Metrology[No. 6 of 2017

THE METROLOGY ACT, 2017
ARRANGEMENT OF SECTIONSPART IPRELIMINARY PROVISIONS
Section
1. Short title and commencement
2. Interpretation
PART IITHE ZAMBIA METROLOGY AGENCY
3.
4.
5.
6.
7.
8.
9.
10.

Renaming of Zambia Weights and Measures Agency as
Zambia Metrology Agency
Seal of Agency
Functions of Agency
Relations and co-operation with regulatory agencies and otherauthorities
Board of Agency
Functions of Board
Delegation of functions and directions
Executive Director, Deputy Executive Director and other staff

PART IIINATIONAL MEASUREMENT UNITS
11. Standard unit of measurement
12. Units of measurement
13. Prohibition of use of certain units of measurement
14. Equivalence of certain units

15.
16.
17.
18.

PART IVNATIONAL MEASUREMENT STANDARDSNational measurement standards
Maintenance of national measurement standards
National reference measurements
CertificatesPART VLEGAL METROLOGY MEASUREMENT STANDARDS
19. Units of measurement
20. Measurement traceability
21. Inspection and verification measurement standards
Single copies of this Act may be obtained from the Government Printer,
P.O. Box 30136, 10101 Lusaka, Price K96.00 each.

135

136

No. 6 of 2017]

Metrology

SectionPART VI
CONTROL OF MEASUREMENTS AND MEASURING INSTRUMENTS
22. Regulations for controlled measuring instruments
23. Technical requirements of controlled measuring instruments
24. Type approval of measuring instruments
25. Placement into service and verification of measuring
instruments
26. Calibration and inspection services
27. Designated legal metrology organisations
PART VII
CONTROL OF PRE-PACKAGED COMMODITIES
28. Regulations for controlled pre-packaged commodities
29. Pre-packaged commodities
30. Registration and responsibilities of pre-packaging companies
PART VIII
THE METROLOGY FUND
31. Establishment of Metrology Fund
32. Administration of Fund and accounts
33. Annual report and statement of income and expenditure

34.
35.
36.
37.
38.
39.
40.
41.

PART IXQUALITY ASSURANCE
Appointment of metrologists
Powers of entry and search
Powers of inspection and seizure
Inspection by joint committee
Conduct of inspections and assessments
Rebuttable presumptions regarding measuring instruments andpre-packages
Samples and information
Non-compliance with legal metrology regulations

PART XOFFENCES AND PENALTIES
42. Prohibition of publication or disclosure of information tounauthorised persons
43. Offences by officers or employees of Agency
44. Certification of technician, fitter or contractor
45. Prohibition of employment of uncertified technician, filter orcontractor

Metrology[No. 6 of 2017

Section46. General offences
47. Offence by body corporate or unincorporate body
48. Admission of guilt
49. General penalties
50. Consent of Director of Public Prosecutions
PART XIGENERAL PROVISIONS
51. Appeals
52. Presumption as to importer of measuring instrument orcommodity
53. Use of repaired measuring instruments
54. Acts not to be interpreted as assurances or guarantees
55. Burden of proof
56. Judicial notice
57. Forfeiture
58. Limitation of liability
59. Regulations
60. Repeal of Cap. 403

137

Metrology[No. 6 of 2017139

GOVERNMENT OF ZAMBIAACTA BILLNo. 6 of 2017

Date of Assent:12th April, 2017
ENTITLED
An Act to continue the existence of the Zambia Weights andMeasures Agency, rename it as the Zambia Metrology
Agency and re-define its functions; establish the Boardof the Agency and provide for its functions; provide forthe designation, keeping and maintenance of national
measurement standards; provide for the use ofmeasurement units of the International System of Units
and other units; provide for consumer protection, health,safety and environmental management through legal
metrology measures; repeal the Weights and Measures
Act, 1994; and provide for matters connected with, orincidental to, the foregoing.
[13th April, 2017
ENACTED by the Parliament of Zambia.

Enactment

PART IPRELIMINARY PROVISIONS
1. This Act may be cited as the Metrology Act, 2017, and shallcome into operation on such date as the Minister may appoint bystatutory instrument.
2.

In this Act, unless the context otherwise requires—“accreditation” means a third party attestation related to a
conformity assessment body conveying formal
demonstration of its competence to carry out specificconformity assessment tasks;“AFRIMETS” means the Intra-Africa Metrology Systemestablished in 2006;“Agency” means the Zambia Metrology Agency referred toin section 3;“associate” has the meaning assigned to it in the AntiCorruption Act, 2012;

Short title
andcommencement
Interpretation

Act No. 3 of
2012

140

No. 6 of 2017]

Metrology“BIPM” means the Bureau International des Poids etMesures (International Bureau of Weights and Measures),the permanent institute established under the Metre
Convention to coordinate international research in physicalunits and standards and to administer the inter laboratorycomparisons of national metrology institutes;“Board” means the Board of the Agency established under
section 7;
Act No. of
2017“Bureau” means the Zambia Bureau of Standards
continued under the Standards Act, 2017;“calibration” means the set of operations that establish, under
specified conditions, the relationship between values ofquantities indicated by a measuring instrument or measuringsystem, or values represented by a material measure or areference material and the corresponding values realised
by standards;“certification” means the issuance of a written statement by
a third party based on a decision following a review, thatthe specified products, processes, systems or persons havefulfilled specified requirements;“certified reference material” means reference material,accompanied by a certificate, one or more of whose
property values are certified by a procedure which
establishes traceability to an accurate realisation of theunit in which the property values are expressed, and forwhich each certified value is accompanied by anuncertainty at a stated level of confidence;“CGPM” means the Conference General des Poids etMesures (General Conference on Weights and Measures)of the member states of the Metre Convention;“Chairperson” means the Chairperson of the Board appointed
under section 7;“CIPM” means the Comite Internationale des Poids etMesures (International Weights and Measures Committee)
overseeing the BIPM;“CIPM Mutual Recognition Arrangement” means thearrangement signed by member States under the Metre
Convention for the mutual recognition of national

Metrology[No. 6 of 2017141

measurement standards and for calibration andmeasurement certificates issued by national metrology
institutes;“commodity” has the meaning assigned to it in the Standards
Act, 2017;“conformity assessment” in relation to a measuring instrument
means the testing and evaluation of the instrument toascertain whether or not the instrument, an instrument lot
or production series of an instrument complies with arequirement under this Act or any other written law;

Act No. of2017“correction” means a value added algebraically to theuncorrected result of a measurement to compensate forsystematic error;“Emoluments Commission” means the Emoluments
Commission established by the Constitution;

Cap. 1“Executive Director” means the person appointed as
Executive Director under section 10;“former Agency” means the Zambia Weights and Measures
Agency established under the repealed Act;
“Fund” means the Metrology Fund established under section
3;“IEC” means the International Electrotechnical Commission;“industrial metrology” means the application of measurement
science to manufacturing and other processes and theiruse in society ensuring the suitability of measuring
instruments, their calibration and quality control ofmeasurements;“international standard” includes a normative document
published by the International Organisation forStandardisation (ISO), the International ElectrotechnicalCommission (IEC), the International Telecommunications
Union (lTU) and the International Organisation for Legal
Metrology (OIML);“International System of Units, (SI)” means the coherent
system of units adopted and recommended by the CGPM;“ISO” means the International Organisation forStandardisation;

Cap. 403

142

No. 6 of 2017]

Metrology“legal metrology” means that part of metrology that isconcerned with units and accuracy of measurement inrelation to the mandatory technical and legal requirementsthat guarantee the transparency of economic transactions,health, safety, the environment and law enforcement;“measurement standard” means a material measure,measuring instrument, certified reference material ormeasuring system intended to define, realise, conserve or
reproduce a unit or one or more values of a quantity toserve as a reference;“measuring instrument” means a device intended to be used
to make measurements, alone or in conjunction with
supplementary devices;“Metre Convention” means the International Metrology Treaty
established in 1875;“metrology” means the science of measurement;“metrologist” means a person appointed as a metrologist under
section 35;“national accreditation focal point” means the office thatcoordinates accreditation on behalf of a regional
accreditation body;“OIML” means the Organisation Internationale deMetrologie Legale (International Organisation for Legal
Metrology);“premises” means any land, building or other structure, andincludes a train, boat, ship, aircraft, vehicle, trailer or otherconveyance;“pre-packaged commodity” means a commodity that is madeup as a unit or entity and whose quantities have been
determined and indicated on its label before being offered
for sale, irrespective of whether the unit or entity is enclosed
in a container, wrapped in any manner or unenclosed;
Act No. of
2017“product” has the meaning assigned to it in the Standards
Act, 2017;“realise” in relation to a national measurement standard,means the physical determination of the measuring unit
from its international definition provided in terms of physicalconstants, or the determination of a highly reproducible
measurement standard based on a physical phenomenon;

Metrology[No. 6 of 2017“reference material” means material or substance one or moreof whose property values are sufficiently homogeneous
and well established to be used for calibration of anapparatus, the assessment of a measurement method orfor assigning values to materials;“regulatory agency” means a person or body, except a
professional body, which by law, is empowered to regulatea business activity in which measurement is applied in any
sector, and includes a Minister;“relative” has the meaning assigned to it in the Anti-corruption
Act, 2012;“repealed Act” means the Weights and Measures Act, 1994;“responsible person” in relation to a measuring instrument,
means the person in whose possession, control or use themeasuring instrument is found;“SADCMEL” means the Southern African Development
Community Cooperation in Legal Metrology establishedunder the Southern African Development Community(SADC) Protocol on Trade;“SADCMET” means the Southern African Development
Community Cooperation inMeasurement Traceability
established under the Southern African Development
Community (SADC) Protocol on Trade;“scientific metrology” means metrology dealing with theorganisation and development of measurement standards
and with their maintenance;“secondary standard” means a measurement standard
established through calibration with respect to a primarymeasurement standard for a quantity of the same kind;“Secretary” means the person appointed as such under section
10;“sell” includes offer, advertise, expose, keep, have inpossession or prepare for sale and to exchange or disposeof for valuable consideration;“service” means a service provided for remuneration and at
the request of a recipient of the service, and includes theprocess used to deliver the service;“standard” means a document approved by a recognised bodythat provides, for common and repeated use, rules,
guidelines or characteristics for products and their related

143

Act No. 3 of2012
Cap. 403

144

No. 6 of 2017]

Metrology

processes or production methods, including terminology,
symbols, and packaging, marking or labelling requirements
as they apply to a product,its related process or production
method;“supplier” means the manufacturer, merchant, distributor,
importer or agent who places a commodity or measuring
instrument on the market;“traceability” means the property of a result of a measurement
or the value of a standard whereby it can be related to astated reference, usually national or international standard,through an unbroken chain of comparisons all having stateduncertainties;“trade” includes a contract, bargain, sale or dealing generally
in a transaction for valuable consideration in pursuance of
which goods are weighed, measured or counted, but does
not include any contract or bargain for sale of or dealing inland or interest in land;“trade metrology” means measurement related to tradetransactions where a measuring instrument is the basis forthe trade transactions;“type approval” means a decision based on an evaluation
report that a type of measuring instrument complies withthe relevant statutory requirements and is suitable for use
in the regulated area in a manner that it is expected toprovide reliable measurement results over a defined periodof time;“uncertainty” means a parameter associated with the resultof a measurement that characterises the dispersion ofvalues that could reasonably be attributed to themeasurement;“verification” means a procedure, other than type approval,
which includes the examination and marking or issuing ofa verification certificate that ascertains and confirms thatthe measuring instrument complies with statutory
requirements;“working standard” means a measurement standard that isroutinely used to calibrate or verify measuring instruments
or measuring systems; and“WTO” means the World Trade Organisation.

Metrolog[No. 6 of 2017

145

PART IITHE ZAMBIA METROLOGY AGENCY
3. (1) The Zambia Weights and Measures Agency establishedunder the repealed Act shall continue to exist as if established under
this Act and is re-named as the Zambia Metrology Agency.
(2) The Agency is a body corporate with perpetual succession
and a common seal, capable of suing and being sued in its corporatename and with power, subject to the other provisions of this Act, todo all such acts and things as a body corporate may, by law, do or
perform.
(3)

Renaming ofZambiaWeights andMeasuresAgency as
ZambiaMetrology
AgencyCap. 403

The provisions of the First Schedule apply to the Agency.

4. (1) The seal of the Agency shall be such device as may be
determined by the Board and shall be kept by the Secretary.

Seal of
Agency(2) The affixing of the seal shall be authenticated by the
Chairperson or the Vice-Chairperson and the Secretary or any
other person authorised in that behalf by a resolution of the Board.
(3) A contract or instrument which, if entered into or executedby a person not being a body corporate, would not be required to
be under seal, may be entered into or executed without seal on
behalf of the Agency by the Secretary or any other person generallyor specifically authorised by the Board in that behalf.
(4) A document purporting to be a document under the seal of
the Agency or issued on behalf of the Agency shall be received inevidence and shall be deemed to be so executed or issued, as thecase may be, without further proof, unless the contrary is proved.
5. (1) The function of the Agency is to establish a national
measurement system traceable to the international measurement
systems so as to attain the international recognition of the national
measurement system.
(2) Despite the generality of subsection (1), the functions of
the Agency are to—(a) oversee scientific, industrial and legal metrology inaccordance with this Act and any other written law;(b) promote the equitable use of measurements in commercial
transactions and law enforcement and protect society
from the consequences of false measurements;(c) facilitate the use of correct measurements in industry,
trade, labour, health, safety, environmental management
and other activities that utilise measurement;

Functions ofAgency146

No. 6 of 2017]

Metrology(d) promote the reliability of measurement-based activities in
the Republic;(e) increase opportunities for companies to participate ininternational science and technology transfer throughmetrology;(f) facilitate national, regional and international trade;(g) develop metrological standards for use in Zambia;(h) promote public education and the nation wide use of
metrology;(i) identify sectors where the use of metrological standards is
mandatory;(j) carry out market research in order to identify the changing
needs and trends in metrology;(k) use market and marketing research for accurate data
which can be used to formulate new strategies andpolicies;(l) establish and maintain metrology laboratories;(m) participate and represent Zambia in international, regionaland foreign bodies with similar functions to the Agency;(n) monitor, evaluate and review regional and international
metrology programes; and(o) encourage networking and sharing of metrologicalinformation in the region.
(3) The Agency shall, in relation to scientific and industrial
metrology—(a) realise, maintain and act as custodian of the national
measurement standards according to the needs of theprivate and public sectors and in accordance withinternational practice;(b) participate in regional and international inter-comparisons
to determine the accuracy of national measurement
standards;(c) disseminate units of measurement and maintain a
traceability chain; and(d) pursue the inclusion of the national calibration andmeasurement capabilities in the relevant internationaland regional mutual recognition arrangements.

Metrology(4)[No. 6 of 2017

The Agency shall, in relation to legal metrology—(a) type approve weighing and measuring equipment used incommercial transactions, law enforcement, health andsafety services and environmental management inaccordance with established standards;(b) ensure the use of type measuring equipment in commercial
transactions, law enforcement, health and safety
services and environmental management, including therelevant calibration and verification of the measuring
equipment in use;(c) evaluate and approve pre-packaging of commodities
intended for and provided to the market place inaccordance with relevant standards;(d) keep and maintain secondary standards and other working
standards; and(e) regulate the manufacture, repair and sale of measuring
instruments.

(5) The Agency shall, in relation to coordination andcommunication at the national level—(a) collaborate with the Bureau and the national accreditation
focal point to ensure coordinated support for the national
quality infrastructure;(b) convene technical advisory fora to facilitate thedissemination of international best practice and gather
input from commerce and industry;(c) establish specialist technical committees to provide input
to the process of developing and implementing legal,
scientific and industrial metrology measures andstandards;(d) co-operate and enter into agreements on metrology with
State institutions;(e) disseminate information on metrology to the public andprivate sectors;(f) promote the concept of all aspects of metrology;(g) establish pre-market and post-market surveillancesystems; and(h) obtain information from manufacturers and suppliers ofmeasuring equipment and commodities falling within thescope of legal metrology regulation.

147

148

No. 6 of 2017]

Metrology(6) The Agency may, in relation to services—(a) assess and test measuring equipment to determine
compliance with relevant standards;(b) calibrate measuring equipment traceable to national
measurement standards;(c) promote the creation of a national calibration service toensure access to traceable calibrations throughaccredited laboratories;(d) calibrate and verify measuring equipment subject to legal
metrology control;(e) enter into agreements with conformity assessment service
providers to inspect, test and certify measuring
instruments;(f) develop, certify or provide reference materials; and(g) issue certificates in relation to measuring equipment andreference materials.
(7) The Agency may, in relation to control over the supply of
weighing and measuring equipment, establish and impose registration
requirements for suppliers, service persons and service agencies
that install, adjust, maintain, calibrate and verify measuring
instruments falling within the scope of legal metrology requirements
as provided for by this Act.
(8) The Agency may determine the fees payable for any
calibration, verification, testing, type approval or inspection
conducted for the purposes of this Act.
(9) The Agency shall operate as the legal, scientific andindustrial metrology authority for Zambia with regard to national,
regional and international metrology activities and obligations.
Relationsandco-operation
withregulatory
agencies andotherauthorities

6. (1) The Agency shall liaise, consult, collaborate and cooperate with relevant regulatory agencies and other authorities inZambia and may, for such purposes, have joint programmes, plans,
strategies and policies.
(2) The Agency and other regulatory agencies and authorities
shall apply an integrated metrological approach to achieve theobjectives of subsection (1) and shall, in so doing—(a) promote the use of international metrological standards,
wherever possible;(b) facilitate bilateral and multilateral agreements related tometrology;

Metrology[No. 6 of 2017(c) establish and enforce public health standards andregulations, in liaison with relevant authorities;(d) undertake inspection and certification of commodities thatare subject to this Act;(e) promote the application of metrology and disseminate
metrology information; and(f) maintain statistics related to the application of metrology.
(3) The Agency may, in relation to international and regional
cooperation—(a) represent and co-ordinate representation of Zambia on
the AFRIMETS, BIPM, OIML, SADCMET and
SADCMEL and other regional and internationalorganisations that deal with scientific, industrial and legal
metrology issues;(b) organise participation for Zambia in the relevantinternational or regional metrology committees; and(c) co-ordinate, interact and manage international, regionaland bilateral interaction with other metrology institutes
and authorities.
7. (1) There is constituted a Board for the Agency which shallcomprise the following part-time members appointed by the
Minister:(a) a representative of the Ministry responsible for industry;(b) a representative of the Attorney-General;(c) a representative of the National Institute for Scientificand Industrial Research;(d) a representative of higher education institutions nominatedby the Minister responsible for higher education; and(e) three persons with experience and knowledge in mattersrelevant to this Act.
(2) The Minister shall appoint the Chairperson of the Board
from amongst the members of the Board who are not public
officers.
(3) The members of the Board shall elect the Vice-Chairpersonfrom amongst themselves.
(4) A person shall not be appointed as a member of the Board
if that person—(a) is not a citizen of Zambia;(b) is an undischarged bankrupt;(c) has a mental or physical disability that makes the person
incapable of performing the functions of a member; or

149

Board of
Agency150

No. 6 of 2017]

Metrology(d) is convicted of an offence under this Act or any otherwritten law and sentenced to imprisonment for a period
exceeding six months without the option of a fine.
(5)
Functions ofBoard

The provisions of the First Schedule apply to the Board.

8. (1) Subject to the other provisions of this Act, the Board
shall provide strategic policy direction to the Agency.
(2) Despite the generality of subsection (1), the functions of
the Board are to—(a) promote effective corporate governance of the Agency;(b) formulate the policies, programmes and strategies of the
Agency;(c) approve the annual workplan and activity reports of the
Agency; and(d) approve the annual budget estimates and financial
statements of the Agency.
(3) The Minister may enter into a performance contract with
the Board for a specified period, which shall be consistent with theprovisions of this Act.

Delegationof functions
anddirections

9. (1) The Board may, subject to any conditions imposed andguidelines issued by it, delegate any of it’s functions to the Executive
Director.
(2) The Minister may give to the Board general or specificdirections, which are consistent with the provisions of this Act,
relating to the discharge of its functions and the Board shall giveeffect to those directions.

Executive
Director,
DeputyExecutive
Director andother staff

10. (1) The Board shall appoint an Executive Director for the
Agency on such terms and conditions as the Emoluments
Commission may determine.
(2) The Executive Director shall be the chief executive officerof the Agency and shall be responsible, under the direction of theBoard, for the day-to-day administration of the Agency.
(3) The Executive Director shall attend the meetings of theBoard and may address those meetings but shall not vote on any
matter before the Board.
(4) The Board may appoint, on such terms and conditions as it
may determine, the Deputy Executive Director, the Secretary andsuch other staff as it considers necessary for the performance ofthe functions of the Agency and Board.

Metrology[No. 6 of 2017

151

(5) The Secretary shall perform corporate secretarial duties
for the Board and such other functions as the Board may determine,
under the direction of the Board and the Executive Director.
PART IIINATIONAL MEASUREMENT UNITS
11. A person shall not, without reference to the standard unitof measurement, in relation to any goods and services—(a) quote a price or charge;(b) issue or exhibit a price list, invoice or other document;(c) state a quantity in an advertisement, poster or document;or(d) indicate the net quantity of a commodity on a package.
12. (1) The legal units of measurement, the symbols of thoseunits and the rules relating to the use of units and their symbols
shall be—(a) the units, their symbols and the rules of the International
System of Units, SI, prescribed by the Minister, bystatutory instrument; and(b) such other units not covered by the International Systemsof Units, SI, other symbols of those units and the rules
relating to the use of those units and their symbols as
the Minister may prescribe, by statutory instrument, forapplications required by the necessity of international
trade, air or maritime navigation, health care or for safety
reasons.

Standard
unit ofmeasurement

Units ofmeasurement(2) The definitions of the base or derived units of the statutory
instrument, their multiples, subdivisions and symbols shall comply
with the recommendations of the Metre Convention and international
standards.
13. (1) A person shall use legal units in trade, documentation
and advertisements for commodities, services, publications or training
except—(a) in documents of and references to products produced andservices carried out before the coming into operation ofthis Act;(b) when referring to non-legal units in a historical perspectivein publications and training; or(c) in documents, publications or marking of commodities thatare intended for users in countries with different systemsof units.

Prohibitionof use ofcertain unitsofmeasurement

152

No. 6 of 2017]

Metrology(2) The Minister may, by statutory instrument, make provision
for the granting of exemption from any of the provisions ofsubsection (1), for a specified time and a specific area of activity.
Equivalenceof certainunits

14. The Minister may, by statutory instrument, after consultation
with the Agency, determine the equivalence of any unit expressedin any other unit of the same quantity, and that equivalence shall,
for all purposes, be deemed to be the equivalent of the unit inquestion.
PART IVNATIONAL MEASUREMENT STANDARDSNational
measurement
standards

15. (1) The Minister may, by statutory instrument, declare
any measurement standard as a national measurement standard.
(2)

A national measurement standard may be a—(a) primary measurement standard that independently realises
a measurement unit; or(b) measurement standard traceable to an international
standard set by the BIPM.
(3) The value of the national measurement standard in relation
to the measurement unit shall—(a) be the value declared as such by the Agency;(b) have stated uncertainties; and(c) be accepted as the most accurate value.
(4) A measurement standard which is not a national
measurement standard or a measurement carried out by thatmeasurement standard shall, for the purposes of measurements
for a legal purpose, be traceable to one or more national measurement
standards through an unbroken chain of comparisons stating
uncertainties, and carried out by the Agency or an accredited facility.
Maintenanceof national
measurement
standards

16.

(1) Subject to subsection (2), the Agency shall—(a) keep and maintain all national measurement standards
declared under section 15;(b) provide measurement traceability to other measurement
standards; and(c) keep and maintain the instruments necessary for bringing
national measurement standards into being andimplement the procedures connected with the standards.

Metrology[No. 6 of 2017

153(2) Where the Agency, for financial or technical reasons,cannot keep and maintain a specific national measurement standard,
the Minister may, in consultation with the Agency, designate anotherorganisation as the custodian of the national measurement standard.
(3) The Minister may, in the public interest and on therecommendation of the Agency, withdraw the designation provided
for in subsection (2).
(4) The Agency may establish and maintain, as necessary, asystem of providing certified reference materials traceable tonational measurement standards.
17. A reference measurement or analysis performed for a legal
purpose by the Agency stating the uncertainties of measurements
and traceable to national measurement standards or certified
reference materials traceable to national measurement standards
recognised under the CIPM Mutual Recognition Arrangement shallbe regarded as the true value.

Nationalreferencemeasurements

18. (1) The Agency shall issue a certificate stating the outcomeof a measurement or analysis regarding any matter specified inthis Act.

Certificates(2) The certificate provided for in subsection (1) shall be signedby the Executive Director or another officer of the Agency
authorised by the Board.
PART VLEGAL METROLOGY MEASUREMENT STANDARDS
19. The units of measurement used for the implementation of
the legal metrology provisions of this Act shall be in accordancewith the national measurement standards provided for in section
15.

Units ofmeasurement

20. All measurement standards used for legal metrology shallbe traceable to the national measurement standards.

Measurement
traceability

21. (1) The Executive Director shall cause to be kept at thehead office or another designated place, such inspection andverification measurement standards as are necessary for the
purposes of this Act.

Inspection
andverification
measurement
standards(2) The Executive Director shall arrange for the comparisonand calibration, and the correction if necessary, at intervals notexceeding one year, of the verification and inspection measurement
standards with the national measurement standard or other suitably
accurate standards traceable to the national measurement standards.

154

No. 6 of 2017]

Metrology(3) A measuring instrument used by an officer for carryingout the officer’s duties and functions under this Act shall beinspected, tested and calibrated before its use and thereafter atsuch intervals as may be recommended by the manufacturer or asprescribed by statutory instrument, and the Executive Director shallcause to be kept a record of every inspection, test and calibrationby the Agency.
PART VI
CONTROL OF MEASUREMENTS AND MEASURING INSTRUMENTS
Regulationsforcontrolled
measuring
instruments

22. (1) The Minister may, by statutory instrument, after
consultation with the Board and subject to subsection (2), makeregulations to specify the metrological performance and technicalrequirements of measurements and measuring instruments.
(2) The Minister shall, before making the regulations referred
to in subsection (1), consult with the Minister responsible for the
regulation of the import, sale or supply of a commodity or measuring
instrument that is the subject of the regulations.
(3) The Minister may, where necessary, after consultation with
the Board, revise the regulations referred to in subsection (1).
(4) The Minister may, after consultation with the Agency,
exempt specific measuring instruments from the requirements ofthis section on application by the user of the measuring instrument.
(5) The Minister may, in the public interest, grant an exemption
under subsection (4) for a specified purpose and period.

Technical
requirementsof controlled
measuring
instruments

23.

(1) The regulations referred to in section 22 shall—(a) define the metrological requirements, including the required
measurement uncertainty and the control and supervision
requirements applicable to those measurements in orderto ensure confidence in the measurement results;(b) have the results of the measurements expressed inmeasurement units as provided for in section 19 and be
traceable as specified in section 20; and(c) specify, when necessary, a measuring method.
(2) The regulations referred to in section 22 may, where
necessary and for specific applications—(a) include the criteria of the measuring instrument such as
the accuracy class, measurement range and scale
divisions;Metrology[No. 6 of 2017155(b) require the provision of adequate protection against misuse,fraud and incorrect interpretation of the results;(c) prescribe the correct installation, usage and maintenanceunder specified conditions, including the initial verification
and reverification at specific intervals to ensure thecorrect functioning of the measuring instruments;(d) include measures, such as sealing marks, to be taken to
restrict access to certain parts or functions of themeasuring instruments, including software, in order toprevent unauthorised adjustments or interventions;(e) prescribe the requirements applicable to persons who takethe measurements;(f) require records of the measurement operations to beavailable to the Agency;(g) require the issuance of certificates for the results of themeasurements;(h) require records for the traceability of measurement results
to be available to the Agency; and(i) define controls to be applied by the Agency regarding theactivities of the persons who take the measurements.
(3) The regulations referred to in subsection (1) shall be based,
as far as is practicable, on international or regional standards, norms
and recommendations such as those published by the OIML, ISO
and IEC or SADCMEL.
24. (1) The Agency shall type approve a measuring instrument
covered by this Act before it is permitted to be used in trade, law
enforcement, health, safety and environmental management related
measurements.
(2) A person who requires to use for trade, or intends to import,
manufacture, assemble, sell or distribute for use a new type, make,model or design of a measuring instrument covered by this Act
shall submit the type or pattern of that measuring instrument to the
Agency, with all the technical documentation regarding the
instrument as specified by the Agency to expedite the type approval.
(3) The Executive Director shall cause the measuring
instrument submitted for type approval to be inspected and tested
by a laboratory, as appropriate,against the requirements of therelevant regulations provided for in section 22 for that type ofmeasuring instrument.

Type
approval ofmeasuring
instruments

156

No. 6 of 2017]

Metrology(4) The laboratory conducting the inspection and testing
provided for in subsection (3) shall be technically competent,
appropriately accredited and approved by the Executive Director.
(5) The Executive Director may, without prejudice tosubsection (3), consider test reports and type approval certificatesfrom other countries that are OIML compliant as evidence ofcompliance of the submitted measuring instrument against therequirements of the relevant regulations provided for in section 23.
(6) Where the Executive Director is satisfied with the make,marking, model or design and the general performance of an
instrument, the Executive Director shall issue a type approval
certificate for that type or pattern that is valid for the specified
model and is not transferable to measuring instruments that havebeen modified in any way or technically upgraded, whether by the
manufacturer or another person.
(7) The Agency shall maintain a database, which is publicly
accessible, of all the type approved certificates issued, together
with the technical detail necessary to identify the specific type ofmeasuring instrument.
Placement
into service
andverificationof measuring
instruments

25. (1) Where a measuring instrument is offered for sale, soldor placed on the market for use, subject to the legal metrology
requirements provided for in this Act, the seller shall inform thebuyer about the seller’s legal metrology requirements and status
and offer the measuring instruments appropriate for the intendeduse.
(2) The responsible person shall, before placing a measuring
instrument covered by this Act into service, ensure that themeasuring instrument is—(a) issued with a type approval certificate as provided for in
section 24;(b) correctly installed and is used and operated under the
specified conditions;(c) calibrated and verified in accordance with the relevant
regulation provided for in section 22; and(d) sealed or bears the control marks provided for in section30.
(3) The responsible person shall—(a) ensure that the measurement equipment—

Metrology[No. 6 of 2017

157(i) after being correctly installed, calibrated andverified, sealed or marked, is not tampered with,adjusted or otherwise interfered with so as torender the equipment’s usage unsuitable for theintended purpose or invalidate its calibration andverification;(ii) is operated in accordance with the operating
instructions provided by the manufacturer or
supplier; and(b) cause the reverification of all measuring instruments inuse covered by this Act to be conducted at intervals nolonger than those provided for in the relevant regulations
provided for in section 22.
(4) A measuring instrument that no longer complies with theverification requirements provided for in subsection (2) shallimmediately be withdrawn from service by the responsible person
and disposed of or otherwise dealt with in a manner that prevents
the use of the measuring instrument.
(5) The Agency or a designated organisation shall conduct theverification of measurement equipment covered by this Act.
(6) Where a measurement equipment is found in the possessionof a person carrying on trade, or on any premises which are used
for trade, that person or an occupier of those premises, as the casemay be, shall be deemed to be the responsible person for thatmeasurement equipment for the purposes of this Act, unless thecontrary is proven.
(7) Subsection (6) applies to measurement equipment used inlaw enforcement, health, safety and environmental management.
26. (1) The Agency may establish, maintain and provide
calibration services to the public and the private sector as approvedby the Board.
(2) A calibration service shall be provided on a user pays
principle.
(3) The Agency may enter into contracts with the public andprivate sectors for the provision of inspection services.
(4) The Agency shall, in order to ensure the integrity of theinspection services—(a) appoint qualified staff with sufficient knowledge of therelevant sectors;

Calibrationandinspection
services

158

No. 6 of 2017]

Metrology(b) establish suitable infrastructure to enable it to performthe required tests; and(c) operate quality management systems in accordance withthe relevant international standards.
Designatedlegal
metrology
organisations

27. (1) The Executive Director may, after determining anorganisation’s technical proficiency and legal status and withapproval of the Board, designate the organisation to conduct testing,
servicing, maintenance, calibration or verification of measurement
equipment covered by this Act.
(2) The obligations of a designated legal metrology organisation
shall be contained in a written contract between the organisationand the Agency, and shall include it’s continued and demonstrable
compliance with the designation requirements.
(3) The technical proficiency of a legal metrology organisation
to be designated shall be determined against the criteria of thelatest edition of ISO/IEC 17025 or ISO/IEC 17020 as relevant, andaccreditation by an internationally recognised accreditation bodyshall be the preferred manner of determining its technicalcompetency.
(4) The legal status of a legal metrology organisation to be
designated shall be determined in accordance with specified criteria,
including registration status as a firm, corporate or incorporate body,whether the organisation is established or registered under a written
law or whether the organisation is a division or department of apublic body, and such other criteria as the Executive Director may
specify with the approval of the Board.
(5) The designated organisations may charge such fees forservices as the Executive Director may approve, as prescribed.
(6) The Executive Director may, with the approval of theBoard, revoke the designation of a legal metrology organisation if
the organisation—(a) fails to comply with its contractual obligations; or(b) indicates that it will no longer provide the contractual
services.
(7) The Agency shall publish in the Gazette—(a) the companies designated as legal metrology organisations,
including the names, addresses, registration numbers andscope of activities; and(b) the name, address and registration numbers of any
companies whose designations are revoked.

Metrology[No. 6 of 2017

PART VII
CONTROL OF PRE-PACKAGED COMMODITIES
28. (1) The Minister may, by statutory instrument, after
consultation with the Board, make regulations to specify the list of,and requirements for, pre-packaged commodities offered for salefor which control shall be implemented in accordance with this
Act.

159

Regulationsforcontrolled
pre-packaged
commodities(2) The regulations referred to in sub-section (1) shallprescribe—(a) the authorised sizes and labelling requirements of thenominal content of the pre-packaged commodities,
expressed in the measurement units provided for in
section 21;(b) the tolerable deficiencies of individual pre-packaged
commodities from the nominal value and requirements
for the conformity assessment of the pre-packaged
commodities, including sampling plans, test procedures,
statistical methods and other relevant guidance for theauthorities and suppliers;(c) the quality systems to be applied by the supplier of the
pre-packaged commodities;(d) the records of control operations to be kept by the
manufacturer or supplier for inspection by legal
metrology;(e) the marks, including those of trading partners, whichindicate conformity or compliance of the pre-packaged
commodities to the regulatory requirements;(f) the procedures and criteria for control to be exercised by
the Agency on pre-packaged commodities and on the
suppliers of pre-packaged commodities, including
registration of manufacturers and importers; and(g) any other requirements that the Minister considers
necessary for purposes of this Act.
(3) All the measurement results involving measuring
instruments and measurement standards used for the controls
provided for in subsection (2) shall be traceable as required bysection 20.
29. (1) The regulations provided for in section 28 for prepackaged commodities shall set out the legal metrologicalrequirements and control provisions applicable to the quantity orcontent of pre-packaged commodities offered for sale.

Prepackaged
commodities

160

No. 6 of 2017]

Metrology(2) The Minister may, where necessary, after consultation with
the Board, revise the list referred to in section 28 by adding newcommodities to the list, revising the pre-packaging requirements oflisted commodities or removing commodities from the list.

Act No. of
2017Registration
andresponsibilities
of prepackaging
companies(3) The regulations referred to in subsection (1) shall, as far
as is practicable, be based on the recommendations of the OIML,
the norms published by SADCMEL or relevant national standards
published by the Bureau under the Standards Act, 2017.
30. (1) A local supplier of prepackaged commodities, or
person wishing to pre-package commodities covered by this Act
shall, before offering or exposing the pre-packaged commodities
for sale, apply to theAgency for registration in the prescribed mannerand form.
(2) A local supplier referred to in subsection (1) shall provide
the Agency with the required information and be subjected to anaudit of its—(a) control over and calibration of the packing, filling or
metrology equipment that is intended to be used indetermining the quantity of the commodities prepackaged;(b) marking of the pre-packaged commodities for compliancewith stated requirements in relevant product standards
or with this Act; and(c) records demonstrating continued compliance with the legal
metrology requirements for pre-packaged commodities
as required by this Act.
(3) The Executive Director shall register a person or local
supplier of pre-packaged commodities if the Executive Director
determines, on information submitted, that the person or local
supplier can pre-pack commodities in compliance with therequirements of this Act, and shall inform the person or local supplieraccordingly within fourteen days from the date of application forregistration as a supplier of pre-packaged goods.
(4) A manufacturer shall not manufacture or offer or expose
for sale any pre-packaged commodities without registration by the
Agency.

Metrology[No. 6 of 2017

161(5) An importer of a pre-packaged commodity shall be
registered by the Agency after providing evidence of marks ofconformity affixed under the relevant legal metrology regulationsof the country of origin or under conformity marking systems set
up by accredited certification bodies, samples of the pre-packaged
commodities to be imported for testing, or other evidence acceptable
to the Executive Director, that the pre-packaged commodities
comply with this Act and other standards applicable to the specificproducts.
(6) The Agency shall, in cooperation with the Zambia Revenue
Authority, conduct customs audits on imported pre-packaged productshipments or consignments to ensure their compliance with thisAct.
(7) Imported pre-packaged commodities that do not comply
with the legal metrology requirements of this Act shall not be allowed
to enter Zambia and shall be pre-packed in a manner that complies
with the requirements of this Act or be ordered to be returned tothe country of origin by the importer.
PART VIII
THE METROLOGY FUND
31. (1) There is established the Metrology Fund for purposesof metrological development and management.
(2) The Fund shall consist of—(a) such monies as may be appropriated by Parliament forthe purposes of the Fund;(b) monies collected from such fees and levies as the Minister
responsible for finance may prescribe, in consultation
with the Minister;(c) such monies as may be received by the Fund from donations
and grants from any source, with the approval of the
Minister;(d) such other monies as may vest in, or accrue to, the Fund;and(e) such other monies as may, by or under any other law, bepayable to the Fund.
32. (1) The Minister may, by statutory instrument, on therecommendation of the Agency, make regulations to provide for—(a) the administration and management of the Fund;(b) the activities that the Fund shall finance and the mannerof financing the activities; andEstablishmentofMetrology
Fund

Administration of Fundand accounts

162

No. 6 of 2017]

Metrology(c) any other matter necessary for the efficient operation,
administration and management of the Fund.
(2) The Minister shall ensure that prudent controls are
established for the Fund relating to—(a) fiscal controls and accounting procedures governing theFund;(b) reporting procedures for matters relating to the Fund; and(c) investment of the monies of the Fund.
(3) The Board shall cause to be kept proper books of accountand other records relating to the accounts of the Fund.
(4) The Fund shall be audited annually by the Auditor-General.
Annualreport andstatement ofincome andexpenditure

33. (1) As soon as practicable, but not later that ninety days
after the end of the financial year, the Ministry responsible formetrology shall submit to the Minister responsible for finance areport concerning the activities relating to the Fund during thefinancial year.
(2) The report referred to in subsection (1) shall include
information on the financial affairs of the Fund and there shall beappended to the report—(a) an audited statement of financial position;(b) an audited statement of comprehensive income; and(c) such other information as the Minister responsible forfinance may require.
(3) The Minister responsible for finance shall, not later thanseven days after the first sitting of the National Assembly next
after receipt of the report referred to in subsection (1), lay thereport before the National Assembly.

Appointmentofmetrologists

PART IXQUALITY ASSURANCE
34. (1) The Board may, on such terms and conditions as theEmoluments Commission may determine, appoint suitably qualified
persons as metrologists for the purpose of ensuring compliancewith this Act.
(2) The Board shall provide a metrologist with a certificate of
appointment, in the prescribed form, which shall be prima facie
evidence of the inspector’s appointment as such.

Metrology[No. 6 of 2017

163(3) A metrologist shall, in performing a function under thisAct—(a) be in possession of the certificate of appointment referred
to in subsection (2); and(b) show the certificate of appointment to a person who
requests to see it or who is subject to an investigation
under this Act.
(4) The duties of a metrologist are to—(a) verify weights, measures and weighing and measuring
instruments;(b) care for and maintain any standard equipment under themetrologist’s care;(c) keep records and make such reports as the Executive
Director may require;(d) give effect to the directions of the Executive Director inaccordance with this Act; and(e) generally exercise and perform such powers and duties
as may be conferred or imposed on a metrologist by thisAct or any other written law.
35. (1) A metrologist may, with a warrant, at any reasonable
time, enter upon any premises and—(a) search the premises, including a private dwelling, wherea commodity, product, measuring instrument, measuring
equipment, information, records or documents which
are relevant to an investigation are kept;(b) search a person on the premises if there are reasonablegrounds to believe that the person has personal
possession of a commodity, product, measuring
instrument, measuring equipment, document, record or
article that has a bearing on an investigation, exceptthat a person shall only be searched by a person of thesame sex;(c) examine a commodity, product, measuring instrument,
measuring equipment, document or article found on thepremises that has a bearing on an investigation;(d) require information to be given about a commodity, product,
measuring instrument, measuring equipment, document,
record or article by—(i) the owner of the premises;(ii) the person in control of the premises;

Powers ofentry andsearch164

No. 6 of 2017]

Metrology(iii) a person who has control of the commodity,
product, measuring instrument, measuring
equipment, document, record or article; or(iv) any other person who may have the information;(e) take extracts from, or make copies of, a book, recordor document found on the premises that has a bearing
on an investigation;(f) use a computer system on the premises, or requireassistance of a person on the premises, to use thatcomputer system to—(i) search any data contained in, or available from,the computer system;(ii) reproduce any record from the data; or(iii) seize any output from the computer for
examination and copying; or(g) attach and, if necessary, remove from the premises
for examination and safeguarding a commodity, product,
measuring instrument, measuring equipment document
or article that appears to have a bearing on an
investigation.
(2) A metrologist who removes a commodity, product,
measuring instrument, measuring equipment, document or article
from any premises in accordance with subsection (1) shall—(a) issue a receipt for the commodity, product, measuring
instrument, measuring equipment, document or article
to the owner of, or person in control of, the premises;
and(b) return the document or article as soon as practicable after
achieving the purpose for which it was removed.
(3) A metrologist shall furnish the Agency with a written reportand any other information relating to an inspection as the Board
may require.
(4) Nothing in this section requires a person to disclose or
produce information or a document if the person would in an action
in a court be entitled to refuse to disclose or produce the informationor document.

Metrology[No. 6 of 201736. (1) A metrologist may, in the performance of any functions
under this Act—(a) inspect or examine a measuring instrument, measuring
equipment, product, package, commodity, article or otherthing which may be inspected or examined for purposesof this Act;(b) order that a measuring instrument, measuring equipment,
product, package, commodity, article or other things beplaced at the metrologist’s disposal for the purpose of
inspection or examination;(c) inspect, verify or test or cause to be verified or tested ameasuring instrument, measuring equipment, product,or package used for any prescribed purpose or which is
subject to a provision of this Act and which is in thepossession of a person or is found on any premises;(d) seize and retain for use as evidence, a measuring
instrument, measuring equipment, product, package,
commodity, article or other thing found to be used,retained, offered or exposed for sale in violation of thisAct;(e) examine and measure and count the quantity of acommodity for sale by using—(i) a measuring instrument of the Agency traceable
to national measurement standards;(ii) a certified measuring instrument found at thepremises where the commodity is found; or(iii) a vehicle on which the commodity is transported
for sale;(f) inspect a process or service carried on in or upon thepremises in respect of which measuring instruments areapplied;(g) at any time, demand from a person immediately or at atime and place fixed by the metrologist, the productionof a commodity, product, measuring instrument,
measuring equipment, book, notice, record, list or otherdocument which is in the possession, custody or under
the control of that person;(h) make copies of, or extracts from, a book, notice, record,
list or other document relating to a measuring instrument;(i) require from a person referred to in paragraph (g) an
explanation of any record or entry in the book, record
notice or document;

165

Powers ofinspection
and seizure

166

No. 6 of 2017]

Metrology(j) seize any commodity, product, measuring instrument,
measuring equipment, book, notice, record, list or otherdocument which the metrologist believes may afford
evidence of an offence under this Act;(k) order a person to appear before the metrologist immediately
or at a time and place fixed by the metrologist, and atthat time and place question that person with regard toa matter which the metrologist is investigating; or(l) check any relevant document of a manufacturer or supplieror a measuring instrument, measuring equipment todetermine whether that manufacturer or supplier has
paid the applicable fees or levies.
(2) A metrologist who enters and inspects any premises or
private dwelling in accordance with this section shall have strict
regard to safety and security measures, decency, order and respectfor each person’s right to dignity and privacy.
Inspection
by joint
committee

37. (1) The Board may, constitute a joint committee of
regulatory agencies for purposes of carrying out an inspection
under this Act.
(2) A joint committee carrying out an inspection undersubsection (1) shall have the same powers and obligations vestedin, or conferred on, a metrologist under this Act.

Conduct ofinspections
andassessments

38. The Executive Director shall ensure that inspections andassessments are undertaken by the Agency in order to prevent—(a) the use of measuring instruments which do not comply
with the provisions of this Act or any other written law;and(b) the sale of commodities which, in respect of the quantity
or the manner in which they are offered for sale, do notcomply with the provisions of this Act or any other written
law.

Rebuttablepresumptions
regardingmeasuring
instruments
and prepackages

39. (1) Where there is a measuring instrument or pre-packagein any premises from which buying and selling is commonly carriedout, there shall be a rebuttable presumption that the measuring
instrument or prepackage is regularly used for the business purposeof those premises.
(2) Where there is a measuring instrument subject to legal
metrology control used for health, safety, law enforcement or
environmental management in any premises in which or from whichmeasurements are commonly carried out, there shall be a rebuttablepresumption that the measuring instrument is used for its intended
purpose.

Metrology[No. 6 of 201740. (1) Despite anything to the contrary in this Act, a person
who imports, manufactures or sells a commodity or measuring
instrument in respect of which a legal metrology measure is inforce shall, at the written request of the Agency, within the period
stated in the request, at that person’s own cost—

167

Samples andinformation(a) transmit to the Agency such samples, as may be specified
in the request, of the commodity for inspection, testingor analysis; or(b) furnish to the Agency such information as the Agency
may specify with regard to the commodity or its
manufacture.
(2) The Agency may inspect and provide for testing or analysis
a sample obtained under this Act in order to determine whether the
pre-packaged commodity, measuring instrument or component
complies with, has the characteristics or has been manufactured inaccordance with, the requirements of the applicable metrology
standard.
(3) Where a sample obtained under subsection (1) is damaged
or destroyed during the process of examining, inspection, testing or
analysis, the Agency shall not be liable for the damage to or
destruction of that sample except in a case of negligence.
(4) The result of an inspection, test or analysis of a sample ofa product or measuring instrument shall, unless the contrary is
proved, be deemed to be valid for the whole consignment or batchfrom which the sample was obtained.
41. (1) The Executive Director may, where the Executive
Director has reasonable grounds to suspect that a commodity,
measuring instrument, consignment or batch of a commodity or
measuring instrument does not comply with a requirement of thisAct, direct in writing a person who is in possession or control of
the commodity, measuring instrument, consignment or batch to keep
it in that person’s possession or control at or on any premises
specified in the directive, until the directive is withdrawn by the
Executive Director in writing.
(2) Where the Agency finds that a commodity referred to in
subsection (1) does not comply with a requirement of this Act, theExecutive Director may direct, in writing, that—(a) the importer of the commodity or measuring instrument
return it to its country of origin;

Noncompliancewith legal
metrology
regulations

168

No. 6 of 2017]

Metrology(b) the consignment or batch of the commodity or measuring
instrument be confiscated, destroyed, re-worked or dealt
with in such other manner as the Executive Director
may direct.
(3) The Executive Director shall inform the Board and theMinister, in writing, on any action taken in terms of subsection (2)within seven days of taking the action.
(4) The directive provided for in subsection (1) expires thirtydays from the date that it takes effect, unless it is withdrawn, or
replaced by a directive provided for in subsection (2).
(5) The Minister may, by statutory instrument, prescribe themanner in which the Executive Director shall issue directives forpurposes of subsections (1) and (2).

Prohibitionofpublication
or disclosureofinformationtounauthorised
persons

PART XOFFENCES AND PENALTIES
42. (1) A person shall not, without the consent, in writing,given by or on behalf of the Agency, publish or disclose to an
unauthorised person, the contents of a document, communication
or information which relates to, or which has come to the knowledgeof the person in the course of that person’s duties under this Act.
(2) A person who, having any information which to theknowledge of that person has been published or disclosed incontravention of subsection (1), unlawfully publishes orcommunicates the information to another person, commits anoffence.
(3) A person who contravenes subsection (1) or (2) commits
an offence and is liable, upon conviction, to a fine not exceeding
two hundred thousand penalty units or to imprisonment for a term
not exceeding two years, or to both.

Offences byofficers or
employeesof Agency

43. (1) A metrologist who willfully or negligently permits theimportation, exportation or offer for sale of a measuring instrument
or commodity in contravention of the provisions of this Act commits
an offence.
(2) An officer or employee of the Agency commits an offence
who—(a) submits or causes the submission of a false inspection
report or a false or misleading document for purposesof this Act; orMetrology[No. 6 of 2017169(b) with intent to receive a gift or any other benefit or to
injure another person, holds or delays the decision or
action that is brought before the officer or employee forpurposes of this Act.
44. (1) A person who intends to be employed as a technician,fitter or contractor in relation to a measuring instrument for the
purposes of this Act shall apply to the Executive Director for
certification in the prescribed manner and form.

Certificationof technician,fitter andcontractor(2) The Executive Director shall certify a person as atechnician, fitter or contractor if the person meets the requirementsof this Act and can manufacture, install or repair weighing or
measuring instruments.
45. (1) A person shall not employ an uncertified technician,fitter or contractor to carry out any installation works or to service
or repair a weighing or measuring instrument.
(2) A person who employs an uncertified technician, fitter orcontractor commits an offence and is liable, upon conviction, to afine not exceeding one hundred thousand penalty units or
imprisonment for a term not exceeding one year, or to both.
46. A person commits an offence who—(a) contravenes or fails to comply with a provision of thisAct, or a directive, order, condition, requirement,
determination or request made under this Act;(b) falsely presents a product or service to be a commodity
or service that complies with the provisions of a standard
or this Act;(c) refuses or fails to pay any fees or levies provided forunder this Act that are lawfully due or payable;(d) impersonates or falsely presents oneself to be a metrologist
for the purposes of this Act or as a person acting under
an order of a metrologist;(e) knowingly or negligently gives a metrologist false or
misleading information;(f) refuses or fails to answer to the best of that person’s
knowledge any relevant question which a metrologist
has in the performance of the metrologist’s functions
put to that person;(g) refuses or fails to comply with a lawful requirement,
demand or order of a metrologist under this Act; orProhibitionof
employmentof
uncertified
technician,filter orcontractor

Generaloffences

170

No. 6 of 2017]

Metrology(h) delays, hinders or obstructs a metrologist in theperformance of the metrologist’s functions under thisAct.
Offence bybody
corporate orunincorporate
body

47. Where an offence under this Act is committed by a body
corporate or unincorporate body, and the director, manager orshareholder of that body is suspected to have committed the offence
and is charged of that offence, that director, manager or shareholderof the body corporate or unincorporate body is liable, upon conviction,
to the penalty specified for the offence, unless the director, manager
or shareholder proves to the satisfaction of the court that the act
constituting the offence was done without the knowledge, consent
or connivance of the director, manager or shareholder or that thedirector, manager or shareholder took reasonable steps to preventthe commission of the offence.

Admissionof guilt

48. (1) A metrologist may, where satisfied that a person has
committed an offence for which the penalty does not exceed two
hundred thousand penalty units or where a person has admitted thecommission of an offence under this Act for which the penalty
does not exceed two hundred thousand penalty units, summarily
demand from the person the payment of a fine not exceeding one
hundred thousand penalty units in respect of the offence.
(2) A metrologist shall, where the metrologist demands apayment under subsection (1), inform the person against whom thedemand is made of the right to admit or dispute the liability.
(3) A person from whom payment of a fine has been demanded
under subsection (1) may elect to admit liability and pay the fine ordispute liability.
(4) The payment of a fine shall operate as a bar to any further
criminal proceedings against the person making the payment inrespect of the offence concerned.
(5) A metrologist who receives payment of a fine shall give a
receipt to the person making the payment in such form as may beprescribed.
(6) A metrologist commits an offence who receives a payment
under this section and—(a) fails to issue a receipt to the person making the payment
as required under subsection (5);(b) fails to account for any payment made under this section;or(c) in any manner, misuses or puts to personal use any payment
made under this section.

Metrology[No. 6 of 2017

171(7) A metrologist who commits an offence under subsection(1) is liable, upon conviction, to a fine not exceeding three hundred
thousand penalty units or to imprisonment for a period not exceeding
three years, o2r to both.
49. A person who commits an offence under this Act for whicha penalty is not provided is liable, upon conviction, to a fine notexceeding two hundred thousand penalty units or imprisonment
for a term not exceeding two years, or to both.

Generalpenalty

50. Proceedings for an offence under this Act shall not be
instituted except by or with the written consent of the Director of
Public Prosecutions.
PART XIGENERAL PROVISIONS
51. (1) A person aggrieved with a decision of the Agency
under this Act may appeal to the Minister within thirty days of thereceipt of the decision of the Agency.

Consent of
Director of
PublicProsecutions

Appeals(2) The decision of the Minister on an appeal under this section
shall be subject to appeal to the High Court.
52. Where it is necessary for the purposes of this Act todetermine the importer of a measuring instrument or commodity it
shall be presumed, unless the contrary is proved, that the person
named on the import transaction documents of the measuring
instrument or commodity as the importer, is the importer of thatmeasuring instrument or commodity.

Presumption as
to importerof measuring
instrument
orcommodity

53. (1) A person who repairs a verified or rejected measuring
instrument shall permanently remove the verification stamp or
rejection mark on that measuring instrument and shall, before theinstrument is used for trade, cause it to be verified by a metrologist
within fourteen days of the repair of the measuring instrument.

Use ofrepairedmeasuring
instruments(2) Where a metrologist is unable to verify the repaired
measuring instrument submitted to the metrologist under subsection(1) within the specified period, the person who has the repaired
measuring instrument in that person’s possession or charge may
apply to the metrologist for written authority to use the unverified
measuring instrument.
(3) A metrologist may, on application made under subsection(2) upon payment of a prescribed fee and submission of a reporton the measuring instrument by the applicant, authorise, in writing,the use of the unverified measuring instrument for a period oftwenty-one days from the date of the authorisation pending
verification of that measuring instrument.

172

No. 6 of 2017]

Acts not tobeinterpretedasassurancesor
guarantees

Metrology

54. (1) Nothing done by the Minister, the Agency, the Board,a member of the Board, the Executive Director or an employee ofthe Agency in the performance of a function under this Act inconnection with any measuring instrument or commodity shall be
construed as an assurance or a guarantee of any nature in respectof that measuring instrument or commodity.
(2) A manufacturer or supplier is accountable for the integrityof a measuring instrument or commodity in respect of which thisAct applies, irrespective of an inspection or certification by the
Agency in respect of that measuring instrument or commodity.

Burden ofproof

55. (1) In any proceedings under this Act in which it isnecessary, in order to establish a charge against a person, to provethat a notice or order in respect of a measuring instrument has
been complied with, it shall be presumed, unless the contrary is
proved, that the measuring instrument was used in trade at all
relevant times by that person in the area to which the notice ororder in question relates.
(2) For the purposes of this Act where goods are found on
any premises or in any vehicle used by any person for trade thegoods shall, unless the contrary is proved, be presumed to be on orin the premises or vehicle for sale.
(3) A measuring instrument is, unless the contrary is proved,
presumed to be in the possession of a person for use for the purposeof trade where the measuring instrument is found—(a) in the possession of that person when the person is carrying
on trade; or(b) on premises used for trade by that person, whether or not
the premises are open or enclosed.

Judicial
notice56. A document purporting to be signed by a metrologist andcertifying that a weighing or measuring instrument specified in the
document was inspected or examined and compared with thestandard by the metrologist on a specified date and stating thefinding of the examination or inspection shall be received in any
court on production by a person as prima facie evidence of thefacts stated in the document.

Forfeiture
Act No. 19
of 2010

57. A measuring instrument or a commodity seized under thisAct is liable to forfeiture in accordance with the Forfeiture ofProceeds of Crime Act, 2010.

Metrology[No. 6 of 2017173

58. The fact that a measuring instrument or commodity
complies with or is alleged to comply with this Act or has been
alleged to be manufactured, calibrated, adjusted or dealt with inaccordance with this Act shall not give rise to an action, claim or
demand against the Agency or the Board or against a member,officer or employee of the Agency unless negligence can be provenagainst the member, officer or employee.

Limitationof liability

59. The Minister may, prescribe anything, by statutory
instrument which by this Act is required to be prescribed or isnecessary for the carrying out of the provisions of this Act.

Regulations

60. (1) The Weights and Measures Act, 1994, is repealed.
(2) Despite subsection (1), the Second Schedule applies to thesavings and transitional arrangements.

Repeal ofCap. 403

174

No. 6 of 2017]

Metrology
FIRST SCHEDULE(Section 3(3) and 7(5))

Tenure ofoffice andvacancyPART ITHE ZAMBIA METROLOGY AGENCY ADMINISTRATION OF AGENCY
1. (1) A member shall hold office for a period of three years
and may be re-appointed for one further period of three years.
(2) A member may resign upon giving one month’s notice, in
writing, to the Minister.
(3) The office of a member becomes vacant if the member—(a) dies;(b) resigns;(c) is absent, without reasonable excuse, from threeconsecutive meetings of the Board of which the member
has had notice without the prior approval of the Board;(d) is adjudged bankrupt;(e) is convicted of an offence under this Act or any otherwritten law and sentenced to imprisonment for a period
exceeding six months without the option of a fine;(f) is removed by the Minister; or(g) has a mental or physical disability which makes the member
incapable of performing the functions of a member.
(4) A member shall, on the expiration of the period for which
the member is appointed, continue to hold office until a successor
is appointed, but in no case shall the further period exceed fourmonths.
(5) The Minister shall, whenever the office of a member
becomes vacant before the expiry of the term of office, appoint
another person in place of that member but that person shall holdoffice as a member only for the unexpired part of the term of theBoard.
(6) The Minister shall, as far as practicable when appointing
members of the Board in accordance with subsection (1), ensurethat there is fifty percent representation of each gender.

Proceedingsof Board

2. (1) Subject to the other provisions of this Act, the Board
may regulate its own procedure.
(2) The Board shall meet for the transaction of business atleast once in every three months at such places and times as theBoard may determine.

Metrology[No. 6 of 2017

175(3) A meeting of the Board may be called by the Chairperson
upon giving notice of not less than fourteen days, and shall be calledby the Chairperson if one-third or more of the members so request
in writing, except that if the urgency of any particular matter does
not permit the giving of such notice, a special meeting may becalled upon giving a shorter notice.
(4) Five members shall constitute a quorum at a meeting of
the Board.
(5) There shall preside at a meeting of the Board—(a) the Chairperson;(b) in the absence of the Chairperson, the Vice-Chairperson;
and(c) in the absence of the Chairperson and the ViceChairperson, such other member as the members present
may elect for the purpose of that meeting.
(6) A decision of the Board on any question shall be by amajority of the members present and voting at the meeting and in
the event of an equality of votes, the person presiding at the meetingshall have a casting vote in addition to that person’s deliberative
vote.
(7) A member appointed under section 7(1)(a) or (b) who isfor any reason unable to attend a meeting of the Board, may, inwriting, nominate another person from the same organisation toattend the meeting in that member’s stead and that person shall bedeemed to be a member for the purpose of that meeting.
(8) The Board may invite a person whose presence is in its
opinion desirable to attend and to participate in the deliberations of
the meeting of the Board, but that person shall have no vote.
(9) The validity of any proceedings, acts or decisions of theBoard shall not be affected by any vacancy in the membership ofthe Board or by any defect in the appointment of any member orby reason that any person not entitled to do so, took part in theproceedings.
(10) The Board shall cause minutes to be kept of theproceedings of every meeting of the Board and every meeting of
any committee of the Board.
3. (1) The Board may, for the purposes of performing its
functions, establish such committees as it considers necessary anddelegate to any of those committees any of its functions.

Committeesof Board

176

No. 6 of 2017]

Metrology(2) The Board may appoint as members of a committee persons
who are or are not members of the Board, except that at least one
member of the Board shall be a member of a committee.
(3) Despite the generality of subsections (1) and (2), the Board
may appoint special committees, composed of some members of
the Board and persons representing relevant regulatory agencies,
to carry out inspections under this Act or perform such otherregulatory functions that require collaborative effort with otherregulatory agencies.
(4) A person serving as a member of a committee shall holdoffice for such period as the Board may determine.
(5) Subject to any specific or general direction of the Board, acommittee may regulate its own procedure.
Emoluments

4. A member of the Board or any committee of the Board
shall be paid such emoluments as the Emoluments Commission
may determine.

Disclosureof interest

5. (1) A person who is present at a meeting of the Board or
any committee of the Board at which any matter is the subject ofconsideration, and in which matter that person or that person’s
relative or associate is directly or indirectly interested in a private
capacity shall, as soon as is practicable after the commencementof the meeting, declare such interest and shall not, unless the Boardor the committee otherwise directs, take part in any consideration
or discussion of, or vote on, any question relating to that matter.
(2) A disclosure of interest made under subparagraph (1) shallbe recorded in the minutes of the meeting at which it is made.
(3) A person who contravenes subpragraph (1) commits anoffence and is liable, upon conviction, to a fine not exceeding two
hundred thousand penalty units or to imprisonment for a term notexceeding two years, or to both.

Immunity

6. An action or other proceeding shall not lie or be instituted
against a member of the Board, a member of a committee of theBoard or a member of staff of the Agency for, or in respect of, an
act or thing done or omitted to be done in good faith in the exercise
or performance, of any of the powers, functions or duties conferredunder this Act.

Metrology[No. 6 of 2017

PART IIFINANCIAL PROVISIONS
7. (1) The funds of the Agency shall consist of such monies
as may—(a) be appropriated by Parliament;(b) be paid to the Agency by way of fees, grants or donations;or(c) vest in or accrue to the Agency.
(2)

177

Funds of
AgencyThe Agency may, subject to the approval of the Minister—(a) accept monies by way of grants or donations from any
source within or outside Zambia;(b) raise by way of loans or otherwise, such monies as it may
require for the discharge of its functions; or(c) in accordance with the regulations made under this Act,
charge and collect fees for services provided by the
Agency.

(3) There shall be paid from the funds of the Agency—(a) the emoluments of the members of staff of the Agency;(b) such reasonable travelling and other allowances for themembers and the members of any committee of theBoard when engaged in the business of the Agency, atsuch rates as the Emoluments Commission may approve;and(c) any other expenses incurred by the Agency in theperformance of its functions under this Act.
(4) The Board may, with the approval of the Minister, invest insuch manner as it considers appropriate such funds of the Agency
that it does not immediately require for the discharge of its functions.
8. The financial year of the Agency shall be a period of twelve
months ending on 31st December in each year.

Financialyear

9. (1) The Agency shall cause to be kept proper books ofaccounts and other records relating to its accounts.

Accounts
and audit(2) The accounts of the Agency shall be audited annually by
the Auditor-General or an auditor appointed by the Auditor-General.
(3)

The Auditor-General’s fees shall be paid by the Agency.

10. (1) As soon as practicable, but not later than ninety days
after the end of the financial year, the Agency shall submit to the
Minister a report concerning its activities during the financial year.

Annualreport178

No. 6 of 2017]

Metrology(2) The report referred to in subparagraph (1) shall include
information on the financial affairs of the Agency and there shallbe appended to the report—(a) an audited statement of financial position;(b) an audited statement of comprehensive income; and(c) such other information as the Minister may require.
(3) The Minister shall, not later than seven days after the firstsitting of the National Assembly next after receipt of the reportreferred to in subparagraph (1), lay the report before the National
Assembly.

Metrology[No. 6 of 2017179

SECOND SCHEDULE(Section 60 (2))
SAVINGS AND TRANSITIONAL PROVISIONS
1. (1) A person who, before the commencement of this Act,was an employee of the former Agency, shall be transferred to theservice of the Agency as an employee of the Agency as if employed
under this Act.

Staff offormerAgency(2) Nothing in this Act affects the rights and liabilities of any
person employed or appointed by the former Agency before thecommencement of this Act.
(3) The Minister shall, by statutory instrument, on thecommencement of this Act provide for the transfer of employeesof the Bureau responsible for metrology to the Agency on terms
that are not less favourable than those enjoyed by the person whilein the service of the Bureau.
(4) The service of the persons referred to in subparagraphs(1) and (3) shall be treated as continuous service.
2. (1) On or after the commencement of this Act, there shallbe transferred to, vest in and subsist against the Agency by virtueof this Act and without further assurance all assets, rights, liabilities
and obligations as the Minister may specify which immediately
before that date were the assets, rights, liabilities and obligations of
the former agency.
(2) Subject to subparagraph (1), every deed, bond andagreement, other than an agreement for personal service, to which
the former Agency was a party immediately before thecommencement of this Act, whether or not of such a nature thatrights, liabilities and obligations could be assigned shall, unless its
subject matter or terms make it impossible that it should have effectas modified, as provided under this paragraph, have effect as if—(a) the Agency had been party to it;(b) for any reference to the former Agency there were
substituted, with respect to anything falling to be doneon or after the commencement of this Act, a reference
to the Agency; or(c) for any reference to any officer of the former Agency,
not being a party to it and beneficially interested, there
were substituted, as respects anything falling to be doneon or after the commencement of this Act, a reference
to such officer of the Agency as the Agency shalldesignate.

Transfer ofassets andliabilities

180

No. 6 of 2017]

Metrology(3) Where under this Act, any assets, rights, liabilities andobligations of the former Agency are deemed to be transferred to
the Agency in respect of which transfer a written law provides forregistration, the Agency shall make an application, in writing, to theappropriate registration authority for registration of the transfer.
(4) The registration authority, referred to in subparagraph (3),shall make such entries in the appropriate register as shall giveeffect to the transfer and, where applicable, issue to the transferee
concerned a certificate of title in respect of the property or makenecessary amendments to the register and shall endorse the deeds
relating to the title, right or obligation concerned and no registration
fees or other duties shall be payable in respect of the transaction.
(5) The Minister shall, by statutory instrument, on thecommencement of this Act provide for the transfer of such assets,
liabilities, rights and obligations of the former agency relating to thefunctions to be performed by the Agency.
Legalproceedings

4. (1) Any legal proceedings or application of the former
Agency pending immediately before the commencement of thisAct by or against the former Agency may be continued by or against
the Agency.
(2) After the commencement of this Act, proceedings in
respect of any right, liability or obligation which was vested in,held, enjoyed, incurred or suffered by the former Agency, may beinstituted by or against the Agency.