Non-Tariff Barriers

Non-Tariff Measure

NTM classification

B82: Testing requirement 

Date when the measure came into force

01 February 1988 

Publication where the measure is specified

Act No: CAP. 513 Act Title: WEIGHTS AND MEASURES 

Regulation where the measure is specified

Weights and Measures Act, 1987 

Country/Region applying the measure

Kenya 

Coded list of objectives

X: For purposes n.e.s. 

Description of the measure

30. Approval of pattern of weighing and measuring instruments for trade
(1) Where any pattern of weighing or measuring instrument is submitted by any person to the Director for approval in such manner as the Minister may prescribe the Director shall, on payment by that person of such fee as may be prescribed, cause to be examined in such manner as he thinks fit the suitability for use for trade of instruments of that pattern, having regard in particular to the principle, materials and methods used or proposed to be used in its construction, and if the Director is satisfied that such weighing or measuring instrument is suitable for use for trade then he shall issue a certificate of approval of that pattern and may from time to time thereafter authorise such modifications thereof as he may think fit.
(2) Where a person submits a pattern of a weighing or measuring instrument to the Director under subsection (1) the Director may require the person to deposit with him the weighing or measuring instrument or parts of that pattern or model of such weighing or measuring instrument together with drawings of such weighing or measuring instrument or parts thereof.
(3) A certificate of approval granted under this section may be granted subject to such conditions as the Director may specify in the certificate of approval; and if any person, knowing that such a condition has been imposed with respect to any weighing or measuring instrument, uses or causes or permits any other person to use the same in contravention of that condition he shall be guilty of an offence, and the weighing or measuring instrument shall be liable to be forfeited.
(4) The Director, after consultation with such persons appearing to him to be interested as he thinks fit, may at any time revoke any certificate of authorization granted under this section, and shall cause notice of any such revocation to be published in the Gazette; and if any person knowing that the certificate of authorisation has been revoked, and except as may be permitted by any fresh certificate of authorisation granted in respect thereof, uses for trade or has in his possession or control for such use, or causes or permits any other person so to use, any weighing or measuring instrument of the pattern or incorporating the modification in question, or disposes of any weighing or measuring instrument toany other person in a state in which it could be so used without informing that other person of the revocation, he shall be guilty of an offence and the weighing or measuring instrument shall be liable to be forfeited.
(5) The Director may accept and adopt, with or without modifications, an approval issued by a competent authority in another country, of any pattern of a weighing or measuring instrument.
(6) If any difference arises between an inspector and any other person as to the interpretation of any specification for the construction of prescribed weighing or measuring instruments under this Act, that difference shall, at the request of that other person, be referred to the Director whose decision thereon shall be final. 

Reference of the measure

Part IV para 30 

Measure also domestic

Yes 

Products affected by the measure.

Description

weighing and measuring instruments for trade 

Countries/Regions affected by the measure.

Description

All countries