The implementation of new Legal Metrology Regulations. Presented by: J Marneweck Senior Manager Inspections Legal Metrology
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1 The implementation of new Legal Metrology Regulations Presented by: J Marneweck Senior Manager Inspections Legal Metrology 1
2 BRIEF INTRODUCTION TO METROLOGY Metrology developed in line with civilization Developed in response to needs of the state Enabled state to plan, organize, defend and tax Role of metrology to make measurement information consistent, comparable and coherent 2
3 BRIEF INTRODUCTION TO METROLOGY State s involvement in measurements provided: trust in measurements credibility of measurements reduced disputation facilitated market growth Strong state = strong metrology system
4 BRIEF INTRODUCTION TO METROLOGY George Washington s first address to Congress 8 January 1790 identified six priority areas One being the establishment of a national weights and measures system Law included a Act on collection of excises on goods imported into US Main source of income until the introduction of income tax
5 DRIVERS OF CHANGE IN LEGAL METROLOGY Civil Rights and Globalization French Revolution Lead to the formulation of the Meter Convention signed 20 May 1875 was a reflection of the need of metrology to support civil rights
6 BRIEF INTRODUCTION TO METROLOGY Eric Hobsbawm, Britain s most distinguished radical historian, noted: the most lasting and universal benefit of the French Revolution was the metric system..for it is well known that such small changes usually require sociopolitical earthquakes to bring them about.
7 DRIVERS OF CHANGE IN LEGAL METROLOGY Civil Rights and Globalization Globalization at it s peak in early 1900 s Single, coherent system of measurements existed between metrology authorities However at turn of century states began to establish NMI s Separated from LM bodies Bipolar structure of metrology
8 AN EXAMPLE OF METROLOGY FOUND IN HISTORY Ancient Egypt 8 8
9 EXAMPLE OF METROLOGY - ANCIENT EGYPT Realization of standard unit of length the Cubit length of Pharaoh s forearm plus the width of his palm Primary standard kept by Royal Cubit Master Cut in granite Uniformity of length measurement in Egypt had a relative accuracy of 0.05 % over a distance of 230 m 9
10 EXAMPLE OF LEGAL METROLOGY IN EGYPT Standard unit of length the Cubit Primary standard Cut in granite kept by Royal Cubit Master Measuring instruments Requirements of wooden cubit sticks specified by decree Verified against primary standard Verification Re-verification of wooden cubit sticks on each full moon Sanction Penalty for non-compliance death 10
11 SO THAT BRINGS US TO LEGAL METROLOGY LEGAL METROLOGY IS practice and process of applying statutory and regulatory structure and enforcement to metrology setting up legal requirements, control / conformity assessment of regulated products and regulated activities, supervision of regulated products and of regulated activities, and providing the necessary infrastructure for the traceability of regulated measurements and measuring instruments to SI or national standards In short administrative and technical procedures performed on behalf of Government to ensure control of the credibility of measurements related to trade, health, safety and environment 11
12 INTRODUCTION TO NRCS The NRCS is responsible for legal metrology in South Africa.. 12
13 A REGULATORY BODY IS A SCARY THING 13
14 LEGAL METROLOGY FOUND A HOME The National Regulator for Compulsory Specifications was established on 1 September 2008 to: Protect the health and safety of the public and environment Ensure fair trade Administer and maintain Compulsory Specifications/ Technical Regulations Market surveillance NRCS Act ( Act 5 of 2008) 14
15 NRCS AS REGULATOR Areas of operation Automotive Chemical, Mechanical and Materials Electrotechnical Foods and Associated Industries Legal Metrology Construction 15
16 LEGAL METROLOGY - HISTORY Before 1922 Little is known about this period Johannesburg Municipal Assize Department established in 1902 First to employ qualified personnel Assizing in other parts of country very elementary 1922 to 1961 Desirability of using uniform weight and measures regulations Weights and Measures Act of 1922 Came into force 27 th April 1923 Development of staff, accessibility of services and technical infrastructure were key focus areas 16
17 LEGAL METROLOGY - HISTORY 1961 to 1991 In 1973 the Trade Metrology Act of 1922 was repealed and replaced by a new Trade Metrology Act, Act 77 of 1973 Modern approach Function administered by Trade Metrology Department of the Department of Trade and Industry 15 Regional offices and approximately 230 people 100% coverage 17
18 LEGAL METROLOGY - HISTORY 1991 to 2008 (SABS Period) The Trade Metrology Department was transferred to the SABS on 1 April 1991 Became known as Legal Metrology Department Five regional offices and drastic cut in staff complement Operational emphasis on self-regulation Establishment of Accredited Verification Laboratories Dresser Wayne (SA Master Distributors) 17 August 1993 More than 130 verification laboratories 18
19 LEGAL METROLOGY - HISTORY 2008 to (NRCS Period) 1 September 2008 all regulatory functions were divorced from SABS NRCS was born Three Acts were administrated by the NRCS National Regulator for Compulsory Specification Act Building Regulations and Building Standards Act Trade Metrology Act, (Act 77 of 1973) Legal Metrology unit is responsible for the administration of the then Trade Metrology Act the dti embarked on Legal Metrology review The new Legal Metrology Act was assented to on 19 May 2014 Operation under the Act commenced on 1 August 2014 Regulations published 24 August
20 WITHIN THE TI OF SOUTH AFRICA Policy, legislation and regulation Measurement traceability (scientific metrology incl. industrial) Documentary standards, requirements, methods of test Claims of conformity, verification, calibration, certification Accreditation, peer assessment Approval, Verification, Market surveillance, Sanctions Parliament, Government Departments With input from Business, Labour, Consumer Groups and other standards bodies including Assess, Calibrate, Evaluate, Examine, Verify, Inspect, Test Other Government Regulators Technical outcomes that society can trust, and use in decision making Government, inspections, certification and accreditation bodies and laboratories 20
21 LEGAL METROLOGY Legal Metrology is a unit within the NRCS and is responsible for the implementation of the requirements of the Legal Metrology Act, 2014 (Act 9 of 2014) Primarily dealt with Trade Metrology before 2014 Now also responsible for Legal Metrology in areas of health, safety and the environment 21
22 EXAMLES OF METROLOGY IN TRADE TODAY Sale of pre-packed goods where goods are packed at premises other than the one where the purchase takes place e.g. 1 kg Flour packed by SASCO Mills sold by Pick & Pay 450 ml Beer Packed by SAB sold in bottle store 2 l Milk Packed by Clover sold in café Sale of goods where measuring instruments are used to measure the quantity in the presence of the purchaser e.g. Meat - sold by a butcher by mass using a scale Fuel sold by a gas station by volume using a liquid fuel dispenser 22
23 WHY MOVE TO LEGAL METROLOGY Technological developments Agriculture Protecting resources» Measurement of bulk water in a water scarce country Industrial Changes in marketing of goods» Measurement of data Competing in international markets Transportation Road safety» Speed trapping equipment» Breath analyzers Protecting networks» Overloading 23
24 WHY MOVE TO LEGAL METROLOGY Technological developments Health (Medical) Syringes Blood pressure measuring instruments Baby bottles Radiation protection 24
25 FUNCTIONS OF NRCS UNDER THE LEGAL METROLOGY ACT Administration and maintain LM technical regulations Enforce compliance with LM technical regulations Type approval of measuring instruments Verification of measuring instruments Market surveillance through inspections Ensure access to and maintain equipment required for type approval, verification and market surveillance Ensure calibration services for verification standards Control the repair of measuring instruments Designation of verification laboratories Administration of compliance schemes (e-mark) and control of use of distinctive marks 25
26 FUNDAMENTAL DIFFERENCE BETWEEN CALIBRATION AND VERIFICATION Calibration operation that, under specified conditions, in a first step, establishes a relation between the quantity values with measurement uncertainties provided by measurement standards and corresponding indications with associated measurement uncertainties and, in a second step, uses this information to establish a relation for obtaining a measurement result from an indication Verification conformity assessment procedure (other than type evaluation) which results in the affixing of a verification mark and/or issuing of a verification certificate 26
27 EXAMPLE OF LEGAL METROLOGY IN EGYPT Standard unit of length the Cubit Primary standard Cut in granite kept by Royal Cubit Master Type Approval Requirements of wooden cubit sticks specified by decree Verified against primary standard Verification Re-verification of wooden cubit sticks on each full moon Market surveillance Penalty for non-compliance death Regulated products/ measuring instruments 27
28 EXAMPLE OF INDUSTRIAL METROLOGY IN EGYPT Standard unit of length the Cubit Primary standard Cut in granite kept by Royal Cubit Master Contract review Requirements of wooden cubit sticks specified in contract review or SANAS TR 15 Calibration Calibrated against primary standard Re-calibration of wooden cubit sticks as required by user Market surveillance Penalty for non-compliance death Accredited Laboratory 28
29 WHY TYPE APPROVE MEASURING INSTRUMENTS Deciding if a type of measuring instrument complies with relevant requirements of the technical regulation and is suitable for use for its prescribed purpose in such a way that it is expected to provided reliable measurement results over a defined period of time During the process the following aspects are evaluated: Design and construction Accuracy and repeatability Influence of external factors e.g. environment, mains interference, electrostatic discharge, EMS Endurance Protection against fraudulent use or intentional manipulations Compliant instruments are issued with a type approval certificate valid for all instruments of the same type and model Compliant instruments marked with approval number 29
30 OVERVIEW 30
31 WHY VERIFY MEASURING INSTRUMENTS Procedure of examination that ascertain that the measuring instrument complies with technical regulations and the issuing of a verification certificate and marking with a verification mark that confirms that the measuring instrument complies with technical regulations incl. initial and subsequent verification Market surveillance activities on verified measuring instrument will determine if they: are of an approved type and model comply with requirements of technical regulations and are accurate (within prescribed tolerances/ limits) Provides peace of mind that measuring instruments used to measure a product or service at the time of sale or measurement are accurate 31
32 WHY MARKET SURVEILLANCE ACTIVITIES To monitor and enforce compliance of provisions of the Act and technical regulation Inspect and examine measuring instruments, product or service Seize and retain or suspend the use of measuring instruments, products or service which does not conform Order person to stop offering any measuring instruments or product for sale or service Order person to withdraw a measuring instrument, product or service that does not comply Protect consumers 32
33 LEGAL METROLOGY LIAISONS Participate and represent SA at international and regional levels Co-ordinate, interact and manage international, regional and bilateral interactions with other institutes responsible for LM International OIML Full OIML membership Participate in OIML TC s to develop international harmonised model technical regulations Holds secretariat for OIML TC 6 (Prepackaged products) Regional SADCMEL Secretariat and Regional Co-ordinator Participate in SADCMEL TC s to develop regional harmonised model technical regulations Chair TC 1 (Sale of goods) AFRIMETS Co-secretariat Vice-Chair Legal Metrology 33
34 INTERNATIONAL LIAISON OIML 34
35 REGIONAL LIAISON AFRIMETS/ SADCMEL MAGMET NEWMET SOAMET EAMET CEMACMET SADCMEL/MET 35
36 ECONOMIC BENEFITS Protect life through accurate instruments/ or measurements. Emphasis on fit for intended purpose measuring instruments and products that also ensures health, safety and protection of environment - government objectives. Ensures foreign market access more demands for reliable measurements on exporters. Protect local/ regional market against non-compliant products and services. 36
37 IMPLICATIONS Gimli Glider Correct calculation L = kg fuel already on board kg kg = 16,131 kg additional fuel required kg = L additional fuel required Actual calculation performed L 1.77 = kg kg 13,597 kg = kg kg 1.77 = L 37
38 ACTUAL IMPLICATIONS Treatment of hypertension with inaccurate or unreliable measuring instrument 38
39 ACTUAL IMPLICATIONS Treatment of hypertension with inaccurate or unreliable measuring instrument 39
40 ACTUAL IMPLICATIONS Incorrect radiation doses in cancer treatment can have a critical effect on our health. 40
41 ACTUAL IMPLICATIONS Incorrect radiation doses in cancer treatment can have a critical effect on our health. 41
42 LEGAL METROLOGY THANKS FOR LISTENING 42
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