Packaged Goods (Quantity Control) Act, 1980
|
Duties of packers and importers as regards quantity of goods included in packages. |
9.—(1) It shall be the duty of a person who is the packer or importer of packages to which section 8 of this Act applies to ensure that when a group of the packages, being packages each of which is marked with the same quantity, is selected in the prescribed manner and the packages in the group or such a portion of the group as is so selected are tested in the prescribed manner by an inspector— | |
(a) the total quantity of the goods shown by the test to be included in the packages tested divided by the number of those packages is not less than the quantity expressed on each of those packages; and | ||
(b) the number of non-standard packages among those tested is not greater than the number prescribed as acceptable in relation to the number tested. | ||
(2) Where, as a result of a test in respect of a group of packages which is carried out when the packages are in the possession of the packer or importer of the packages or another person, it is shown that the packer or importer of the packages has failed to perform the duty imposed on him by subsection (1) of this section in respect of the packages, then, without prejudice to the liability of the packer or importer under section 17 of this Act in respect of the failure, it shall be the duty of the person in possession of the packages to keep them in his possession until— | ||
(a) he is authorised by an inspector to dispose of them, or | ||
(b) if he is the packer or importer of them, he has performed his duty under subsection (1) of this section in respect of the group. | ||
(3) It shall be the duty of a person who makes up packages to which section 8 of this Act applies either— | ||
(a) to use in an appropriate manner in making up the packages equipment which is both suitable and of a prescribed kind, or | ||
(b) (i) to carry out, at the prescribed time, a check which is adequate to show whether he has performed the duty imposed on him by subsection (1) of this section as regards the packages, and— | ||
(ii) so to use suitable equipment of the prescribed kind in carrying out the check, and | ||
(iii) to make, and to keep for the prescribed period, an adequate record of the check. | ||
(4) It shall be the duty of a person who is the importer of packages to which section 8 of this Act applies either— | ||
(a) to carry out at the prescribed time a check of the kind mentioned in paragraph (b) of subsection (3) of this section and to comply with subparagraph (ii) and (iii) of that paragraph as regards the check; or | ||
(b) (i) to obtain, within the prescribed period and as regards the packages, documents containing such information concerning the packages as will be adequate to show that the packer is likely to have discharged, as regards the packages, the duty which would have been imposed on him by subsection (1) of this section had the packages been made up in the State, and | ||
(ii) to retain for the prescribed period such documents. | ||
(5) For the purposes of this section a package to which section 8 of this Act applies shall be regarded as being non-standard if the quantity of the goods included in the package is less, by more than an amount prescribed for the purposes of this section, or, as may be appropriate, an amount calculated in the manner so prescribed, than the quantity expressed on the package and referred to in section 8 (1) (b) of this Act. |