: • sell goods by measurement (such as weighing fruit and veggies for sale) • manufacture, pack, import or sell prepackaged goods • supply or maintain measuring instruments

What businesses need to do to comply

Businesses need to ensure that the weighing/scale equipment: • is verified before use by a licensed technician • used in the correct manner (e.g., level and indicating zero before use) • kept clean and in good working order • verified after each repair or adjustment • scales that weigh and sell aren’t pre-packaged (like loose fruit and vegetables), must be positioned so that customers can easily see the weighing process • any attached modules (i.e., POS system) are approved for trade use is suitable for their intended purpose

Benefits

When a business ensures that they are compliant, the outcomes are: • satisfying customers by accurately filling orders (happy customers= happy staff/more sales= profitable business) • avoid fines • save money by not unintentionally giving away product

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It’s not just about the weighs and measurements

Another responsibility when a business supplies a product is to ensure that the labels meet certain obligations. These include • mandatory information standards, including the Country of Origin

of Food Labelling Information

Standard 2016

• industry-specific requirements, such as the Food Standards Code • labelling requirements for imported and exported products that sure it complies with the Competition and

Consumer Act 2010.

• Fair trading laws and food laws in Australia and New Zealand require that labels do not misinform consumers through false, misleading, or deceptive representations. The laws that cover this in Australia include; • Australian Consumer Law (ACL) contained in the Competition and

Consumer Act 2010 • State and Territory Fair Trading Acts and Food Acts

The Australian Competition and Consumer Commission (ACCC) enforces the Competition and Consumer Act 2010. The Food Standards Code Australian New Zealand (FSANZ) includes the general labelling and information requirements that are relevant to all foods and sets out which requirements apply in different situations (for example, food for retail sale, food for catering purposes, or an intracompany transfer). The Code also includes specific labelling and information requirements that apply to certain food products only.

Other than the weights and measurement on the label, other inclusions would be;

Name or description of the food

foods must be labelled with an accurate name or description that indicates the true nature of the food

Legibility requirements

labels must be legible and prominent, so they are distinct from the background and in English. The size of the type in warning statements must be at least 3 mm in depth, except on small packages where the size of the type must be at least 1.5 mm in depth.

Over the last year and heading into the next, the NMI will be focusing on fruit and vegetable retailers and meat and seafood wholesalers. Trade measurement inspectors will be visiting traders in these industries to assess compliance with trade measurement legislation. They will be conducting open audits as well as secret-shopper to assess compliance with trade measurement legislation.

For further information on trade measurement or on the National Compliance Plan, please visit

Trade measurement

www.industry.gov.au/ topic/regulations-andstandards#measurement Email: infotm@measument.gov.au Phone: 1300 686 664

National Compliance Plan

https://www.industry.gov.au/data-andpublications/national-measurementinstitute-national-compliance-plan

Food Standards Australia New Zealand

www.foodstandards.gov.au