On 21/05/2013,
you requested for the version in force on 21/05/2013
incorporating all amendments published on or before 21/05/2013.
The closest version currently available is that of 01/01/2008.
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.