The Consumer Law Reform Bill introduced a number of changes to the weights and measures legislation. These changes were enacted on the 17th December 2013 with the passing of the Weights and Measures Amendment Act 2013.  The updated version can be viewed online.

Management Representatives should include a copy of the new Act into your quality manual.

The following is a summary of the updates:

• New “Purpose” section, which sets out the spirit of the Act.
• New Infringement Offences
      o Sec 8 – Obligation to use metric system
      o Sec 15 – Counting of goods sold by retail
      o Sec 15(A) – Weighing and measuring of goods sold by retail
      o Sec 18 – Statement of true weight to be supplied to seller
      o Sec 22B – Mandatory Certificates of Accuracy (COA) for specified instruments (no instrument type has been specified)
• Name change for Trading Standards’ high accuracy standards that are used to verify Accredited Persons (APs) standards. District Standards are now known as Reference Standards. This has the potential to allow APs to verify their own working standards in the future. Specific criteria, including a quality management system, would have to be introduced to achieve this. 
• Requirement to provide an invoice to the purchaser where the goods are delivered to a place other than the premises of the seller. The invoice must display required information (amended from previous).
• The section ‘Weighing, measuring and counting of goods sold by retail’ has been amended and separated into two sections. Self -service instruments are now included, where the purchaser performs the measurement action, e.g. at supermarkets.
• A new provision that allows COA to be made mandatory if required. This can be limited to certain types of weighing or measuring instruments known as specified instruments (no instrument type has been specified. Until APs are advised otherwise, there are no weighing or measuring instruments that require mandatory certification). 
• Penalties have been increased for body corporate. An individual = max $10,000 and a body corporate   = max $30,000.
• A new provision to allow the Regulations to be amended to prescribe the form and content of Infringement Offence Notices and Reminder Notices. Notices may be increased to max $2000.
         o Regulations are currently being drafted and it’s expected that the Weights and Measures Amendment Regulations 1999 will come into force on the 17th May 2014 to take into account the new infringement offences.

Trading Standards is pleased to offer, for tender to Accredited Persons, 2 x 500kg mass standards and the lifting cradle, pictured right. The masses are located at the Wellington testing laboratory.  

The weights were used as Reference Standards for the verification of AP standards but due to the relocation of the Trading Standards testing facility from Nelson Street, Petone to Callaghan Innovation in Seaview, there is no longer the facility to use them.  

Kevin Gudmundsson, Legal Metrology Advisor will contact all Accredited Companies within the following month to provide further details on the weights and the tender process.

Promoting the new Trading Standards brand continues with the creation of a new email address.  

APs can provide the new email address tradingstandards@mbie.govt.nz to traders and businesses that have enquiries or require further information regarding a business’s legal obligations.

APs that require clarification on their legal duties and responsibilities should continue to contact their client manager in the first instance.

Trading Standards have been working with web designers to develop an interactive map. The map will generate a randomised list of accredited companies once a user has selected a type of weighing or measuring instrument they have and their region.  

The interactive map will be split into regions as per picture and will have the following instrument types available for selection.

This will allow TSOs to direct business and traders to the interactive tool to find contact details for APs operating in their region. It also serves as a credibility check for businesses to confirm that an AP is from an accredited company.  

A further benefit of this tool is that it will serve as another source of advertisement for your services. The tool will also be promoted by www.business.govt.nz, which is a website owned by MBIE that provide support to small and medium sized businesses.

Trading Standards existing business information will also be updated to direct people to the web based tool.  

The Legal Metrology Advisor will contact the Management Representative in the following month to request the following information:

1. Contact details (website, phone number, email)
2. Area of coverage
3. Instrument type

The interactive map is currently with the design team. If you have any comments or suggestions, please email them to the Legal Metrology Advisor (contact details below).

Accredited Companies can opt out from having their information included in this tool. Trading Standards would expect this to be the case for accredited companies that carry out in-house certification only.

Trading Standards and the Measurement Standards Laboratory (MSL) have had a close working relationship for a number of years.

The Measurement Standards Laboratory (MSL), formed in 1992, is New Zealand's national metrology institute. It ensures New Zealand's units of measurement are consistent with other International authorities.

The Measurement Standards Act 1992 requires MSL to maintain and provide uniform units of measurement of physical quantities for use throughout New Zealand.

Trading Standards primary reference standards are to OIML classification E2. The Act requires that every 5 years these standards are sent to MSL for actual value comparison against the NZ national standards, class E1.

Along with providing high accuracy calibration services to TS and industry, MSL also provides expert advice on all matters relating to measurement traceability for IANZ. On an international front, MSL participates on a number of forums including ‘redefining the kilogram’ and carries out major international research in science and in the development of standards through collaboration with other international bodies.

MSL offer calibrations for a range of areas namely Chemical, Biological, Electricity, Length and Dimensional, Photometry and Radiometry, Mass and Pressure, Temperature and Humidity, Frequency and even Time, which they are the official NZ timekeepers. 

Below is a pyramid diagram of the traceability chain for mass between MSL, TS and APs. TS volume measurements are directly traceable to mass using the density of water. TS measures of length are calibrated by MSL and would come under a similar hierarchy.

Approvals issued since the January issue of ‘The Measure’.

An updated file of approval certificates, which includes newly issued certificates and variants, is now available for download from our Certificates of Approval Database.  

Please note it is your responsibility to ensure that you download the updated files when they are released every 4 months.  If you need to view certificates, you can download the full set or contact Srinivas Bobbala, Advisor Type Approvals Technical (contact details below).

Trading Standards Officers have identified some issues with the verification and certification test procedures for front-end loaders.  The test procedures are currently being reviewed to clarify certain aspects of the tests, such as delta loads, number of lifts, and error limits.

Once finalised the draft copy will be sent to the APs accredited for front-end loaders and equipment manufacturers for their feedback and comments.  

Trading Standards are also planning to develop a guideline document for industry and operators who use these high capacity instruments. This will include correct procedures and steps to take during the weighing process to help minimise errors in the final weight results.

Recently Trading Standards was approached with queries relating to AP’s testing Traders’ weights.  There has been a misconception that weights or masses that traders use to perform weight checks on their own scales are called ‘Traders weights’.  Actually these masses are ‘test weights’ used for checking the accuracy of weighing instrument. There is no accreditation category for ‘test weights’, therefore ‘test weights’ when tested may be issued with a calibration report and not a verification report. The calibration report can reference the IANZ accredited report, issued by TS, for your reference weights to show traceability.  

What is a Traders’ Weight?

Trading Standards define ‘traders’ weights’ as “weights that are part of the weighing instrument and are used to indicate a whole or partial weighing range”.  In simple terms, ‘Traders’ weights’ are used in conjunction with a weighing instrument, such as a non self- indicating or a semi self- indicating instrument, to counterbalance the goods to determine the final weight of the goods (see figure above).

Q. What kind of sealing provisions are provided on a Fuel Dispenser (Driveway flowmeter)?  

A. Typical sealing provisions are described in the Certificate of Approval documentation issued  for the equipment. 
Some of the standard sealing locations include:  K-factor switch, Mechanical calibration  adjustment device on the flowmeters, COM type flowmeters must be secured to the  framework (Certificate #1584).
 

Q. Can I do a $5 pre-set test and call it a price computing test and not fill up the measure to strike?

A. Yes. Pre-set tests on driveway flowmeters are to determine if the solenoids are functioning correctly, e.g. switching off at the preset amount. When doing preset tests you are not required to carry on and fill the measure to strike. Volume tests are performed at 5 litres and 20 litres fast and slow to determine accuracy.

Q. What error limits are allowed for hose dilation on a fixed liquid fuel measuring system?

A.1 Instrument provided with a hose reel:  The increase in internal volume due to the hose being uncoiled and pressurised by switching on the delivery system without any flow of liquid must not exceed twice the maximum error at the minimum delivery permitted for the instrument by regulation 73.  

A.2 Instrument provided without a hose reel: The increase in internal volume due to the hose being pressurised by switching on the delivery system without any flow of liquid must not exceed the maximum error at the minimum delivery permitted for the instrument by regulation 73.

Auckland: PO Box 19543, Auckland 1746

Trading Standards Officers:
Agatha Cordeiro       09 970 4359 or  021 482 712
Alex Day                  09 970 4354 or  021 245 7262
Davis White              09 970 4355 or 021 845 746

Trainee Trading Standards Officer:
David Antunovich      09 970 4358 or  021 244 9194

Advisor Type Approvals and Technical:
Srinivas Bobbala       09 970 4352 or  021 582 055

Christchurch:    Private Bag 4714, Christchurch

Trading Standards Officers:
Julian Crane             03 962 6216 or  021 349 866
Ben Aitken               03 962 6218 or  021 445 857

National Operational Team Leader:
Bob Jones                03 962 6214 or  021 451 542 

Wellington:       PO Box 10729, Wellington 6011

Trading Standards Officers:
Drew Delany             04 901 1281 or 029 771 0085
Phil Sorrell               04 901 2420 or 0218399487

Acting Legal Metrology Advisor:
Kevin Gudmundsson 04 939 8429 or  021 244 7313

Trading Standards Manager:
Stephen O'Brien       04 460 1367 or  021 221 4830

Administrative Support:
Isabel Bennett           04 498 7447