On 18/06/2013,
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incorporating all amendments published on or before 18/06/2013.
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PART IV
REGULATION OF CERTAIN TRANSACTIONS IN GOODS
16.
—(1) The Minister may by order make provision with respect to any goods specified in the order for all or any of the following purposes, that is to say, to ensure that, except in such cases or in such circumstances as may be so specified, the goods in question:
(a)
are sold only by quantity expressed in such manner as may be so specified;
(b)
are pre-packed, or are otherwise made up in or on a container for sale or for delivery after sale, only if the container is marked with such information as to the quantity of the goods as may be so specified;
(c)
are sold, or are pre-packed, or are otherwise made up in or on a container for sale or for delivery after sale, or are made for sale, only in such quantities as may be so specified;
(d)
are not sold without the quantity sold expressed as aforesaid being made known to the buyer at or before such time as may be so specified;
(e)
are sold by means of, or are offered or exposed for sale in, a vending machine only if there is displayed on or in the machine —
(i)
such information as to the quantity of the goods in question comprised in each item for sale by means of that machine as may be so specified; and
(ii)
a statement of the name and address of the seller;
(f)
are carried for reward only in pursuance of an agreement made by reference to the quantity of the goods in question expressed as aforesaid;
(g)
in such circumstances as may be so specified, have associated therewith in such manner as may be so specified a document containing a statement of the quantity of the goods in question expressed in such manner and a statement of such other particulars, if any, as may be specified;
(h)
when carried on a road vehicle along a road are accompanied by a document containing such particulars determined in such manner as may be so specified as to the weight of the vehicle and its load apart from the goods in question;
(i)
are not to be sold or pre-packed for sale by any weight or measure which is not a unit of the metric system; or
(j)
are not to be sold, advertised or displayed for sale at a price other than a price expressed by reference to a prescribed metric quantity.
[1/80]
(2) An order under subsection (1) may —
(a)
make provision for any of the purposes mentioned in subsection (1) in such manner, whether by means of amending, or of applying with or without modifications, or of excluding the application in whole or in part of, any provision of this Act or of any previous order made under subsection (1) or otherwise;
(b)
make such, if any, different provisions for retail and other sales respectively and for such provisions to be in force in such places or districts in Singapore as are so specified; and
(c)
contain such consequential, incidental or supplementary provision, whether by such means as aforesaid or otherwise,
as may appear to the Minister to be expedient, and may in particular make provision in respect of contraventions of the order for which no penalty is provided by this Act for the imposition of penalties not exceeding those provided by section 35 for an offence under this Act.
(3) The Minister may make regulations —
(a)
as to the manner in which any container required by any order made under subsection (1) to be marked with information as to the quantity of the goods made up therein is to be so marked;
(b)
as to the manner in which any information required by any such provision as aforesaid to be displayed on or in a vending machine is to be so displayed;
(c)
as to the conditions which must be satisfied in marking with information as to the quantity of goods made up therein the container in or on which any goods are made up for sale (whether by way of pre-packing or otherwise) where those goods are goods on a sale of which (whether any sale or a sale of any particular description) the quantity of the goods sold is required by any such provision as aforesaid to be made known to the buyer at or before a particular time;
(d)
as to the units of measurement to be used in marking any such container or machine as aforesaid with any information as to quantity;
(e)
for securing, in the case of pre-packed goods, that the container is so marked as to enable the packer to be identified;
(f)
as to the method by which and conditions under which quantity is to be determined in connection with any information with respect thereto required by this section; and
(g)
permitting in the case of such goods and in such circumstances as may be specified in the regulations the weight of such articles used in making up the goods for sale as may be so specified to be included in the net weight of the goods for the purpose of this Act,
and any person who contravenes any regulations made under this subsection otherwise than by virtue of paragraph (f) or (g) shall be guilty of an offence.
(4) The Minister may by order grant and from time to time vary or revoke, with respect to goods or sales of such descriptions as may be specified in the order or exemption, either generally or in such circumstances as may be so specified, from all or any requirements imposed by this section; and, until otherwise provided by such an order, the following shall be exempted from all such requirements:
(a)
goods made up in or on a container for sale only for use by the Singapore Armed Forces or by a visiting force within the meaning of any of the provisions of Part II of the Visiting Forces Act (Cap. 344) and not sold or offered, exposed or in any person’s possession for sale for any other use;
(b)
any sale of goods in the case of which the buyer gives notice in writing to the seller before the sale is completed that the goods are being bought —
(i)
for despatch to a destination outside Singapore; or
(ii)
for use as stores within the meaning of the Customs Act (Cap. 70) in a ship or aircraft on a voyage or flight to an eventual destination outside Singapore;
(c)
any goods sold for, or offered, exposed or in any person’s possession for sale only for, use or consumption at the premises of the seller; and
(d)
any assortment of articles of food pre-packed together for consumption together as a meal and ready for such consumption without being cooked, heated or otherwise prepared.
17.
—(1) Subject to the provisions of this Part, in the case of any goods which, when not pre-packed, are required by this Act to be sold only by quantity expressed in a particular manner or only in a particular quantity, any person who —
(a)
whether on his own behalf or on behalf of another person, offers or exposes for sale, sells or agrees to sell; or
(b)
causes or suffers any other person to offer or expose for sale, sell or agree to sell on his behalf,
those goods otherwise than by quantity expressed in that manner or, as the case may be, otherwise than in that quantity, shall be guilty of an offence.
(2) Subject to the provisions of this Part, in the case of any goods required by this Act to be pre-packed, or to be otherwise made up in or on a container for sale or for delivery after sale, or to be made for sale, only in particular quantities, or to be pre-packed, or to be otherwise made up as aforesaid, only if the container is marked with particular information, any person who —
(a)
whether on his own behalf or on behalf of another person, has in his possession for sale, sells or agrees to sell;
(b)
except in the course of carriage of the goods for reward, has in his possession for delivery after sale; or
(c)
causes or suffers any other person to have in his possession for sale or for delivery after sale, sell or agree to sell on behalf of the first-mentioned person,
any such goods pre-packed, otherwise made up as aforesaid or made otherwise than in that quantity or otherwise than in or on a container so marked, as the case may be, whether the sale is, or is to be, by retail or otherwise, shall be guilty of an offence.
(3) Subject to the provisions of this Part, in the case of any sale where the quantity of the goods sold expressed in a particular manner is required by this Act to be made known to the buyer at or before a particular time and that quantity is not so made known, the person by whom, and any other person on whose behalf, the goods were sold shall be guilty of an offence.
(4) Subject to the provisions of this Part, where any goods required by this Act to be sold by means of, or to be offered or exposed for sale in, a vending machine only if certain requirements are complied with are so sold, offered or exposed without those requirements being complied with, the seller or person causing the goods to be so offered or exposed shall be guilty of an offence.
18.
—(1) Subject to the provisions of this Part, any person who —
(a)
in relation to any matter, work, goods or other thing, makes or enters into any contract, or engages in any dealing or transaction, by reference to any weight or measure other than a weight or measure of the metric system;
(b)
uses for trade any weight or measure other than a weight or measure of the metric system;
(c)
uses for trade any weighing or measuring instrument other than a weighing or measuring instrument which weighs or measures only by reference to weights or measures other than weights or measures of the metric system; or
(d)
in the course of or for the purposes of any trade or business, uses, whether on any package, or in any price list or advertisement or otherwise, any unit of a weight or measure other than a weight or measure of the metric system, in advertising, displaying, or exposing goods for sale,
shall be guilty of an offence.
(2) Nothing in subsection (1)(d) shall apply to the use by any person of any unit of a weight or measure which is not a unit of a weight or measure of the metric system on any goods displayed or exposed for sale by retail or on the package of any such goods or on both if —
(a)
that unit is additional to a unit of a weight or measure of the metric system; and
(b)
that unit, the figures in which that unit and the numerical value of that unit are marked no larger than those of that metric weight or measure.
19.
—(1) Subject to the provisions of this Part, any person who, in selling or purporting to sell any goods by weight or other measurement or by number, delivers or causes to be delivered to the buyer a lesser quantity than that purported to be sold or than corresponds with the price charged, shall be guilty of an offence.
(2) Subject to the provisions of this Part, any person who —
(a)
on or in connection with the sale or purchase of any goods;
(b)
in exposing or offering any goods for sale;
(c)
in purporting to make known to the buyer thereof the quantity of any goods sold; or
(d)
in offering to purchase any goods,
makes any misrepresentation either by word of mouth or otherwise as to the quantity of the goods, or does any other act calculated to mislead a person buying or selling the goods as to the quantity thereof, shall be guilty of an offence.
(3) Any person who sells or offers or exposes for sale, or has in his possession for sale, by weight, measure or number, any goods enclosed in a package that states the quantity of the goods or that has a label attached to it stating the quantity of the goods shall be guilty of an offence if the weight, measure or number of the goods in the package is less than that stated on the package or label.
(4) In subsection (3), “goods” includes catch weight goods.
(5) For the purposes of subsection (3), the weight, measure or number of the goods (other than catch weight goods) in a package shall be deemed to be the same as that stated on the package or label on the package if —
(a)
the package meets the conditions prescribed by regulations made under section 37; or
(b)
the package is one package in a lot of packages that meets the conditions prescribed by regulations made under section 37.
(6) It shall be a defence for any person charged with an offence under this section in respect of a package from a lot of packages containing desiccating goods to prove that —
(a)
at any time on the day the package was made up or during a period of 7 days beginning on the day after the day the package was made up —
(i)
the weighed average quantity of any sample taken from the lot of packages, as determined in accordance with regulations made under section 37, was equal to or exceeded the quantity stated on the package or a label attached to it;
(ii)
the number of non-standard packages in any sample taken from the lot of packages was equal to or less than the appropriate number specified for the purpose in regulations made under section 37; and
(iii)
there were no inadequate packages in any sample taken from the lot of packages; or
(b)
at any time, after the close of the period specified in paragraph (a), a sample taken from the lot of packages contained no inadequate packages.
(7) [Deleted by Act 30/2005 wef 01/01/2006]
(8) For the purposes of this section, any statement, whether oral or in writing, as to the weight of any goods shall be deemed, unless otherwise expressed, to be a statement as to the net weight of the goods.
(9) Nothing in this section shall apply —
(a)
in relation to any such goods or sales as are mentioned in section 16(4)(a) or (b); and
(b)
in relation to the sales of goods with a view to their industrial or constructional use, except —
(i)
where the sale in question is or would be one which is required by this Act to be made only by quantity expressed in a particular manner or in the case of which the quantity of the goods sold is required by any provision of this Act to be made known to the buyer at or before a particular time;
(ii)
where the goods are pre-packed or otherwise made up in or on a container for sale or for delivery after sale and are goods such as are required by this Act to be pre-packed, or to be otherwise so made up, as the case may be, only if the container is marked with an indication of quantity or only in particular quantities; or
(iii)
where the goods are goods such as are required by this Act to be made for sale only in particular quantities.
20.
—(1) Subject to this section, in any proceedings for an offence under this Part or any subsidiary legislation made thereunder, being an offence relating to the quantity or pre-packing of any goods, it shall be a defence for the person charged to prove —
(a)
that he bought the goods from some other person —
(i)
as being of the quantity which the person charged purported to sell or represented, or which was marked on any container or stated in any document to which the proceedings relate; or
(ii)
as conforming with the statement marked on any container to which the proceedings relate, or with the requirements of this Act and any subsidiary legislation made thereunder with respect to the pre-packing of goods,
as the case may require;
(b)
that he so bought the goods with a written warranty from that other person that they were of that quantity or, as the case may be, did so conform;
(c)
that at the time of the commission of the offence he had no reason to believe the statement contained in the warranty to be inaccurate, that he did in fact believe in its accuracy and, if the warranty was given by a person who at the time he gave it was resident outside Singapore, that the person charged had taken reasonable steps to check the accuracy of that statement; and
(d)
in the case of proceedings relating to the quantity of any goods, that he took all reasonable steps to ensure that, while in his possession the quantity of the goods remained unchanged and, in the case of such or any other proceedings, that apart from any change in their quantity the goods were at the time of the commission of the offence in the same state as when he bought them.
(2) A warranty shall be a defence in such proceedings only if, not later than 7 days before the date of the hearing, the person charged has sent to the prosecutor a copy of the warranty with a notice stating that he intends to rely on it and specifying the name and address of the person from whom the warranty was received, and has also sent a like notice to that person.
(3) Where the person charged is a servant of a person who, if he had been charged, would have been entitled to plead a warranty as a defence under this section, subsection (1) shall have effect as if any reference (however expressed) in paragraphs (a) to (d) of that subsection to the person charged, other than the first such reference in paragraph (c) of that subsection, were a reference to his employer.
(4) The person by whom the warranty is alleged to have been given shall be entitled to appear at the hearing and to give evidence.
(5) If the person charged in any such proceedings wilfully attributes to any goods a warranty given in relation to any other goods, he shall be guilty of an offence.
(6) A person who, in respect of any goods sold by him in respect of which a warranty might be pleaded under this section, gives to the buyer a false warranty in writing shall be guilty of an offence unless he proves that when he gave the warranty he took all reasonable steps to ensure that the statements contained therein were, and would continue at all relevant times to be, accurate.
(7) For the purposes of this section, any statement with respect to any goods which is contained in any document required by this Act to be associated with the goods or in any invoice, and, in the case of goods made up in or on a container for sale or for delivery after sale, any statement with respect to those goods with which that container is marked, shall be deemed to be a written warranty of the accuracy of that statement.
21.
—(1) In any proceedings for an offence in respect of any goods under this Part or any subsidiary legislation made thereunder, it shall be a defence for the person charged to prove —
(a)
that the commission of the offence was due to a mistake, or to an accident or some other cause beyond his control; and
(b)
that he took all reasonable precautions and exercised all due diligence to avoid the commission of such an offence in respect of those goods by himself or any person under his control.
(2) In any proceedings for an offence under this Part or any subsidiary legislation made thereunder by reason of the quantity —
(a)
of any goods made up for sale or for delivery after sale (whether by way of pre-packing or otherwise) or in or on a container marked with an indication of quantity;
(b)
of any goods which, in connection with a sale or agreement for the sale thereof, have associated therewith a document purporting to state the quantity of the goods; or
(c)
of any goods required by this Act to be pre-packed, or to be otherwise made up in or on a container for sale or for delivery after sale, or to be made for sale, only in particular quantities,
being less than that marked on the container or stated in the document in question or than the relevant particular quantity, as the case may be, it shall be a defence for the person charged to prove that the deficiency arose —
(i)
in a case falling within paragraph (a), after the making up of the goods and the marking of the container;
(ii)
in a case falling within paragraph (b), after the preparation of the goods for delivery in pursuance of the sale or agreement and after the completion of the document;
(iii)
in the case falling within paragraph (c), after the making up or making, as the case may be, of the goods for sale,
and was attributable wholly to factors for which reasonable allowance was made in stating the quantity of the goods in the marking or document or in making up or making the goods for sale, as the case may be.
(3) In the case of a sale by retail of food, not being food pre-packed in a container which is, or is required by this Act to be, marked with an indication of quantity, in any proceedings for an offence under this Part or any subsidiary legislation made thereunder by reason of the quantity delivered to the buyer being less than that purported to be sold, it shall be a defence for the person charged to prove that the deficiency was due wholly to unavoidable evaporation or drainage since the sale and that due care and precaution were taken to minimise any such evaporation or drainage.
(4) Without prejudice to any defence under subsection (2) or (3), in any proceedings for such an offence in respect of any goods as is mentioned in subsection (2) it shall not be a defence under subsection (1)(a) for the person charged to prove that the commission of the offence was due to some cause beyond his control if that cause was one which should reasonably have been foreseen and for which allowance could reasonably have been made in stating the quantity of the goods or in making up or making the goods, as the case may be.
(5) If in any proceedings for an offence under this Part or any subsidiary legislation made thereunder, being an offence in respect of any deficiency in the quantity of any goods sold, it is shown that between the sale and the discovery of the deficiency the goods were with the consent of the buyer subjected to treatment which could result in a reduction in the quantity of those goods for delivery to, or to any person nominated in that behalf by, the buyer, the person charged shall not be found guilty of that offence unless it is shown that the deficiency cannot be accounted for by the subjecting of the goods to that treatment.
(6) In any proceedings for an offence under this Part or any subsidiary legislation made thereunder, being an offence in respect of any excess in the quantity of any goods, it shall be a defence for the person charged to prove that the excess was attributable to the taking of measures reasonably necessary in order to avoid the commission of an offence in respect of a deficiency in those or other goods.
(7) If proceedings for an offence under this Part or any subsidiary legislation made thereunder in respect of any deficiency or excess in the quantity —
(a)
of any goods made up for sale (whether by way of pre-packing or otherwise) in or on a container marked with an indication of quantity;
(b)
of any goods which have been pre-packed or otherwise made up in or on a container for sale or for delivery after sale, or which have been made for sale, and which are required by this Act to be pre-packed, or to be otherwise so made up, or to be so made, as the case may be, only in particular quantities,
are brought with respect to any article, and it is proved that, at the time and place at which that article was tested, other articles of the same kind, being articles which, or articles containing goods which, had been sold by the person charged or were in that person’s possession for sale or for delivery after sale, were available for testing, the person charged shall not be convicted of such an offence with respect to that article unless a reasonable number of those other articles was also tested; and in any proceedings for such an offence the court —
(i)
if the proceedings are with respect to one or more of a number of articles tested on the same occasion, shall have regard to the average quantity in all the articles tested;
(ii)
if the proceedings are with respect to a single article, shall disregard any inconsiderable deficiency or excess; and
(iii)
shall have regard generally to all the circumstances of the case.
21A. If, in the case of any goods required by this Act to have associated therewith a document containing particular statements, that document is found to contain any such statement which is materially incorrect, any person who, knowing or having reasonable cause to suspect that statement to be materially incorrect, inserted it or caused it to be inserted in the document, or used the document for the purposes of this Act or any subsidiary legislation made thereunder while that statement was contained therein, shall be guilty of an offence.
22.
—(1) A person against whom proceedings are brought for an offence under this Part or any subsidiary legislation made thereunder shall, upon information duly laid by him and on giving to the prosecutor not less than 7 clear days’ notice of his intention to avail himself of this subsection be entitled to have brought before the court in those proceedings any other person to whose act or default he alleges that the commission of the offence was due; and if, after the offence has been proved, the original defendant proves that the commission thereof was due to an act or default of that other person —
(a)
that other person may be convicted of the offence; and
(b)
if the original defendant further proves that he exercised all due diligence to avoid the commission of the offence by him or any person under his control, the original defendant shall be acquitted of the offence.
(2) Where a defendant seeks to avail himself of subsection (1) —
(a)
the prosecutor, as well as the person whom the defendant charges with the offence, shall have the right to cross-examine the defendant, if he gives evidence, and any witness called by the defendant in support of his pleas, and to call rebutting evidence; and
(b)
the court may make such order as it thinks fit for the payment of costs by any party to the proceedings to any other party thereto.
(3) Where it appears to any authority by or on behalf of whom proceedings of such an offence may be instituted that such an offence has been committed by some person, and that authority is reasonably satisfied that the offence was due to an act or default of some other person and that the first-mentioned person could establish a defence under subsection (1), that authority may take or authorise the taking of proceedings against that other person without first taking or authorising the taking of proceedings against the first-mentioned person; and in any such proceedings that other person may be charged with, and, on proof that the commission of the offence was due to his act or default, be convicted of, the offence with which the first-mentioned person might have been charged.
(4) Where by virtue of subsection (3) a person is charged with an offence with which some other person might have been charged, the reference in section 21(7) to articles or goods sold by or in the possession of the person charged shall be construed as a reference to articles or goods sold by or in the possession of that other person.
23.
—(1) Where proceedings are brought against any person for an offence under this Part or any subsidiary legislation made thereunder and it is proved —
(a)
that the commission of the offence was due to an act or default of some other person which took place outside Singapore; and
(b)
that the person charged took all reasonable precautions and exercised all due diligence to avoid the commission of the offence by him or any person under his control,
then, subject to subsection (2), the person charged shall be acquitted of the offence.
(2) The person charged shall not be entitled to be acquitted under this section unless within 7 days from the date of the service of the summons on him he has given notice in writing to the prosecutor of his intention to rely on this section, specifying the name and address of the person to whose act or default he alleges that the commission of the offence was due, and has sent a like notice to that person; and that person shall be entitled to appear at the hearing and to give evidence.
24.
—(1) Subject to subsection (3), where any person —
(a)
makes in any manner any representation as to the quantity of any goods offered or exposed for sale by him;
(b)
has in his possession or charge awaiting or in the course of delivery to the buyer any goods which have been sold or agreed to be sold, and the sale is, or purports to be, or is required by this Act to be, by quantity expressed in a particular manner, or is such that the quantity of the goods sold is required by any provision of this Act to be made known to the buyer at or before a particular time; or
(c)
has in his possession or charge for sale, or awaiting or in the course of delivery to a buyer after they have been sold or agreed to be sold, any goods pre-packed or otherwise made up in or on a container for sale or for delivery after sale which are required by this Act to be pre-packed, or to be otherwise so made up, as the case may be, only in particular quantities or only if the container is marked with particular information, or any goods pre-packed in or on a container marked with an indication of quantity, or any goods required by this Act to be made for sale only in particular quantities,
the powers of an inspector under section 30 shall include power to require that person either to do in the presence of the inspector, or to permit the inspector to do, all or any of the following things:
(i)
weigh or otherwise measure or count the goods;
(ii)
weigh any container in or on which the goods are made up;
(iii)
if necessary for the purposes of either paragraph (i) or (ii), break open any such container or open any vending machine in which the goods are offered or exposed for sale,
and, in the case of any of the goods which are not already sold, power to require that person to sell any of them to the inspector.
(2) Where the container or package of any pre-packed goods is broken open under subsection (1), the inspector shall not be under any obligation to re-seal the container or package or pay for the goods, whether on behalf of the Controller or otherwise.
(3) Nothing in subsection (1)(a), (b) or (c) shall apply in relation to the sale of goods with a view to their industrial or constructional use except in such a case as is specified in section 19(9)(b)(i), (ii) or (iii).
25.
—(1) An inspector, subject to the production if so requested of his authority in writing, may require the person in charge of any document required by this Act to be associated with any goods to produce that document for inspection.
(2) If the inspector has reasonable cause to believe that any document produced to him under subsection (1) contains any inaccurate statement, he may either —
(a)
seize and detain the document, giving in exchange therefor a copy thereof with an endorsement signed by him certifying that the original has been seized and giving particulars of any inaccuracy alleged; or
(b)
without prejudice to any proceedings which may be taken by reason of any inaccuracy alleged, make thereon an endorsement signed by him giving particulars of any such inaccuracy,
and, save where the context otherwise requires, any reference in this Act to any such document shall be deemed to include a reference to a copy thereof given in pursuance of paragraph (a).
(3) Where, in the case of any goods being carried on a road vehicle, the whole of the vehicle’s load is being carried for, or for delivery after sale to the same person, and any document produced in pursuance of subsection (1) by the person in charge of the vehicle purports, or is required by this Act, to state the quantity of the goods, then, for the purpose of the exercise of his powers under section 24(1), the inspector may do all or any of the following things:
(a)
require the goods to which the document relates to be unloaded from the vehicle;
(b)
require the vehicle to be taken to the nearest suitable and available weighing or measuring instrument;
(c)
require the person in charge of the vehicle to have it check-weighed:
Provided that the powers conferred by this subsection shall be exercised only to such extent as may appear to the inspector reasonably necessary in order to secure that the provisions of this Act and any subsidiary legislation made thereunder are duly observed.
26. Where any road vehicle is loaded with goods for sale by weight to a single buyer of the whole of the vehicle’s load, or for delivery to the buyer after they have been so sold, the buyer or seller of the goods, or any inspector who shows that he is authorised to do so by the buyer or seller of the goods, may require the person in charge of the vehicle to have it check-weighed, and if that person fails without reasonable cause to comply with any such requirement he shall be guilty of an offence.
27. An inspector shall have power to make such purchases of goods as may appear to him to be expedient for the purpose of determining whether or not the provisions of this Act and any subsidiary legislation made thereunder are being complied with.
28.
—(1) Where any goods are required by this Act to be sold by quantity expressed in a particular manner —
(a)
it shall be sufficient compliance with that requirement in the case of any sale of, or agreement to sell, any such goods if the quantity of the goods expressed in the manner in question is made known to the buyer before the purchase price is agreed;
(b)
no person shall be guilty of an offence under section 17(1) by reason of the exposing or offering for sale of such goods at any time if both the quantity of the goods expressed in the manner in question and the price at which they are exposed or offered for sale are made known at that time to any prospective buyer.
(2) For the purposes of this Act and any subsidiary legislation made thereunder, without prejudice to any other method of making known to a person the quantity of any goods expressed in a particular manner, that quantity shall be deemed to be made known to that person —
(a)
if the goods are weighed or otherwise measured or counted, as the case may require, in the presence of that person;
(b)
if the goods are made up in or on a container marked with a statement in writing of the quantity of the goods expressed in the manner in question and the container is readily available for inspection by that person; or
(c)
upon such a statement in writing being delivered to that person.
(3) Where the Minister by order provides that this sub-section is to apply, in the case of such goods in such circumstances as are specified in the order, to any requirement so specified under this Act or any subsidiary legislation made thereunder with respect to the making known to the buyer of the quantity by weight of such goods sold by retail, then, in any case to which the order applies, that requirement shall be deemed to be satisfied if the goods are bought at premises at which any weighing instrument of such description as may be prescribed —
(a)
is kept available by the occupier of those premises for use without charge by any prospective buyer of such goods for the purpose of weighing for himself any such goods offered or exposed for sale by retail on those premises;
(b)
is so kept available in a position on those premises which is suitable and convenient for such use of the equipment; and
(c)
is reserved for use for that purpose at all times while those premises are open for retail transactions,
and a notice of the availability of the instrument for such use is displayed in a position on the premises where it may be readily seen by any such prospective buyer.
(4) For the purposes of this Act and any subsidiary legislation made thereunder, a person shall not be deemed to weigh or otherwise measure or count any goods in the presence of any other person unless he causes any instrument used for the purpose to be so placed, and so conducts the operation of weighing or otherwise measuring or counting the goods, as to permit that other person a clear and unobstructed view of the instrument, if any, and of the operation, and of any indication of quantity given by any such instrument as the result of that operation.
28A.
—(1) Any person who offers or exposes for sale by retail by weight, measure or number goods which are not pre-packaged when so offered or exposed for sale shall weigh, measure or count the goods —
(a)
at the time of sale;
(b)
in the presence of the buyer; and
(c)
in the case of goods sold by weight or measure, by means of a suitable weighing or measuring instrument.
(2) Any person who offers or exposes for sale by retail by weight, measure or number goods which are pre-packaged and weighed, measured or counted before they are so offered or exposed for sale at the premises or place where they are so offered or exposed for sale shall, at the request of the buyer, weigh, measure or count the goods —
(a)
in the presence of the buyer; and
(b)
in the case of goods sold by weight or measure, by means of a suitable weighing or measuring instrument.
(3) Every weighing or measuring instrument used to weigh or measure goods for the purposes of this section and any necessary weights or measures shall be so situated that the weighing or measuring of the goods and the recorded or indicated weight or measurement of the goods can be easily seen by the buyer.
(4) Any person who contravenes this section shall be guilty of an offence.