Weights and Measures Act

Section 1. Short title Section This Act may be cited as the Weights and Measures Act.

Section 2. Interpretation Section In this Act, unless the context otherwise requires— "approved" means approved by the Director, or by any other person deputed by the Director to carry out examinations, grant approvals and issue certificates under section 30 ; "base unit" means one of the international system (SI) units of measurement listed in the First Schedule; "certificate of qualification" means a certificate granted by the Institute of Trade Standards Administration, Kenya or any other recognized institute or institution to any person who passes the final examination of that institute or institution, being an examination held for the purposes of ascertaining whether the person possesses sufficient skill and knowledge for the proper performance of the functions and duties of an inspector; "check-weighed", in relation to any vehicle, means weighed with its load by means of a suitable weighing instrument and weighed again after it has been unloaded by means of the same or another suitable weighing instrument; "container" includes any form of packaging of goods for sale as a single item, whether by completely or partly enclosing the goods or by attaching the goods to, or winding...

Section 3. Units of measurement Section 3(1) Every unit of weight and measure used in Kenya shall be based upon the units specified in the First Schedule. Section 3(2) The Second Schedule shall have effect for defining the units of measurement specified in that Schedule for all purposes in Kenya.

Section 4. Measurement of weight Section 4(1) The kilogram shall be the base unit of measurement of mass by reference to which any measurement of weight shall be made in Kenya. Section 4(2) The measurement of the weight of an item may be expressed in the same terms as its mass by reference to the units of measurement set out in Part I of the Second Schedule.

Section 5. Measurement of length Section The metre shall be the base unit of measurement of length by reference to which any measurement of length shall be made in Kenya.

Section 6. Measurement of time Section The second shall be the base unit of measurement of time by reference to which any measurement of time shall be made in Kenya and it shall have the meaning assigned by an order made by the Cabinet Secretary, being the meaning appearing to the Cabinet Secretary to reproduce in English the international definition of the second in force at the date of the making of the order.

Section 7. Measurement of electric current Section The ampere shall be the base unit of measurement of electric current by reference to which any measurement of electric current shall be made in Kenya; and it shall have the meaning assigned by an order made by the Cabinet Secretary, being the meaning appearing to the Cabinet Secretary to reproduce in English the international definition of the ampere at the date of the making of the order.

Section 8. Measurement of thermodynamic temperature Section The kelvin shall be the base unit of measurement of thermodynamic temperature by reference to which any measurement of thermodynamic temperature shall be made in Kenya and it shall have the meaning assigned by an order made by the Cabinet Secretary, being the meaning appearing to the Cabinet Secretary to reproduce in English the international definition of the kelvin at the date of the making of the order.

Section 9. Measurement of luminous intensity Section The candela shall be the base unit of measurement of luminous intensity by reference to which any measurement of luminous intensity shall be made in Kenya; and it shall have the meaning assigned by an order made by the Cabinet Secretary, being the meaning appearing to the Cabinet Secretary to reproduce in English the international definition of the candela at the date of the making of the order.

Section 10. Measurement of amount of substance Section The mole shall be the base unit of measurement of the amount of substance by reference to which any measurement of the amount of substance shall be made in Kenya and it shall have the meaning assigned by an order made by the Cabinet Secretary, being the meaning appearing to the Cabinet Secretary to reproduce in English the international definition of the mole at the date of the making of the order.

Section 11. Offence to use unauthorized units of measurement Section Any person who uses for trade any unit of measurement which is not authorized by this Act shall be guilty of an offence.

Section 12. Kenya primary standards Section 12(1) The Cabinet Secretary shall procure and cause to be maintained standards of the metre and the kilogram which shall be the Kenya primary standards by reference to which the accuracy of all other standards of those units and of any other unit of measurement directly related to any of those units shall be maintained. Section 12(2) Every standard procured under subsection (1) shall, before being brought into use, be verified by the International Bureau of Weights and Measures and thereafter shall be reverified at such intervals and in such manner as may be prescribed; and the certificate of verification or reverification in respect thereof shall be kept in the custody of the Director. Section 12(3) On production of the certificate of verification or reverification kept under subsection (2) in respect of a Kenya primary standard, the standard shall be conclusively presumed for all purposes to be true and accurate, provided that the certificate is dated not earlier than ten years previous to the date of production thereof. Section 12(4) The Kenya primary standards shall be kept at such place, and under such conditions, as the Cabinet Secr...

Section 13. Kenya primary reference standards Section 13(1) The Cabinet Secretary shall procure and cause to be maintained copies of the Kenya primary standards and the copies shall be designated the Kenya primary reference standards. Section 13(2) Every Kenya primary reference standard shall be verified by such authority and in such manner as may be prescribed. Section 13(3) Before the Kenya primary standards are reverified in accordance with subsection (2) of section 12 , the Director shall cause the Kenya primary reference standards to be verified against the Kenya primary standards, and such Kenya primary reference standards shall be deemed to be the Kenya primary standards during such time as the Kenya primary standards are undergoing verification. Section 13(4) The Kenya primary reference standards shall be kept at such place, and under such conditions, as the Cabinet Secretary may prescribe. Section 13(5) Judicial notice shall be taken of every Kenya primary reference standard. [Act No. 2 of 2002 , Sch.]

Section 14. Secondary standards to be procured Section 14(1)(a) be provided either as a separate standard or by means of divisions marked on a standard of a large measure; and Section 14(1)(b) be either marked in whole or in part with subdivisions representing any multiple or fractions of unit of measurement specified in the Act or have no such markings. Section 14(2) The secondary standards shall, at such time as the Cabinet Secretary may prescribe, be compared with the Kenya primary reference standards in the presence of the custodians of the Kenya primary reference standards, and when necessary shall be corrected and adjusted. Section 14(3) The secondary standards shall not be used elsewhere other than at the premises approved by the Director for their custody. Section 14(4) The custodians of the Kenya primary reference standards shall cause every weight or measure submitted to them for certification under this section to be compared with such one or more of the Kenya primary reference standards as may appear to them to be appropriate and, if that weight or measure is found correct and satisfies any other requirements of this Act, they shall issue a certificate to that effect wh...

Section 15. Secondary reference standards Section 15(1) The Cabinet Secretary shall provide secondary reference standards of such of the measures and weights set out in Part I of the Third Schedule as the Director may from time to time recommend as being proper and sufficient for the purposes of this Act. Section 15(2) The Director shall ascertain the accuracy of secondary reference standards by reference either directly or indirectly to secondary standards, at least once every year; and the standards may be used by an inspector for any purpose in connection with his duties. Section 15(3)(a) be provided either as separate standards or by means of divisions marked on a standard of a larger measure; and Section 15(3)(b) be either marked in whole or in part with subdivisions representing any multiples or fractions of a unit of measurement specified in the Act, or have no such markings. Section 15(4) Secondary reference standards may be replaced from time to time as may appear to the Cabinet Secretary to be necessary or expedient. Section 15(5) Every standard provided under this section shall, until the contrary is proved, be deemed to be true and accurate. [Act No. 2 of 2002 , Sch.]

Section 16. Working standards and testing equipment Section 16(1)(a) be provided either as a separate standard or by means of divisions marked on a standard of a larger measure; and Section 16(1)(b) be either marked in whole or in part with subdivisions representing any multiples or fractions of a unit of measurement specified in the Act or have no such markings. Section 16(2) Working standards and testing equipment shall be maintained in such manner as the Cabinet Secretary may prescribe. Section 16(3) The Cabinet Secretary may by order vary the Third Schedule by adding to or replacing any of the weights, measures or instruments specified therein as he may deem necessary. Section 16(4) Every working standard provided under this section shall, until the contrary is proved, be deemed to be true and accurate. [Act No. 2 of 2002 , Sch.]

Section 17. Testing of standards and equipment of other institutions Section any article used or proposed to be used as a standard of a unit of measurement of mass, length, capacity, area or volume; and

Section 18. Meaning of "use for trade" Section 18(1)(a) the transaction is by reference to quantity or is a transaction for the purposes of which there is made or implied a statement of the quantity of goods to which the transaction relates; and Section 18(1)(b) the use is for the purpose of the determination or statement of that quantity. Section 18(2)(a) for the transferring or rendering of money or money’s worth in consideration of money or money’s worth; or Section 18(2)(b) for the making of a payment in respect of a toll or duty or other dues; Section 18(2)(c) for the assessment of any work done, wages due or services rendered. Section 18(3)(a) the determination or statement is a determination or statement of the quantity of goods required for dispatch to a destination outside Kenya; and Section 18(3)(b) no transfer or rendering of money or money’’s worth is involved other than the passing of the title to the goods and the consideration for them. Section 18(4)(a) any weighing or measuring instrument which is made available in Kenya for use by the public, whether on payment or otherwise; and Section 18(4)(b) any instrument which is used in Kenya for the grading by reference to...

Section 19. Units of measurement, weights and measures lawful for use for trade Section 19(1)(a) use for trade any weight or measure which is not authorized by this Act; or Section 19(1)(b) use for trade, or have in his possession or control for use for trade any weight or measure of a denomination other than those specified in Part I of the Third Schedule. Section 19(2) No person shall use the carat (metric) for trade except for the purposes of transactions in precious stones, pearls, precious metals or articles made therefrom. Section 19(3) Except as may be prescribed and subject to any rules made under section 33 , no capacity measure specified in Part I of the Third Schedule shall be used for trade by means of any division or subdivision marked thereon as a capacity measure of any lesser quantity. Section 19(4) Any person who contravenes the provisions of this section shall be guilty of an offence and any weight or measure used or in the possession of any person or control for use for trade in contravention of any of those provisions shall be forfeited.

Section 20. Offences for use or possession of certain weighing or measuring instruments Section Every person who uses or has in his possession or control for use for trade a weighing or measuring instrument not constructed to indicate in terms of some weight or measure authorized by this Act shall be guilty of an offence and the weighing or measuring instrument shall be forfeited.

Section 21. Offences relating to false or unjust weights, measures or weighing or measuring instruments Section Every person who uses or has in his possession or control for use for trade any weight, measure, weighing or measuring instrument which is false or unjust shall be guilty of an offence and the weight, measure, weighing or measuring instrument shall be liable to be forfeited.

Section 22. Mode of use of measure of capacity Section 22(1) In using a measure of capacity, the same shall not be heaped, but either shall be stricken with a round stick or roller straight and of the same diameter from end to end, or if the article sold cannot from its size or shape be conveniently stricken it shall be filled in all parts as nearly to the level of the brim as the size and shape of the article permits. Section 22(2) Any person who uses a measure of capacity for trade otherwise than in accordance with subsection (1) shall be guilty of an offence.

Section 23. Offences relating to fraud in the use of weights, measures or weighing or measuring instruments Section Where a fraud is committed in the use of any weight, measure, weighing or measuring instrument, the person committing the fraud, shall be guilty of an offence and the weight, measure, weighing or measuring instrument shall be forfeited; except so however that where the Court is satisfied that the weight, measure or weighing or measuring instrument is the property of a person other than the person committing, or a person being a party to the commission of, the fraud, the Court may waive the forfeiture.

Section 24. What weight, measure, weighing or measuring instruments is unjust Section Every weight, measure or weighing or measuring instrument which has a greater error than the limit of error prescribed under this Act shall be deemed to be false or unjust for the purposes of this Act.

Section 25. Offences for sale of incorrect weights, measures, weighing or measuring instruments Section 25(1) A person shall not make for sale or cause to be made for sale or sell or cause to be sold, any false or unjust weight, measure, weighing or measuring instrument, and no person shall sell or expose for sale any weight, measure, weighing or measuring instrument, intended for use for trade unless the same bears a valid stamp of verification of a date not earlier than one year previous to such sale or exposure. Section 25(2)(a) a weighing or measuring instrument of a type which when made was not intended or designed for use for trade and which was then marked with the words "Not Legal for Trade Use" permanently and clearly on some conspicuous part thereof; or Section 25(2)(b) a measure, weighing or measuring instrument which is required by this Act to be permanently installed at the place where it is to be used before it is verified. Section 25(3) Any person who contravenes the provisions of this section shall be guilty of an offence and the weight, measure, weighing or measuring instrument in respect of which the offence is committed shall be forfeited.

Section 26. Offences in connection with stamping of weights, measures, weighing or measuring instruments Section 26(1)(a) not being an inspector or a person acting under the instructions of an inspector, marks in any manner any plug or seal used or designed for use for the reception of a stamp; Section 26(1)(b) forges, counterfeits or, except as permitted by or under this Act, in any way alters or defaces any stamp; Section 26(1)(c) removes any stamp and inserts it into any other such weight, measure or weighing or measuring instrument; Section 26(1)(d) makes any alteration in the weight, measure or weighing or measuring instrument after it has been stamped such as to make it false or unjust; or Section 26(1)(e) severs or otherwise tampers with any wire, cord or other thing by means of which a stamp is attached to the weight, measure or weighing or measuring instrument, Section 26(2)(a) bears a stamp which is a forgery or counterfeit or which has been transferred from another weight, measure or instrument, or which has been altered or adjusted otherwise than as permitted by or under this Act; or Section 26(2)(b) is false or unjust as a result of an alteration in the weight, measure...

Section 27. Verification of weights, measures, weighing of measuring instruments Section 27(1) An inspector shall, not more often than once in every year call upon persons in any area having weights, measures, weighing or measuring instruments in use for trade to produce the same for the purpose of their being examined, verified, stamped or restamped at such time and place within that area as he may appoint. Section 27(2) For the purposes of subsection (1) there shall be published a notice in the Gazette and in a newspaper circulating within such area stating the time and place so appointed, such time not being earlier than fourteen days after the publication of the notice. Section 27(3) Where a weight, measure, weighing or measuring instrument, by reason of it being permanently fixed or of its heavy weight or delicate construction cannot be conveniently moved or where a weight, measure, weighing or measuring instrument is situated at a distance exceeding twenty kilometres from the nearest place appointed in pursuance of subsection (1) it shall be sufficient for the purposes of this section if the person who has the same for use for trade notifies in writing its position to the ins...

Section 28. Offences in connection with obstruction of inspector Section Any person who refuses or fails to produce to an inspector any weight, measure, weighing or measuring instrument in his possession or custody or control for use for trade, whereof the inspector requires the production under this Act, or who obstructs or hinders or assaults an inspector in the performance of any duty or act imposed or authorized by this Act or who fails to comply with any reasonable request made by an inspector in the course of his duty under this Act, shall be guilty of an offence.

Section 29. Presumption concerning possession Section Where any weight, measure, weighing or measuring instrument is found in the possession or control of any person carrying on trade or is found on any premises, whether in a building or not and whether open or enclosed, which are used for trade, that person shall be deemed for the purposes of this Act to have the weight, measure or weighing or measuring instrument in his possession for use for trade and the onus of proving the contrary shall be upon him.

Section 30. Approval of pattern of weighing and measuring instruments for trade Section 30(1) Where any pattern of weighing or measuring instrument is submitted by any person to the Director for approval in such manner as the Cabinet Secretary may prescribe the Director shall, on payment by that person of such fee as may be prescribed, cause to be examined in such manner as he thinks fit the suitability for use for trade of instruments of that pattern, having regard in particular to the principle, materials and methods used or proposed to be used in its construction, and if the Director is satisfied that such weighing or measuring instrument is suitable for use for trade then he shall issue a certificate of approval of that pattern and may from time to time thereafter authorise such modifications thereof as he may think fit. Section 30(2) Where a person submits a pattern of a weighing or measuring instrument to the Director under subsection (1) the Director may require the person to deposit with him the weighing or measuring instrument or parts of that pattern or model of such weighing or measuring instrument together with drawings of such weighing or measuring instrument or parts...

Section 31. Prescribed weighing or measuring instrument, etc. Section 31(1) The provisions of this section shall apply to the use for trade a weighing or measuring instrument of such class as may be prescribed. Section 31(2) No person shall use any article for trade as a weighing or measuring instrument to which this section applies, or have any article in his possession for such use unless that article, or weighing or measuring instrument 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 valid stamp of verification indicating that it has been so passed; and 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. Section 31(3) Where a person submits any weighing or measuring instrument of a pattern in respect of which a certificate of approval granted under section 30 is for the time being in force, and an inspector is of the opinion that the weighing or measur...

Section 32. Exemption from marking or stamping Section The requirement of this Act in respect of marking and stamping shall not apply to any weight, measure or weighing or measuring instrument which is of delicate construction or too small to be marked or stamped in accordance with those requirements.

Section 33. Rules relating to weighing or measuring for trade Section the material and principles of construction of weights, measures or weighing or measuring instruments for use for trade;

Section 34. Rules relating to transactions in particular goods Section 34(1)(a) are sold only by quantity expressed in such manner as may be so specified; Section 34(1)(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; Section 34(1)(c) are pre-packed, or are otherwise made up for sale or for delivery after sale, only in or on a container of a size or capacity so specified; Section 34(1)(d) 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; Section 34(1)(e) are not sold without the quantity sold expressed in such manner as may be so specified being made known to the buyer at or before such time as may be so specified; Section 34(1)(f) 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 Section 34(1)(f)(i) such information as to the quantity of the goods in question comprised in each item for sale by mean...

Section 35. Rules as to information Section 35(1)(a) as to the manner in which any container required by rules made under section 34 (1) to be marked with information (including in particular information as to quantity or capacity) is to be so marked; Section 35(1)(b) as to the manner in which any information required by any such provision to be displayed on or in a vending machine is to be so displayed; Section 35(1)(c) as to the conditions which must be satisfied in marking with information as to the quantity of goods made up in it 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 to be made known to the buyer at or before a particular time; Section 35(1)(d) as to the units of measurement to be used in marking any such container or machine with any information; Section 35(1)(e) for securing, in the case of pre-packed goods, that the container is so marked as to enable the packer to be identified; Section 35(1)(f) as to the method by which and conditions und...

Section 36. Exemption from requirements imposed under sections34and35 Section The Cabinet Secretary may by order grant, with respect of goods or sales of such descriptions as may be specified in the order, an exemption, either generally or in such circumstances as may be specified, from all or any of the requirements imposed by or under sections 34 and 35 .

Section 37. Offences relating to transactions in goods Section 37(1)(a) whether on his own behalf or on behalf of another person, offers or exposes for sale, sells or agrees to sell; or Section 37(1)(b) causes or suffers any other person to offer or expose for sale, sell or agree to sell on his behalf, Section 37(2)(a) whether on his own behalf or on behalf of another person, has in his possession for sale, sells or agrees to sell; or Section 37(2)(b) except in the course of carriage of the goods for reward, has in his possession for delivery after sale; or Section 37(2)(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 goods to which subsection (3) applies, whether the sale is or is to be, by retail or otherwise. Section 37(3)(a) which are required to be pre-packed only in particular quantities but are not so pre-packed; Section 37(3)(b) which are required to be otherwise made up in or on a container for sale or for delivery after sale only in particular quantities but are not so made up; Section 37(3)(c) which are required to be made for sale only in particular qu...

Section 38. Quantity to be stated in writing in certain cases Section 38(1)(a) which is required under this Act to be a sale by quantity expressed in a particular manner; Section 38(1)(b) in the case of which the quantity of the goods sold expressed in a particular manner is so required to be made known to the buyer at or before a particular time; or Section 38(1)(c) which, being a sale by retail not falling within paragraph (a) or (b), is, or purports to be, a sale by quantity expressed in a particular manner other than by number. Section 38(2) Subject to subsections (4) to (6), unless the quantity of the goods sold expressed in the manner in question is made known to the buyer at the premises of the seller and the goods are delivered to the buyer at those premises on the same occasion as, and at or after the time when, that quantity is so made known to him, a statement in writing of that quantity shall be delivered to the consignee at or before delivery of the goods to him. Section 38(3) If subsection (2) is contravened then, subject to sections 46 to 49, the person by whom, and any other person on whose behalf, the goods were sold shall be guilty of an offence. Section 38(4) If...

Section 39. Exemptions from requirements ofsection 38 Section The Cabinet Secretary may, by order, grant with respect to goods or sales of such descriptions as may be specified in the order, an exemption, either generally or in such circumstances as may be so specified, from all or any of the requirements of section 38 .

Section 40. Short weight Section 40(1)(a) a lesser quantity than that purported to be sold; or Section 40(1)(b) a lesser quantity than corresponds with the price charged, Section 40(2) For the purposes of this section any statement, whether oral or in writing, as to the weight of any goods shall be taken, unless otherwise expressed, to be a statement as to the net weight of the goods.

Section 41. Misrepresentation Section 41(1)(a) on or in connection with the sale or purchase of any goods; Section 41(1)(b) in exposing or offering any goods for sale; Section 41(1)(c) in purporting to make known to the buyer the quantity of any goods sold; or Section 41(1)(d) in offering to purchase any goods, Section 41(2) Subsection (2) of section 40 shall have effect for the purposes of this section as it has effect for the purposes of that section.

Section 42. Quantity less than stated Section 42(1)(a) any person who has those goods in his possession for sale shall be guilty of an offence; and Section 42(1)(b) if it is shown that the deficiency cannot be accounted for by anything occurring after the goods had been sold by retail and delivered to, or to a person nominated in that behalf by the buyer, any person by whom or on whose behalf those goods have been sold or agreed to be sold at any time while they were pre-packed in or on the container in question, Section 42(2)(a) in the case of a sale of or agreement to sell any goods which, not being pre-packed, are made up for sale or for delivery after sale in or on a container marked with a statement in writing with respect to the quantity of the goods; or Section 42(2)(b) in the case of any goods which, in connection with their sale or an agreement for their sale, have associated with them a document containing such a statement, the quantity of the goods is at any time found to be less than that stated, then, if it is shown that the deficiency cannot be accounted for by anything occurring after the goods had been delivered to, or to a person nominated in that behalf by the buy...

Section 43. Incorrect statements Section 43(1) Notwithstanding section 42 (2) to (4), if in the case of any goods required under this Act to have associated with them 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 while that statement was contained in the document, shall be guilty of an offence. Section 43(2) Subsection (2) of section 40 shall have effect for the purposes of this section as it has effect for the purposes of that section.

Section 44. Offences due to default of third person Section Where the commission by any person of an offence in respect of any goods is due to the act or default of some other person not being a person under the control of the first-mentioned person, the other person shall be guilty of an offence and may be charged with and convicted of the offence whether or not proceedings are taken against the first mentioned person.

Section 45. Presumption concerning the nature of goods Section In any proceedings under this Act, the description of any goods in any charge shall be prima facie evidence that the goods were at the time of the offence and subsequently as so described, and the burden of proving the contrary shall lie upon the accused person.

Section 46. Warranty Section 46(1)(a) 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 Section 46(1)(a)(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 Section 46(1)(a)(ii) as conforming with the statement marked on any container to which the proceedings relate; and Section 46(1)(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 conform; and Section 46(1)(c) that at the time of the commission of the offence he did in fact believe the statement contained in the warranty to be accurate and had no reason to believe it to be inaccurate; and Section 46(1)(d) if the warranty was given by a person who at the time he gave it was resident outside Kenya, that the person charged had taken reasonable steps to check the accuracy of the statement contained in the warranty; and Section 46(1)(e) in the case of proceedings relating to the quanti...

Section 47. Reasonable precautions and due diligence Section 47(1) In any proceedings for an offence under this Act, it shall be a defence for the person charged to prove that he took all reasonable precautions and exercised all due diligence to avoid the commission of the offence. Section 47(2) If in any case the defence provided by subsection (1) involves an allegation that the commission of the offence in question was due to the act or default of another person (not being a person under the control of the person charged) or due to reliance on information supplied by another person not being a person under his control, the person charged shall not, without the leave of the Court, be entitled to rely on the defence unless, before the beginning of the period of seven days ending with the date when the hearing of the charge began, he served on the prosecutor a notice giving such information identifying or assisting in the identification of the other person as was then in his possession.

Section 48. Subsequent deficiency Section 48(1)(a) of any goods made up for sale or for delivery after sale (whether by way of pre-packing or otherwise) in or on a container marked with an indication of quantity; Section 48(1)(b) of any goods which, in connection with their sale or an agreement for their sale, have associated with them a document purporting to state the quantity of the goods; or Section 48(1)(c) of any goods required under 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 being less than the relevant particular quantity, as the case may be. Section 48(2)(a) in a case falling within paragraph (a) of subsection (1), after the making up of the goods and the marking of the container; Section 48(2)(b) in a case falling within paragraph (b) of that subsection, after the preparation of the goods for delivery in pursuance of the sale or agreement and after the completion of the document; Section 48(2)(c) in a case falling within paragraph (c) of that subsection, after the m...

Section 49. Provisions as to testing Section 49(1)(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; or Section 49(1)(b) of any goods which have been pre-packed or other wise 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, Section 49(2)(a) if the proceedings are with respect to one or more a number of articles tested on the same occasion, shall have regard to the average quantity in all the articles tested; Section 49(2)(b) if the proceedings are with respect to a single article, shall disregard any inconsiderable deficiency; and Section 49(2)(c) shall have regard generally to all the circumstances of the case. Section 49(3) Subsections (1) and (2) shall apply with the necessary modifications to proceedings for an offence in respect of the size, capacity or contents of a container as they apply to proceedings for an offence in respect of the deficiency in the quantity of certain goods. Section...

Section 50. Selling by quantity Section it shall be a 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; and