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Page updated: 05-09-2005

Roadside Stalls

Measurement


This Topic Includes:
Approved measures - metric, net weight & measure, sale by number
Seller's responsibilities
Purchaser to see measurement
Penalties

There are three accepted methods of selling goods by mobile traders and from roadside stalls:

  • by weight or measure, eg. 500 grams of fruit, 1.5 kilograms of fish, 1 metre of fabric, 400 millilitres of home-made tomato sauce
  • by number, eg 3 cucumbers, 7 bananas
  • by description, eg a punnet.

Approved measures

Metric system

When a product is sold by weight or measure, the sale must be made in units of the metric system, eg kilograms, grams, litres, millilitres, etc.

Net weight or measure

When a product is sold by weight or measure, the sale must be made on the basis of NET weight or measure only. That is, only the product is charged for by weight or measure, and not the container or wrapping.

Goods sold or exposed for sale by weight or measure enclosed in a bag must have any statement of the net weight or measure clearly printed on the bag or on a label affixed to the bag. But if, for example, less than nine apples are packed in a clear bag and the number can be easily identified, the bag does not need to be marked.

You are not required to state the net weight on a container of raw fruit or vegetables weighing less than 500 grams.

Qualified statements of weight or measure

The statement of weight or measure must be in a form which can allow the weight or measure of the goods to be accurately verified.

For example, it is not acceptable to qualify the statement by saying, eg 'approximately 3 kgs'.

Number

Where goods are sold by number, the purchaser must receive that number.

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Seller's responsibilities

Traders MUST use weighing or measuring instruments of a type approved by the Measurement and Product Safety Service (MAPSS) when a sale of goods is made using a weighing or measuring instrument.

The instrument MUST also have the mark of verification stamped on it. The mark of verification is a crown or the letters 'AP' followed by a number.

MAPSS strongly recommends you have your equipment tested annually and issued with a Certificate of Accuracy. Testing is undertaken by Accredited Persons operating as private companies.

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Purchaser to see measurement

If goods are sold by weight or measure at the time of the sale, the purchaser must be able to see the goods being weighed or measured.

OR

If the goods are not weighed or measured in the presence of the purchaser (i.e. the goods are pre-packed), you must weigh or measure the goods in their presence if they request this.

Penalties

For giving short weight or measure for pre-packaged goods an infringement offence notice (issued by the Ministry), the fee for which is $500.

For using an incorrect weighing or measuring instrument an infringement offence notice (issued by the Ministry), the fee for which is $500.

Alternatively, a fine up to a maximum of $5,000 on conviction in the District Court.

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