Trade Measurement (Pre-Packed Articles) Regulations 1993 (SA)

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South Australia

Trade Measurement (Pre-Packed Articles) Regulations 1993

under the Trade Measurement Act 1993

Part 1—Preliminary

1—Short title and commencement

  1. (1)

    These regulations may be cited as the Trade Measurement (Pre-Packed Articles) Regulations 1993.

  2. (2)

    These regulations will come into operation on 1 October 1993.

2—Definitions—general

In these regulations, unless the contrary intention appears—

approved printing device means a printing device that conforms to a pattern in relation to which there is in force under the National Measurement (Patterns of Instruments) Regulations of the Commonwealth a certificate that approves the use of the device for trade;

characters includes letters, figures and symbols;

main display part, in relation to a package, means—

  1. (a)

    if the name or brand appears on the package once only—the part of the package on which it appears; or

  2. (b)

    if the name or brand appears on more than one part of the package with equal prominence in each case—any one of those parts; or

  3. (c)

    if the name or brand appears on more than one part of the package but not always with equal prominence—the part of the package on which it is more prominent or any part of the package on which it is most prominent; or

  4. (d)

    if the name or brand of the article in the package does not appear on the package—that part of the package which will be most prominent when the package is exposed for sale in the manner in which it is likely to be exposed for sale;

measurement marking means the marking of measurement required by these regulations to be made on the package containing a pre-packed article;

the Act means the Trade Measurement Act 1993.

3—Definitions—packaged articles

In these regulations, unless the contrary intention appears—

cheese and cheese products do not include articles for sale as processed cheese or cheese spreads;

compressed or liquefied gas does not include liquefied petroleum gas;

cream does not include clotted cream or sour (cultured) cream;

dried or dehydrated fruit includes glace and crystallised fruit and fruit peel;

dried or dehydrated mixed fruit includes any such fruit mixed with nuts;

garden landscape material means soil, pebbles, crushed tile, crushed white quartz, Grawin gravel, crushed western red, crushed snowflake, New Zealand lava scoria, Pacific coral, river stones, crushed material mix and any like substance for use in gardens;

ice cream includes any form of frozen confection containing ice cream, flavoured ice, fruit-ice, water-ice or a substitute for ice cream;

liquid chemicals includes solvents packed for sale for pharmaceutical, laboratory or industrial use;

paint includes enamel but does not include a two-pack paint, artists' paint or powder coatings;

poultry means any kind of bird used for human consumption, whether it is cooked or uncooked or consists of poultry pieces;

poultry piece means leg, wing, breast or other part detached from a poultry carcase and any division of a poultry carcase;

resins includes natural resins, synthetic resins and polymeric materials other than paint;

therapeutic goods means goods for therapeutic use under the meaning of the Therapeutic Goods Act 1966 of the Commonwealth as amended and in force for the time being;

tobacco includes plug tobacco.

4—Exemptions from marking requirements (name, address, measurement)

  1. (1)

    A package containing an article specified in Schedule 1 is exempt from the operation of Parts 2 (marking of name and address) and 3 (marking of measurement) in the circumstances specified in that Schedule in relation to the article or, if no circumstances are specified, in all circumstances.

  2. (2)

    A package is not exempt from the operation of Parts 2 and 3 merely because it contains two or more packages each of which would be exempt under subregulation (1) as separate packages.

  3. (2a)

    If a name and address is marked on a package that is exempt from the operation of Part 2, the package ceases to be so exempt.

  4. (2b)

    If a statement of the measurement of an article is marked on a package that is exempt from the operation of Part 3, the package ceases to be so exempt.

  5. (3)

    It is not to be assumed that an article described under the heading "Textile goods" or "Hardware goods" in Schedule 1 has been packed for sale by measurement merely because it has been packed for sale—

    1. (a)

      as a single item; or

    2. (b)

      as a set (except in the case of identical automotive parts); or

    3. (c)

      as a pair, or as one of a pair, if it is an article ordinarily described by pairs, or as one of a pair.

  6. (4)

    An article is not excluded from the description "General goods" in Schedule 1 merely because it could be included in some other description of goods in that Schedule.

5—Exemptions for packages containing paper

  1. (1)

    A package containing paper that is a package to which this regulation applies—

    1. (a)

      is exempt from regulations 8 and 10; and

    2. (b)

      is permitted to be marked with the expression "gross mass" or any other expression that has a similar meaning to that expression.

  2. (2)

    This regulation applies to a package containing paper if—

    1. (a)

      it was packed at the factory at which the paper was produced; or

    2. (b)

      it is packed in a quantity of more than 5 kg; or

    3. (c)

      it contains at least 500 sheets and is marked with the number of sheets and the dimensions of each sheet.

6—Requirements applicable to both inner and outer packages

A requirement of these regulations as to the marking of a package containing a pre‑packed article applies to both the immediate package containing the article and any other package containing that package (whether or not with other packages) unless the provision that imposes the requirement otherwise provides.

7—Exemptions for certain inner and outer packages

A requirement of these regulations as to the marking of a package does not apply to—

  1. (a)

    any immediate package ordinarily sold only in an outer package that is marked in accordance with the requirement; or

  2. (b)

    any outer package in which the immediate package is packed only for the purposes of transportation.

Part 2—Marking of name and address

8—Marking of name and address on packages

  1. (1)

    When a pre-packed article is packed or sold, the package containing the article must be marked with the name and address of the person who packed the article or on whose behalf it was packed.

  2. (2)

    That marking must be—

    1. (a)

      readily visible and legible; and

    2. (b)

      such as to enable the person named to be identified and located.

  3. (3)

    The address marked must be an address in a State or internal Territory at which, under a law in force in that State or Territory, notices or legal process may be served on the person named.

9—Exemption for packaged seed

  1. (1)

    Regulation 8 does not apply to—

    1. (a)

      public-bred agricultural seed that is of a prescribed variety and is packed in a quantity of 10 kg or more; or

    2. (b)

      public-bred agricultural seed that is not of a prescribed variety and is packed in a quantity of 25 kg or more; or

    3. (c)

      non-proprietary varieties of horticultural seed packed in a quantity of 25 kg or more.

  2. (2)

    In this regulation—

prescribed variety means agricultural seed for Rhodes grass, Molasses grass, Buffalo grass, Veldt grass, Brachiaria species, Guinea grass, Hamil grass, Gamba grass, Mitchell grass, Creeping Blue grass and Indian Blue grass.

Part 3—Marking of measurement

Division 1—General requirements for measurement marking

10—Requirement to mark measurement

  1. (1)

    When a pre-packed article is packed or sold, the package containing the article must be marked with a statement of the measurement of the article.

  2. (2)

    The statement must be such as will be clear, conspicuous, readily seen and easily read when the article is exposed for sale in the manner in which it is likely to be exposed for sale.

11—General position of measurement marking

  1. (1)

    The measurement marking on a package must be made—

    1. (a)

      on the main display part of the package; and

    2. (b)

      if another part of the package is, or other parts of the package are, likely to be displayed instead of the main display part when the article is exposed for sale—on that other part or one of those other parts.

  2. (2)

    Subregulation (1) does not apply in the case of—

    1. (a)

      automotive parts; or

    2. (ab)

      a package containing wine if—

      1. (i)

        the measurement marking on the package is made in accordance with regulation 11A; and

      2. (ii)

        the package is of a standard size; or

    3. (b)

      any other package if the administering authority, by notice published in the Gazette, exempts the package from the operation of this regulation and any conditions or restrictions specified in the notice are complied with.

  3. (3)

    For the purposes of subregulation (2), a package containing wine is of a standard size if the package contains—

    1. (a)

      50ml, 100ml, 187ml, 200ml, 250ml, 375ml, 500ml, 750ml, 1 litre or 1.5 litres of wine; or

    2. (b)

      2 or more whole litres of wine.

11A—Position of measurement marking on wine package

  1. (1)

    The measurement marking on a package containing wine must, unless made in accordance with regulation 11(1), be made on the surface of the package (other than the base or top) so that the statement of the measurement of the wine and the information required under the Wine Labelling Agreement to be marked on the package can be viewed together.

  2. (2)

    In this regulation—

information required under the Wine Labelling Agreement means—

  1. (a)

    country of origin; and

  2. (b)

    product name or product description; and

  3. (c)

    actual alcohol content by volume in percentage terms;

Wine Labelling Agreement means the Agreement on Requirements for Wine Labelling, World Wine Trade Group (August 2006), signed on 23 January 2007, by the Minister for Trade for the Commonwealth.

12—Set-out and form of measurement marking

  1. (1)

    The required measurement marking must—

    1. (a)

      be close to, and marked to be read in the same direction as, any name or brand of the article to which it relates; and

    2. (b)

      be at least 2 mm from the limits of the package and separated by at least 2 mm in all directions from other graphic matter or copy; and

    3. (c)

      be in a form in which units of measurement under the metric system are ordinarily written in the English language; and

    4. (d)

      in the case of a decimal sub-multiple, be preceded by a zero or other numeral.

  2. (2)

    If a package is entirely or substantially cylindrical, spheroidal, conical or of oval cross-section, the measurement marking must, in addition to complying with subregulation (1), be positioned so that no part of the marking is further than one-sixth of the circumference of the package from the line that vertically bisects that part of the package on which the marking is required to be made.

  3. (3)

    For the purposes of subregulation (2), the circumference of a package is the circumference where the measurement marking is made.

13—Size etc of characters in measurement marking

  1. (1)

    The characters used in a measurement marking must be clear and—

    1. (a)

      stamped or printed in a colour that provides a distinct contrast with the colour of the background and be of at least the minimum height required by subregulation (2); or

    2. (b)

      stamped or embossed and be of at least three times the minimum height required by subregulation (2); or

    3. (c)

      marked by an approved printing device in characters at least 3 mm high; or

    4. (d)

      legibly handwritten, if permitted by subregulation (3).

  2. (2)

    The minimum height for the characters in a measurement marking is the height specified in Column 2 of the Table opposite the maximum dimension of the package specified in Column 1 of that Table.

 

Table

Column 1

(Maximum dimension of package)

Column 2

(Minimum character height)

120 mm or under

2.0 mm

Over 120 mm but not over 230 mm

2.5 mm

Over 230 mm but not over 360 mm

3.3 mm

Over 360 mm

4.8 mm

  1. (2a)

    For the purposes of subregulation (2), the maximum dimension of a package is—

    1. (a)

      if the package is rectangular—the measurement of the breadth, height or length of the package, whichever is the greatest; or

    2. (b)

      if the package is cylindrical, spheroidal, conical or of oval cross-section—the height, length or maximum diameter of the package, whichever is the greatest.

  2. (3)

    A measurement marking may be legibly handwritten in the following cases:

    1. (a)

      when the article is packed to be sold on the premises on which it is packed; or

    2. (b)

      when the package contains cake or is one to which regulation 27 applies; or

    3. (c)

      when the package contains a roll of ribbon, lace or elastic or other article of haberdashery; or

    4. (d)

      when the article is, by notice published in the Gazette by the administering authority, declared to be an article to which this regulation applies and any conditions applicable to the packaging of the article and specified in the notice are complied with.

14—Unit etc of measurement to be used

  1. (1)

    Except for an article specifically provided for by subregulation (2), the measurement marking of an article must be expressed as follows:

    1. (a)

      if the article is ordinarily sold by number—by reference to number;

    2. (b)

      if the article is ordinary sold by linear or superficial measurement—by reference to that kind of measurement;

    3. (c)

      if the article is a liquid—by reference to volume;

    4. (d)

      if the article is solid (including in the form of powder or flakes), semi-solid or partly solid and partly liquid, and is not included in paragraph (a)—by reference to mass.

  2. (2)

    The measurement marking of an article of a kind described in Column 1 of Schedule 2 must be expressed by reference to the kind of measurement specified in Column 2 of that Schedule opposite the description of the article.

  3. (3)

    A measurement marking (other than in terms of number) must be expressed in terms of a unit of measurement permissible as specified in Schedule 3.

  4. (4)

    For the purposes of this regulation, an article will be taken to be ordinarily sold by number or by linear or superficial measurement only if the majority of the merchants selling articles of that kind in Australia ordinarily sell them by number or linear or superficial measurement.

15—Fractions, significant figures

  1. (1)

    If a measurement marking includes a fraction of a unit of measurement, it must be expressed as a decimal sub-multiple of the unit.

  2. (2)

    Whether a measurement marking is a whole multiple or a sub-multiple, or a combination of both, it must express a degree of accuracy to not more than three significant figures.

16—Special provision marking by approved printing device

If a measurement marking is made by an approved printing device—

  1. (a)

    the measurement marking may express a degree of accuracy to more than three significant figures if the certificate of approval approves use of the device to measure the degree of accuracy expressed; and

  2. (b)

    a measurement marking in terms of mass made by use of the device in accordance with the certificate of approval may be expressed in terms of grams.

17—Marking by reference to minimum measurement

  1. (1)

    A marking on the package containing a pre-packed article of the measurement of the article (whether or not for the purposes of these regulations) must not be made by reference to minimum measurement unless—

    1. (a)

      permitted by this regulation (or required by regulation 18 in the case of eggs); and

    2. (b)

      the reference to minimum measurement is marked in the same way as the required measurement marking.

  2. (2)

    Pre-packed dressed poultry (other than poultry pieces) may be marked with a measurement in terms of minimum mass if—

    1. (a)

      the mass stated is a whole number multiple of 100 g; and

    2. (b)

      (except in the case of cooked poultry) the package is also marked, in characters not less than 10 mm in height, with a size number calculated by dividing the stated minimum mass by 100.

  3. (3)

    Pre-packed preserved sausage may be marked with a measurement in terms of minimum mass.

Division 2—Special provision for measurement marking of certain articles

18—Eggs

The measurement marking of a pre-packed article containing eggs must be made—

  1. (a)

    by reference to the number of eggs in the package; and

  2. (b)

    by reference to the minimum mass of each egg.

19—Articles packed in sheets

Pre-packed aluminium foil, facial tissues, toilet paper and waxed paper are articles that do not require a measurement marking on the package if the number of useable sheets of specified dimensions is marked on the package as if the number and dimensions marked were a measurement marking.

20—Number of pre-packed articles comprising 1 tonne

If 45 or fewer packages of an article that is ordinarily sold by mass have a total mass of 1 tonne, the measurement marking of the mass of the article may be made on each package by referring to the number of packages to the tonne in such a manner as to imply that the mass of each package is 1 tonne divided by that number.

21—Bedsheets, tarpaulins etc

  1. (1)

    The measurement marking relating to—

    1. (a)

      bedsheets (not designed as fitted or semi-fitted bedsheets) or other sheets of hemmed fabric material; or

    2. (b)

      tarpaulins,

must be expressed in terms of the finished size of the article.

  1. (2)

    The measurement marking relating to—

    1. (a)

      a mattress protector; or

    2. (b)

      a bedsheet designed as a fitted or semi-fitted bedsheet,

must be expressed in terms of the suitability of its finished size to fit a mattress of specified dimensions expressed as length x width x depth.

22—Pairs of window curtains

The measurement marking relating to window curtains designed to cross over when hung in pairs must be expressed in terms of the finished size of the maximum width, and the maximum drop, of each curtain.

23—Marking of width or thickness if it directly affects price

If a measurement marking may be made in terms of the length of an article, the marking shall include any measurement of the thickness or width of the article, or both, that bears a direct relationship to the price of the article.

Division 3—Special provision concerning measurement marking of outer packages

24—Package containing packages of articles of the same kind and measurement

  1. (1)

    This regulation applies to two or more pre-packed articles of the same kind and apparently with the same measurement—

    1. (a)

      each of which is separately packed in its own package (an inner package); and

    2. (b)

      all of which are also packed together in another package (the outer package).

  2. (2)

    The measurement marking on the outer package may—

    1. (a)

      state the total measurement of all the articles in the outer package; or

    2. (b)

      state (as if it were a measurement marking) the number of packages in the outer package and the measurement of each of them.

  3. (3)

    A measurement marking need not be marked on the outer package if—

    1. (a)

      the outer package contains not more than eight inner packages; and

    2. (b)

      the inner packages are ordinarily sold only while in the outer package; and

    3. (c)

      the whole or part of the outer package is transparent and the measurement marking on each of the inner packages is clearly visible through the packaging of the outer package.

25—Inner and outer packages of single article

  1. (1)

    This regulation applies to a pre-packed article consisting of an article contained in a package (the inner package) that is contained in another package (the outer package).

  2. (2)

    A measurement marking need not be marked on the outer package if—

    1. (a)

      the inner package is ordinarily sold only while in the outer package; and

    2. (b)

      the whole or part of the outer package is transparent and the measurement marking on the inner package is clearly visible through the packaging of the outer package.

26—Package containing articles of different kinds or different measurements

  1. (1)

    This regulation applies to a pre-packed article consisting of a package (the outer package) containing at least two articles of which at least one is a pre-packed article, but does not apply in a case to which regulation 24 applies (pre-packed articles of the same kind and measurement).

  2. (2)

    None of the articles in the outer package is required to be marked with a measurement marking if—

    1. (a)

      all the articles in the outer package are ordinarily sold only while in the outer package; and

    2. (b)

      the outer package is marked in the same way as a measurement marking with a description of each article in the outer package and a statement of its measurement.

  3. (3)

    The provisions of regulation 11 as to the position of a measurement marking do not apply to a marking referred to in subregulation (2)(b) if the packaging of the outer package is transparent and all the articles it contains are clearly visible through it.

Division 4—Other markings concerning measurement

27—Unit price marking—retail sales of certain foods by mass

  1. (1)

    This regulation applies to pre-packed—

    1. (a)

      fruit; and

    2. (b)

      dried fruit, dehydrated fruit and dried or dehydrated mixed fruit; and

    3. (c)

      cheese and cheese products; and

    4. (d)

      dressed poultry not marked in terms of minimum mass in accordance with regulation 17; and

    5. (e)

      fish (including crustaceans); and

    6. (f)

      mushrooms; and

    7. (g)

      vegetables; and

    8. (h)

      meat; and

    9. (i)

      small goods (including bacon, corned beef and ham),

except when the package is a rigid container.

  1. (2)

    When a pre-packed article to which this regulation applies is sold (except for the purpose of being resold) the package containing the article must (in addition to being marked with the measurement of the article) be marked with its total price and price per kilogram unless—

    1. (a)

      the total price and price per kilogram are adequately displayed at the time of sale, as provided by subregulation (4); or

    2. (b)

      the article is described in Column 1 of the Table and is packed in a quantity specified in Column 2 of that Table opposite the description.

     

    Table

Column 1

Column 2

Cheese and cheese products

100 g 125 g 200 g 250 g 375 g 500 g 750 g 1 kg integral multiples of 500 g

Dressed poultry and meat

100 g 125 g 200 g 250 g 500 g 1 kg integral multiples of 1 kg

Dried fruit, dehydrated fruit, dried or dehydrated mixed fruit

100 g 125 g 150 g 200 g 250 g 375 g 500 g 750 g 1 kg 1.5 kg integral multiples of 1 kg

Fruit, fish (including crustaceans), mushrooms and vegetables

15 g 20 g 25 g 50 g 75 g 100 g 125 g 150 g 200 g 250 g 375 g 500 g 750 g 1 kg 1.25 kg 1.5 kg 2.5 kg integral multiples of 1 kg

Smallgoods (including bacon, corned beef and ham)

50 g 125 g 175 g 250 g 375 g 500 g integral

  1. (3)

    The marking on a package required by this regulation must be made as if it were a measurement marking.

  2. (4)

    The total price and price per kilogram are adequately displayed if displayed on or immediately adjacent to the receptacle in or on which the article is exposed for sale, in characters not less than 10 mm high and in such a manner as to be readily seen and easily read.

Part 4—Prohibited and restricted expressions

28—Marking of "mass when packed"

  1. (1)

    This regulation applies to bar soaps, cotton wool, flax, glauber salts, jute, manila, fresh mushrooms, oven-baked animal biscuits, personal deodorant tablets, personal soap tablets (medicinal or toilet), sisal, soap flakes, soap powder (excluding detergent powders), tobacco, washing soda and whole hams.

  2. (2)

    Pre-packed articles of the kind to which this regulation applies that are not packed in a hermetically sealed package may be marked "mass when packed", or with other words that have a similar meaning to those words, if they are marked in the same way as the appropriate measurement marking.

29—Marking of "mass at standard condition"

A package containing pre-packed yarn or cotton wool that is not an hermetically sealed package may be marked with the words "mass at standard condition" or with other words that have a similar meaning to those words if—

  1. (a)

    the words are marked in the same way as the appropriate measurement marking; and

  2. (b)

    (when the yarn or cotton wool is composed of a mixture of fibres)—the package is also marked in the same way as the appropriate measurement marking with a correct statement of the proportion by mass of each of the kinds of fibre of which the yarn or cotton wool is composed.

30—Restrictions on use of "gross mass"

  1. (1)

    For the purposes of section 30 of the Act, the expression "gross mass" and any other expression that has a similar meaning to that expression are restricted expressions.

  2. (2)

    A package may be marked with such an expression only if permitted by regulation 5 (exemptions for packages containing paper) or if—

    1. (a)

      the package is used only for the purpose of transporting an article; and

    2. (b)

      the expression is immediately followed by the words "for transport purposes only" and a statement of the appropriate quantity; and

    3. (c)

      immediately below or following the expression the net mass is marked and designated as such or stated as a net amount in words that correspond to those used to express the gross amount.

31—Prohibited expressions

For the purposes of section 30 of the Act, the following are prohibited expressions:

  1. (a)

    any expression (other than a marking required or permitted by the Act or these regulations) that directly or indirectly relates to or qualifies a measurement marked on the package;

  2. (b)

    a statement that directly or indirectly relates or refers to the measurement of the article or any ingredient or component of the article, or of any source from which the article is derived, if the statement cannot be tested for truth by testing the article.

Part 5—Short measure

32—Extent of deficiency necessary to constitute short measure

  1. (1)

    This Part makes provision for the deficiency in actual measurement and average measurement of pre-packed articles permitted under section 33 of the Act before the actual measurement of a pre-packed article is to be regarded as being less than the measurement marked on the package.

  2. (2)

    In this Part—

permissible actual deficiency means the deficiency in actual measurement permitted for the purposes of section 33(1)(a) of the Act;

permissible average deficiency means the deficiency in the average of the actual measurements of a number of like articles permitted for the purposes of section 33(1)(b) of the Act.

33—Articles marked "mass when packed" etc

If the package containing a pre-packed article is, in accordance with regulation 28, marked "mass when packed" or with other words that have a similar meaning to those words—

  1. (a)

    the permissible actual deficiency, if measured on the day the article is packed, is a deficiency of 5 per cent; and

  2. (b)

    the permissible average deficiency, if measured on the day the article is packed, is nil; and

  3. (c)

    the permissible actual deficiency, if measured after the day the article is packed, is the deficiency specified in Column 2 of the Table opposite the description of the article in Column 1 of that Table; and

  4. (d)

    the permissible average deficiency, if measured after the day the article is packed, is the deficiency specified in Column 3 of the Table opposite the description of the article in Column 1 of that Table.

 

Table—Permissible deficiencies after day of packing

Column 1

(Description of article)

Column 2

(Permissible actual deficiency—per cent)

Column 3

(Permissible average deficiency—per cent)

Bar soaps

21

16

Cotton wood

7

2

Flax

8

3

Glauber salts

7

2

Jute

9

4

Manila

8

3

Mushrooms (fresh)

18

13

Oven-baked animal biscuits

9

4

Personal deodorant tablets

12

7

Personal soap tablets (medicinal or toilet)

11

6

Sisal

8

3

Soap flakes

10

5

Soap powder (excluding detergent powders)

15

10

Tobacco

10

5

Washing soda

7

2

Whole hams

7

2

34—Articles marked "mass at standard condition"

  1. (1)

    If the package containing a pre-packed article is, in accordance with these regulations, marked "mass at standard condition" or with other words that have a similar meaning—

    1. (a)

      the permissible actual deficiency is the deficiency specified in Column 2 of the Table to this regulation opposite the description of the class of article in Column 1 of that Table; and

    2. (b)

      the permissible average deficiency is the deficiency specified in Column 2 of the Table to this regulation opposite the description of the class of article in Column 1 of that Table.

  2. (2)

    If the article consists of a mixture of any two or more of class A, B or C fibres (as described in Column 1 of the Table)—

    1. (a)

      the permissible actual deficiency is the deficiency, expressed as a percentage, calculated in accordance with the formula 6x + 2y + 5; and

    2. (b)

      the permissible average deficiency is the deficiency, expressed as a percentage, calculated in accordance with the formula 6x + 2y,

    where—

    x is the proportion that the mass of all class A fibre (if any) in the article bears to the total mass of the article; and

    y is the proportion that the mass of all class B fibre (if any) in the article bears to the total mass of the article.

     

    Table

Column 1

(Class of article)

Column 2

(Permissible actual deficiency—per cent)

Column 3

(Permissible average deficiency—per cent)

Class A fibre (wool or other animal fibre, viscose or cuprammonium rayon, or a mixture of any 2 or more of them)

11

6

Class B fibre (silk, cotton or cellulose acetate or a mixture of any 2 or more of them)

7

2

Class C fibre (a fibre, or a mixture of fibres, that is not a Class A or Class B fibre).

5

0

35—Other pre-packed articles

If the package containing a pre-packed article is not one to which regulation 33 or 34 applies—

  1. (a)

    the permissible actual deficiency is 5 per cent; and

  2. (b)

    the permissible average deficiency is nil.

36—Method of determining average measurement (section 33)

  1. (1)

    For the purposes of this Part, the average of the actual measurements of a number of like articles shall be determined by calculating the average of the measurements of the contents of at least 12 packages or, if less than 12 are available, of such number (not less than six) as are available.

  2. (2)

    If more than 12 packages are available, the actual number to be tested shall be as determined by an inspector.

  3. (3)

    Each of the packages measured must be of the same kind and have the same measurement marking and must be selected by an inspector without having been measured by an inspector.

Part 6—Miscellaneous

37—Mass of frozen pre-packed scallops

For the purposes of the Act and these regulations, the mass of frozen scallops packed as a pre-packed article shall be determined as follows:

  1. (a)

    measure and record the mass of an appropriate perforated container;

  2. (b)

    place the entire contents of the package into a suitable impermeable bag;

  3. (c)

    suspend or immerse the bag in running water until the contents have thawed;

  4. (d)

    empty contents into the perforated container;

  5. (e)

    drain the perforated container and the contents until minimal drip loss is recorded;

  6. (f)

    measure and record the mass of the perforated container plus contents;

  7. (g)

    subtract the mass of the perforated container from the mass of the perforated container and contents to obtain the net mass of the contents.

38—Application for permit to sell certain articles

An application for a permit under section 38 of the Act for the sale of an article must—

  1. (a)

    be made to the administering authority in writing signed by or on behalf of the applicant; and

  2. (b)

    specify the grounds in section 39 of the Act that are relied on by the applicant; and

  3. (c)

    give particulars of the facts justifying reliance on those grounds.

Schedule 1—Exemptions from marking

(Regulation 4)

1—Textile goods

  1. (1)

    Textile, wearing apparel and other similar articles that are not packed for sale by measurement and are not ordinarily so sold.

  2. (2)

    Textiles that are—

    1. (a)

      packed for sale by mass and are sold in packages each containing more than 4 kg; or

    2. (b)

      packed for sale by length and are sold in packages each containing more than 25 m; or

    3. (c)

      packed for sale by area and are sold in packages each containing more than 25 m2.

2—Food goods

  1. (1)

    Any agricultural produce grown and packed on the same property by the grower and sold by mass in sacks of more than 25 kg gross mass.

  2. (2)

    Confectionery, nuts, popcorn, potato crisps and savouries that are—

    1. (a)

      packed on premises for sale on those premises if the package is displayed for sale on those premises in a receptacle that bears a statement that can be readily seen and easily read in characters not less than 10 mm high of the mass and of the price of the contents of the package and if the mass of the contents does not exceed 200 g; or

    2. (b)

      packed in or with another article if the value of the combined articles is substantially represented by that other article.

  3. (3)

    Confectionery packed singly in a novelty shape and an Easter egg packed singly.

  4. (4)

    Honey in the comb in original frames.

  5. (5)

    Hay.

  6. (6)

    Ice cream packed in a quantity less than 200 mL.

  7. (7)

    Kippers.

  8. (8)

    Pies or pasties made for use as an individual serve of which the mass is less than 250 g.

  9. (9)

    Cakes, puddings and sponges packed singly in a quantity less than 125 g.

  10. (10)

    Alcoholic liquors packed in a quantity more than 10 L.

3—Medicinal and toilet goods

  1. (1)

    Therapeutic goods, being goods the sale or supply of which to the public is prohibited by law except on the written prescription of a person recognised by law as competent to prescribe them.

  2. (2)

    A toilet preparation in a compact and a refill of such a preparation.

  3. (3)

    Single application hair dyes or hair bleaches or single application home permanent hair waving kits.

  4. (4)

    Vaccine packed in a quantity less than 25 mL or a single dose of any substance packed in a vial or ampoule for sale for use as an injection.

4—Hardware goods

  1. (1)

    Articles of hardware that are not packed for sale by measurement and are not ordinarily so sold.

  2. (2)

    Tinters or colouring agents for use in paint that are packed in a quantity less than 100 g or 100 mL.

  3. (3)

    Colouring material in a package on which is marked directions for mixing it, or a specified quantity of it, with a specified type and volume of paint—if the quantity of the material to be mixed does not exceed 10 per cent of the volume of the paint with which it is to be mixed.

5—General goods

  1. (1)

    Articles ordinarily sold by number that are packed in a quantity of less than 9 in a package made wholly or partly of transparent material so that when the package is exposed for sale the number of articles contained in the package is readily apparent to a purchaser.

  2. (2)

    An article of which the mass exceeds 75 kg or the volume exceeds 150 L.

  3. (3)

    An article packed in a quantity less than 15 g or 15 mL other than adhesives, dried vegetables and freeze-dried vegetables, herbs, instant tea, pepper and other spices, therapeutic goods and tobacco.

  4. (4)

    Fire extinguisher refills.

  5. (5)

    Photographic film and photographic printing paper.

  6. (6)

    A bag of clay.

  7. (7)

    Fish bait.

  8. (8)

    Garden landscape material, including pine-bark feature mix, pine-bark nuggets, pre‑planted mushroom spawn, tree-bark, any article that is or contains compost, farmyard manure, garden peat, leaf mould, peat moss, sphagnum moss, tan bark or other like substance.

  9. (9)

    Artists' paint packed in a quantity less than 100 g.

  10. (10)

    Candles.

  11. (11)

    Legume seed inoculants.

  12. (12)

    A pre-packed article sold as authorised by Division 2 (permits) of Part V of the Act.

Schedule 2—Expression of measurement marking

(Regulation 14)

 

Column 1

(Description of article)

Column 2

(Kind of measurement permissible)

Acids in liquid form

mass or volume

Aerosol products

mass

Compressed or liquefied gases

mass or equivalent volume (cubic metres or litres) at stated temperature and pressure

Cream and cream substitutes

volume

Fencing wire

length

Flavouring essences

mass or volume, if the quantity is not less than 500g

Heavy residual fuel oil, industrial diesel fuel and furnace oil

mass or volume

Honey, malt extract, golden syrup and treacle

mass

Ice cream

volume

Linseed oil and other vegetable oils

volume if the quantity is not more than 5L; mass or volume if the quantity is more than 5L

Liquefied petroleum gas

mass

Liquid chemicals

mass or volume

Paint (other than paste paint), varnish and varnish stains

volume

Paste paint

mass

Perfume compounds

mass or volume, if the quantity is not less than 500g

Perlite

mass or volume

Resins

mass or volume

Rope, cord and line—

  1. (a)

    of a diameter less than 1.5mm

length and mass per specified length

  1. (b)

    of a diameter of 1.5mm or more

length and diameter

Skin cream in jars

mass or volume

Tomato sauce

volume

Toothpaste

mass

Twines, twists and lashings

length and mass per specified length

Yoghurt

mass

Schedule 3—Permissible units of measurement

(Regulation 14)

1—Mass

If the measurement marking is to be expressed in terms of mass, the permissible units of measurement are as follows:

  1. (a)

    kilogram is permissible in all cases;

  2. (b)

    gram is also permissible if the mass does not exceed 1 000 grams;

  3. (c)

    milligram is also permissible if the mass does not exceed 1 000 milligrams.

2—Volume

If the measurement marking is to be expressed in terms of volume, the permissible units of measurement are as follows:

  1. (a)

    litre, decilitre or centilitre is permissible for liquids in all cases;

  2. (b)

    cubic metre is permissible for solids in all cases;

  3. (c)

    millilitre is also permissible in the case of a liquid if the volume does not exceed 1 000 millilitres;

  4. (d)

    cubic centimetre is also permissible in the case of a solid if the volume does not exceed 1 000 cubic centimetres.

3—Linear measurement

If the measurement marking is to be expressed in terms of linear measurement, the permissible units of measurement are as follows:

  1. (a)

    metre is permissible in all cases;

  2. (b)

    centimetre is also permissible if the length does not exceed 100 centimetres;

  3. (c)

    millimetre is also permissible if the length does not exceed 1 000 millimetres;

  4. (d)

    millimetre is also permissible in the case of paper lengths not exceeding 10 000 millimetres, building material in sheet form and coated abrasive belts;

  5. (e)

    millimetre is also permissible in the case of an article if it was customary before these regulations commenced to express the linear measurement of the article in millimetres.

4—Superficial measurement

If the measurement marking is to be expressed in terms of superficial measurement, any unit of superficial measurement is permissible.

5—Mass per specified length

If the measurement marking is to be expressed in terms of mass per specified length, the permissible units of measurement are grams for mass and kilometres for length.

Legislative history

Notes

  • •

    Please note—References in the legislation to other legislation or instruments or to titles of bodies or offices are not automatically updated as part of the program for the revision and publication of legislation and therefore may be obsolete.

  • •

    Earlier versions of these regulations (historical versions) are listed at the end of the legislative history.

  • •

    For further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or of regulations

    The Trade Measurement (Pre-Packed Articles) Regulations 1993 were revoked by Sch 4 of the Trade Measurement (Pre-Packed Articles) Regulations 2008 on 1.9.2008.

    Principal regulations and variations

    Year

    No

    Reference

    Commencement

    1993

    217

    Gazette 30.9.1993 p1422

    1.10.1993: r 1(2)

    2002

    14

    Gazette 21.3.2002 p1384 revoked by 27/2002

    revoked by 27/2002 without coming into operation

    2002

    27

    Gazette 9.5.2002 p1858

    9.5.2002: r 2

    2003

    147

    Gazette 12.6.2003 p2500

    12.6.2003: r 2

    2007

    263

    Gazette 22.11.2007 p4306

    22.11.2007: r 2

    Provisions varied

    Provision

    How varied

    Commencement

    Pt 1

    r 4

    r 4(2a) and (2b)

    inserted by 27/2002 r 4

    9.5.2002

    r 4(3)

    varied by 263/2007 r 4

    22.11.2007

    Pt 3

    r 11

    r 11(2)

    varied by 263/2007 r 5(1)

    22.11.2007

    r 11(3)

    inserted by 263/2007 r 5(2)

    22.11.2007

    r 11A

    inserted by 263/2007 r 6

    22.11.2007

    r 13

    r 13(2)

    varied by 147/2003 Sch 1

    12.6.2003

    table relocated to r 13(2) by 147/2003 Sch 1

    12.6.2003

    r 13(2a)

    contents below table varied and redesignated as r 13(2a) by 147/2003 Sch 1

    12.6.2003

    r 14

    r 14(4)

    inserted by 27/2002 r 5

    9.5.2002

    Pt 5

    r 33

    varied by 147/2003 Sch 1

    12.6.2003

    r 34

    r 34(2)

    varied by 147/2003 Sch 1

    12.6.2003

    Sch 1

    cl 1

    item "Textile goods" redesignated as cl 1 by 147/2003 Sch 1

    12.6.2003

    cl 1(1)

    cl 1 redesignated as cl 1(1) by 147/2003 Sch 1

    12.6.2003

    cl 1(2)

    cl 2 redesignated as cl 1(2) by 147/2003 Sch 1

    12.6.2003

    cl 2

    item "Food goods" redesignated as cl 2 by 147/2003 Sch 1

    12.6.2003

    cl 2(1)

    cl 1 varied by 27/2002 r 6

    9.5.2002

    cl 1 redesignated as cl 2(1) by 147/2003 Sch 1

    12.6.2003

    cl 2(2)

    cl 2 redesignated as cl 2(2) by 147/2003 Sch 1

    12.6.2003

    cl 2(3)—(10)

    cll 3—10 redesignated as cl 2(3)—(10) by 147/2003 Sch 1

    12.6.2003

    cl 3

    item "Medicinal and toilet goods" redesignated as cl 3 by 147/2003 Sch 1

    12.6.2003

    cl 3(1)—(4)

    cll 1—4 redesignated as cl 3(1)—(4) by 147/2003 Sch 1

    12.6.2003

    cl 4

    item "Hardware goods" redesignated as cl 4 by 147/2003 Sch 1

    12.6.2003

    cl 4(1)—(3)

    cll 1—3 redesignated as cl 4(1)—(3) by 147/2003 Sch 1

    12.6.2003

    cl 5

    item "General goods" redesignated as cl 5 by 147/2003 Sch 1

12.6.2003

cl 5(1)—(12)

cll 1—12 redesignated as cl 5(1)—(12) by 147/2003 Sch 1

12.6.2003

Sch 3

cl 2

varied by 27/2002 r 7

9.5.2002

Historical versions

12.6.2003

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