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Metrology Act (Cap. 454) Consolidated

CHAPTER 454

METROLOGY ACT

To repeal and replace the Weights and Measures Ordinance.

15th September, 2006

ACT XXV of 2002, as amended by Act XV of 2006; Legal Notices 427 of

2007 and 110 of 2010; and Act VI of 2011.

PART I
Preliminary

1. The short title of this Act is the Metrology Act.

2. In this Act unless the context otherwise requires -

"Authority" means the Malta Competition and Consumer Affairs Authority as established by the Malta Competition and Consumer Affairs Authority Act;
"cal ibrati on" refers to al l th e operations for the purpose of determining the values of errors of a measuring instrument;
"container" means a container in whi c h g ood s are expo sed, packed, offered for sale or sold, including, in particular, a bag, case, carton, bottle, glass, box, can, envelope, net, sack or wrapper, whether or not such wrapper fully encloses its contents;
"conformity assessment procedures" has the meaning assigned to it by article 8;
"Court" means the Court of Magistr ates sitting as a court of criminal judicature;
"Director General" means the per s on ap p o i n t e d as D i r ecto r G e n e ral ( St a n d ar ds an d Met r olo gy) b y arti cle 2 1 of the Malta Competition and Consumer Affairs Authority Act;
"functions" includes powers and duties;
"goods" means anything which may be the subject of trade or manufacture;
"inspector" means a person authorised or appointed under article
5 to be an inspector for the purposes of this Act;
"Institu te" m e ans the St andards an d Metrology Institute as established by article 21 of the Malta Competition and Consumer Affairs Authority Act;
"legal metrology" means that part of metrology which deals with units of measurement, methods of measurement and of measuring instrum e nt s i n relation to the m a n d at ory technical and leg a l requirements which have the object of ensuring the appropriate accuracy of measurements;
"mark" or "marking" includes any inscription, stamp or label

Short title. Amended by: XV. 2006.19.

Interpretation. Amended by: XV. 2006.20; VI. 2011.163. Cap. 510.

Cap. 510.

Cap. 510.

signifying conformity or otherwise of a measuring instrument with thi s Act and regul atio ns made thereunder whethe r applied by impressing, casting, engraving, etching, branding or otherwise;
"measurement standard" means a measuring instrument intended to define, to represent physically, to conserve or to reproduce the unit of measurement of a quantity, or a multiple or sub-multiple of that unit in order to transmit it to other measuring instruments by comparison;
"measuring" means the act or process of appraising, assessing, calculating, calibrating, compu tin g, estim ati ng, eval uati ng or gauging of length , volume, weight or magnitude, and "measurement" shall be construed accordingly;
"measuring instrument" means a device intended to be used to make measurements, alone or in conjunction with a supplementary device or devices;
"Metrol ogy" is the field of knowledge concern e d with m e asurement, the pri n ci pal fields of whi c h are: units of measurement and their measurement standards, measurements and measuring instruments;
"Minis te r" means the Minister responsible for standards and metrology and includes, to the extent of the authority given, any p erson aut hori sed by t h e Mini st er to act in that behalf for any purpose of this Act;
"ordinary measuring instrument" means a measuring instrument intended for ordinary use b u t not for the verification of other measuring instruments;
"periodical verification" means a verification of a m easuring instrument, not being an initial verification, which is carried out periodically, at such intervals and according to such procedures as may be established by the Institute;
"pre-package" means a produ ct whic h ha s been plac ed in a container of whatever nature without the purchaser being present and where the quantity of the product contained in the package has a pre-determined value and cannot be altered without the package either being opened or undergoing a modification;
"prescribed" means prescribed by regulations made under this
Act;
"prescribed purpose" refers to any of the purposes falling within the terms of article 7(1);
"sell" includes offer, expose, advertise or keep for sale, and to supply by way of or for the purpose of consumption, and similar or related words shall be construed accordingly;
"SI System " mean s the International System of Units, "SI", namely, the coherent system of units adopted and recommended by the 11th General Conference on Weights and Measures (Conférence Générale des Poids et Mesures - CGPM) in 1960, and as may be revised from time to time;
"stamp" means a device used to apply a mark under this Act to a
measuring instrument to ind i cate t h at it co nforms to the requirements of verification;
"stamping" includes any operation adopted for the purpose of applying to a measuring instrument the marks indicating that it conforms to the requirements of verification;
"type approval" means the examination, including testing in acco r dance wi th int e rn atio nal p r a c t i c e s, an d ap p r ov al of a particular design or pattern of measuring instrument to show that it is suitable for use for a prescribed purpose and is capable of achieving the accuracies required;
"unit veri fication" means the ex amination of a m e asurin g instrument, generally of a unique design and intended for a specific applicatio n, to establish that it satisfies legal metrolog ical requirements;
"user" means the person or organisation responsible for the use of the measuring instrument for the purposes of this Act;
"verification" means all t h e operations carried out by the I n sti t u t e , or by ver i f i er s on it s beh a l f , h a vi n g t h e o b j ect o f ascertaining and confirming that the measuring instrument entirely satisfies the requirements of this Act in respect of verification;
"ver ification m a r k " mean s a m a r k applied to a m e asuring instrument certifying that the verification of t h e m e asuring instrument was carried out with satisfactory results;
"verifier" means a person authorised or appointed under article 5 to carry out verification within the meaning and for the purposes of this Act.
PART II
Administration
3. (1) The Director General (Standards and Metrology), as appo inted by the Malta Compet ition an d Co nsumer Af fai r s Authority Act, shall have the responsibilities as may be assigned to him by this Act, by the Malta Competition and Consumer Affairs Authority Act, and by any other law.
(2) The Director General shall carry out such functions as are assigned to him by this Act or by regulations made thereunder or by any other law.
(3) The Director General shall furnish to the Authority such i n formati o n regarding t h e per f or m a n c e of his fun c tio ns as t h e Authority may from time to time request.
(4) The Director General and any other person as may be emp l oyed or ot herwise ap poi nted by the Aut hority to exercise functions under this Act shall not have any personal interest in the making, adjusting or selling of measuring instruments.

Director General (Standards and Metrology). Amemded by:

VI. 2011.163, 164.

Cap. 510.

4. (1) There shall be established a Metrology Advisory

Board, the functions of which shall be:
(a) to provide advice of a scientific and technical nature to the Director General and to provide assistance on

The Metrology Advisory Board. Amended by:

VI. 2011.163.

general matters of policy and organisation relating to the functions and activities of the Institute; and
(b) to submit proposals and recommendations for new projects in the field of legal metrology.
(2) The number of members, manner of procedure of their appointment and their terms of office shall be determined by the Au th or ity, p r o v id ed th at the m e mb ers shal l be ap po in ted fr om among persons enjoying technical expertise in legal metrology.
(3) Administrative matters relating to the Metrology Advisory
Board shall be conducted by the Director General.

Appointment of inspectors and verifiers. Amended by:

VI. 2011.163.

5. (1) The Authority may appoint any person being an officer of the Authority to be an inspector for the purposes of this Act.

(2) The Institute may appoint any person, whether physical or otherwise, to be a verifier for the purposes of this Act.
(3) (a) The Institute shall provide for the holding of examinations for the purpose of ascertain i ng whether persons possess sufficient skill and knowledge for the proper performance of the functions of inspectors and verifiers, and for the granting of certificates of qualification to persons who pass such examinations.
(b) The Institute shall establish the standard of skill and knowledge, as well as other requirements, needed for a person to qualify as inspector or verifier.
(4) The Institute shall ensure that the persons so appointed continue to meet the requirements laid down in accordance with subarticle (3).
(5) Every person appointed under subarticles (1) and (2) as an inspector or as a verifier shall be furnished with a certificate of his appointment by the Institute. Such certificate shall be valid for such period and may include such conditions as the Director General may consider appropriate.
(6) The Institute may, if it deems fit, arrange with some other person t o hold exam inatio ns for the purp o se m e ntioned in subarticle (3).
(7) No certificate of qualification shall be issued to any person who has not yet attained the age of eighteen.
(8) There shall be charged, in respect of any examination which is held by the Institute under this article, such fees as the Authority may from time to time determine.
(9) The Authority may, upon the recommendation of the Director General, and under such conditions as may be prescribed, at any time revoke an appointment made under this article, and in such case, the p e rso n whose appoi ntmen t is so revo ked shall surrender to the Institute the certificate furnished under this article.
(10) The Institute shall monitor the activities of the verifiers appointed under this Act.

6. (1) An inspector duly appointed in terms of this Act, in the discharge of his duties, shall have the following powers:

(a) to enter and search any industrial establishment or commercial premises or vehicles or vessels, where a measuring instrument which is meant to be used for any prescribed purpose, is installed or kept, or where there is reason to believe it is installed or kept;
(b) to enter any premises or any other place, including a vehicle or vessel, in which any activity in connection with the manufacturing, processing, supplying, distributing, importing or wholesale or retail selling of goods is carried on;
(c) to inspect such premises and examine and test any such measuring instruments or goods found thereon for the purposes of establishing conformity with the provisions of this Act;
(d) to apply non-conformity marks to the measuring instrument if, following any such inspection or testing, a measuring instrument is found not to be in conformity with the provisions of this Act;
(e) to remove from the premises for examination, testing and measuring any goods or measuring instrument to which a non-conformity mark has been applied;
(f) to require the owner, the person in charge or any employee in charge of or at the place entered to provide all reasonable assistance including personal assistance, and to produce books, records and written or electronic documents to enable the inspector to carry out his functions under this Act;
(g) to inspect and copy or take extracts from any such books, records or other documents; and
(h) in the case of any vehicle or vessel referred to in paragraph (a), to request the owner or operator thereof to bring the vehicle or vessel for examination to a location as may be indicated to him by the inspector.
(2) An inspector who removes a measuring instrument or goods pursuant to su barticle (1)(e) sh all no tify fo rt hwi th, and issue a receipt to, the person from whose premise s the mea s uring instrument or goods are taken, or that person’s authorised representative, indicating that the measuring instrument or goods, as the case may be, are taken in pursuance of this Act.
(3) No entry and search shall be effected outside the normal business hours of the establishment concerned, unless the Director General has cause to believe that delay could cause the loss or sup p ression of any evi d en ce or may o t herwise prejud ice t h e outcome of the search.
(4) An inspector may seize and retain:
(a) any article, measuring instrument, stamp or goods which he believes to be in contravention of this Act;

Powers of inspectors. Amended by: VI. 2011.163.

and
(b) any document relating to a measuring instrument or any document displayed with any goods offered or exposed for sale which relates to the price or quantity of the goods, and which the inspector believes may be required as evidence in any proceedings.
(5) Any person who -
(a) obstructs or impedes an inspector in the exercise of his functions, or does not comply with a requirement made by an inspector in carrying out any of his functions under this Act, or
(b) refuses or fails to give an inspector any assistance or information which the inspector may request in the performance of any of his functions under this Act, or
(c) makes an incorrect, false or misleading statement, either verbally or in writing, to an inspector who is engaged in carrying out any of his functions under this Act,
shall be guilty of an offence under this Act.
(6) Where it results to an inspector that a measuring instrument or a measurement standard fails to give the correct measurement which it purports to give or is otherwise faulty, the inspector may give the person responsible a written notice ordering him that, until such time as the said notice is withdrawn, the measuring instrument shall not be used and, where applicable, shall be removed. Any person who knowingly acts in contravention of such written notice shall be guilty of an offence under this Act.
(7) The Director General may exercise any of the powers conferred on an inspector under this article.
(8) In the course of any entry and search under this article, the
Director General may request the assistance of the Police.
(9) In the exercise of any powers conferred by this article, the in spector shall, if so request ed , provide evi d ence of hi s appointment.
(10) The inspector may be accompanied by such other persons and take with him such instruments as are necessary for the purpose of carrying out his functions.

Metrological controls of measuring instruments. Amended by: VI. 2011.163.

PART III
Control Procedures of Measuring Instruments, Measurements, Product Quantities and Pre-packages

7. (1) Measuring instruments used or intended to be used for certain measurements, including:

(a) measuring instruments used for the verification of ordinary measuring instruments;
(b) measuring instruments used for transactions in goods and services, fiscal or postal transactions, or for
analogous or similar purposes in pursuance of a trade or business;
(c) measuring instruments used in or for the enforcement of this Act or of any other law; and
(d) measuring instruments used in the field of public health, safety or environmental protection,
as may be prescribed shall be subject to metrological controls.
(2) Only measuring instruments that have successfully un derg on e t he co nt rol s l ist ed u nd er a rt ic le 8(2 ) an d such o th er controls as may be established by the Institute may be used for any prescribed purpose.
(3) Persons importing, manufacturing, repairing, selling, hiring, using or otherwise dealing in measuring instruments within the meaning of subarticle (1), must inform the Institute of their activity and become registered with it within such timeframes as the Institute may establish by notice in the Gazette, and different timeframes may be established for different categories or classes of measuring instr u ments. For this purpose, the Institute sh all maintain a register of such persons, and it shall have the power to req u ire any such pe rson t o furni s h it wi th any i n format io n, documentation and undertakings as it may deem fit.
(4) Any person who fails or neglects to comply with the provisions of subarticles (1), (2) or (3) shall be guilty of an offence.
(5) Where, in the special circumstances of any particular case, it appears to the Institute that it wo ul d be im pract icab le or unnecessary that a particular measuring instrument be subjected to metrological controls in terms of this article, the Institute may, by an exem pt ion in wr iti ng, dispense with su ch requirement. The Institute may attach any conditions, including a time limit, to any such exem ption and any person who contravenes any condition attached to an exemption shall be guilty of an offence.
(6) For the purposes of this article, "measuring instrument" shall include any measuring instruments used or offered for use by private or public undertakings.

8. (1) Measuring instruments intended for use for any prescribed purpose, including public weighing, shall be subject to such conformity assessment procedures as may be prescribed by the Institute by notice published in the Gazette.

(2) The conformity assessment procedure may include such controls as may be prescribed by the Institute, and may include:
(a) type approval;
(b) initial verification;
(c) verification after repair or modification; (d) periodical verification;
(e) supervision of the procedures effecting the use or operation of measuring instruments.
(3) The Institute shall certify whether or not the measuring

Conformity assessment procedures. Amended by: VI. 2011.163.

instrument has successfully undergone the conformity assessment procedures adopted in its regard in terms of subarticle (2):
Provided that a certificate of conformity issued by an inspector or a verifier duly appointed in terms of article 5 shall be valid and effective as if issued by the Institute.

Marking of measuring instruments. Amended by: VI. 2011.163.

9. (1) Measuring instruments which have been subject to the conformity assessment and inspection procedures and which have been foun d to confo r m to the relative requ irement shall h a v e a ffi xed , st am p e d, m a rked or o t herw ise ap pl ie d on t h em m a rk s signifying their conformity to the relevant requirement or provided with corresponding certificates and shall accordingly qualify as a "legally controlle d mea s uring in st ru ment ". Th ese mar k s, th eir form, design, application or obliteration together with facilities for receiving such marks shall be prescribed by the Institute which, for the purposes of this subarticle, may impose additional requirements in any matter related to the measuring instrument itself.

(2) A measuring instrument which has not undergone these controls successfully may be given a rejection mark and must be modified, repaired or withdrawn. These marks, their form, design, application or obliteration together with facilities for receiving such marks shall be prescribed by the Institute.
(3) Only persons duly authorized by the Institute may mark or stamp a measuring instrument with metrological control marks in terms of subarticles (1) and (2).
(4) In the event that any marks that should be applied in terms of this article present any difficulty, the Institute may establish alternative forms or means of application.
(5) Stamps shall be made of such material as is determined by the Institute.
(6) Any measuring instrument to which a rejection mark has been affixed, stamped, marked or otherwise applied in terms of this article shall not be used for any prescribed purpose.
(7) Any person keeping or using, for any transaction falling within any prescribed purpose, any false or inaccurate measuring instru ment or any measuring instrument whic h does no t bear a verification mark or which bears a rejection mark shall be guilty of an offence.
(8) For the purposes of this article:
(a) "legally controlled measuring instrument" means a measuring instrument which conforms to prescribed requirements, in particular legal metrological requirements; and
(b) "rejection mark" means a mark or seal applied to a measuring instrument in a conspicuous manner to indicate that the measuring instrument does not comply with the statutory requirements and obliterating any previously applied verification mark.

10. (1) The calibration device on a measuring instrument shall be secured in s u c h a manner as to enable an adjustment to be detected whether on verification or otherwise.

(2) The means by which a calibration device shall be secured shall be prov ided b y th e manuf acturer, suppl ier or u s er of the measuring instrument.
(3) The Institute may, from time to time, prescribe specific requirements on the sealing or securing of measuring instruments.

Sealing and securing measuring instruments. Amended by:

VI. 2011.163.

11. (1) In circumstances as may be determined by the Institute, any measuring instrument or particular type of measuring instrument may be adjusted by an inspector.

(2) Where, on examination by an inspector, a measuring instr u ment is foun d to be inaccu r ate, and adjustment of the m e asur ing i n str u ment is necessary in o r der to rend er i t metrologically accurate, the inspector shall:
(a) notify the owner of the measuring instrument or the owner ’s authorised representative accordingly, detailing the results of the examination; and
(b) request the owner or his representative either to have the work carried out by a third party or to empower the inspector to undertake the necessary adjustment.
(3) The owner or his representative shall bear any costs arising from any adjustment as is referred to in subarticles (1) and (2).

Adjusting of measuring instruments. Amended by: VI. 2011.163.

12. (1) Any measurements that may result from the use of any prescribed purpose may be subject to metrological controls.

(2) The Minister, acting on the advice of the Authority, may define the measurements that are subject to such controls.
(3) The Institute may establish the methods and procedures for the undertaking of such controls as it may deem appropriate.

Liability of certain measurements to metrological controls.

Amended by: VI. 2011.163.

13. (1) Where a transaction may involve the delivery of a definite quantity of a product or an offer for sale involving the indication or labelling of a definite quantity of the product, these product quantities may be subject to metrological controls.

(2) The Institute may, from time to time, establish requirements relating to the control methods and the metrological conditions with which quantities of products and pre-packages must comply, and may define permissible tolerances or variations on quantities.
(3) Any person who, for the purposes of trade or business, sells, buys or offers to buy, delivers or causes to be delivered, any goods by weight, by quantity, by number of items or by any other measure, which does not satisfy the requirements established under this article or any other provision of this Act, shall be guilty of an offence.

Metrological control of product quantities and pre- packages delivered or exposed for sale. Amended by:

VI. 2011.163.

Legal units of measurement.

PART IV
Authorised Units and Measurement Standards

14. (1) The units of measurement which are authorised for the purposes of this Act and for any other purposes of law shall be those listed in the First Schedule. Such units shall be used for all transactions which directly or indirectly involve a measurement.

(2) The only lawfully permissible linear, capacity and weight standard measures that may be used for any prescribed purpose shall be those set out in the Second Schedule.
(3) For all purposes of law, the conversion of a unit of measurement listed in the Fi rst Sch e dule to anot her un it of measurement not so listed shall be calculated on the basis of the tables of equivalence laid down in the Third Schedule.
(4) The Fourth Schedule shall be used in the interpretation and application of the provisions of the First Schedule.

Denominations of measurement standard.

15. (1) No person shall hold or have in his possession for any prescribed purpose any linear, capacity or weight standard measure which is not of a denomination shown in the Second Schedule.

(2) Any person who contravenes the provisions of subarticle
(1) shall be guilty of an offence.

Measurement standards. Amended by: VI. 2011.163.

16. (1) The Authority shall provide, maintain or cause to be mai n tain ed such measurement standard s in cl udi ng facil iti es, equipme nt and reference materia ls as a re c onsidered necessa ry from time to time to facilitate the realisation and dissemination of the SI System of Units of meas urement, and to make funding available for such purposes.

(2) For the purpose of subarticle (1), the Authority may, upon th e reco mmendati on of the Director General, designate and delegate other organisations to be responsible bodies in specialised fields of measurement.
(3) The Director General may prescribe the measurement standards maintained under subarticles (1) or (2) and the conditions of their maintena nce, includin g trace ability, custody and the intervals within which the values of measurement standards shall be determined.
(4) Where any doubt arises as to the continued conformity of a measurement standard with the appropriate permissible limits of error, the measurement standard shall not be used until its value has been redetermined or it has been replaced by a measurement standard conforming to the appropriate permissible limits of error. An up -to-date certificate of traceability shall be mainta ined in re sp ec t of e v e r y me as ur eme n t s t andard or set of measurement stand a rds m a intain ed by the I n stitu te or any or gani sat i on designated under subarticle (2).
(5) For the purposes of this article:
(a) "reference material" means a material one or more of whose properties are sufficiently homogeneous to be
used for the calibration of an apparatus, the assessment of a measurement method or the assignment of values to materials; and
(b) "traceability" means the property of the result of a measurement which is related, through an unbroken chain of comparisons, to international measurement standards.
PART V
General provisions

17. (1) No person shall act as a public weigher unless authorised by the Institute.

(2) No authorisation shall be granted to any person in terms of subarticle (1) unless -
(a) he has attained the age of eighteen years;
(b) he has been found guilty of fraud or of an offence affecting public trust; and
(c) he has passed a qualifying examination set by the
Institute.
(3) Any person acting as a public weigher without the necessary author isatio n from th e Institute shall be gu ilty of an offence.
(4) The Institute may, from time to time, issue requirements and guidelines for persons undertaking the activity of public weighers.

Public weighers.

Amended by:

VI. 2011.163.

18. The officers of the Institute shall be deemed to be public officers for all purposes of the Criminal Code.

19. (1) The Minister may, on the advice of the Authority, make regulations -

(a) imposing requirements in relation to any matter related to the pre-packaging of goods, measuring containers, quantities and capacities permitted for pre-packaged products, the make-up by weight or volume of pre- packaged goods, the make-up by volume of pre- packaged liquids and measuring instruments; and
(b) adopting and implementing any commitments and obligations relating to metrology arising out of or under any treaty, convention or other international agreement, whether bilateral, regional or multilateral, to which Malta is a party.
(2) The Minister may, on the advice of the Authority, amend any of the schedules annexed to this Act; and any such amendments may contain such transitional or other incidental provisions as may be prescribed.

Public officers. Amended by: VI. 2011.163. Cap. 9.

Regulations.

Fees. Amended by: VI. 2011.165. Cap. 510.

Language of Schedules and regulations.

Forgery and false marking.

Tampering with marks and measuring instruments.

Removing or breaking of tags, seals and devices.

20. The Authority may, by virtue of this Act and under the pow er s conferred by article 4 8 o f t h e Ma lta C o mpetition and Consumer Affairs Authority Act, levy fees and other charges for type approval, verification, inspection, certification and for any authorisation and registration, or in respect of any other matter arising under this Act, and different fees or charges may be levied for different classes of cases or for different circumstances, and prov ision may al so be made for the imp ositio n of ad dit i onal charges in the event of delay or failure to pay such fees.

21. (1) The Schedules and regulations made under any provision of this Act m ay be drawn up in the English language only.

(2) In the event of conflict or incompatibility between the Maltese and English texts of any Schedules and regulations made under this Act, the English language version shall prevail.
PART VI
Offences and Penalties

22. Any person who -

(a) forges or counterfeits any mark of a type used on any measuring instrument used or intended to be used for any prescribed purpose;
(b) applies to any measuring instrument a mark which is forged or counterfeit, or which is false or incorrect; or
(c) uses, sells, utters or disposes of any measuring instrument with such forged, counterfeit, false or incorrect mark thereon, or any mark liable to be confused with marks authorised under the provisions of this Act,
shall be guilty of an offence.

23. Any person who -

(a) by any means renders a measuring instrument false or inaccurate;
(b) for any prescribed purpose, uses, supplies, sells, utters or disposes of a false or inaccurate measuring instrument; or
(c) not being an inspector or verifier authorised under this Act, attaches, affixes inscribes, inserts or otherwise applies any mark or plate intended for marking, or removes, defaces, obliterates or otherwise changes any such mark or plate from a measuring instrument, or attaches, affixes, inscribes or inserts such mark or plate into a measuring instrument other than the measuring instrument on which the mark was lawfully inscribed in terms of this Act,
shall be guilty of an offence.

24. Any person who unlawfully removes, defaces, obliterates, breaks or otherwise changes any tag, seal or device that has been

placed, affixed or attached by an inspector or by a verifier to a m e asu r in g inst ru men t th at i s o r i s i n ten d ed to b e used fo r an y prescribed purpose shall be guilty of an offence.

25. Any person who -

(a) sells any product by weight, measure or number where the weight, measure or number of the goods sold is less than that purported to be sold or is less than corresponds with the price charged;
(b) in connection with a measuring instrument, makes a false record of any measuring; or
(c) commits any other fraud in connection with any measuring by means of a measuring instrument,
shall be guilty of an offence.

26. (1) The Director General may assist and participate in the prosecution of offences under this Act.

(2) Proceedings for an offence under this Act may be instituted within twelve months from the commission of the offence.

Short measure on sale.

Prosecution of offences. Amended by: VI. 2011.163.

27. (1) A person found guilty of an offence under articles

9(7), 22, 2 3, 2 4 an d 2 5 sh all , on con vict io n, be li able to a fin e
(multa) of not less than one thousand and one hundred and sixty-
four euro and sixty-nine cents (1,164.69) and not exceeding eleven thousand and six hundred and forty-six euro and eighty-seven cents (11,646.87), or to imprisonment for a term not exceeding two years,
or to both such fine and imprisonment.
(2) A person found guilty of an offence under this Act, other than an offence listed in subarticle (1), shall, on conviction, be liable to a fine (multa) of not less than one hundred and sixteen euro and forty-seven ce nts (116.47) a nd not exceeding two thousand and three hundred and twenty-nine euro and thirty-seven cents (2,329.37), or to imprisonment for a term not exceeding six months, or to both such fine and imprisonment.
(3) Without prejudice to the provisions of the Criminal Code, in any judgement given in proceedings instituted under this Act, the Court may order the forfeiture, destruction or other method of disposal of the goods or measuring instruments to which any of the offences relates, as it may consider appropriate at the expense of the person found guilty of the offence.
(4) Where it is satisfied that the circumstances so warrant, the Court may, upon conviction for any offence committed under this A c t, add itionall y order th e suspension or cancellat i on of any license or licenses issued in favou r of the person charged or in respect of the premises involved in the proceedings.
(5) Any person convicted in relation to an offence under article
6(6) shall be liable to an additional fine (multa) of not more than
four hundred and sixty-five euro and eighty-seven cents (465.87)
for each day that the notice has not been complied with.
(6) Where a person has been convicted of an offence under this
Act, the Court shall order that person to reimburse to the Authority,

Penalties.

Amended by:

L.N. 427 of 2007.

Cap. 9.

within such period as the Court shall stipulate, any costs incurred in connection with the proceedings instituted against him. Such costs shall include expenses incurred in the seizure, lifting, detention, testing, analysis, inspection and examination o f m e asuring instruments an d measurement standards invo lved in t h e said proceedings.
(7) The Attorney General shall have the right to appeal from any judgement given in proceedings instituted under this Act or in connection with regulations made thereunder.

Savings. Amended by: VI. 2011.163. Cap. 39.

PART VII Savings
28. (1) Any references in any other law to the Weights and Measures Ordinance* shall be construed as being references to this A c t; provi ded that any regist rati ons, l i cences, au tho r i s at io ns,
orders, regulations or other action whatsoever made or issued by virtue of the said Ordinance shall continue in force as if made or issued under this Act in so far as applicable.
(2) Unless the context otherwise requires, any reference in any other law, contract or other act in force at the commencement of this Act to standard weights or measures in use in Malta shall be deemed to be references to the respective equivalents ascertained in terms of the First and Third Schedules to this Act.
(3) Verifications issued under the Weights and Measures Ordin an ce which are valid im medi at ely before t he com ing i nto force of article 8 shall continue to be valid on or after that date for such period as may be pr escr ibed by the Institute by notice published in the Gazette.

*Repealed by this Act.

FIRST SCHEDULE Amended by:

L.N. 110 of 2010.

(Article 14)
LEGAL UNITS OF MEASUREMENT
1. SI UNITS AND THEIR DECIMAL MULTIPLES AND SUBMULTIPLES
1.1. SI base units

Definitions of SI base units:

Unit of length

A metre is the length of the path travelled in a vacuum by light during 1/299 792
458 seconds.

Unit of mass

The kilogr am is the unit of mass; it is equal to the mass of the international prototype of the kilogram.

Unit of time

The second is the duration of 9 192 631 770 periods of the radiation corresponding to the transition between the two hyperfine levels of the ground state of the caesium
133 atom.

Unit of electric current

The ampere is that constant current which, if maintained in two straight parallel conductors of infinite length, of negligible circular cross-article and placed one metre apart in a vacuum, would produce between the conductors a force equal to 2 x
10-7 newton per metre of length.

Unit of thermodynamic temperature

The kelvin, unit of thermodynamic temperature, is the fraction 1/273,16 of the thermodynamic temperature of the triple point of water.
This definition refers to water having the isotopic composition defined by the following amount-of-substance ratios: 0.00015576 mole of 2 H per mole of 1 H,
0.0003799 mole of 17 O per mole of 16 O and 0.0020052 mole of 18 O per mole of
16 O.

Unit of amount of substance

1. The mole is the amount of substance of a system which contains as many elementary entities as there are atoms in 0.012 kg of carbon 12.
2. When the mole is used, the elementary entities must be specified and may be
atom s, m o lecules, i ons, electrons, othe r particles or specified group s of such particles.

Unit of luminous intensity

The candela is the luminous intensity, in a given direction, of a source which emits monochromatic rays with a frequency of 540 x 1012 hertz and whose energy intensity in that direction is 1/683 watt per steradian.
1.1.1 Special name and symbol of the SI derived unit of temperature for expressing Celsius temperature

Celsius temperature t is defined as the diff er ence t = T - T0 betw een t he two thermodynami c temperatures T and T 0 where T 0 = 273,15 K. An interval or difference of temperature may be expressed either in kelvins or in degrees Celsius. The unit of "degrees Celsius" is equal to the unit "kelvin".
1.2 SI derived units
Definitions of supplementary SI units:

Unit of plane angle

The radian is the angle between two radii of a circle cut off on the circumference of an arc equal in length to the radius.

Unit of solid angle

The steradian is the solid angle of a cone which, having its vertex in the centre of a sphere, cuts off on the surface of the sphere an area equal to that of a square with sides of length equal to the radius of the sphere.
1.2.1. (Deleted by Legal Notice 110 of 2010).
1.2.2. General rule for derived units
Units derived coherently from SI base units are given as algebraic expressions in the form of products of powers of the SI base units with a numerical factor equal to
1.
1.2.3. SI derived units with special names and symbols

Units derived from SI base units may be expressed in terms of the units listed in
Part I.
In particular, derived SI units may be expressed by the special names and symbols given i n th e ab ove tabl e; fo r exam ple, the SI un it o f dy namic v isco sit y m ay be expressed as m-1 . kg . s-1 or N . s . m-2 or Pa . s.
1.3 Prefixes and their symbols used to designate certain decimal multiples and submultiples

The names and symbols of the decimal multiples and submultiples of the unit of mass are formed by attaching prefixes to the word ‘gram’ and their symbols to the symbol ‘g’.
Where a deriv e d uni t is ex pressed as a f r ac tio n, i t s d ecim a l m u lt ip les an d submultiples may be designated by attaching a prefix to units in the numerator or the denominator, or in both these parts.
Compound prefixes, that is to say prefixes formed by the juxtaposition of several
of the above prefixes, may not be used.
1.4 Special authorised names and symbols of decimal multiples and submultiples of SI units

Note: The prefixes and their symbols listed in 1.3 may be used in conjunction with the units and symbols contained in Table 1.4.

2. UNITS WHICH ARE DEFINED ON THE BASIS OF SI UNITS BUT ARE NOT DECIMAL MULTIPLES OR SUBMULTIPLES THEREOF

Note: The prefixes listed in 1.3 may only be used in conjunction with the names

‘grade’ or ‘gon’ and the symbol ‘gon’.
3. UNITS USED WITH THE SI, WHOSE VALUES IN SI ARE OBTAINED EXPERIMENTALLY

Note: The prefixes and their symbols listed in 1.3 may be used in conjunction with these two units and with their symbols.

4. UNITS AND NAMES OF UNITS PERMITTED IN SPECIALISED FIELDS ONLY

Note: The prefixes and their symbols listed in 1.3 may only be used in conjunction with the above units and symbols, with the exception of the millimetre of mercury and its symbol. The multiple 102 a is, however, called a ‘hectare’.
5. COMPOUND UNITS
Combination of the units listed in this Schedule to this Act form compound units.
SECOND SCHEDULE (Article 14)
MEASURES AND WEIGHTS LAWFUL FOR USE FOR THE PURPOSE OF TRADE IN MALTA
LINEAR MEASURES
Table I: Measures of -

SQUARE MEASURES
Measures of, or of any multiple of, 1 square decimetre.
CUBIC MEASURES
1. Measures of, or any multiple of, 0.1 cubic metre.
2. Measures of any multiple of 10 litres.
3. Table II: Measures of -

CAPACITY MEASURES
1. Measures of any multiple of 10 litres
2. Table III: Measures of -

1. Table IV: Weights of -
2. Table V: Weights of -
WEIGHTS

THIRD SCHEDULE (Article 14)
GENERAL INFORMATION ON METRIC EQUIVALENTS TABLE
(a) of the values of the principal denominations of measures and weights on the metric system express e d by means of denom inations of Maltese and Im perial measures and weights; and
(b) of the values of the principal denominations of measures and weights of the
Maltese and Imperial systems expressed by means of metric weights and measures.
(a)
MEASURES OF LENGTH

MEASURES OF SURFACES

MEASURES OF CAPACITY FOR LIQUIDS – No. 1
For Beer, Wine and Spirits

MEASURES OF CAPACITY FOR DRY GOODS

CUBIC MEASURES

WEIGHTS

(b)
MEASURES OF LENGTH

MEASURES OF SURFACE

MEASURES OF CAPACITY FOR LIQUIDS – No. 1
For Beer, Wine and Spirits

MEASURES OF CAPACITY FOR DRY GOODS

CUBIC MEASURES

WEIGHTS

FOURTH SCHEDULE (Article 14)
NAMES AND SYMBOLS USED IN
THE INTERNATIONAL SYSTEM OF UNITS "SI"
1. Definition
"SI" shall have the meaning assigned to it in article 2 of the Act.
2. SI unit symbols
SI unit symbols (and also many non-SI unit symbols) are written as follows:
2.1. Roman (upright) type is used for the unit symbols. In general, unit symbols are written in lower case, but, if the name of the unit is derived from the proper name of a person, the first letter of the symbol is a capital. When the name of a unit is spelled out, it is always written in lower case, except when the name is the first word of a sentence or is the name "degree Celsius".
2.2. Unit symbols are unaltered in the plural.
2.3. Unit symbols are not followed by a full stop (period), except as normal punctuation at the end of a sentence.
3. Algebra of SI unit symbols
In accord with the general principles adopted by ISO/TC 12 (ISO 31), the CIPM recomm en ds that algebraic expressi ons invol ving SI u n it sym bols be expressed in standard forms.
3.1. Half-high dots or spaces are used to express a derived unit formed from two or more other units by multiplication.
Example: N · m or N m.
3.2 A solidus (oblique stroke, /), a horizontal line, or a negative exponent is used to express a derived unit formed from two other units by division.
Example: m/s or m - s or m · s-1.
3.3. The solidus is not followed by a multiplication sign or by a division sign on the same line unless ambiguity is avoided by parentheses. In complicated cases, negative exponents or parentheses are used to avoid ambiguity.
Examples: m/s2 or m · s-2 but not m/s/s
m · kg/(s3 · A) or m · kg · s-3 · A -1 but neither m · kg/s3 /A
nor m · kg/s3 · A.
4. Rules for using SI prefixes
In accord with the general principles adopted by the ISO (ISO 31), the CIPM
recommends that the following rules be observed when using the SI prefixes:
4.1. Prefix symbols are printed in roman (upright) type with no space between the prefix symbol and the unit symbol.
4.2. The grouping formed by the prefix symbol attached to the unit symbol constitutes a new inseparable symbol (of a multiple or submultiple of the unit concerned) which can be raised to a positive or negative power and combined with other unit symbols to form compound unit symbols.
Examples:
1 c m3 = (10-2 m )3 = 10-6 m3
1 µ s-1 = (10-6 s )-1 = 106 s-1
1 V/cm = (1 V) / (10-2 m) = 102 V / m
1 cm-1 = (10-2 m)-1 = 102 m-1.
4.3. Compound prefixes, i.e. prefixes formed by the juxtaposition of two or more
SI prefixes, are not used.
Example: 1 nm but not 1 mµm.
4.4. A prefix is never used in isolation.
Example: 106 /m3 but not M/m3.