Retailers - A Guide on Weights and Measures

This Topic Includes:
Rules for selling by weight or measure
Method of selling
Pre-packed goods
Suggestions to ensure compliance
Trading Standards Service contacts
Disclaimer

The Weights and Measures Act 1987 and associated regulations set out the rules for selling goods by quantity. The Ministry of Consumer Affairs Measurement and Product Safety Service enforces these rules. Retailers can expect to be visited by a Measurement and Product Safety Service Officer from time to time. They will check that the rules are being followed.

This section includes general information about the rules. For more detail contact your local Trading Standards Office.

Rules

Is the weighing or measuring equipment legal?

All weighing and measuring equipment used for selling goods by quantity must be of an approved type. Ask the Ministry about this. Equipment must be verified by a Measurement and Product Safety Service Officer or Accredited Person. The verification mark can be either a crown or the letters ‘AP’ followed by a number on a seal or sticker.

Remember, check the seal/sticker is still intact after repairs have been made.

Goods weighed in front of customers

When goods are weighed in front of the customer, they must be able to see the actual weighing and the weight.

Is the weighing equipment level and the indicator set to zero?

Regularly check the level bubble on weighing equipment, if one is fitted. Scales can be inaccurate if they are not level. The user must check that the indicator is reading zero before the scale is used.

Deducting the weight of packaging

When selling pre-packed goods or loose goods put into containers e.g. deli pottles, the weight of all packaging must be deducted from the weight sold.

Note: If you do not comply with the above, legal action may be taken against you.

Method of selling

Goods are most commonly sold by weight, measure or by number; either method is acceptable. When goods are sold by weight or measure, the sale must be made in units of the metric system, eg kilograms, grams, litres, millilitres etc.

Pre-packed goods

Pre-packed goods must be sold by net quantity. That means all packaging must be excluded from the quantity charged for.

Pre-packed goods are checked by Measurement and Product Safety Service Officers using the Average Quantity System (AQS) to ensure packages contain their stated amount. The system is designed to give consumers a better assurance that goods packed by weight, measure or number are, on average, correct.

AQS applies to packaged goods that are of the same kind and the same stated quantity e.g. 500g packs of butter. Measurement and Product Safety Service Officers will test 'lots' of packages – that is a group of packages they select when they visit.

Goods that are not packed to the same stated quantity e.g. joints of meat, are not covered by AQS. They will be tested as individual packs, known as 'catch weight goods'.

Suggestions for ensuring legal compliance

• Contact an Accredited Person to test equipment used for weighing or measuring goods. The Ministry can provide you with contact details of Accredited Persons who can carry out the work you need.

An Accredited Person is a company or individual who has been approved by the Ministry to test weighing and measuring equipment in compliance with weights and measures legislation. He or she will issue a certificate of accuracy, valid for 12 months from the date of the test. A current certificate of accuracy will assure consumers that the scale has been independently tested.

• Keep your certificate of accuracy up-to-date. This may provide you with a defence if a Measurement and Product Safety Service Officer finds your scale does not comply with the regulations.
• Regularly check the net weight or measure of packaged goods, paying particular attention to in-house packed goods.
• Remove any incorrectly weighed goods from sale and isolate them from other stock.

Implement a checking system that includes all of the above points. The system should provide adequate records and be effectively monitored by management.

Weights and Measures – Information for Retailers and Business ( This guide is available in a pdf format in English and Chinese. Instructions for obtaining the Adobe Acrobat viewer.)

Are you selling fruit, vegetables and other products by weight? If you are you must read the information provided as a pdf above. The Weights and Measures Act 1987 and associated regulations set out the rules for selling goods by quantity. The Ministry of Consumer Affairs enforces these rules. Retailers can expect to be visited by a Measurement and Product Safety Officer from time to time. The officers will check that the rules are being followed.

Contact details for the Measurement and Product Safety

Tel:  0508 MAPSS Info (0508 627 774)

International Clients:  0064 3 962 2580

Disclaimer

This information is not a substitute for legal advice and should be used as guidance only. We recommended that you access the Weights and Measures Act 1987 and associated regulations online at the government legislation website, or purchase a copy of legislation from a bookstore.