Chapter 454

[ CAP. 454. METROLOGY 1 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, 110 of 2010 and 190 of 2020 ; and Act VI of 2011 and XXI of 2020. PART I Preliminary 1. The short title of this Act is the Metrology Act. Short title. Amended by: XV. 2006.19. 2. In this Act unless the context otherwise requires - Interpretation. Amended by: XV. 2006.20; VI. 2011.163. Cap. 510. "Authority" means the Malta Competition and Consumer Affairs Authority as established by the Malta Competition and Consumer Affairs Authority Act; "calibration" refers to all the operations for the purpose of determining the values of errors of a measuring instrument; "container" means a container in which goods are exposed, 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 Magistrates sitting as a court of criminal judicature; "Director General" means the person appointed as Director General (Standards and Metrology) by article 21 of the Malta Competition and Consumer Affairs Authority Act; Cap. 510. "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; "Institute" means the Standards and 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 instruments in relation to the mandatory technical and legal requirements which have the object of ensuring the appropriate accuracy of measurements; Cap. 510. 2 CAP. 454.] METROLOGY "mark" or "marking" includes any inscription, stamp or label signifying conformity or otherwise of a measuring instrument with this Act and regulations made thereunder whether 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, computing, estimating, evaluating 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; "Metrology" is the field of knowledge concerned with measurement, the principal fields of which are: units of measurement and their measurement standards, measurements and measuring instruments; "Minister" means the Minister responsible for standards and metrology and includes, to the extent of the authority given, any person authorised by the Minister to act in that behalf for any purpose of this Act; "ordinary measuring instrument" means a measuring instrument intended for ordinary use but not for the verification of other measuring instruments; "periodical verification" means a verification of a measuring 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 product which has been placed 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" means 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; METROLOGY [ CAP. 454. 3 "stamp" means a device used to apply a mark under this Act to a measuring instrument to indicate that it conforms 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 accordance with international practices, and approval 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 verification" means the examination of a measuring instrument, generally of a unique design and intended for a specific application, to establish that it satisfies legal metrological requirements; "user" means the person or organisation responsible for the use of the measuring instrument for the purposes of this Act; "verification" means all the operations carried out by the Institute, or by verifiers on its behalf, having the object of ascertaining and confirming that the measuring instrument entirely satisfies the requirements of this Act in respect of verification; "verification mark" means a mark applied to a measuring instrument certifying that the verification of the measuring 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 appointed by the Malta Competition and Consumer Affairs 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. Director General (Standards and Metrology). Amemded by: VI. 2011.163, 164. Cap. 510. (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 information regarding the performance of his functions as the Authority may from time to time request. (4) The Director General and any other person as may be employed or otherwise appointed by the Authority to exercise functions under this Act shall not have any personal interest in the making, adjusting or selling of measuring instruments. 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 Metrology Advisory Board. Amended by: VI. 2011.163. 4 CAP. 454.] METROLOGY the Director General and to provide assistance on 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 Authority, provided that the members shall be appointed from 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 ascertaining 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 to hold examinations for the purpose mentioned 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 person whose appointment is so revoked 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. METROLOGY [ CAP. 454. 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 subarticle (1)(e) shall notify forthwith, and issue a receipt to, the person from whose premises the measuring 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 suppression of any evidence or may otherwise prejudice the 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. 5 6 CAP. 454.] METROLOGY 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 inspector shall, if so requested, provide evidence of his 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. PART III Control Procedures of Measuring Instruments, Measurements, Product Quantities and Pre-packages Metrological controls of measuring instruments. Amended by: VI. 2011.163. 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 METROLOGY [ CAP. 454. 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 undergone the controls listed under article 8(2) and such other 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 instruments. For this purpose, the Institute shall maintain a register of such persons, and it shall have the power to require any such person to furnish it with any information, 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 would be impracticable or unnecessary that a particular measuring instrument be subjected to metrological controls in terms of this article, the Institute may, by an exemption in writing, dispense with such requirement. The Institute may attach any conditions, including a time limit, to any such exemption 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) (b) (c) (d) (e) (3) type approval; initial verification; verification after repair or modification; periodical verification; supervision of the procedures effecting the use or operation of measuring instruments. The Institute shall certify whether or not the measuring Conformity assessment procedures. Amended by: VI. 2011.163. 7 8 CAP. 454.] METROLOGY 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 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. METROLOGY [ CAP. 454. 10. (1) The calibration device on a measuring instrument shall be secured in such 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 provided by the manufacturer, supplier or user of the measuring instrument. 9 Sealing and securing measuring instruments. Amended by: VI. 2011.163. (3) The Institute may, from time to time, prescribe specific requirements on the sealing or securing of measuring instruments. 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 instrument is found to be inaccurate, and adjustment of the measuring instrument is necessary in order to render it metrologically accurate, the inspector shall: Adjusting of measuring instruments. Amended by: VI. 2011.163. (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). 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. Liability of certain measurements to metrological controls. Amended by: VI. 2011.163. (3) The Institute may establish the methods and procedures for the undertaking of such controls as it may deem appropriate. 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 prepackages delivered or exposed for sale. Amended by: VI. 2011.163. 10 CAP. 454.] METROLOGY PART IV Authorised Units and Measurement Standards Legal units of measurement. 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 First Schedule to another unit 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; XXI of 2020. 16. (1) The Authority shall provide, maintain or cause to be maintained such measurement standards including facilities, equipment and reference materials as are considered necessary from time to time to facilitate the realisation and dissemination of the SI System of Units of measurement, and to make funding available for such purposes. (2) For the purpose of subarticle (1), the Authority may, upon the recommendation of the Director General, designate and delegate other organisations to be responsible bodies in specialised fields of measurement. (3) The Director General may define the measurement standards maintained under subarticles (1) or (2) and the conditions of their maintenance, including traceability, 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 maintained in respect of every measurement standard or set of measurement s t a n d a r d s m a i n t a i n e d b y t h e I n s t i t u t e o r a n y o rg a n i s a t i o n 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 METROLOGY [ CAP. 454. 11 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. Public weighers. Amended by: VI. 2011.163. (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 authorisation from the Institute shall be guilty of an offence. (4) The Institute may, from time to time, issue requirements and guidelines for persons undertaking the activity of public weighers. 18. The officers of the Institute shall be deemed to be public officers for all purposes of the Criminal Code. Public officers. Amended by: VI. 2011.163. Cap. 9. 19. (1) The Minister may, on the advice of the Authority, make regulations - 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 prepackaged goods, the make-up by volume of prepackaged 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. 12 CAP. 454.] METROLOGY Fees. Amended by: VI. 2011.165. Cap. 510. 20. The Authority may, by virtue of this Act and under the powers conferred by article 48 of the Malta Competition 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 provision may also be made for the imposition of additional charges in the event of delay or failure to pay such fees. Language of Schedules and regulations. 21. (1) The Schedules and regulations made under any provision of this Act may 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 Forgery and false marking. 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. Tampering with marks and measuring instruments. 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. Removing or breaking of tags, seals and devices. 24. Any person who unlawfully removes, defaces, obliterates, breaks or otherwise changes any tag, seal or device that has been METROLOGY [ CAP. 454. 13 placed, affixed or attached by an inspector or by a verifier to a measuring instrument that is or is intended to be used for any 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, Short measure on sale. 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. 27. (1) A person found guilty of an offence under articles 9(7), 22, 23, 24 and 25 shall, on conviction, be liable to a fine (multa) of not less than one thousand and one hundred and sixtyfour 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. Prosecution of offences. Amended by: VI. 2011.163. Penalties. Amended by: L.N. 427 of 2007. (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 cents (116.47) and 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 Act, additionally order the suspension or cancellation of any license or licenses issued in favour 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, Cap. 9. 14 CAP. 454.] METROLOGY 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 of measuring instruments and measurement standards involved in the 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. PART VII Savings Savings. Amended by: VI. 2011.163. Cap. 39. 28. (1) Any references in any other law to the Weights and Measures Ordinance* shall be construed as being references to this Act; provided that any registrations, licences, authorisations, 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 Ordinance which are valid immediately before the coming into force of article 8 shall continue to be valid on or after that date for such period as may be prescribed by the Institute by notice published in the Gazette. *Repealed by this Act. [ CAP. 454. METROLOGY FIRST SCHEDULE (Article 14) 15 Amended by: L.N. 110 of 2010; L.N. 190 of 2020 LEGAL UNITS OF MEASUREMENT 1. SI UNITS AND THEIR DECIMAL MULTIPLES AND SUBMULTIPLES 1.1 SI base units QUANTITY Time Length Mass Electric current Thermodynamic temperature Amount of substance Luminous intensity UNIT Name second metre kilogram ampere kelvin mole candela Symbol s m kg A K mol cd Definitions of SI base units: Unit of time The second, symbol s, is the SI unit of time. It is defined by taking the fixed numerical value of the caesium frequency , the unperturbed ground-state hyperfine transition frequency of the caesium 133 atom, to be 9 192 631 770 when expressed in the unit , which is equal to s–1. Unit of length The metre, symbol , is the SI unit of length. It is defined by taking the fixed numerical value of the speed of light in vacuum to be 299 792 458 when expressed in the unit , where the second is defined in terms of . Unit of mass The kilogram, symbol , is the SI unit of mass. It is defined by taking the fixed numerical value of the Planck constant to be 6.626 070 15 × 10–34 when expressed in the unit J s, which is equal to kg m 2 s –1 , where the metre and the second are defined in terms of and . Unit of electric current The ampere, symbol A, is the SI unit of electric current. It is defined by taking the fixed numerical value of the elementary charge to be 1.602 176 634 × 10–19 when expressed in the unit C, which is equal to A s, where the second is defined in terms of . Unit of thermodynamic temperature The kelvin, symbol K, is the SI unit of thermodynamic temperature. It is defined 16 CAP. 454.] METROLOGY by taking the fixed numerical value of the Boltzmann constant to be 1.380 649 × 10 –23 when expressed in the unit J K –1, which is equal to kg m 2 s –2 K –1, where the kilogram, metre and second are defined in terms of , and . Unit of amount of substance The mole, symbol mol, is the SI unit of amount of substance. One mole contains exactly 6.022 140 76 × 1023 elementary entities. This number is the fixed numerical value of the Avogadro constant, , when expressed in the unit mol –1 and is called the Avogadro number. The amount of substance, symbol n, of a system is a measure of the number of specified elementary entities. An elementary entity may be an atom, a molecule, an ion, an electron, any other particle or specified group of particles. Unit of luminous intensity The candela, symbol cd, is the SI unit of luminous intensity in a given direction. It is defined by taking the fixed numerical value of the luminous efficacy of , to be 683 when monochromatic radiation of frequency 540 × 10 12 Hz, expressed in the unit lm W –1 , which is equal to cd sr W –1 , or cd sr kg –1 m –2 s 3 , where the kilogram, metre and second are defined in terms of , and 1.1.1. Special name and symbol of the SI derived unit of temperature for expressing Celsius temperature QUANTITY Celsius temperature UNIT Name degree Celsius Symbol °C Celsius temperature t is defined as the difference t = T – T 0 between the two thermodynamic temperatures T and T0 where T0 = 273.15 K. An interval or difference of temperature may be expressed either in kelvins or in degrees Celsius. The unit "degree 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. [ CAP. 454. METROLOGY 17 1.2.3. SI derived units with special names and symbols Quantity Unit Name Symbol Plane angle Solid angle steradian Frequency Force Pressure, stress Energy, work; quantity of heat Power (1), radiant flux Quantity of electricity, electric charge Electric potential, potential difference, electromotive force Electric resistance Expression In terms of In terms of SI base other SI units units m . m-1 m2 . m-2 s-1 m . kg . s-2 -2 N.m m-1 . kg . s-2 N.m m2 . kg . s-2 radian steradian hertz newton pascal joule rad sr Hz N Pa J watt coulomb W C J . s-1 m2 . kg . s-3 s.A volt V W . A-1 m2 . kg . s-3 . A -1 V . A-1 m2 . kg . s-3 . A -2 ohm  Conductance siemens S A . V-1 m-2 . kg -1 . s3 . A 2 -1 Capacitance farad F C.V m-2 . kg -1 . s4 . A 2 Magnetic flux weber Wb V.s m2 . kg . s-2 . A -1 -2 Magnetic flux density tesla T Wb . m kg . s-2 . A -1 -1 Inductance henry H Wb . A m2 . kg . s-2. A -2 Luminous flux lumen lm cd . sr cd Illuminance lux lx lm . m-2 m-2 . cd . sr Activity becquerel Bq s-1 (of a radionuclide) Absorbed dose, specific gray Gy J . Kg -1 m2 . s-2 e n e rg y i m p o r t e d , k e r m a , absorbed dose index Dose equivalent sievert Sv J . Kg-1 m2 . s-2 Catalytic activity katal kat mol . s-1 (1) Special names for the unit of power: the name volt-ampere (symbol "VA") when it is used to express the apparent power of alternating electric current, and var (symbol "var") when it is used to express reactive electric power. The "var" is not included in GCPM resolutions. 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 in the above table; for example, the SI unit of dynamic viscosity may 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 Factor 1024 1021 1018 Prefix yotta zetta exa Symbol Y Z E Factor 10-1 10-2 10-3 Prefix deci centi milli Symbol d c m CAP. 454.] 18 10 15 10 12 109 10 6 103 10 2 10 1 METROLOGY peta tera giga mega kilo hecto deca 10-6 10-9 10-12 10-15 10-18 10-21 10-24 P T G M k h da micro nano pico femto atto zepto yocto m n p f a z y’ 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 derived unit is expressed as a fraction, its decimal multiples and 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 Quantity Name Volume Mass Pressure, stress litre tonne bar Unit Symbol l or L t bar Value 1 l = 1 dm 3 = 10 -3 m3 1 t = 1 Mg = 10 3 kg 1 bar = 10 5 Pa 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 Quantity Plane angle Time Name revolution grade or gon degree minute of angle second of angle minute hour day Unit Symbol gon    min h d Value 1 revolution = 2  rad 1 gon = /200 rad 1 = /180 rad 1 = /10800 rad 1 = /648000 rad 1 min = 60 s 1 h = 3600 s 1 d = 86400 s 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 Quantity Name Unit Symbol Definition [ CAP. 454. METROLOGY Energy Electronvolt eV Energy Unified atomic mass unit u 19 The electron volt is the kinetic energy acquired by an electron in passing through a potential difference of 1 volt in vacuum The unified atomic mass unit is equal to 1/12 of the mass of an atom of the nuclide 12C. 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 Quantity Unit Name dioptre metric carat are Symbol Vergency of optical systems Mass of precious stones Area of farmland and building land Mass per unit length of textile tex yarns and threads Blood pressure and pressure Millimetre of of other body fluids mercury Effective cross-sectional area Barn a Value 1 dioptre = 1 m-1 1 metric carat = 2 x 10-4 kg 1 a = 102 m2 tex 1 tex = 10-6 kg . m-1 mm Hg b 1 mm Hg = 133.322 Pa 1 b = 10 –28 m2 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 50 metres 30 metres 20 metres 10 metres 5 metres 3 metres 2 metres 1.5 metres 1 metre 0.5 metre 1 decimetre 1 centimetre SQUARE MEASURES Measures of, or of any multiple of, 1 square decimetre. 20 CAP. 454.] METROLOGY 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 10 litres 5 litres 2.5 litres 2 litres 1 litre 500 millilitres 250 millilitres 200 millilitres 100 millilitres 50 millilitres 25 millilitres 20 millilitres 10 millilitres 5 millilitres 2 millilitres 1 millilitre CAPACITY MEASURES 1. Measures of any multiple of 10 litres 2. Table III: Measures of 10 litres 5 litres 2.5 litres 2 litres 1 litre 500 millilitres 250 millilitres 200 millilitres 175 millilitres 150 millilitres 125 millilitres 100 millilitres 50 millilitres 25 millilitres 20 millilitres 10 millilitres 5 millilitres 2 millilitres 1 millilitre WEIGHTS 1. Table IV: Weights of 25 kilograms 20 kilograms 10 kilograms 5 kilograms 2 kilograms 1 kilogram 500 grams 200 grams 100 grams 50 grams 20 grams 15 grams 10 grams 3 grams 2 grams 1 grams 500 milligrams 400 milligrams 300 milligrams 200 milligrams 150 milligrams 100 milligrams 50 milligrams 20 milligrams 10 milligrams 5 milligrams [ CAP. 454. METROLOGY 5 grams 4 grams 2. 21 2 milligrams 1 milligram Table V: Weights of 500 carats (metric) 200 carats (metric) 100 carats (metric) 50 carats (metric) 20 carats (metric) 10 carats (metric) 5 carats (metric) 2 carats (metric) 1 carat (metric) 0.5 carat (metric) 0.25 carat (metric) 0.2 carat (metric) 0.1 carat (metric) 0.05 carat (metric) 0.02 carat (metric) 0.01 carat (metric) 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 expressed by means of denominations of Maltese and Imperial 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 Metric Measures Equivalents in Imperial Equivalents in Maltese Measures Measures Miles Yards Feet Inches Decimals Qasab Xbar Decimals 1 Kilometre 1093 1 10 113 477 1 70792 1 Hectometre 109 1 1 0113 47 5 770792 1 Decametre 10 2 9 70113 4 6 1770792 1 Metre 3 3 370113 3 81770792 1 Decimetre 3 9370113 38177079 1 Centimetre 39370113 038177079 1 Millimetre 039370113 0038177079 MEASURES OF SURFACES Metric Measures 1 Hectare 1 Are 1 Square Metre Equivalents in Imperial Measures 2.47106 Acres 119.60 Square yards 1.1960 Square yards Equivalents in Maltese Measures .555988 ta’ Modd .53375 ta’ Sieg] .053375 ta’ Kejla or .22773 ta’ Qasba Kwadra CAP. 454.] 22 METROLOGY 1 Square decimetre 1 Square centimetre 15.5 Square inches .15500 Square inches .14575 ta’ Xiber kwadru .0014575 ta’ Xiber kwadru MEASURES OF CAPACITY FOR LIQUIDS – No. 1 For Beer, Wine and Spirits Metric Measures Equivalents in Imperial Equivalents in Maltese Measures Measures Gallons Quarts Pints Decimals Bramel {arar Kwarti Krate` Decimals 1 Kilolitre 219 3 1 80 23 0 1 1 15155504 1 Hectolitre 21 3 1 980 2 1 0 2 490155504 1 Decalitre 2 0 1 5980 1 4 0490155504 1 Litre 1 75980 879901555 1 Decilitre 175980 0879901555 1 centilitre 0175980 00879901555 1 Millilitre 00175980 000879901555 MEASURES OF CAPACITY FOR LIQUIDS – No. 2 For Oil and Milk Metric Measures Equivalents in Imperial Measures Gallons Quarts Pints Decimals 1 Kilolitre 219 3 1 80 1 Hectolitre 21 3 1 980 1 Decalitre 2 0 1 5980 1 Litre 1 75980 1 Decilitre 175980 1 Centilitre 0175980 1 Millilitre 00175980 Kaffisi 48 4 - Equivalents in Maltese Measures Kwarti Krate` Decimals 3 2 1347152 3 2 21347152 1 3 821347152 7821347152 07821347152 007821347152 0007821347152 MEASURES OF CAPACITY FOR DRY GOODS Metric Measures Equivalents in Imperial Measures Qrs. Bushels Gallons Decimals 1 Kilolitre 3 3 3 975 1 Hectolitre 2 5 9975 1 Decalitre 2 19975 1 Litre 1 Decilitre 1 Centilitre 1 Millilitre - - - 219975 0219975 00219975 000219975 Equivalents in Maltese Measures Mdied Tmiem Sieg]an Decimals 3 6 5 58 5 2 958 3 29962464 - - - 329962464 0329962464 00329962464 000329962464 CUBIC MEASURES Metric Measures 1 Cubic metre Equivalents in Imperial Measures 1.307954 Cubic yards 35.3148 Cubic feet Equivalents in Maltese Measures 55.64278 Xbar kubi or .1086773 ta’ Qasba kuba [ CAP. 454. METROLOGY 1 Cubic decimetre 0353148 Cubic feet 1 Cubic centimetre .061024 Cubic inches 23 .0556427 ta’ Xiber kubu or .0001086773 ta’ Qasba kuba .0000556427 ta’ Xiber kubu WEIGHTS Metric Weights Cwts. 1 100 Kilograms (1 quintal) Kilogram 1 Hectogram 1 Decagram 1 Gramme 1 Decigram 1 Centigram 1 Milligram Equivalents in Imperial Weights Qrs. Lbs. Decimals 3 24 46223 - - 2 - 2046223 22046223 022046223 0022046223 00022046223 000022046223 0000022046223 Equivalents in Maltese Weights Qnatar Irtal Ewieq Decimals 1 25 29 3525 - 1 - 7 3 - 79352 77935 377935 0377935 00377935 000377935 0000377935 (b) MEASURES OF LENGTH Maltese Measures Equivalents in Imperial Measures Feet Inches Decimals 6 10 50 1 Qasba (8 ixbar) 1 Xiber 1 Pulzier 1 Mil 5280 10 equal to Equivalents in Metric Measures Metres Decimal 2 09549817 3125 859375 yds. 1760 1609 or kilometres 26193727 021828105 334 1.6093 MEASURES OF SURFACE Maltese Measures Acres 1 Modd 1 Tomna 1 Sieg] 1 Kejla 1 Qasba kwadra 1 Xiber kwadru 4 - Equivalents in Imperial Measures Roods Poles Sqr. Sqr. Yards Feet 1 31 3 3 1 4 13 3 7 12 2 22 3 5 2 - Equivalents in metric Measures Decimals 249 9 916 6 265625 7385162 1.798599928 hectares 11.2412495 acres 187.35416 Sqr. Metres 18.735416 Sqr. Metres 4.3911126 Sqr. Metres 6.8611 Sqr. Decimetres MEASURES OF CAPACITY FOR LIQUIDS – No. 1 24 CAP. 454.] METROLOGY For Beer, Wine and Spirits Maltese Measures 1 Barmil (4 [arar) 1 {arra (2 kwarti) 1 Kwarta ( 3/4Krate`) 1 Karto`` (2 infas) 1 Nofs (2 terzi) 1 Terz (2 pinet) 1 Pinta Equivalents in Imperial Measures Gallons Decimals 9 50 2 375 1 1875 2500 1250 0625 03125 Equivalents in metric Measures Litres Decimals 43 18664945 10 7966623625 5 39833118125 1 13649077500 56824538750 28412269375 142061346875 MEASURES OF CAPACITY FOR LIQUIDS – No. 2 For Oil and Milk Maltese Measures 1 Qafiz (4 kwarti) 1 Kwarta ( 3/4 Krate`) 1 Karto`` (2 infas) 1 Nofs (2 terzi) 1 Terz (2 kejliet) 1 Kejla (4 kwartini) 1 Kwartin Equivalents in Imperial Measures Gallons Decimals 4 50 1 125 28125 140625 0703125 028125 00703125 Equivalents in metric Measures Litres Decimals 20 45683395 5 1142084875 1 278552121875 6392760609375 31963803046875 1278552121875 031963803046875 MEASURES OF CAPACITY FOR DRY GOODS Maltese Measures 1 Modd (16-il tomna) 1 Tomna (6 sieg]an) 1 Sieg] (10 kejliet) 1 Kejla (10 lumini) 1 Lumin Equivalents in Imperial Measures Quarters Decimals 1 0625 010416 0010416 00010416 Equivalents in Metric Measures Hectolitres Decimals 2 90942 18183875 03030645 003030645 0003030645 CUBIC MEASURES Maltese Measures 1 Qasab kubu Equivalents in Imperial Measures 324.9511 Cubic feet Equivalents in Metric Measures 9.201556 Cubic metres [ CAP. 454. METROLOGY 1 Xiber kubu 1 Pulzier kubu .63467 Cubic feet .63467 Cubic inches 25 17.9717 Cubic decimetres 10.4 Cubic centimetres WEIGHTS Maltese Measures Equivalents in Imperial Measures Lbs. Decimals 175 8 75 1 75 0583333 01458333 007291666 525 2240 - 1 Qantar or `ental (20 wi\na) 1 Wi\na (5 irtal) 1 Ratal (30 Maltese uqija) 1 Uqija (4 Kwarti) 1 Kwart (2 ottavi) 1 Ottav 1 Pe\ata (3 qnatar) 1 Ton (weight) 1280 (ratal) Equivalents in metric Measures Kilograms Decimals 79 37867525 3 9689337625 7937867525 026459558416 00661489604 003307444802 238 13602575 1016 - 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 recommends that algebraic expressions involving SI unit symbols 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 26 CAP. 454.] METROLOGY 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 /m 3 but not M/m3.