Cap. 454 Art. 9Marking of measuring instruments.

(1) Measuring instruments which have been subject to the conformity assessment and inspection procedures and which have been found to conform to the relative requirement shall have affixed, stamped, marked or otherwise applied on them marks signifying their conformity to the relevant requirement or provided with corresponding certificates and shall accordingly qualify as a "legally controlled measuring instrument". These marks, their 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which has not undergone these controls successfully may be given a rejection mark and must be modified, repaired or withdrawn.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 instrument or any measuring instrument which does not 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. shall be provided by the manufacturer, supplier or user of the measuring instrument.

(3) The Institute may, from time to time, prescribe specific requirements on the sealing or securing of measuring instruments.