This Act applies to measurable products and services, measurements in trade, health, safety and the environment and any measuring instrument used for a prescribed purpose.
The objects of this Act are inter alia to –
- strengthen the enforcement of legal metrology;
- protect consumers against short measure or inaccurate measurement;
- establish a level playing field for industry; and
- support local industry competitiveness
REGISTRATION REQUIRED BY LMA
Regulation 3 provides the Requirements for registration as follows:
Any manufacturer, importer or person who offer for sale or supply any prescribed measuring instrument, product, or provides a service, falling within the ambit of the Act prior to the date of these regulations coming into effect, must apply for registration with the National Regulator within three years from the date of these regulations coming into effect.
Any manufacturer, importer or person who offer for sale or supply any prescribed measuring instrument, product, or provide a service, falling within the ambit of the Act after the date that these regulations come into effect, must apply for registration with the National Regulator within three years from the date of these regulations coming into effect.
Application for registration must be done by completing an application form available from the National Regulator and submitting the application form and any additional information required to the National Regulator.
The National Regulator must issue a certificate as evidence of registration to a person registering. Irrespective of any amendments to the registration certificate, the registration certificate is valid for a five-year period from the date of first registration, after which a new application must be completed if the business of manufacturing, importing of any commodity or product, or providing of a service is still active.
When any change in the information provided to the National Regulator occurred since registration, the registered person must notify the National Regulator within 30 days of such changes. Such changed information must be notified to the National Regulator in a format as prescribed by the National Regulator.
An amended registration certificate indicating the changes must be issued by the National Regulator.
Legal Metrology Activities
The following is a list of activities undertaken to give effect to the requirements of the Legal Metrology Act and Regulations:
Type Approval of measuring instruments used in Trade; Health; Safety and Environment.
Is the evaluation process to ascertain whether measuring instruments complies with the Act and is suitable for use for a prescribed purpose in such a way that it is expected to provide reliable measurement results over a defined period. A Type Approval certificate shall be issued on successful completion of the evaluation of the measuring instrument submitted. Based on trends over the last 20 years and an analysis of the available staff as well as available man-hours all submissions for type approval projects will be completed within an average processing time of 120 working days per application.
Type evaluation of Gaming Equipment
Legal Metrology is also responsible for evaluating of test reports from NGB licensed test laboratories to determine compliance with the requirements of the compulsory specifications with the view of issuing a Letter of Certification (LOC) for compliant gaming and gambling equipment under the authority of the National Gambling Act, 2004 (Act 7 of 2004). Issuing of a LOC, after evaluation of test report to specific requirements in relation to hardware and/or software of gambling machines. From Gaming analysis, it is evident that all applications for LOCs will be issued within an average processing time of 21 working days per application.
Market surveillance
Market surveillance is performed to determine compliance with the prescribed requirements of the Legal Metrology Act, 2014 (Act 9 of 2014) and Regulations; any measuring instrument, product or other related matter which may in terms of this Act be inspected are inspected.
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pre-packaged goods to prevent short measure or/and incorrect labeling from entering the market.
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measuring instruments to prevent the use of false, defective, or inaccurate measuring instruments.
- Application of sanctions in instances of non-compliance through directives/rejection, warnings, and recommendations for prosecution
Designation of verification and repair bodies
This is a process of ensuring compliance to legislation through the use of bodies designated to perform verifications on behalf of the Regulator. Private organizations can be designated as a verification and repair body. A letter of designation is issued to competent/accredited laboratories to verify or repair measuring instruments under the control of Legal Metrology. Certificates of designation will only be issued to successful applications that met all prescribed criteria. In the monitoring of the designation, the Legal Metrology unit conduct annual inspections at designated verification and repair bodies. Legal Metrology also provide lead and technical assessors expertise to the SANAS Verification and Repair Laboratory Accreditation Program
Verification
Verification is the process of determining whether instruments are in compliance to type approval requirements and accurate within the tolerances as prescribed by the Legal Metrology Act. Legal Metrology provides verification where no designated bodies exist.
Technical Training
Assess and certify the competence of Verification Officers and that of repairers through written and practical examinations by NRCS assessors. Verification Officer and Repairer Certificates are issued to all successful candidates once the following has been completed.
- Evaluation and registration of verification officers working in designated verification bodies.
- Evaluation and registration of repairers working in designated repair bodies
Calibration Services
To provide calibration service to verification bodies (client), market surveillance inspectors, and type approval with the aim of ensuring traceability to National Standards (Physical) of the working standards used to do verification and inspection. On completion of the calibration process, the client or regional office will be issued with a calibration certificate. It is a requirement of the Legal Metrology Act that all working standards be calibrated annually. Legal Metrology further provide calibration service to industry to ensure accuracy and traceability to International and National standard on the following:
- Mass pieces and
- volumetric measures
Quantity and Measurement mark schemes
The Quantity and Measurement mark schemes are voluntary schemes to pre-packers facilitating the Control of the contents in prepacked packages in terms of SANS 1841 and the Manufacture of measuring container bottles in terms of SANS 1840, which enable smooth trade both national and international.
- ℮ – mark for importers and local manufacturers;
- Э – mark for Measuring Container Bottles.
No person may use these marks unless registered with NRCS.
Quality Management Systems Accreditation
Legal Metrology adopted and maintains accreditation on a number of Management Systems to ensure the level of confidence in operations through consistent application and interpretation of requirements.
- The type approval and 4 calibration laboratories situated in Durban, Pretoria, Port Elizabeth and Cape Town are accredited under ISO 17025,
- Market surveillance function is accredited under ISO 17020
Harmonizing of International, Regional and Local Standards
This is achieved through participation in strategic Structures and Technical Committees on an International, Regional and National level. This process includes the hosting of the secretariat in some committees, commenting, and voting in the interest of South Africa. In response to demands for goods that are safe and environmentally friendly, governments and their regulators are adopting various approaches when imposing technical regulations. These technical regulations may involve product standards, conformity assessment such as product certification, testing, and inspection, pre-or post-market requirements as well as sanctions if the products fail to meet the requirements set out in various technical regulations.
As a result of the multiplicity of approaches used by governments and their regulators, it is difficult for enterprises, specifically enterprises from developing countries, to meet requirements in both the domestic and the export market. Access to the appropriate underlying technical institutional capacity, through a strategy supported by Government, is therefore crucial to realizing and maintaining market access for South Africa.
The adoption of OIML recommendations is crucial for growth initiatives and sector-specific expansion as they will ensure compliance to international standards as well as to WTO/TBT agreement obligations and will ensure easier market access to foreign markets.
Commitments
Regional
In pursuing the Free Trade Agreement (FTA) in SADC the member countries finalized a Technical Barrier to Trade Annex to the Trade Protocol in 2008. The aim of the annex is to create a framework in terms of which Southern African Development Community countries can identify, prevent and eliminate unnecessary technical barriers to trade amongst themselves. The focus of the Annex is on harmonizing standards, technical regulations, and conformity assessment procedures with a view to facilitate and increase trade. The work of these committees has mostly been reactive over the past years. The opportunity however exists for a more proactive approach that will respond to the SADC Program on Industrial Upgrading and Modernization once it is finalized. Legal Metrology represents South Africa in the Cooperation of Legal Metrology forum called SADCMEL. South Africa further hosts the secretariat and a technical committee on the sale of goods.
Continental
There is a need for coordination of the technical infrastructure at an African level in order for the infrastructure to be able to respond to the needs of Africa’s industrialization efforts. The objectives of the coordination will be to promote cooperation and collaboration between the sub-regions of Africa in the area of quality infrastructure, the provision of a suitable environment for the production of quality goods and services, thus contributing to industrial development in Africa and the progressive elimination of TBTs amongst the African sub-region.
South Africa is a founding member of the Intra Africa Metrology System (AFRIMETS) through its participation in SADCMEL.
International
International Organisation of Legal Metrology (OIML)
The International Organization of Legal Metrology (OIML) is an intergovernmental treaty organization whose membership includes the Member States, countries that participate actively in technical activities, and Corresponding Members, countries that join the OIML as observers. The OIML was established in 1955 in order to promote the global harmonization of legal metrology. Since its inception, the OIML has developed a worldwide technical infrastructure that provides members with metrological guidelines for the elaboration of national and regional requirements concerning the manufacture and use of measuring instruments for legal metrology applications as well as the sale of goods.
South Africa, a member state and is represented by the General Manager of Legal Metrology and continues to play a pivotal role in enhancing South Africa’s competitiveness by ensuring effective participation in various technical committees of the OIML. Legal Metrology also hosts the Secretariat for OIML TC 6 dealing with pre-packaged products.
The OIML Mutual Acceptance Arrangement ("MAA")
The purpose of the MAA is to introduce protocols in the OIML Certificate System, which increase confidence in OIML Certificates and establish a worldwide multilateral agreement, which offers a wider scope than bilateral or regional agreements. The MAA, which is a framework document, allows for DoMCs which will be signed for categories of instruments in the OIML Certificate System. By signing these DoMCs, participants will declare confidence in the test results issued by other participants.
Participants will be of two kinds:
- Those who issue Test Reports (they will provide evidence of competence, impartiality, and quality);
- Those who utilise Test Results to issue national type approvals (South Africa is an utiliser)
Agreements
To date, South Africa has signed the MAA as utilizing a member of this scheme. The Legal Metrology unit has the following agreement in place:
Legal Metrology has an MOU with SANAS which addresses all accreditation matters on the relevant regulatory matters relating to verification and repair bodies.
Technical Co-operation Agreement with Namibia
Legal Metrology has a technical co-operation agreement with Namibia dealing with matters of type approval and the recognition of training for Namibian Standards Institute (NSI) employees and for repairers registered by the NSI.
Legal Metrology has an agency agreement with the SABS to sell national standards in Bloemfontein on behalf of the SABS.
Approval and Inspection
LIST OF VC/TR'S AND REGULATED PRODUCTS
LOc and Application PROCESSES
| Title |
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| LM Section 11 registration form |
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| Application for Designation Verification |
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| Application for Registration Sealing Pliers |
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| Application for Designation Repair |
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| Application VO |
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Database of Approved Products
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| Database of approved Natural Gas Meters as of 10 Feb 2022 |
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| Database of water meters above 30mm as of 10 Feb 2022 |
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| Database of approved Measuring Instrument as of 10 Feb 2022 |
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| Database of Approved Measuring Instruments-26 August 2022 |
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| EMARK-DATABASE |
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| Database of Approved Measuring Instruments-06 Jul 2023 |
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| Repair Body Database 2022-11-23 |
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| Verification Body Database 2022-11-23 |
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| Database of Approved Measuring Instrument as of 06 Jul 2023 |
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Frequently Asked Questions
Many regulations relating to trade (e.g. consumer protection), health, safety and environmental protection set measurement-based requirements and indeed requirements for measuring instruments used for such purposes is most usually regarded as “Legal Metrology”. Legal metrology is thus the application of legal requirements to measurements and measuring instruments.
In every transaction, an impartial unseen third party watchdog is an essential element to ensure fair and honest play;
Legal Metrology Business Unit is mandated to ensure that consumers receive the correct measure of goods declared by the importer, manufacturer, or retailer on pre-packaged goods or, where a measuring instrument is used to conclude a transaction, it remains accurate within prescribed limits. In short, both industry and consumers are protected, which ensures fair trade. This is achieved by doing the following:
Ensuring that prescribed measuring instruments used for trade are type approved for proper design, construction and accuracy taking into account South African climate and environment before they are allowed to be sold into the market for trade purposes
Conducting inspection on goods and measuring instruments to ensure that importers, manufacturers, and retailers use approved and accurate measuring instruments for trade and that where there is pre-packing of goods, there is no short measure
Through our calibration laboratory we are providing traceability of accuracy to National Standard for verification and inspection standards, also standard used to approve measuring instruments
Under the National Gambling Act, we are mandated to evaluate and approve gaming hardware and software by issuing a Letter of Certification
Providing technical input into national, regional, and international standard development in the metrology domain. e.g. International Legal Metrology Organization (OIML) SADCMEL and AFRIMETS. The NRCS represents South Africa on the Legal Metrology matters on the forums mentioned above.
The
℮-mark is a voluntary registration scheme in terms of SANS 1841, underwritten by NRCS Legal Metrology to ensure a consistent implementation of quantity control measures and gives consumers a guarantee that prepackaged goods bearing the mark are compliant with the average packing system. The scheme is also a mechanism designed to enable Industry to regulate themselves, to instil consumer confidence in pre-packaged goods, and promote international and cross border trade.
Local Packer: The packer must submit an application for assessment of the packer’s quantity control process to the Legal Metrology. The application shall include the complete documentation of the system to be implemented as well as an application form, on which the packer shall include the range of products to be registered under the quantity control scheme. The documentation submitted shall at least include the elements of the quantity control guidelines and the applicable standard.
Importers: Importers must submit an application form, a product list, and proof of compliance of the product(s) as required by the three packing rules to Legal Metrology.
FEES
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| Government Gazette Fees |
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