Weights and Measures Act, 1994

Repealed
This Act was repealed on 2018-01-01 by Metrology Act, 2017.
This is the version of this Act as it was when it was repealed.

Zambia

Weights and Measures Act, 1994

Chapter 403

  1. [Repealed by Metrology Act, 2017 (Act 6 of 2017) on 1 January 2018]
[Acts No. 22 of 1994; 13 of 1994]An Act to establish standards of weights and measures based on the metric system; to provide for enforcement of the standards of weights and measures; to repeal the Weights and Measures Act and the Metric Systems Act; and to provide for matters incidental to or connected with the foregoing.

Part I – Preliminary

1. Short title

This Act may be cited as the Weights and Measures Act.

2. Interpretation

(1)In this Act, unless the context otherwise requires—"article" means goods for sale, goods which have been sold or are being carried or delivered for sale;"assize", means to examine, verify or test an instrument in accordance with the provisions of this Act or any regulations made under this Act;"assizer" means a person appointed as an assizer under section eleven;"authorised measure" means unit of weight, length, capacity or volume referred to in section three;"authorised unit of measurement" means a unit of weight, length, capacity or volume by reference to which a trading transaction is authorised by this Act to be conducted;"automatic instruments" means any instrument in which a special self-acting machinery is employed to effect some or all of the following:(a)an automatic feed;(b)the rapid weighing of predetermined quantities;(c)the registration and summation of loads;(d)the measuring and filling of liquids into containers; or(e)a result similar to any of those set out in paragraphs (a) to (d);"calibration" means all the operations which are necessary for the purpose of determining the values of the errors of a weight or measure and, if necessary, to determine the other metrological properties of such weight or measure and includes the actual weight or measure; or in some cases of certain principal mathematics only, in relation to the corresponding volume of the quantity to be measured and also in relation to the use of or weight or measure as a standard;"certificate of competence" means a certificate, issued by the Superintendent Assizer under this Act, declaring that the holder is competent in the repair of instruments;"check weighed" in relation to any vehicle, means weighed with its load by means of the nearest suitable available weighing equipment, and weighed again after it has been loaded by means of the same or other suitable weighing equipment;"Committee" means the Assize Committee established by section thirteen;"constructional use" in relation to any goods, means the use of those goods in construction work in the course of the carrying on of a business;"container" means any form of packaging of goods for sale as a single item, whether by way of wholly or partly enclosing the goods or by attaching the goods to or winding the goods around some other article, and includes a wrapper or confining band;"Derived Unit" means a unit which is derived from the base, or supplementary unit or both;"document" includes—(a)any paper or other material on which there is writing or printing or on which there are marks, figures, symbols or perforations having a meaning for persons qualified so to interpret them;(b)a disc or tape or other article, or any material, from which sounds, images, writings or messages are capable of being reproduced with or without the aid of any other article or device."food for human consumption" includes every article used for food or drink;[Cap. 416][Please note: definitions omitted as in original.]

Part II – Standard weights and measures

3. Units of measurement

(1)The International System of Units shall be authorised measure by reference to which any measurement in trade in Zambia shall be made.
(2)The International System of Units shall consist of—
(a)the base units set out and defined in the First Schedule;
(b)the supplementary units set out and defined in the Second Schedule;
(c)the derived units set out in the Third Schedule; and
(d)any special or permitted units that may be used in conjunction with units mentioned in paragraphs (a) to (c) as adopted by the General Conference and set out in the Fourth Schedule.
(3)The International System of Units prefixes for multiples and sub-multiples of the units referred to in sub-section (2) are those set out and defined in the Fifth Schedule.
(4)Additional Units of measurement that may be used are set out in the Sixth Schedule.
(5)Units of measurements of length, area, volume, capacity, mass, weight, electricity and time are set out in the Seventh Schedule.
(6)The denominations of physical weights and measures that shall be used for the purpose of trade in Zambia are set out in the Eighth Schedule.
(7)The Minister may, by statutory instrument, from time to time amend any Schedule to this Act.

4. National standards

(1)The Minister shall authorise the use of such standards of weights and measures as he considers necessary.
(2)Every standard referred to in subsection (1)—
(a)shall be of a donomination equivalent to—
(i)a weight or measure authorised by this Act; or
(ii)a multiple, aliquot pacer sub-multiple of such a weight or measure;
(b)shall be verified—
(i)in the case of a weight or measure authorised by this section; or
(ii)in the case of a weight or measure authorised by such competent institution as the Minister directs; and
(c)shall be made of such materials and in such manner and placed and kept in such a receptacle as affords it, as far as practicable, protection against mechanical and atmospheric agencies and any likely source of error.
(3)A standard of a litre or capacity measurement may, as the Minister thinks fit, be—
(a)provided either as a separate standard or by means of divisions marked on a standard of a larger measure; and
(b)either marked in whole or in part with sub-divisions representing any smaller units of measurement; or
(c)multiples or sub-multiples of such a unit, or have no such markings.
(4)Where a standard of weight or measure is about to be brought into use in Zambia the Minister shall, by notice published in the Gazette or a newspaper with daily circulation, declare that such standard of weight is about to be brought into use in Zambia and specify therein the date on which that standard or weight shall become operative; and upon publication of the notice, such standard shall become a national standard of weight or measure; and shall, for all purposes, be conclusively deemed to be true and accurate.
(5)Every national standard shall be accompanied by a certificate of calibration.

5. Periodic verification of national standards

(1)The Minister shall at least once in every ten years cause every national standard to be verified, and if necessary to be corrected and and adjusted or renewed.
(2)Where a national standard is sent out of Zambia for verification, the Minister shall cause a corresponding secondary standard to be deposited in such manner as he considers proper, and that secondary standard shall, during such time as the national standard is out of Zambia, be the national standard.

6. Custody of national standards

The national standard shall be kept at a laboratory to be set up by the Zambia Bureau of Standards.

7. Secondary standards

(1)The Superintendent Assizer shall—
(a)cause to be prepared such copies of the national standards as he thinks fit;
(b)provide for the verification of any copies so prepared; and
(c)cause the verified copies to be authenticated as secondary standards.
(2)Every authenticated secondary standard shall, until the contrary is proved, be taken to be as true and accurate as the corresponding national standard.
(3)Once in every two years the Superintendent Assizer shall cause each of the secondary standards referred to in subsection (1) of section seven to—
(a)be compared with the national standards and if necessary to be corrected and adjusted by the Zambia Bureau of Standards or any other competent authority but such verification should be witnessed by two people to be appointed by the Minister;
(b)bear a certificate of corrections signed by the witnesses and such Institution as may be appointed to carry out the verification;
(4)The Superintendent Assizer shall direct that the secondary standard no longer be used as a secondary standard where any deficiency is detected.

8. Working standards

(1)Every Assizer shall be provided with proper and sufficient working standards of weights and measures which shall be used for assizing or re-assizing of weights or measures or instruments in use for purposes of trade.
(2)Once in every twelve months an Assizer shall compare the working standards, which have been in use during the past twelve months, with the secondary standards, and, if necessary make corrections and adjustments before signing a certificate prescribed in Form B of the Schedule.
(3)The Superintendent Assizer may at any time cancel any working standard and direct that it no longer be used.
(4)Judicial notice shall be taken of every working standard and each such standard shall be deemed to be true and accurate until the contrary is proved.

9. Storage of standards

The Superintendent Assizer shall cause to be maintained such equipment for safe storage of, and otherwise for use in connection with, standards.

Part III – Administration

10. The Superintendent Assizer

(1)The Minister shall, on such terms and conditions as the Minister may determine, appoint a public officer to be a Superintendent Assizer.
(2)The Superintendent Assizer shall attend meetings of the Committee and may address such meetings, but shall not vote on any matter:Provided that the person presiding at any meeting of the Committee may, for good cause, require the Superintendent Assizer to withdraw from the meeting.
(3)A person shall not qualify for appointment as Superintendent Assizer unless he holds a diploma or other prescribed qualification in the field of legal metrology.
(4)The Superintendent Assizer shall supervise the assizers in the performance of their duties under this Act.

11. Assizers and other staff

The Minister shall appoint, on such terms and such conditions as he may determine, such assizers and other staff as he considers necessary for the administration of this Act.

12. Duties of assizer

The duties of an assizer shall be to—
(a)carry out verification of weights, measures, and weighing and measuring instruments;
(b)care for, and maintain, any standard equipment which may be entrusted to his care;
(c)keep records and make such reports as the Superintendent Assizer may require;
(d)give effect to the directions of the Superintendent Assizer;and
(e)generally exercise and perform such powers and duties as may be conferred or imposed on him by this or any other law.

13. The Assizes Committee

There is hereby established the Assizes Committee.

14. Composition of Committee

(1)The Committee shall consist of—
(a)a Deputy Permanent Secretary nominated by the Permanent Secretary responsible for Commerce and Industry;
(b)a Deputy Permanent Secretary nominated by the Permanent Secretary in the Ministry responsible for finance;
(c)a Deputy Permanent Secretary nominated by the Permanent Secretary in the Ministry responsible for Science and Technology; and
(d)a person nominated by each of the following:
(i)the oil industry;
(ii)the Law Association of Zambia;
(iii)the Engineering Institution of Zambia;
(iv)the Zambia Bureau of Standards;
(v)the Consumer Protection Association; and
(vi)the National Council for Scientific Research.
(2)A Chairperson and a Vice-Chairperson of the Committee shall be elected by the Committee from amongst its members.
(4)The Thirteenth Schedule has effect in relation to the Committee and its members.[Please note: numbering as in original.]

Part IV – Inspection of weights and measures

15. Certificate in respect of design or pattern of instruments, etc.

(1)Any person may, on payment of the prescribed fee, make a written application to the Superintendent Assizer—
(a)for the issue of a certificate in regard to the suitability for use in trade of any instrument of a design or pattern; and
(b)for the amendment of such certificate if that design or pattern is altered in a manner specified in the application without affecting the principle of the instrument.
(2)If on testing the instrument the Superintendent Assizer is satisfied—
(a)as to the suitability for use in trade of any instrument of a design or pattern he shall issue a certificate to that effect; or
(b)that the alteration of the design or pattern specified in application does not affect—
(i)the suitability of the instrument for use in trade; or
(ii)the principle of the instrument;
he shall amend the certificate accordingly:
Provided that the Superintendent Assizer may, in and by any such certificate, limit the purpose of trade for which any instrument of that design or pattern may be used, or impose conditions upon the use in trade of any such instrument.
(3)If the Superintendent Assizer at any time finds a design or pattern in respect of which a certificate has been issued under this section to have some quality which is likely to render it unsuitable for all or any purpose of trade or to have become obsolete, he may—
(a)cancel the certificate; or
(b)cancel the certificate and, upon the payment of the prescribed fee, issue a fresh certificate in place thereof, specifying the circumstances in which the instrument may be used or impose conditions upon the use of the instrument in trade.
(4)Where proof is tendered that an instrument conforms in all respects with a design or pattern approved by the 'International Organisation for Legal Metrology or by a recognised body on behalf of the European Economic Community, a certificate in terms of subsection (2) may be issued.
(5)Where any design or pattern of instrument was issued in Zambia or approved by a competent authority prior to the date of coming into operation of this Act, a certificate in terms of subsection (2) may be issued, unless there is any feature of the present design or pattern which would render it unsuitable for use in trade.

16. Assize of instruments

An Assizer shall at such times and places as may be fixed and, on payment of the prescribed fee, assize or re-assize every instrument brought to him for the purpose.

17. Re-assize of instruments

(1)At least once in every twelve months an assizer may at any time, by notice in writing, request any person to submit to him at such time and place as the assizer may specify any weight, measure, weighing instrument or measuring instrument which is used or intended to be used for trade:Provided that there shall be an interval of at least fourteen days between the date of publication of the notice and the last day on which the instrument is to be produced.
(2)Subject to the provisions of sub-section (3) any person who fails to comply with a notice referred to in sub-section (1) shall be guilty of an offence and shall be liable, on conviction, to a fine not exceeding five thousand penalty units or to imprisonment for a period not exceeding six months, or to both.
(3)A person on whom a notice has been served under sub-section (1) who has—
(a)an instrument which:
(i)is affixed;
(ii)has a weighing capacity exceeding two hundred and fifty kilograms;
(iii)is of delicate construction; or
(iv)is in the opinion of an assizer liable to damage or derangement if submitted in accordance with subsection (1); or
(b)an instrument which is ordinarily kept at a place which is not within forty kilometres of any place specified in that notice,
shall not be guilty of an offence under this section if upon the publication of the notice he forthwith, in writing, notifies the assizer by whom that notice was published of the particulars of the instrument and the place where it is ordinarily kept and requests that the instrument be assized at that place.
(4)An assized measure or capacity made of clear glass, earthen ware or enamelled metal, or an assized measure of length, need not be re-assized unless—
(a)the assizer has reasonable grounds for believing it has materially altered since it was last assized; or
(b)the stamp of assize has been defaced or become illegible.
[As amended by Act No. 13 of 1994]

18. Verification of instruments

An assizer who on test finds an instrument to be just and in compliance with the provisions of this Act and any regulations made under this Act shall stamp or mark it in the prescribed manner and, if appropriate, seal or lock the instrument to prevent its unauthorised adjustment.

19. Rejection of certain instruments

An Assizer who on test finds an instrument to be false, unjust, defective, or not in compliance with the provisions of this Act or any regulations made under this Act shall—
(a)reject it;
(b)mark it with the prescribed mark; and
(c)issue to the person in charge of the instrument a written statement to the effect that it has been rejected:Provided that the assizer may in his direction—
(i)adjust it;
(ii)return it to the owner for adjustment; or
(iii)retain it with a view to proceedings being taken for its forfeiture.

20. Illegal stamping or sealing

An assizer shall not stamp with the prescribed stamp of assize or seal any instrument—
(a)which is unjust;
(b)which does not comply with the provisions of this Act or any regulations made under this Act;
(c)which is not of the denomination of a weight or measure specified in Eighth Schedule; or
(d)without testing it by comparison with the appropriate working standards.

Part V – Trade measurements

21. Contracts to be made by reference to authorised units

(1)Every contract, bargain, sale or dealing made or had after the commencement of this Act whereby any work, thing, ware, merchandise or other thing is or are to be, sold, delivered, carried, measured, computed, paid for or agreed for by weight or measure, shall be made or had according to one of the relevant units of measurement specified in the First, Second, Third, Fourth, Sixth, Seventh and Eighth Schedules to this Act or to some multiple thereof.
(2)A person who contravenes or fails to comply with this section shall be guilty of an offence and shall be liable on conviction to a fine not exceeding five thousand penalty units or to imprisonment for a term not exceeding six months or to both.[As amended by Act No. 13 of 1994]

22. Exceptions

Nothing in this Part shall apply to the sale of food for human consumption on or at the premises of the seller:Provided that the Superintendent Assizer may, by order, vary the quantity of goods to be sold and the price specified in paragraph (b) of this section.

23. Provision and operation of calibrated instrument

(1)Where a person has in his possession any goods for sale or delivery, or any goods in respect of which any representation of weight or measure is made for the purposes of sale or any other trade purpose, he shall—
(a)provide an assized instrument capable of weighing or measuring such article; and
(b)keep and operate the same in such a place and manner so that the weighing or measuring and the weight indicated or measure determined, as the case may be, are clearly visible to the purchaser at all times.
(2)In any case where an automatic instrument is used in the packing for sale of articles not exceeding fifty kilograms in weight or twenty-five litres in capacity, the person responsible for that packing shall cause to be kept and used near the automatic instrument such assized instrument as would enable the verification of the correct operation of the automatic instrument.

24. Price lists, etc.

(1)Subject to the provisions of sub-section (2), a person shall not print, publish, make or circulate, or cause to be printed, published, made or circulated, any price list, catalogue or document containing a statement of current prices of articles for sale by weight or measure in which measures of the weight, length or capacity of these articles are expressed otherwise than by reference to an authorised measure or denote or imply a greater or lesser measure or weight, length or capacity than is denoted or implied by an authorised measure.
(2)This section shall not apply to any price list, catalogue or document emanating from outside Zambia which—
(a)clearly shows that reference to measures of weight, length or capacity contained therein are not applicable to Zambia; or
(b)bears a statement showing the accurate equivalent by reference to an authorised measure, of any measure contained in that price list, catalogue or documents.

Part VI – Offences and penalties

25. Prohibition of use of unapproved pattern of instrument

Any person who either, directly or indirectly, uses an approved pattern of any instrument for trade shall be guilty of an offence and shall be liable, on conviction, to a fine not exceeding five thousand penalty units or to imprisonment for a term not exceeding six months, or to both.

26. Forgery of stamps on instruments

(1)Any person who, in the case of any instrument used or intended to be used for trade—
(a)not being an assizer or a person acting under the instructions of an assizer, marks in any manner any plug or seal used or designed for use for the reception of a stamp;
(b)forges, counterfeits or, except as permitted by or under this Act, in any way alters or defaces any stamp;
(c)removes any stamp and inserts it into any other such instrument; or
(d)makes any alteration in the instrument after it has been stamped so as to make it false or unjust;
shall be guilty of an offence and shall be liable, on conviction, to a fine not exceeding ten thousand penalty units or to imprisonment for a term not exceeding twelve months, or to both.
(2)Paragraphs (a) and (b) of subsection (1) shall not apply to the destruction or obliteration of any stamp, plug or seal in the course of adjustment or repair of an instrument by a person holding a certificate of competence.
(3)Any person who uses for trade, sells or exposes or offers for sale any instrument which to his knowledge—
(a)bears a stamp which is a forgery or counterfeit, or which has been altered or defaced otherwise than as permitted under this Act; or
(b)is false or unjust as a result of an alteration made in the instrument after it has been stamped;
shall be guilty of an offence and shall be liable, on conviction, to a fine not exceeding ten thousand penalty units or to imprisonment for a term not exceeding twelve months, or to both.[As amended by Act No. 13 of 1994]

27. Prohibition of use of certain instruments, etc.

(1)Any person who uses or has in his possession for use in trade any instrument—
(a)the use of which for such trade is not authorized by this Act;
(b)the use of which for such trade is in contravention of the provisions of this Act or any regulations made under this Act; or
(c)which is false or not correct, or which is not stamped with the prescribed stamp or seal of assize;
shall be guilty of an offence and shall be liable on conviction, to a fine not exceeding five thousand penalty units or to imprisonment for a period not exceeding six months, or to both.[As amended by Act No. 13 of 1994]

28. Lawful use of certain unassized instruments

(1)Any person who has in his possession or charge for use in trade any unassized instrument shall, without undue delay—
(a)cause such instrument to be assized or re-assized; or
(b)obtain a written authority for the use in trade of such instrument from an assizer in terms of subsection (2).
(2)An assizer may, upon receipt of—
(a)the prescribed fee; and
(b)a written statement by the holder of a certificate of competence that an assized instrument is correct and assizeable,
issue a written authority to any person to use that instrument in trade during such period, and subject to such conditions, if any, as the assizer may therein specify.
(3)A person who uses in trade or has in his possession or charge for use in trade an unassized instrument—
(a)in respect of which there is in force an authority issued under subsection (2); and
(b)in accordance with the conditions, if any, specified in that authority,
shall not be liable to criminal proceedings under this Part in respect of such use or possession of that instrument.

29. Use of false or unadjusted instruments

Any person who uses or has in his possession for use in trade, or hires out, permits or condones the use in trade of any instrument which is false or unjust shall be guilty of an offence and shall be liable, on conviction to a fine not exceeding five thousand penalty units or to imprisonment for a term not exceeding six months, or to both.[As amended by Act No. 13 of 1994]

30. Sale of unstamped instruments

(1)A person who sells, exposes for sale or has in his possession for sale any instrument which does not bear a current valid stamp or seal of assize shall be guilty of an offence and shall be liable on conviction liable to a fine not exceeding five thousand penalty units or to imprisonment for a term of six months, or to both:Provided that this section shall not apply to an instrument which when made was not intended or designed for use for trade and which was permanently and clearly marked on a conspicuous part thereon with the words "NOT FOR TRADE USE".[As amended by Act No. 13 of 1994]

31. Fraud in use of instruments

Where fraud is committed in the use of an instrument, the persons committing the fraud shall be liable to a fine not exceeding ten thousand penalty units or to twelve months imprisonment or both.[As amended by Act No. 13 of 1994]

32. False statements as to weight, measure, etc.

(1)Any person who, directly or indirectly—
(a)makes a false or incorrect declaration or statement as to the weight, length, width, gauge, area, capacity, volume or number of any article in connection with its purchase, sale, weighing or measuring;
(b)sells or causes to be sold anything by weight or measure short of the quantity demanded by the purchaser or represented by the sellers;
(c)sells or causes to be sold any article required to be sold in prescribed quantity, measure or number, in a lesser quantity, measure or number; or
(d)sells or causes to be sold any article in relation to which a unit price is quoted at a price otherwise than in accordance with such unit price.
shall be guilty of an offence and liable to a fine not exceeding ten thousand penalty units or to imprisonment for twelve months or to both.[As amended by Act No. 13 of 1994]

33. Sale by unauthorised denominations

Any person who sells or exposes for sale any goods in a denomination of weight or measure other than the denominations of weight or measure authorised under this Act shall be guilty of an offence.

34. Offences due to default of third party

(1)A person (in this section called "the original defendant") against whom proceedings are brought for an offence under this Act shall, upon information laid down by him and on giving the prosecution not less than three clear days notice of his intention to avail himself of the provisions of this subsection, be entitled to have brought before the court in those proceedings any other person to whose act or default he alleges the commission of the offence was due; and if after the offence has been proved, the original defendant proves that—
(a)the Commission of the offence was due to an act or default of that other person; and
(b)he exercised all due diligence to avoid the commission of the offence by him or any other person under this control;
the original defendant shall be acquitted of the offence.

35. General penalty

(1)A person who contravenes the provisions of this Act or regulations made under this Act for which no specific penalty is provided shall be liable, on conviction—
(a)in the case of a first offence; to a fine not exceeding five thousand penalty units or to imprisonment for a period of six months, or both; and
(b)in the case of a second or subsequent offence, to a fine not exceeding ten thousand penalty units or to imprisonment for a period not exceeding twelve months, or to both.
(2)Where a person is convicted of any offence against this Act and the Court by which he is convicted is of the opinion that such offence was committed with intent to defraud, such a person shall be liable in addition to or in lieu of any penalty to imprisonment for a term not exceeding three years.[As amended by Act No. 13 of 1994]

36. Offences by bodies corporate

If a body corporate is convicted of any offence under this Act or any regulations made under this Act, every person—
(a)who is a director of the corporation; or
(b)who is concerned in the management of the corporation;
shall be deemed to have committed the same offence if he knowingly authorised or permitted the act or omission constituting the offence.

Part VII – Miscellaneous

37. Power of inspection and entry

(1)An assizer may at all reasonable times—
(a)enter into place, vehicle, aircraft or ship where he has reasonable cause to believe there is an instrument which is used in trade and may inspect any such instrument and cause it to be compared with appropriate standards;
(b)seize and detain any instrument or part of any instrument which he has reasonable cause to believe is used contrary to the provisions of this Act; and
(c)close, lock or otherwise seal any instrument which he finds to be used contrary to the provisions of this Act until such time as it can be repaired or adjusted and re-assized or the conditions imposed by the assizer are met.
(2)An assizer may at all reasonable times—
(a)enter any place, vehicle, aircraft or ship in or from which he has reasonable cause to believe any articles are sold or kept for delivery and may inspect and weight or measure any article found therein;
(b)order any person carrying or delivering any article apparently in the course of trade to stop, and may inspect, weigh or measure any such article;
(c)for the purpose of paragraph (a) or (b), use any assized instrument at the place or vehicle where the article is inspected;
(d)order the seller of any article to produce for inspection and, if he thinks it necessary, seize and detain, any invoice, delivery note or other record kept by the seller relating to the weighing or measuring of the article;
(e)seize and detain any article in respect of which he has reasonable cause to believe that an offence has been committed under this Act; and
(f)order any person mentioned in paragraph (b) or in charge of any place or vehicle mentioned in paragraph (a) to—
(i)provide labour for the handling and weighing or measurement, in terms of this section, of any article;
(ii)give the name and address of his employer, if any.
(3)Where a person has any goods in his possession for sale or delivery he shall, if required by an assizer for the purposes of subsection (v), break open or permit the assizer to break open any wrapper or container in which the goods are packed.
(4)Any person who fails to comply with any order or requirement under this section shall be guilty of an offence and liable to a fine not exceeding five thousand penalty units or six months imprisonment or both.[As amended by Act No. 13 of 1994]

38. Certificate of competence

(1)A person shall not make, manufacture, repair or sell, or offer, expose or possess for repair or sale, any instrument unless he holds a valid licence issued by the Superintendent Assizer authorising such person to do so.
(2)Every licence issued under this section—
(a)shall be—
(i)in such form;
(ii)issued on payment of such fees; and
(iii)valid for one year, as may be prescribed by regulation;
(b)may be renewed; and
(c)may contain such conditions and restrictions as may be determined by the Superintendent Assizer and specified in the licence.

39. Burden of proof

(1)In any proceedings under this Act in which it is necessary, in order to establish the charge against a person, to prove that a notice or any other means under this Act (1), in respect of any instrument, has been complied with to such instrument, shall be presumed unless the contrary is proved, at all relevant times to have used in trade by that person in the area to which the notice in question relates.
(2)Where any goods are found on any premises, or in any vehicles, used by any person for trade, the goods shall, unless the contrary is proved, be deemed for the purpose of this Act to be on or in the premises or vehicle for sale.

40. Recovery of fees

The Attorney-General may by action in a court recover the amount of a fee payable in terms of this Act.

41. Evidence of possession

Where any instrument is found—
(a)in the possession of a person carrying on trade; or
(b)on premises used for trade by any person whether or not such premises are a building or in the open air, and whether or not such premises are open or enclosed;
that person shall be deemed for the purposes of this Act to have such instrument in his possession for use for the purpose of trade.

42. Judicial notice

A document purporting to be signed by an assizer and certifying that a weighing or measuring instrument specified therein was inspected or examined and compared with the standard by him on a specified date, and stating the finding of his examination or inspection, shall be received in any court on production by any person, as prima facie evidence of the facts therein stated.

43. Forfeiture

Where a person has been convicted of an offence under this Act, the court may, if it thinks fit, either in addition to or without inflicting any other penalty, order that any instrument, stamp or other article in respect or by means of which the offence was committed be forfeited to the Republic.

44. Regulations

The Minister may by statutory instrument make regulations prescribing all matters which by this Act are required or permitted to be prescribed or which are necessary or expedient to the proper carrying out of the purposes of this Act.

First Schedule

Base unit of SI

The Base Units of the SI are defined as follows
Physical quantityName of unitUnit symbolDefinition
1. LengthmetremThe metre is the length of the path travelled by light in vacuum during a time interval of 1/299 792 458 of a second
2. MassKilogramkgThe kilogram is the unit of mass; it is equal to the mass of the international prototype of the kilogram.Note: This international proto-type is made of platinum, iridium and is kept at the International Bureau of Weights and Measures, Scures, Paris, France.
3. TimeSecondSThe second is the duration of 9192631770 periods of the radiation corresponding to the transition between the two hyperfine levels of ground state of the caesium-133 atom.
4. ElectricalampereAThe ampere is that constant current which, if maintained in two straight parallel conductors of infinite length, of negligible circular cross-section, and placed one metre apart in vacuum, would produce between these conductors a force equal to 2 x 10 newton per metre.
5. Thermo-dynamic temperatureKelvinkThe Kelvin, unit of thermodynamic temperature, is the fraction 1/273.16 of the thermodynamic temperture of the triple point of water.
6.  LuminositycandelacdThe candela is the luminous intensity, in a given direction, of a source that emits monochromatic radiation of frequency 540 x 1012 hertz and that has a radiant intensity in that direction is 1/683 watt per steradian.
7. AmountMolemolThe mole is the amount of substance of substance of a system which contains as many elementary entities as there are atoms in 0.012 kilogram of carbon 12.Note: When the mole is used, the elementary entities must be specified and these may be atoms, molecules, ions, electrons, other particles or specified groups or such particles.

Second Schedule

Supplementary units of SI

The supplementary units of the SI are defined as follows—
Physical quantityName of unitUnit symbolDefinition
1. PlaneradianradThe radian is the plane angle between two radii of a circle which cut off on the circumference an arc equal in lengthz to the radius.
2. SolidsteradiansrThe steradian is the solid angle which, having its vertex in the centre of sphere equal to that of a square with sides of length equal to the radius of the sphere.

Third Schedule

(1) Derived units of SI

A derived unit means a unit derived only from the base units set out and defined in the First Schedule or the Supplementary Units set out and defined in the Second Schedule or both by the process of multiplication or division or both without the introduction of any co-efficients. The derived units of SI are defined as follows—
QuantityNazmeSymbol
AreaSquare metrem2
VolumeCubic metrem3
Speed Velocitymetre per secondm/s
Accelerationmetre per second squaredm/s2
Wave number1 per metrem-1
Density, mass densitykilogram per cubic metrekg/m3
Specific volumecubic metre per kilogramm3/kg
Current densityampere per square metreA/m2
Magnetic field strengthampere per metreA/m
Concentration (of amount of substance)mole per cubic metremol/m3
Luminancecandela per square metrecd/m2

(2) SI derived units with special names

Quantity of UnitsNameSymbolExpression in terms of other SI UnitsExpression in terms of SI base
FrequencyhertzHz S-1
ForcenewtorN m kg S-2
Pressure    
StresspascalpaN/m2m-1 kg S-2
Energy work quantity of heatDoubleJNmm2 kg S-2
Power, radiant, fluxwattWJ/Sm2 kg S3
Electric charge quantity of electricitycoulombC SA
Electric potential difference, electro­motive forceVoltVW/Am2 kg S-3 A-1
CapacitancefaradFC/Vm2 kg s-1 S4A2
Electric resistanceohm V/Am2 kg s-3 A-2
Electric    
ConductancesiemesSA/Vm-2 kg-1 s3 A2
Magnetic fluxweberWbV/sm2 kg s-2 A-1
Magnetic fluxteslaTWb/m2kg s-2 A-1
InductancehenryHWb/Am2 kg s-2 A-2
Celsius temperaturedegreedegreeC K
Luminous fluxlumenlm cd sr(b)
Illuminanceluxlxlm/m2m-2 cd sr (b)
Activity (of a radio­ nuclide)becquerelBq s-1
Absorbed dose, specific energygreyGyJ/kgm2 s-2
Imparted, kerma absorbed dose index dose equivalent indexsievertSvJ/kgM2 S-2

(3) SI derived units expressed by means of special names

QuantityNameSymbolExpression in terms of SI base units
Dynamic viscositypascal secondpasm-1 kg s-1
Moment of forcenewton metreNmm-2 kg s-2
Surface tensionnewton per metreNmkg s-2
Heat flux density, irradiancewatt per square metreW/m2kg s-3
Heat capacity, entropyjoule per kelvinJ/Km2 kg s-2 K-1
Specific head capacity, specific entropyjoule per kilogram kelvinJ/(kg K)m2 s-2 K-1
Specific energyjoule per kilogramJ/kgm2 s-2
Thermal conductivitywatt per metrekelvinW/(mK)m kg s-3 K-1
Energy densityjoule per cubic metreJ/m3m-1 kg s-2
Electric field strengthvolt per metreV/mm kg s-3 A-1
Electric charge densitycoulomb per cubic metreC/m3m-3 s A
Electric flux densitycoulomb per metre squareC/mm-2 s A
Permittivityfarad per metreF/mm-3 kg-1 s4 A2
Permeabilityhenry per metreH/mm kg s-2 A-2
Molar energyjoule per moleJ/molm2 kg s-2 mol-1
Molar entropy, molar heatjoule per mole kelvinJ/(mol K)m2kg s-2 K-1 mol-1
Exposure (X and Y rays)kilogramC/kgkg-1 sA
Absorbed dosegray per secondGy/sm2 s-3

(4) SI derived units formed by using supplementary units

QuantityNameSymbol
Angular velocityradian per secondrad/s
Angular accelerationradian per second squaredrad/s2
Radiant densitywatt per steradianW/sr
Radiancewatt per square metre 
ElectricsteradianW m-2 sr-1

(5) SI units temporary accepted

NameSymbolApproximate Value
AngstromAo1A degree = 1010m
Barnb1b = 10-28m
Curieci1ci = 3.7 x 10-10s-1 (exactly)
GalGal1Gal = 10-10m s-2
Metric CaratCM1CM = 2 x 10-4 kg
Radrd1rd = 10-2J kg-1
RoentgenR1R = 2.58 x 10-4C kg-1
Quintalq1q = 100 kg
Standard atmosphereatm1 atm = 101 325 pa
Area1 a = 1 dam2 = 102 m2
Hectareha1 ha = 1hm2 = 104 m2
Nautical mile 1 nautical mile = 1852m
Knot 1 knot = 1 nautical mile per hour

Fourth Schedule

Units, used with international system, whose values are obtained experimentally

NameSymbolApproximate value
Electron volteV1.602 19 x 10-19J
Unifical atomic massu1.660 57 x 10-27 kg
Astronomical unitAU1AU = 149 597 870 x 106m
Parsecpc1 pc = 206 265 AU = 30857 x 1012m

Fifth Schedule

SI prefixes for multiples and sub-multiples

FactorPrefixSymbol
1018cxaE
1015petaP
FactorPrefixSymbol
1012teraT
109gigaG
106megaM
103kilok
102hectoh
101decada
10-1decid
10-2centic
10-3millim
10-6microm
10-9nanon
10-12picop
10-15femtof
10-18attoa
*Not applicable to the base unit "kilogram" but applicable to the thousandth submultiple thereof, namely the "gram"

Sixth Schedule

These are internationally agreed units which are deviations from strict SI. They are permitted either because of their practical importance or because of their use in specialised scientific fields. The Units may be used together with SI units and their multiples and submultiples.The names of the permitted units, the physical quantities they represent, their symbols and definitions are listed hereunder:-
Physical quantityName of UnitSymbolDefinition
1. TimeMinutemin1 min = 60s
Hourh1h = 60 min
Daydy1d = 24h
Weekwk1 wk = 7d
Calendar yearyr1 yr = 365 dys or 366 (leap yr)
2. Plane angleDegree01 degree = (II/180) radian
minute'1 minute = (1/60) degree
second"1 inch = (1/60) minute
3. Volume or capacitylitre111 = 1 dm3
4. Masstonnet1t = 1000 kg
5. Pressurebar 1bar = 100, 000 pa
Standard atmosphereatm 1 atm = 101325 pa
6. Areaarea1 are = 100m2
hectareha1hectare = 10000 m2
7. Temperaturedegree celsiusºC1 degree C = 273 K
8. Marine and aerialnautical mile 1 nautical mile = 1852m
9. Aerial Navigation KnotKnot 1 Knot = 1 nautical mile per hour

Seventh Schedule

Part I – Measurement of length

Kilometre1000 metres
Metreas defined in the First Schedule
Decimetre1/10 metre
Centimetre1/100 metre
Millimetre1/1000 metre

Part II – Measurement of area

Hectare100 are
Decare10 are
Are100 square metres
Square metrea superficial area equal to that of a square each side of which measures one metre

Part III – Measurement of volume

Cubic metreA volume equal to that of a cube each edge of which measures one metre
Cubic decimetre1/1000 cubic metre
Cubic centimetre1/1,000,000 cubic metre

Part IV – Measurement of capacity

LitreThe capacity equal to that of a cube each edge of which measures one decimetre
Decilitre1/10 litre
Centilitre1/100 litre
Millilitre1/1000 litre

Part V – Measurement of mass or weight

Metric ton or tonne1000 kilogram
Quintal100 kilogram
KilogramUnit of mass as defined in the First Schedule
Hectogram1/10 kilogram
Gram -1/1000 kilogram
Carat (metric)1/5 gram
Milligram1/1000 gram

Part VI – Measurement of electricity

The following units of measurements, that is to say—
(a)The Ampere (as the unit of measurement of electrical current);
(b)The Ohm (as the unit of measurement of electrical resistence);
(c)The Volt (as the unit of measurement of electrical potential); and
(d)The Watt (as the unit of measurement of electrical power):
shall have the meanings from time to time respectively assigned by order by the Minister, being the meaning appearing to the Minister to reproduce in English the international definition of the Ampere, Ohm, Volt or Watt as the case may be, in force at the date of making of the order.
1 kilowatt1 000 Watts
1 megawatt1 000 000 watts

Part VII

Hour60 minutes
Minute60 seconds
Secondas defined in the First Schedule

Eight Schedule

Physical weights and measures lawful for use for trade

1.Capacity measures of:
10 litres5 litres2.5 litres
2 litres1 litre500 millilitres
250 millilitres100 litres50 millitres
25 millitres20 millilitres10 millilitres
5 millilitres1 millilitre 
2.Weights of:
20 kilograms10 kilograms5 kilograms
2 kilograms1 kilogram500 grams
200 grams100 grams50 grams
20 grams10 grams5 grams
2 grams1 gram500 milligrams
200 milligrams100 milligrams50 milligrams
20 milligrams10 milligrams5 milligrams
2 milligrams1 milligram 
3. Metric carat weights of:
 500 carats200 carats100 carats
50 carats20 carats10 carats
5 carats2 carats1 carat
0.5 carat0.2 carat0.1 carat
0.05 carat0.02 carat0.01 carat
0.005 carat  
4. Linear measures of:
 50 metres30 metres20 metres
10 metres5 metres3 metres
2 metres1.5 metres1 metre
0.5 metre0.1 metre0.01 metre
5. Square measures of, or any multiple of, 1 square decimetre
6 Cubic measures of, or any multiple of, 0.1 cubic metre

Ninth Schedule

Form A - Form of certificate of verification of secondary standards

We hereby certify that the several secondary standards_______________________________________________________________________________________________________have been this day, duly compared in our presence and found to agree with the national standard.____________________________________________________Wardens of the secondary standards.____________________________________________________Dated this ____________ day of __________________ 19 __________

Form B - Certificate of examination of working standards

I hereby certify that the several working standards at Weights and Measures office viz________________________________________________________________________________________________________have been this day duly compared by me and found to agree with the secondary standardsDated this ____________ day of __________________ 19 _________________________________Assizer of Weights and Measures

Tenth Schedule

The manner in which certain goods shall be sold:

Part I – By weight

1.Aerosol products.
2.All food stuffs, other than those specified elsewhere in this Schedule.
3.Animal and pet food.
4.Cement.
5.Cleaning and scouring powder, soap flakes, soap powder, detergents (other than liquid detergents and exceeding 5 litres).
6.Dentifrices.
7.Liquid petroleum gas.
8.Lubricant greases.
9.Nails.
10.Sisal.
11.Solid fertilisers, agricultural material and agricultural salt.
12.Solid fuel.
13.Solid insecticides and solid fungicides.
14.Solid polishes and dressings analogous to solid polishes.
15.Tobacco (including snuff).
16.Cotton.

Part II – By weight or number

1.Cassava root.
2.Cigars.
3.Cigarettes.
4.Eggs in shell.
5.Fresh fruits.
6.Maize on the cob.
7.Stationery and envelopes.
8.Sweetening tablets and soft drink tablets.

Part III – By capacity measure

1.Castor oil.
2.Cream (not exceeding 1 litre).
3.Edible oil (not exceeding 1 litre).
4.Intoxicating drinks.
5.Liquid fuel excluding liquid petroleum gas; lubricating oil (not exceeding 20 litres); any mixture of liquid fuel and lubricating oil.
6.Liquid fungicides and liquid insecticides.
7.Liquid polishes and liquid dressings analogous to polishes.
8.Liquid soap; liquid detergents (not exceeding 5 litres).
9.Milk (not exceeding 5 litres).
10.Perfumes and toilet waters.
11.Soft drinks and mineral waters.
12.Squashes and fruit juices.
13.Thinners.
14.Vinegar.
15.Shoe polish.

Part IV – By weight or capacity measure

1.Charcoal.
2.Distemper.
3.Lubricating oil (exceeding 20 litres).
4.Maize grain.
5.Milk (exceeding 5 litres).
6.Paint, varnish lacquer and paint remover.
7.Sand and ballast.
8.Stainers.
9.Toilet preparations.

Part IV – By weight or linear measure

1.Bias binding.
2.Elastic.
3.Fencing wire.
4.Knitting and sewing thread.
5.Ribbon.
6.Rope.
7.Sisal twine.
8.String.
9.Tape.
10.Fabrics.

Eleventh Schedule

Quantities in which certain goods shall be pre-packed

  (a)Quantity when packed in rigid containers of glass, plastic or metal(b)Quantity when packed in containers other than rigid containers of glass, plastic or metal
1.Bacon and sausage100g, 200g, 250g, 300g 400g, 500g, 1kg, there­after by steps of 1kg.100g, 200g, 250g, 300g 400g, 500g, 1kg there­after by steps of 1kg.
2.Barley-100g, 200g, 250g, 300g 400g, 500g, 1kg, there­after by steps of 1kg.
3.Beans, peas250g, 500g, 1kg, there­after by steps of 1kg up to 10kg.250g, 500g, 1kg, there­after by steps of 1kg up to 10kg.
4.Beer250ml, 300ml, 375ml,400ml, 500ml, 600ml, 750ml.-
5.Biscuits50g, 100g, 150g, 200g, 300g, 400g, 500g, 1kg, thereafter by steps of 500g.50g, 100g, 150g, 200g 300g, 400g, 500g, 1kg, thereafter by steps of 500g.
6.Butter100g, 200g, 250g, 300g, 400g, 500g, 1kg, there­after by steps of 1kg.250g, 500g, 1kg
7.Cashew nuts (in shell)-80kg
8.Cassava flour-500g, 1kg, 2kg, 4kg, 5kg, 60kg.
9.Castor oil100ml, then by multi­ples of 100ml to 1 litre thereafter by steps of 1 litre.100ml, then by steps of 100ml to 1 litre.
10.Castor seed-65kg
11.Cement-50kg
12.Coffee, tea (other than tea in chests), cocoa powder, chicory mixture50g, 100g, 250g, 500g, 1kg, thereafter by steps of 1kg.50g, 100g, 250g, 500g, 1kg, thereafter by steps of 1kg.
13.Cooking fat including dripping, lard and shredded suet.100g, 250g, 500g, 1kg, thereafter by steps of 1kg.100g, 250g, 500g, 1kg, thereafter by steps of 1kg.
14.Custard powder50g, 100g, 250g, 500g, 1kg, thereafter by steps of 1kg.50g, 100g, 250, 500g, 1kg, thereafter by steps of 1kg.
15.Charcoal-30kg.
16.Cream (not exceeding 1 litre)100ml, 200ml, 300ml, 400ml, 500ml, 1 litre100ml, 200ml, 300ml, 400ml, 500ml, 1 litre.
17.Edible oil100ml, thereafter by steps of 100ml up to 1 litre; 2 litres, 2.5 litres; 3 litres, thereafter by steps of 1 litre.100ml, thereafter by steps of 100ml to 1 litre.
18.Flour of oats, rice, beans,100g, 250g, 500g, 1kg, thereafter by steps100g, 250g, 500g, 1kg, thereafter by steps

Twelfth Schedule

Goods requiring statement of weight or measure

Description of goods

1.Paint (excluding paint packed in tubes, jars or boxes commonly sold as artists or children's paints).
2.Varnish.
3.Distemper.
4.Thinner.
5.Enamel paint.
6.Lacquer.
7.Strainer.
8.Sewing, knitting and embroidery cotton.
9.Bacon and sausages.
10.Barley.
11.Beans, gram peas.
12.Beer.
13.Biscuits.
14.Butter.
15.Cashew nuts (in shell).
16.Cassava.
17.Castor oil.
18.Castor seed.
19.Cement.
20.Coffee, tea (other than tea in chests) cocoa powder, chicory mixture.
21.Cooking fat including dripping lard and shredded suet.
22.Custard powder.
23.Charcoal.
24.Edible oil.
25.Cream (not exceeding 1 litre).
26.Flour of oats, rice, beans, rye, soya beans, self-raising flour.
27.Ghee.
28.Jam, marmalade, honey, jelly.
29.Liquid fuel.
30.Liquid fungicides and liquid insecticides.
31.Liquid soap, liquid detergent (not exceeding 5 litres).
32.Liquid polish.
33.Lubricating oil excluding grease (not exceeding 20 litres).
34.
(a)Maize flour.
(b)Maize grain.
(c)Maize bran.
35.Margarine and mixture of butter and margarine.
36.Milk (not exceeding 5 litres) excluding evaporated unsweetened milk and sweetened condensed milk.
37.Milk powder including milk food and milk food substitutes for feeding infants.
38.Millet, groundnuts and sorghum.
39.Molasses, treacle and syrup.
40.Rich bran.
41.Rice.
42.Salt.
43.Rice paddy.
44.Soft drinks and mineral waters.
45.Soap.
46.Solid polish (other than shoe polish).
47.Shoe polish.
48.Squashes and fruit juices.
49.Spices.
50.Sweets (sugar confectionery).
51.Stout.
52.Sunflower seed.
53.Sugar.
54.Wheat bran.
55.Toilet paper.

Thirteenth Schedule (Section 14)

The Assizers Committee

1. Tenure office a vacancy

(1)A member of the Committee referred to in paragraph (d) of subsection (1) of section fourteen shall hold office for a period of three years from the date of his appointment and may be reappointed for one further term of three years.
(2)A member referred to in paragraphs (d) of subsection (1) of section fourteen may resign upon giving one month's notice in writing to the organisation which nominated him and to the Minister.
(3)The office of a member of the Committee shall become vacant—
(a)upon death;
(b)if he is absent without reasonable excuse from three consecutive meetings of the Board of which he has had due notice;
(c)on ceasing to be a representative of the organisation which nominated him;
(d)if he is an undischarged bankrupt; or
(e)if he contravenes section fifteen then revert to section twelve.

2. Functions of Committee

(1)The functions of the Committee shall be to do all such things as are necessary for the administration of this Act.
(2)Without derogation from the generality of subsection (1) the Committee may—
(a)undertake checks and testing of instruments used for trade;
(b)establish a laboratory and other facilities for carrying out its objectives;
(c)make arrangements for the custody and maintenance of physical standards at various levels of accuracy;
(d)provide for the assizing in a prescribed manner of all instruments used in trade and if found correct stamp such instruments with the official stamp;
(e)control the sale of articles by quantity, weight or measure so that packaged goods are identified by quantity, weight or measure;
(f)control both transportation and sale of petroleum products from ZIMOIL to various distribution points throughout Zambia by calibration of loading and aircraft refuelling motors and tankers carrying fuel;
(g)approve new patterns of weighing and measuring instruments imported into Zambia so as to prevent importation of sub-standard instruments for use in trade;
(h)examine mechanics for a certificate of competence to repair instruments, to ensure that high standards of repair of instruments are maintained;
(i)encourage or undertake educational seminars and workshops for the public and the industrial community in connection with instruments having application to trade;
(j)formulate, and recommend to the Government for its approval, a comprehensive weights and measures policy.

3. Proceed Committee

(1)Subject to the provisions of this Act, the Committee may regulate its own procedure.

4. Remuneration of the members

Members of the Committee may be paid such remuneration as the Committee may determine.

5. Disclose interest

(1)If a member is present at a meeting of the Committee at which any matter is the subject of consideration and in which matter the member or his spouse is directly or indirectly interested in a private capacity, he shall, as soon as practicable after the commencement of the meeting, disclose the interest and shall not, unless the Committee otherwise directs, take part in any consideration or discussion of, or vote on, any question touching the matter.
(2)A disclosure of interest made under this section shall be recorded in the minutes of the meeting at which it is made.

6. Restrict member Committee from bi selling readjust weights measure

No member of the Committee shall be employed in or derive any profit from making or adjusting of weights, measures, weighing instruments or measuring instruments and in any such adjustment charge any fee for his services while he holds office.

7. Funds Committee

The Committee shall be funded by such amounts as may be appropriated by Parliament.
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History of this document

01 January 2018
Repealed by Metrology Act, 2017
01 January 2014 amendment not yet applied
31 December 1996 this version
Consolidation
01 February 1995

Subsidiary legislation

Title Numbered title
Weights and Measures (Assize Fees) (Amendment) Regulations, 2008 Statutory Instrument 34 of 2008
Weights and Measures (Assize Fees) Regulations, 1996 Statutory Instrument 1 of 1996