WEIGHTS AND MEASURES ACT

Section 7: Weighing or measuring equipment for use for trade.

1975Section 7 of 53Federal Republic of Nigeria

(1) The provisions of this section shall apply to the use for trade of weighing or measuring equipment of such classes or descriptions as may be prescribed, and regulations by virtue of this subsection may be made with respect to equipment, whatever the nature of the measurement made thereby (including measurement in terms of number), and whether or not the equipment is constructed to give an indication of the measurement made or other information determined by reference to that measurement.
(2) No person shall use any article for trade as equipment to which this section applies, or have any article in his possession for such use, unless that article, or equipment to which this section applies in which that article is incorporated, or to the operation of which the use of that article is incidental, has been passed by an inspector as fit for such use and except as otherwise expressly provided by or under this Act, bears a stamp indicating that it has been so passed which remains undefaced otherwise than by reason of fair wear and tear. If any person contravenes this subsection he shall be guilty of an offence, and any article in respect of which the offence was committed shall be liable to be forfeited.
(3) Any person requiring any equipment to which this section applies to be passed as fit for use for trade, shall submit the equipment to an inspector in such manner as the superintendent may direct and, subject to the provisions of this Act and of any regulations made under section 47 thereof and to the payment by that person of the prescribed fee, the inspector shall-
(a) test the equipment by means of such working and other standards and testing equipment as he considers appropriate or, subject to any conditions which may be prescribed, by means of other equipment which has already been tested and which the inspector considers suitable for the purpose; and
(b) if the equipment submitted falls within the prescribed limits of error, give to the person submitting it a certificate of verification to the effect that it is passed as aforesaid; and
(c) except as otherwise expressly provided by or under this Act, cause it to be stamped with the prescribed stamp,
and each inspector shall keep a record of every such test carried out by him.
(4) The requirements of subsections (2) and (3) of this section with respect to stamping and marking shall not apply to any weight or measure which is too small to be stamped or marked in accordance with those requirements.
(5) In the case of any weighing or measuring instrument which is required to be tested and passed after it has been installed in the place where it is to be used for trade, if after the instrument has been so passed it is removed and re-installed whether in the same or some other place, it shall not be lawful to use it after such re-installation, until it has been retested and passed by an inspector. Any person who, in contravention of this subsection, uses that instrument or causes or permits any other person to use it, shall be guilty of an offence and the instrument shall be liable to be forfeited.
(6) If an inspector is of opinion that a weighing or measuring instrument has a novel feature or is intended for use for trade for a particular purpose for which it is not suitable, he may refuse to pass or stamp it until the matter has been referred to the superintendent whose decision thereon shall be final.
(7) A weighing or measuring instrument constructed to read imperial units shall not be lawful for use during the transitional period unless it is adapted to weigh or measure in metric units; or the product of such machine is given in metric terms. For this purpose, a conversion factor necessary for the clear understanding of the quantity weighed or measured shall be prominently displayed in a permanent form on the instrument. If any person contravenes this subsection, he shall be guilty of an offence.

Cite this section

Section 7, WEIGHTS AND MEASURES ACT (1975).

https://repo.podus.ai/laws/weights-and-measures-act/section/7/