11th October, 2021

OBJECTS AND REASONS

This Bill would

give effect to the Convention du Metre and related decisions and agreements;

establish the International System of Units as the primary system of measurement in Barbados;

clearly define the legal structure for the administration of metrology within Barbados in order to be in compliance with international standards, and to support the development of industry, improve competitiveness and ensure sustainable development;

ensure that all measurements within Barbados are regulated to ensure compliance with the International System of Units in order to achieve transparency and fairness in the domestic market, and the protection of human life and health;

repeal the Weights and Measures Act, Cap. 331; and

provide for related matters.

(a)

(b)

(c)

(d)

(e)

(f)

Explanatory Memorandum after page 78

Arrangement of Sections

PART I

PRELIMINARY

Short title

Interpretation

PART II

ADMINISTRATION

Barbados National Standards Institution

National Metrology Institute

National Legal Metrology Authority

National Metrology Committee

Functions of the Director

Directions of the Minister

PART III

LEGAL METROLOGY INSPECTORS

Functions of the Chief Inspector

1.

2.

3.

4.

5.

6.

7.

8.

9.

2

Functions of an inspector

Powers of inspectors

Duty of non-disclosure

Obstruction of inspectors

Impersonation of inspectors

PART IV

LEGAL UNITS OF MEASUREMENT

Legal units of measurement

Measurement standards

National Measurement Standard

National Reference Standard

Working Standard

Temporary National Measurement Standard

Use of uncalibrated working standard

Limits of error

Determination of the accuracy of measuring instruments

Use of units of measurement

Expression of numerals for trade and other uses

10.

11.

12.

13.

14.

15.

16.

17.

18.

19.

20.

21.

22.

23.

24.

25.

3

Offence of false measurement in the business

PART V

LEGAL METROLOGY CONTROLS

Measuring instruments

Evidence of possession

Verification of measuring instruments

Affixing verification marks

Effect of verification

Type approval of measuring instruments

Licence for measurement standards or measuring instruments

Register of manufacturers

Sale by net quantity

Obligation to measure

Pre-packaged goods

Certification of servicemen

PART VI

OFFENCES AND PROCEEDINGS

Prosecutions

26.

27.

28.

29.

30.

31.

32.

33.

34.

35.

36.

37.

38.

39.

4

Forgery

Sale and use of unverified measuring instruments

Tampering with marks and measuring instruments

Removal of or tampering with tags, seals and devices

Damage of standards and measuring instruments

Evidence of facts

General penalty provision

Defences

Disposal of seized articles

Regulations

Act binds the Crown

Amendment of Schedules

Savings

Transitional provision

Repeal of Cap. 331

40.

41.

42.

43.

44.

45.

46.

47.

48.

49.

50.

51.

52.

53.

54.

5

FIRST SCHEDULE

The Base Units and Derived Units

SECOND SCHEDULE

Non - SI Units of Practical Importance

THIRD SCHEDULE

The SI Prefixes for multiples and sub-multiples of base, supplementary and derived units of measurement

FOURTH SCHEDULE

Conversion Factors

FIFTH SCHEDULE

Fees For Verification Work And For Registration Of Servicemen

6

BARBADOS

A Bill entitled

An Act to make provision for matters related to metrology and to

give effect to the Convention du Metre and related decisions and agreements;

establish the International System of Units as the primary system of measurement to be used in Barbados in both commercial and domestic affairs;

(a)

(b)

clearly define the legal structure for the administration of metrology within Barbados in order to be in compliance with international standards, and to support the development of industry, improve competitiveness and ensure sustainable development;

ensure that all measurements within Barbados are regulated to achieve competitiveness and fairness in the commercial and domestic affairs to ensure the protection of human life and health; and

repeal the Weights and Measures Act, Cap. 331.

ENACTED by the Parliament of Barbados as follows:

PART I

PRELIMINARY

Short title

This Act may be cited as the Barbados Metrology Act, 2021.

Interpretation

In this Act,

“accuracy” means the closeness of the agreement between the measured quantity value and a true quantity value of a measurand which shall be within the appropriate limits required by this Act or normative standards, as the case may be;

“adjustment” means the set of operations carried out on a measuring instrument or measurement standard so that it provides prescribed indications which correspond to given values of a quantity to be measured;

“Barbados National Standards Institution” means the company incorporated under the Companies Act, Cap. 308 and charged with the duty of enforcing and administering the Standards Act, Cap. 326A;

(c)

(d)

(e)

1.

2.

8

“buyer” means a person who makes a purchase for himself or for another person and a person who buys as the agent of another person;

“calibration” means an operation under specified conditions, which

at first establishes a relation between the quantity values with measurement uncertainties provided by measurement standards and corresponding indications with associated measurement uncertainties; and

then secondly uses the information referred to in paragraph (a) to establish a relation for obtaining a measurement result from an indication;

“Caribbean Community” or “CARICOM” means the countries or territories which are party to the Revised Treaty of Chaguaramas establishing the Caribbean Community, including the CARICOM Single Market and Economy, that was signed in The Bahamas on 5th July, 2001;

“Chief Inspector” means the Director of the Department of Commerce and Consumer Affairs;

“container” means any form of packaging in which goods are exposed, packed, offered for sale or sold such as a bag, case, carton, bottle, glass, box, can, envelope, net, sack or wrapper, whether or not such packaging fully encloses the contents;

Convention du Metre” means the Treaty which was

signed in Paris, France on the 20th day of May, 1875; and

established the International Bureau of Weights and Measures; and

assented to by the Caribbean Community, of which Barbados is a member, on the 10th day of October, 2005;

“designated appropriate standard” means an international standard or regional standard approved for the purposes of section 23 by the National Legal Metrology Authority;

(a)

(b)

(a)

(b)

(c)

9

“Director” means the Director of the Department of Commerce and Consumer Affairs, a public office established under the Public Service Act, Cap. 29;

“former Act” means the Weights and Measures Act, Cap. 331;

“General Conference of Weights and Measures” means the Conference Generale des Poids et Mesures established under the Convention du Metre and serviced by the International Bureau of Weights and Measures;

“industrial metrology” means the subfield of metrology concerned with the application of measurement science to manufacturing and other processes used in society to ensure the suitability of measurement instruments, their calibration and the quality control of measurements;

“initial verification” means verification of a measuring instrument which has not been verified previously;

“in-service verification” means verification of a measuring instrument after an initial verification and includes

mandatory periodic verification;

verification after repair; or

voluntary verification;

“inspector” means a trading standard inspector, a public office established under he Public Service Act, Cap. 29 , and includes the Chief Inspector or any public officer assigned to do so by the Director by an instrument in writing;

“International Bureau of Weights and Measures” means the Bureau International des Poids et Mesures, established under the Convention du Metre;

“International System of Units” or “SI” means

the system of units, based on the International System of Quantities and their names and symbols;

the prefixes associated with the system of units and their names and symbols; and

(a)

(b)

(c)

(a)

(b)

10

the rules for the use of the system of units and prefixes

defined and adopted by the General Conference of Weights and Measures;

“International Organisation of Legal Metrology” means the international body established by a treaty signed in Paris on the 12th day of October, 1955 to promote the global harmonization of legal metrology procedures that underpin and facilitate international trade;

“International Organisation of Legal Metrology Certification System” means the certification system established by the International Organisation of Legal Metrology to promote the global harmonization, uniform interpretation and implementation of legal metrological requirements for measuring instruments or modules;

“legal metrology” means the subfield of metrology concerned with the regulatory requirements of measurements and measuring instruments for the protection of health, public safety, the environment, enabling taxation, protection of consumers and fair trade;

“measurand” means a quantity intended to be measured, the measurement of which gives a measured quantity value;

“measuring instrument” means a device used for making measurement, alone or in conjunction with one or more supplementary devices;

“measured quantity value” means a quantity value representing a measured result;

“measurement standard” means the realization of the definition of a given quantity, with stated quantity value and associated measurement uncertainty, used as a reference;

“measurement uncertainty” means the non-negative parameter characterizing the dispersion of quantity values being attributed to a measurand, based on the information used;

(c)

11

“metrological traceability” means the property of a measurement result whereby the result can be related to a reference through a documented unbroken chain of calibrations, each contributing to the measurement uncertainty;

“metrology” means the science of measurement and its application, inclusive of the theoretical and practical aspects of the measurement uncertainty and field of application;

“national identification card” means the identification card issued in accordance with the Barbados Identity Management Act, 2021 (Act 2021-3)or section 25 of the Representation of the People Act, Cap. 12, as the case may be;

“National Legal Metrology Authority” or “Authority” means the body designated as such by section 5;

“National Measurement Standard” means the measurement standard with the smallest measurement uncertainty in Barbados authorised by the Barbados National Standards Institution as the standard to serve as the basis for assigning quantity values to other measurement standards for the kind of quantity concerned;

“National Metrology Committee” means the committee composed by combining the National Metrology Institute and National Legal Metrology Authority for the purposes of section 6 or otherwise;

“National Metrology Institute” or “Institute” means the body designated as such by section 4;

“National Reference Standard” means the measurement standard designated by the Barbados National Standards Institution for the calibration of other measurement standards for quantities of a given kind;

“net quantity” means the quantity of a commodity excluding the container and any materials, substances, or items not considered to be part of the commodity;

“premises” includes any place, building, area of land, stall, vehicle, ship or aircraft;

12

“pre-packaged good” means a good which is placed in a container of any kind, in the absence of the purchaser, where the quantity of the good contained in the packaged has a pre-determined value and cannot be altered without the container being opened or undergoing a modification;

“primary reference measurement procedure” means a reference measurement procedure used to obtain a measurement result without relation to a measurement standard for a quantity of the same kind;

“primary standard” means a measurement standard established using a primary reference measurement procedure, or created as an artifact, chosen by convention;

“public officer” or “officer” means the holder of any office of emolument in the public service and includes a person appointed to act in such an office;

“quantity” means the property of a phenomenon, body or substance, where the property has a magnitude that can be expressed as a number and a reference;

“rejection certificate” means a certificate issued with respect to a measuring instrument certifying that the measuring instrument does not comply with the statutory requirements of this Act and is not suitable for the intended use;

“rejection mark” means a mark applied to a measuring instrument in a conspicuous manner in order

to indicate that the measuring instrument does not comply with the statutory requirements of this Act; and

to obliterate the previously applied verification mark;

“scientific metrology” means the subfield of metrology concerned with the establishment of measurement units, unit systems, the development of new measurement methods, the realization of measurement standards and the transfer of traceability from these standards to users in society;

(a)

(b)

13

“seal” or “sealing mark” means a device or mark intended to protect the measuring instrument against any unauthorised modification, readjustment, removal of parts, and such other related interventions;

“Service Commission” has the meaning assigned to it by section 2 of the Public Service Act, Cap. 29;

“trade” means the selling, purchasing, exchanging, leasing, rendering, consigning or providing of any goods, land, facility, service or work on the basis of measurement and includes the collecting of tolls, duties and taxes on the basis of measurement and the business of providing facilities for measuring by means of a prescribed measuring instrument;

“trader” means any person who carries on trade in the course of business;

“true value of quantity” means the correct value of any quantity or formula which is considered in practice to be unknown;

“type approval” means a decision of the Department of Commerce and Consumer Affairs, based on an evaluation report, that the type of a measuring instrument complies with the relevant statutory requirements;

“verification” means a conformity assessment procedure, other than type evaluation, which results in the affixing of a verification mark or issuing of a verification certificate;

“verification certificate” means a certificate issued with respect to a measuring instrument certifying that the verification of the measuring instrument was carried out with satisfactory results;

“verification mark” means a mark applied to a measuring instrument certifying that the verification of the measuring instrument was carried out with satisfactory results;

“Working Standard” means a measurement standard established by the Barbados National Standards Institution to calibrate or verify measuring instruments or measuring systems.

14

PART II

ADMINISTRATION

Barbados National Standards Institution

The Barbados National Standards Institution, subject to this Act, shall be responsible for

ensuring that all measurement standards to be used in Barbados are in compliance with the Convention du Metre and such other required international standards established by the General Conference of Weights and Measures;

ensuring that all measurement standards and measuring instruments used in Barbados are metrologically traceable to the International System of Units, and are being used in a manner permitted by this Act; and

matters relating to scientific metrology and industrial metrology.

The functions of the Barbados National Standards Institution are to

advise the Minister on all matters related to metrology and the subfields of metrology;

assist and advise the Minster in order to strengthen the national metrology infrastructure of Barbados;

represent Barbados at technical committees, conferences, meetings and activities held by international and regional metrology organisations, where required to do so by the Minister;

advise the Minister of the standards required for Barbados, where required, and recommend that Barbados procure, issue or create National Measurement Standards, National Reference Standards and Working Standards;

3.(1)

(a)

(b)

(c)

(2)

(a)

(b)

(c)

(d)

15

participate in inter-laboratory comparisons approved by the International Bureau of Weights and Measures in order to demonstrate the calibration and measurement capability of the Barbados National Standards Institution;

provide suitable transfer standards to transmit the value of the quantities from the National Measurement Standard to the Working Standards used by inspectors; and

provide programmes, workshops, and other forms of training to develop the technical competence of metrologists to ensure that Barbados has suitably trained metrologists to service the local industry.

National Metrology Institute

The Barbados National Standards Institution is hereby designated as the National Metrology Institute of Barbados.

The functions of the National Metrology Institute are to

ensure the reliability of all measurements used in Barbados;

ensure that these measurements conform with the International System of Units;

develop new measurement technologies in order to establish the national measurement system required for ensuring the accuracy of measurements used in Barbados;

enhance existing measurement technologies in order to maintain the national measurement system required for ensuring the accuracy of measurements used in Barbados; and

perform such functions as the Minister may require for the purposes of the Act.

The National Metrology Institute shall meet at least once each month and at such other times as may be necessary or expedient for the purposes of this Act.

(e)

(f)

(g)

4.(1)

(2)

(a)

(b)

(c)

(d)

(e)

(3)

16

The National Metrology Institute may

invite a person to attend a meeting of the National Metrology Institute where such a person has information required by the National Metrology Institute; or

engage a person having special or technical knowledge to assist in carrying out its functions.

Where the National Metrology Institute acts under subsection (4)(b), the Minister may pay to that person such remuneration and allowances, as the Minister determines.

National Legal Metrology Authority

The Department of Commerce and Consumer Affairs is hereby designated as the National Legal Metrology Authority.

The functions of the National Legal Metrology Authority are to

ensure the awareness and protection of the public in commercial, educational, health and other related fields as it relates to legal metrology;

ensure the proper implementation of legal metrology in Barbados;

issue an identification card to an inspector, and that identification card shall show a photograph of the inspector, give the full name of the inspector, give the national identification card number of the inspector and supply information for a person to contact the Authority;

approve a designated appropriate standard for use in Barbados; and

perform such functions as the Minister may require for the purposes of the Act.

The National Legal Metrology Authority shall meet at least once each month and at such other times as may be necessary or expedient for the purposes of this Act .

(4)

(a)

(b)

(5)

5.(1)

(2)

(a)

(b)

(c)

(d)

(e)

(3)

17

The National Legal Metrology Authority may

invite a person to attend a meeting of the National Legal Metrology Authority where such a person has information required by the National Legal Metrology Authority; or

engage a person having special or technical knowledge to assist in carrying out its functions.

Where the National Legal Metrology Authority acts under subsection (4) (b), the Minister may pay to that person such remuneration and allowances, as the Minister determines.

National Metrology Committee

The Minister may direct that a meeting of the National Metrology Committee be held at such times as may be necessary or expedient in order

to implement or facilitate the purposes of this Act;

to address matters that may arise from the implementation of the Act; or

to address matters relating to metrology generally.

Notwithstanding subsection (1), the National Metrology Committee shall meet at least once each month.

The National Metrology Committee may

invite a person to attend a meeting of the National Metrology Committee where such a person has information required by the National Metrology Committee; or

engage a person having special or technical knowledge to assist in carrying out its functions.

Where the National Metrology Committee acts under subsection (4)(b), the Minister may pay to that person such remuneration and allowances, as the Minister determines.

(4)

(a)

(b)

(5)

6.(1)

(a)

(b)

(c)

(2)

(3)

(a)

(b)

(4)

18

Functions of the Director

The Director shall have responsibility for all matters relating to legal metrology.

The functions of the Director are to

develop, in consultation with the Barbados National Standards Institution the legal metrology policy of Barbados;

implement and monitor the legal metrology policy of Barbados;

facilitate, where required by the Minster to do so, the cooperation of Barbados with the international and regional metrology community in order to strengthen the national metrology infrastructure of Barbados;

advise the Minister on matters relating to the decisions or recommendations of international and regional metrology agreements, and advise on the implementation of such decisions or recommendations, where required to do so by the Minister;

represent Barbados at technical committees, conferences, meetings and activities held by international and regional legal metrology organisations, where required to do so by the Minister;

ensure that all measurement standards and measuring instruments used in Barbados pursuant to this Act are metrologically traceable to the International System of Units;

implement and monitor the aspects of legal metrology specified in this Act;

verify all regulated measuring instruments to ensure compliance with the limits of error and all other requirements specified in this Act;

develop the technical competence of inspectors;

maintain the metrological traceability of the measurement standards and measuring instruments in its custody;

7.(1)

(2)

(a)

(b)

(c)

(d)

(e)

(f)

(g)

(h)

(i)

(j)

19

develop and implement a system of type approval of measuring instruments;

evaluate and when satisfied, recognise the equivalence of type approval certificates issued by a qualified issuing authorities approved by the Minister; and

build public awareness in Barbados of the meaning, relevance and importance of metrology.

Directions of the Minister

The Minister may, as it appears to the Minister to be necessary in the public interest give directions of a general nature on matters relating to this Act to be followed by the National Metrology Institute, the National Legal Metrology Authority, the Chief Inspector and any other persons appointed to discharge functions under or in relation to this Act.

PART III

LEGAL METROLOGY INSPECTORS

Functions of the Chief Inspector

The functions of the Chief Inspector are to

be responsible for enforcing all matters relating to legal metrology;

supervise inspectors in the discharge of their functions;

deliver to each inspector such Working Standards, measuring instruments, equipment and such other resources or materials as are necessary for the inspector to discharge his functions; and

perform such functions as the Minister may require for the purposes this Act.

(k)

(l)

(m)

8.

9.

(a)

(b)

(c)

(d)

20

Functions of an inspector

Every inspector shall

inspect or examine measuring instruments to determine whether those measuring instruments are in compliance with this Act;

inspect articles or goods to determine whether those articles are in compliance with this Act;

keep a record in the form required by the Chief Inspector and enter such particulars as may be required by the Chief Inspector relating to the performance of his functions under this Act and, at such times as may be required, provide such records to the Chief Inspector for examination;

show the identification card provided by the Department of Commerce and Consumer Affairs, identifying him as an inspector, where required to do so;

furnish the owner or person in charge of any premises with a written receipt before removing any measuring instrument or article from the premises;

account for and pay over to the Department of Commerce and Consumer Affairs all fees taken under this Act;

protect the secrecy of information acquired in the exercise of his functions as an inspector and continue to protect such secrecy after the termination of employment;

make such returns and furnish such information to the Chief Inspector as he requires; and

carry out any directions given by the Chief Inspector.

10.

(a)

(b)

(c)

(d)

(e)

(f)

(g)

(h)

(i)

21

Powers of inspectors

An inspector has the power to

enter the premises of any trader or any other place where trade occurs

in which he has reasonable cause to believe there are measuring instruments that are or are to be used in connection with trade or any documents in relation thereto;

in which he has reasonable cause to believe there are measuring instruments for which limits of error are subject to the provisions this Act;

in which he has reasonable cause to believe there are goods that are subject to the provisions of this Act; or

in order to require the production of any good, or to open, examine and measure any good in any container or otherwise for the purposes of this Act;

require the production of a measuring instrument by a person for an examination to determine the accuracy of that measuring instrument;

seize and detain a measuring instrument or goods where he reasonably believes this Act has been contravened;

affix a verification mark or issue a verification certificate to any measuring instrument that is found not to be within the appropriate limits of error and any other requirements established in accordance with this Act;

obliterate or remove, in the circumstances and manner prescribed, the verification mark on a measuring instrument and cancel the verification certificate issued in respect thereof;

11.(1)

(a)

(i)

(ii)

(iii)

(iv)

(b)

(c)

(d)

(e)

22

affix a rejection mark or issue a rejection certificate to any measuring instrument that is found not to be within the appropriate limits of error and any other requirements that are specified in this Act;

attach a mark or label bearing the words "not for use in trade" to a measuring instrument where the use of that measuring instrument has been prohibited;

affix a seal to a measuring instrument to prevent unauthorised modification, readjustment or removal of parts;

require the production of, and examine and measure any goods which are subject to this Act, and for the purpose of such measurement, open any container; or

purchase, with public funds allocated for that purpose, any goods which, being subject to this Act are offered for sale or exposed or advertised in such a manner as to constitute an invitation to treat;

The powers of an inspector under this section shall in no case include the power to

detain any measuring instrument that is found to comply with the appropriate limits of error and any other requirements that are stated in this Act; and

purchase goods at a price other than that marked or advertised.

An inspector who enters any premises in the exercise of his powers under subsection (l) may take with him such other public officers or persons authorised by the Chief Inspector, and take such equipment as may be reasonable in the circumstances.

Any measuring instrument or goods seized by an inspector pursuant to subsection (1), may be kept or stored in the building or place where seized or may be removed to any other appropriate place by or at the direction of the inspector who, in the case of goods seized, shall take all reasonable steps to ensure

(f)

(g)

(h)

(i)

(j)

(2)

(a)

(b)

(3)

(4)

23

that such goods are not altered in quality or quantity before the conclusion of any proceedings arising out of seizure.

Duty of non-disclosure

An inspector who in the exercise of his functions or powers under this Act obtains information with regard to any manufacturing process or trade secret and who, otherwise than in the performance of his functions or powers, communicates such information to any person is guilty of an offence.

Obstruction of inspectors

A person who obstructs or hinders an inspector from exercising any of his functions or powers under this Act is guilty of an offence.

A person who, following a lawful request by an inspector under this Act, fails to produce any measuring instrument, good, book, document, or record which the inspector is entitled to examine is guilty of an offence.

Impersonation of inspectors

A person who, not being an inspector, acts or purports to act as an inspector, is guilty of an offence.

PART IV

LEGAL UNITS OF MEASUREMENT

Legal units of measurement

The International System of Units shall be the primary system of measurement in Barbados and all units of measurement set by the Barbados National Standards Institution shall be determined on the basis of the International System of Units.

12.

13.(1)

(2)

14.

15.(1)

24

The legal units of measurement in Barbados shall consist of the International System of Units specified in the First Schedule and the Non-SI Units specified in the Second Schedule.

For the purposes of this Act, the multiples and submultiples of the units of measurement referred to in subsection (2) are determined by the application of the prefixes set out and defined in the Third Schedule.

The units of measurement shall be converted in accordance with the Fourth Schedule.

Measurement standards

The Barbados National Standards Institution shall advise the Minister of

the National Measurement Standards;

the National Reference Standards; and

the Working Standards

which are required to facilitate the realization and dissemination of the International System of Units in Barbados.

The Minister shall procure such measurement standards, including the required facilities, equipment, measuring instruments and reference materials, as are necessary to facilitate the implementation and dissemination of the International System of Units.

The Barbados National Standards Institution shall ensure that every measurement standard owned by the Barbados National Standards Institution is maintained, calibrated and stored in such a way as to ensure that each measurement standard conforms to the appropriate class and measurement uncertainty requirements.

(2)

(3)

(4)

16.(1)

(a)

(b)

(c)

(2)

(3)

25

Every

National Measurement Standard established and maintained in pursuance of section 17;

National Reference Standard established and maintained in pursuance of section 18; or

Working Standard established and maintained in pursuance of section 19

shall, until the contrary is proved, be deemed to be accurate, and judicial notice shall be taken of every standard so established and maintained.

Every standard shall be calibrated by a standard that either

has a smaller measurement uncertainty than the uncertainty required for the standard being calibrated; or

is of a higher accuracy class than the standard being calibrated.

A current calibration certificate shall be maintained for every measurement standard or set of measurement standards owned by the Barbados National Standards Institution and the Department of Commerce and Consumer Affairs.

The Chief Inspector shall ensure that every measurement standard in the care and custody of the Department of Commerce and Consumer Affairs is maintained, calibrated and stored in such a way as to ensure it conforms to the appropriate class and measurement uncertainty requirements.

National Measurement Standard

The National Measurement Standard shall be recalibrated at such appropriate intervals, not exceeding 10 years, as may be required to maintain the metrological traceability of that standard.

(4)

(a)

(b)

(c)

(5)

(a)

(b)

(6)

(7)

17.(1)

26

The National Measurement Standard shall be calibrated by the Barbados National Standards Institution and thereafter recalibrated by

comparison with an equivalent primary standard owned by a National Metrology Institute or Designated Institute of a State which is a party to the Convention du Metre with calibration and measurement capabilities published on the International Bureau of Weights and Measures key comparison database for the required quantity and measurement uncertainty;

a National Metrology Institute or Designated Institute of a State which is party to the Convention du Metre with calibration and measurement capabilities published on the International Bureau of Weights and Measures key comparison database for the required quantity and measurement uncertainty; or

a calibration laboratory accredited by a signatory to the International Laboratory Accreditation Cooperation Mutual Recognition Agreement to perform calibrations for the required quantity and measurement uncertainty.

The National Measurement Standard and copies thereof shall be kept in the custody of the Barbados National Standards Institution.

National Reference Standard

A National Reference Standard shall be recalibrated at such appropriate intervals, not exceeding 5 years, as may be required to maintain the metrological traceability of that standard .

A National Reference Standard shall be calibrated and thereafter recalibrated by a National Measurement Standard or other National Reference Standard with a smaller measurement uncertainty than the National Reference Standard being calibrated.

(2)

(a)

(b)

(c)

(3)

18.(1)

(2)

27

The National Reference Standard and copies thereof shall be kept in the custody of the Barbados National Standards Institution, and copies thereof may be issued to the Minister and the Chief Inspector.

Working Standard

The Working Standard and any related measuring instrument shall be calibrated by the Barbados National Standards Institution.

The Working Standard and any related measuring instrument shall be calibrated annually against the National Measurement Standard, National Reference Standard or another Working Standard with a smaller measurement uncertainty than the Working Standard being calibrated.

Working Standards and testing equipment shall be of a material and form approved by the Barbados National Standards Institution.

The Barbados National Standards Institution and the Department of Commerce and Consumer Affairs may hold such Working Standards as are necessary for its officers to effectively carry out their functions.

Temporary National Measurement Standard

The Minister may, in the absence of a National Measurement Standard, declare a National Reference Standard as the Temporary National Measurement Standard.

A Temporary National Measurement Standard may only be used for the purposes of this Act if it has been calibrated in accordance with the methods required by this Act and shall be used until the National Measurement Standard has been replaced.

Use of uncalibrated working standard

No inspector shall use a Working Standard or any measuring instrument in the course of performing his functions or exercising his powers

(3)

19.(1)

(2)

(3)

(4)

20.(1)

(2)

21.(1)

28

unless that Working Standard or measuring instrument has been calibrated in accordance with this Act.

No inspector shall use any Working Standard for the purposes of verifying any measuring instrument at any time after the expiry of a period of one year from the date on which the standard was last calibrated.

Limits of error

No person shall use a measuring instrument which gives an inaccurate measurement which is outside the appropriate limits of error that are permitted by this Act or a standard produced hereunder.

A person who contravenes subsection (1) is guilty of an offence and is liable on summary conviction to a fine of $5 000, and in the case of a subsequent offence, to a fine of $15 000.

Determination of the accuracy of measuring instruments

Where a person, for any legal purpose requires a determination as to the accuracy or the degree deviation of a measuring instrument, and it is necessary to ascertain the accuracy of a measuring instrument or the deviation from the appropriate limits of error, this may be ascertained by means of, by reference to, by comparison with or by derivation from any of the following standards:

the National Measurement Standard established in accordance with section 17;

the National Reference Standard established in accordance with section 18;

the Working Standard established in accordance with section 19;

the Temporary National Reference Standard established in accordance with section 20; or

a designated appropriate standard.

(2)

22.(1)

(2)

23.(1)

(a)

(b)

(c)

(d)

(e)

29

Where for the purposes of subsection (1)(e), the National Legal Metrology Authority has to make a determination, it shall make that determination in consultation with the National Metrology Institute.

Use of units of measurement

The Minister may by order declare that certain units of measurement and not others shall be used in connection with specified classes of any one or more of the following:

undertakings;

trades;

goods;

services; or

measuring instruments.

A person who

in connection with commerce or a trade, uses or provides for use a unit of measurement other than one of the units of measurement specified and defined in the Schedules; or

uses or provides for use, a unit of measurement contrary to the order made under subsection (1)

is guilty of an offence.

Every contract, bargain or sale made or had in Barbados whereby any work, article, good, merchandise or other thing is to be done, sold, hired, delivered, carried, measured, computed, paid for or agreed to by a unit of measurement, shall be made and had according to any of the legal units of measurement specified in accordance with this Act.

All fees and duties whatsoever charged or collected in Barbados shall be based on the legal units of measurement specified in accordance with this Act.

(2)

24.(1)

(a)

(b)

(c)

(d)

(e)

(2)

(a)

(b)

(3)

(4)

30

All packaging, labels and stickers affixed or attached to or associated with any article or good intended or offered for sale within Barbados shall indicate measurements in the legal units of measurement specified in accordance with this Act.

A person who contravenes subsection (3), (4) or (5) is guilty of an offence and is liable on summary conviction to a fine of $7 500 and in the case of a subsequent offence, to a fine of $15 000.

Expression of numerals for trade and other uses

In circumstances where, it is lawful to use a unit of measurement or number in connection with a trade, the numerical representation of that unit of measurement or number shall be the Arabic system of numerals, which may be expressed either in figures or English words representing those figures, unless that use is expressly prohibited.

The unit of the metric carat included in the Fourth Schedule shall be used only in connection with trade in precious stones and pearls, and no other unit of measurement of weight shall be used in connection with such trade.

The unit of the troy ounce included in the Second Schedule shall be used only in connection with trade in gold, silver or other precious metals including gold or silver thread, lace or fringe, and no unit of measurement other than the troy ounce or the gramme shall be used in connection with such trade.

The unit of the barrel included in the Second Schedule shall be used only in connection with trade in petroleum.

Offence of false measurement in the business

A person who, in the course of the business of

selling goods by quantity or number, sells any goods the quantity of which, subject to the prescribed limits of error, is less than the quantity contracted to be sold or less than the quantity or number corresponding with the price paid or to be paid;

(5)

(6)

25.(1)

(2)

(3)

(4)

26.

(a)

31

selling goods by quantity or number

agrees to sell;

has in his possession for sale; or

exposes or advertises in such a manner as to constitute an invitation to treat

any goods of a quantity, subject to the prescribed limits of error, less than the quantity or number declared, purported or implied;

rendering a service or providing the use of a facility on the basis of a measurement, renders that service or provides that facility on the basis of a lesser measurement than the measurement on which the underlying contract is based, or less than that corresponding with the price paid or to be paid;

carrying, removing, repairing, handling, cleaning, cropping or otherwise processing any goods, land or building on the basis of a quantity expressed in units of measurement

makes a misrepresentation; or

commits any other act calculated to mislead any person, as to the quantity of the goods, land or building purported to be carried, removed, repaired, handled, cleaned, cropped or otherwise processed

purchasing any good by quantity, and providing the measuring instrument for the purchase, causes the seller to deliver a greater quantity than

is purported to be purchased; or

corresponds to the purchase price

is guilty of an offence and is liable on summary conviction to a fine of $7 500 and in the case of a subsequent offence, to a fine of $15 000.

(b)

(i)

(ii)

(iii)

(c)

(d)

(i)

(ii)

(e)

(i)

(ii)

32

PART V

LEGAL METROLOGY CONTROLS

Measuring instruments

All measuring instruments for use in trade and for the purposes specified in subsection (2) shall be subject to:

type approval as specified in section 32;

initial verification in accordance with the Act;

in-service verification in accordance with any requirements prescribed in the regulations; and

verification after alteration, repair, adjustment or modification.

The purposes referred to in subsection (1), include the use of measuring instruments in

the betting and gaming industry;

fiscal control and revenue collection;

utility metering;

the field of public health;

environmental protection and control;

public safety;

the postal services;

the petroleum sector;

the rum and spirits industry; and

any other trade or field specified in the regulations.

27.(1)

(a)

(b)

(c)

(d)

(2)

(a)

(b)

(c)

(d)

(e)

(f)

(g)

(h)

(i)

(j)

33

All measuring instruments used for trade and the purposes specified in subsection (2) shall bear the relevant units of measurement required by this Act.

No person shall use or possess for the purposes of trade any measuring instrument unless the relevant unit of measurement is

indelibly marked on the top or side of the measuring instrument in legible figures and letters; and

marked to indicate the maximum quantity that the measuring instrument is designed to measure.

A person who contravenes subsection (4) is guilty of an offence.

Subsection (4) does not apply where the small size of the measuring instrument renders the marking impracticable, but the information specified in that subsection shall be available in supplementary documentation such as user manuals or calibration certificates.

Where a person is charged with an offence under subsection (4) it shall be a defence to prove that the mark properly applied on a measuring instrument has become defaced through fair wear and tear.

A person who uses, or has in his possession for use, a measuring instrument for the purpose of giving indications, results, readings or information in, or based on a unit of measurement other than a unit of measurement required for that trade by this Act;

contrary to an order made under section 24;

which does not bear a verification mark affixed or a verification certificate issued by an inspector;

which is inaccurate or incorrect; or

which, since its last verification, has been altered or adjusted in a manner that the measuring device cannot be re-verified,

is guilty of an offence.

(3)

(4)

(a)

(b)

(5)

(6)

(7)

(8)

(a)

(b)

(c)

(d)

34

A person who sells, agrees to sell, offers for sale or exposes or advertises in such a manner as to constitute an invitation to treat, any measuring instrument for use in connection with trade which is inaccurate, false or fraudulent or which is not in conformity this Act, is guilty of an offence.

Evidence of possession

Where a measuring instrument or good, subject to the provisions of this Act is found

in the possession of any person carrying on trade; or

at any place or on any premises which are used in connection with a trade,

that person or, as the case may be, the occupier of those premises or of that place shall be deemed for the purposes of this Act, unless the contrary is proved, to have that measuring instrument or good in his possession for use in connection with that trade.

Verification of measuring instruments

A person who uses a measuring instrument in the course of trade, business or in other circumstances where members of the public must interface with or use the measuring instrument for a fee or be assessed by the measuring instrument, who uses a measuring instrument that has not been verified by an inspector is guilty of an offence.

A person who wishes to use a measuring instrument in connection with trade or for the purposes of carrying on a trade shall request the verification of that measuring instrument by writing the Director.

The Chief Inspector shall notify the person of the date and time of the inspection and the cost of the inspection in accordance with the Fifth Schedule.

A person notified in accordance with subsection (3) shall pay the required cost to the Director and shall, where required, show that receipt to the inspector at the time of the inspection.

(9)

28.

(a)

(b)

29.(1)

(2)

(3)

(4)

35

An inspector under this section shall attend with the Working Standard provided for his use and use that Working Standard to verify in the manner required by this Act every measuring instrument to which subsection (1) applies.

The inspector shall, where it will be required, tell the person when and with what frequency the measuring instrument must be verified in accordance with this section.

Affixing verification marks

An inspector shall affix a verification mark only where the measuring instrument

measures in the legal units of measurement;

is found to operate within the appropriate limits of error that are permitted in accordance with this Act;

meets the requirements for initial verification, in-service verification and verification after alteration, repair, modification or adjustment; and

complies with this Act.

Where a measuring instrument is, in the opinion of the inspector, too small or too delicate to have the verification mark properly affixed; but the measuring instrument satisfies the requirements of subsection (1), the inspector shall issue a certificate granting verification, and that certificate shall specify why the verification mark could not be affixed.

A person who is refused a verification mark or certificate after an examination conducted by an inspector in accordance with subsection (1) may, within 21 days of the refusal, appeal in writing to the Minister.

Effect of verification

A measuring instrument which has

a verification mark affixed; or

a certificate of verification,

(5)

(6)

30.(1)

(a)

(b)

(c)

(d)

(2)

(3)

31.(1)

(a)

(b)

36

shall be classified or treated as a measuring instrument authorised for use in accordance with this Act, unless it is found thereafter that the verification mark or certification of verification is false or inaccurate.

The fact that

any measuring instrument or pre-packaged good has been inspected, verified or is alleged to have been verified under this Act; or

any verification mark is used in connection with any measuring instrument

shall not give rise to any claim against the Government of Barbados, the Barbados National Standards Institution or the Department of Commerce and Consumer Affairs.

Type approval of measuring instruments

All measuring instruments used in trade and in the fields specified in section 27(2) shall be subject to type approval in accordance with such specifications and limits of error as may be prescribed.

Type approval of a measuring instrument shall be subject to the payment of a prescribed fee.

The Department of Commerce and Consumer Affairs, may with the approval of the Minister, accept and utilise the International Organisation of Legal Metrology Certification System by accepting the type approval and test reports issued by the International Organisation of Legal Metrology.

Where a measuring instrument has been approved and subsequently has been found to be defective or inaccurate, the Minister may cancel the type approval and notify any person concerned of such cancellation.

(2)

(a)

(b)

32.(1)

(2)

(3)

(4)

37

Licence for measurement standards or measuring instruments

No person shall carry on the business of selling, manufacturing, assembling, importing, exporting, repairing or adjusting a measurement standard or measuring instrument unless

he meets the relevant requirements of this Act;

the measuring instrument complies with this Act; and

he possesses a licence issued by the Chief Inspector.

A person who wishes to obtain a licence referred to in subsection (1)

to repair or adjust any measurement standard or measuring instrument shall

demonstrate to the satisfaction of the Chief Inspector his ability or the ability of the persons employed by him, to repair the type of measurement standard or measuring instrument which he seeks to repair; and

be in possession of such measurement standards, equipment, tools and other facilities as may be required for the proper execution of such repair or adjustment;

to manufacture any measurement standard or measuring instrument shall

demonstrate to the satisfaction of the Chief Inspector his ability or the ability of the persons employed by him, to manufacture the measurement standard or measuring instrument which he seeks to manufacture;

be in possession of such equipment, tools and other facilities as may be required for the manufacture or assembly of such measurement standard or measuring instrument; and

33.(1)

(a)

(b)

(c)

(2)

(a)

(i)

(ii)

(b)

(i)

(ii)

38

submit to the Chief Inspector such drawings and samples as may be required, of the measurement standard or measuring instrument which he intends to manufacture for type approval.

No licence to manufacture, repair or adjust measuring instruments shall be issued to any person except upon satisfactory demonstration of the ability of that person to manufacture, repair or adjust the measuring instruments.

Every licence issued by the Chief Inspector under this section shall be

in the prescribed form;

subject to such terms or conditions as may be prescribed; and

in force until such date as may be specified in the licence.

The Chief Inspector may revoke any licence issued under this section where the holder of the licence breaches any of the terms or conditions of the licence or is convicted of an offence under this Act.

A person who engages in the business of selling, manufacturing, assembling, importing, exporting, repairing or adjusting a measurement standard or measuring instrument without having a license from the Chief Inspector is guilty of an offence.

Register of manufacturers

The Chief Inspector shall maintain and publish annually in the Official Gazette a register of the names of persons carrying on the business of selling, manufacturing, assembling, importing, exporting, repairing or adjusting measuring instruments for use in trade and for the purposes specified in section 27(2).

Sale by net quantity

A person who sells, offers for sale or exposes for sale any article or good shall do so by net quantity, and a person who contravenes subsection (1) is guilty of offence.

(iii)

(3)

(4)

(a)

(b)

(c)

(5)

(6)

34.

35.(1)

39

A person acting in accordance with subsection (1), may make a statement or declaration of net quantity in respect of a pre-packaged good containing qualifying words which specify that the quantity declared was the net quantity at the time of packaging.

Where a statement or declaration of net quantity in respect of a pre- packaged good contains qualifying words as mentioned in subsection (2), a person who

sells or agrees to sell that good where the net quantity at the time of packing was less than the net quantity stated or declared;

has that good in his possession for sale, knowing that the net quantity at the time of packing was less than the net quantity stated or declared; or

exposes or advertises for sale a good in such a manner as to constitute an invitation to treat, where the net quantity at the time of packing was less than the net quantity stated or declared

is guilty of an offence.

Obligation to measure

A person who sells, offers for sale or exposes for sale any article or good shall on request by the purchaser, measure the article in the presence of that purchaser.

A person who purchases any article or good, and provides the measuring instrument for determining the quantity to be purchased shall, on demand by the seller, measure the article or good in the presence of that seller.

This section does not apply to a pre-packaged good.

A person who contravenes subsection (1) or (2) is guilty of offence.

(2)

(3)

(a)

(b)

(c)

36.(1)

(2)

(3)

(4)

40

Pre-packaged goods

A person who sells, offers for sale or exposes for sale any pre- packaged good shall correctly and clearly indicate the net quantity using the required legal units of measurement specified in this Act, on the container or on the label in a place where it may clearly be seen as applicable to the pre-packaged good by a purchaser or inspector.

Where a declaration of net quantity shows the purported net quantity of the pre-packaged good to which it is applied, that declaration shall be deemed to be correct if the net quantity of the pre-packaged good is, subject to the prescribed tolerance, not less than the declared net quantity of the pre-packaged good and the declaration otherwise meets the requirements of this Act.

The net quantity shall be indicated by

weight, if the commodity is solid, semi-solid, has high viscosity or a mixture of solid and liquid, in kilograms, and for amounts less than 1 kilogram, in grams or milligrams;

volume, if the commodity is liquid or sold by cubic measure, in litres and for amounts less than 1 litre, in millilitres;

length, if the commodity sold by linear measure, in metres for amounts greater than 1000 metres, in kilometers, and for amounts less than 1 metre, in centimetres or millimetres;

area, if the commodity is sold by area measure in metres squared; or

count, if the commodity is sold by number.

A person who contravenes subsections (1) or (3) is guilty of an offence.

The Minister may by order declare that this section shall not apply to a specified pre-packaged good.

37.(1)

(2)

(3)

(a)

(b)

(c)

(d)

(e)

(4)

(5)

41

Certification of servicemen

Where the Chief Inspector approves an application for registration from a person seeking to be a serviceman, he shall issue a certificate of registration to that person on the payment of the registration fee set out in the Fifth Schedule.

A certificate of registration is renewable annually by the bearer of the certificate on payment of the annual fee set out in the Fifth Schedule.

PART VI

OFFENCES AND PROCEEDINGS

Prosecutions

Proceedings for offences under this Act may be instituted by or on behalf of an inspector who may prosecute before a court of summary jurisdiction in respect of any proceedings instituted.

No proceedings for an offence under section 35 or 36 may be instituted after the expiration of the period of 12 months beginning with the date of the alleged offence.

For the purposes of this section the date of the alleged offence is the date when the offence was detected.

Forgery

A person who in connection with trade

forges or counterfeits any mark either of verification or type approval or verification certificate used on any measuring instrument;

applies to any measuring instrument a mark which is forged or counterfeit, or which is false or inaccurate; or

38.(1)

(2)

39.(1)

(2)

(3)

40.

(a)

(b)

42

uses, sells, exchanges or disposes of any measuring instrument with such forged, counterfeit, false or inaccurate mark thereon, or any mark liable to be confused with marks authorised under the provisions of this Act

with the intent to defraud or deceive, is guilty of an offence and is liable on summary conviction to a fine of $7 500; and in the case of a subsequent offence, to a fine of $ 15 000.

Sale and use of unverified measuring instruments

A person who sells, offers for sale or exposes for sale, any measuring instrument which

has not been verified by an inspector; and

does not bear a valid verification mark or verification certificate

is guilty of an offence and is liable on summary conviction to a fine of $7 500 and in the case of a subsequent offence to a fine of $15 000 .

A person who, for the purpose of any trade or any other purpose specified in this Act, uses any measuring instrument which

has not been verified by an inspector; and

does not bear a valid verification mark or verification certificate

is guilty of an offence and is liable on summary conviction to a fine of $7 500 and in the case of a subsequent offence to a fine of $15 000.

Where a person is charged with an offence under subsection (2) it shall be a defence to prove that the verification mark or verification certificate had been properly applied on the measuring instrument and has become defaced through fair wear and tear.

(c)

41.(1)

(a)

(b)

(2)

(a)

(b)

(3)

43

Tampering with marks and measuring instruments

A person who

by any means, wilfully and intentionally renders a measuring instrument false or inaccurate;

for any prescribed purpose, uses, supplies, sells or exchanges a false or inaccurate measuring instrument;

not being an inspector under this Act or authorised by the Chief Inspector to do so, attaches affixes, inscribes, inserts or otherwise applies any verification mark, verification certificate or type approval to a measuring instrument; or

not being an inspector under this Act or authorised by the Chief Inspector to do so, removes, defaces, obliterates, tampers with or otherwise changes any verification mark, verification certificate or type approval

is guilty of an offence and is liable on summary conviction to a fine of $7 500 and in the case of a subsequent offence to a fine of $15 000.

Removal of or tampering with tags, seals and devices

A person who removes, defaces, obliterates, breaks, tampers with or otherwise changes any tag, seal or device that has been placed, affixed or attached to a measuring instrument by an inspector, is guilty of an offence and is liable on summary conviction to a fine of $7 500 and in the case of a subsequent offence to a fine of $15 000.

Damage of standards and measuring instruments

A person who falsifies, tampers with or wilfully destroys or otherwise damages any National Measurement Standard, National Reference Standard, Working Standard, a designated appropriate standard, equipment, measuring instrument or reference material made available to that person is guilty of an

42.

(a)

(b)

(c)

(d)

43.

44.(1)

44

offence and is liable on summary conviction to a fine of $7 500 and in the case of a subsequent offence to a fine of $15 000.

The Court may also order a person convicted of an offence under subsection (1) to bear the cost of restoring or replacing the damaged standard, equipment, measuring instrument or reference material.

Evidence of facts

In any criminal proceedings for an alleged offence under this Act, any certificate or document signed by the Chief Inspector or an inspector regarding

any measuring instrument specified therein that was examined, tested or verified by him on a date specified therein, and the result of that examination, test or verification;

the accuracy or inaccuracy of any measurement given by a measuring instrument; or

any article, good or pre-packaged good specified therein that was weighed, measured or counted by him on a date specified therein and found to be a weight, measurement or number specified therein

shall, upon production thereof be prima facie evidence in those criminal proceedings, of the facts certified therein and in the absence of evidence of rebuttal thereof shall be conclusive evidence of the facts stated in the certificate or document.

General penalty provision

A person who is found guilty of an offence under this Act, for which no penalty is expressly provided by this Act, is liable on summary conviction to a fine of $7 500 and in the case of a subsequent offence to a fine of $20 000.

(2)

45.

(a)

(b)

(c)

46.

45

Defences

In any criminal proceedings for an offence under this Act, it shall be a defence subject to subsection (2), for a person charged to prove that

the commission of the offence was due to a mistake or to reliance on information supplied by another person whom he reasonably believed to have had knowledge of or experience, in the particular subject or to reliance on the act or default of another person, or to an accident or some other cause beyond his control; and

he took all reasonable precautions and exercised all due diligence to avoid the commission of the offence by himself or any person under his control.

Where the defence provided by subsection (1) involves the allegation that the commission of the offence was due to the act or default of another person or to reliance on information supplied by another person, the person charged shall not, without leave of the court, be entitled to rely on that defence unless, within the period ended 14 clear days before the hearing, he has served on the Chief Inspector notice in writing giving information identifying or assisting in the identification of that other person together with copies of any warranties or other relevant written information supplied by that other person.

In any proceedings under this Act, in respect of any alleged excess or deficiency in the quantity of any goods, the court shall have regard to

the average excess or deficiency, as the case may be, in any goods of the same kind tested by an inspector following a prescribed procedure for sampling and testing, on the occasion of the alleged offence;

the number of articles tested by the inspector by comparison with the number of articles available for testing on the occasion of the alleged offence, where there is no prescribed procedure for the sampling of the goods; and

47.(1)

(a)

(b)

(2)

(3)

(a)

(b)

46

any relevant methods of examination and measurement and any relevant prescribed limits of error.

Disposal of seized articles

In proceedings for an offence relating to measuring instruments or articles under this Act, the Court, either at trial or on subsequent application, may order

the forfeiture or destruction of the measuring instruments or articles;

that the disposal of the measuring instruments or articles be in a manner determined by the Court; or

that the measuring instruments or articles be delivered to the person appearing to the Court to be entitled to the measuring instruments or articles.

The Department of Commerce and Consumer Affairs shall provide compensation to the person appearing to the Court to be entitled to the measuring instruments or articles if

it has been found that the measuring instruments or articles comply with this Act; and

the measuring instruments or articles are lost, damaged, destroyed or expires while in the care or custody of the Department of Commerce and Consumer Affairs.

For the purposes of this section, “Court” means the Magistrate's Court.

Regulations

The Minister may make regulations prescribing the

circumstances in which, the conditions under which and the manner in which verification marks may be obliterated or removed;

method to be used for type approval;

(c)

48.(1)

(a)

(b)

(c)

(2)

(a)

(b)

(3)

49.(1)

(a)

(b)

47

measuring instruments to be included in classes of prescribed measuring instruments;

form, size and other requirements for measuring instruments;

fees relating to inspectors on verification or approval of measuring instruments;

design of the verification mark, rejection mark and verification certificates to be used for the purposes of this Act;

form of the certificate to be issued by inspectors pursuant to the examination and determination of accuracy of a measuring instrument, and the circumstances under which such certificates shall be cancelled;

materials to be used in construction and principles of construction specified measuring instruments;

methods of inspection, testing and stamping of specified measuring instrument including the limits of error to be permitted and methods of sampling and testing of goods;

patterns of measuring instruments or devices that are approved for manufacture, assembly, importation or exportation, and those that are prohibited for use in trade;

measuring instruments used in the betting and gaming industry, fiscal control and revenue collection, utility metering, the field of public health; environmental protection and control, public safety, the postal services, the petroleum sector, the rum and spirits industry, and any other trade or field which uses a measuring instrument; and

methods to be used and limits of error to be allowed by inspectors exercising their functions or powers under the Act in relation to the examination and measurement of goods; or

Notwithstanding subsection (1), the Minister may make Regulations generally for the purpose of giving effect to this Act.

(c)

(d)

(e)

(f)

(g)

(h)

(i)

(j)

(k)

(l)

(2)

48

Where the regulations made under this Act create an offence, the regulations may provide for such offences to be tried summarily or on indictment and the regulations may prescribe the following penalties

in the case of an offence triable summarily, a fine of $50 000 or imprisonment for a term of 5 years or to both; or

in the case of an offence triable on indictment, a fine of $100 000 or imprisonment for a term of 8 years or to both.

Act binds the Crown

This Act binds the Crown.

Amendment of Schedules

The Minister may, on the advice of the Barbados National Standards Institution, by order amend the Schedules to the Act.

Savings

The Weights and Measures Regulations, 1983 (S.I. 1985 No. 217), with the exception of regulations 5 and 12 and the Second Schedule of those Regulations, shall continue in force until amended or revoked under this Act, and shall be so construed as to give effect to the provisions of this Act.

From the commencement of this Act, the fees set out in the Fifth Schedule to this Act shall be used for the fees formerly specified in the Second Schedule to the Weights and Measures Regulations, 1983.

Transitional provision

A certificate of registration or verification certificate issued under the former Act shall remain valid for one year from the commencement of this Act.

A person who was issued a rejection certificate for an instrument under the former Act, may apply upon the commencement of this Act for the verification of that instrument.

(3)

(a)

(b)

50.

51.

52.(1)

(2)

53.(1)

(2)

49

Repeal of Cap. 331

The Weights and Measures Act, Cap. 331 is repealed.54.

50

L.R.O. 1998

FIRST SCHEDULE

(Section 15(2))

Barbados Metrology Act, 2021 (Act 2021- )

The Base Units and Derived Units

1. Defi nition of the International System of Units

The International System of Units (SI) is the system of units in which:

(a) the unperturbed ground state hyperfi ne transition frequency of the caesium 133 atom, ∆vCs is 9,192,631,770 Hz;

(b) the speed of light in vacuum, c is 299,792,458 m/s;

(c) the Planck constant, h is 6.62607015 × 10–34 J s;

(d) the elementary charge, e is 1.602176634 × 10–19 C;

(e) the Boltzmann constant, k is 1.380649 × 10–23 J/K; and

(f) the Avogadro constant NA is 6.02214076 × 10 23 mol–1; and

(g) the luminous effi cacy of monochromatic radiation of frequency 540 × 1012 Hz, K_cd, is 683 lm/W,

where the hertz, joule, coulomb, lumen and watt, with unit symbols Hz, J, C, lm, and W, respectively, are related to the units second, metre, kilogram, ampere, kelvin, mole and candela, with unit symbols s, m, kg, A, K, mol, and cd, respectively, according to Hz = s-1, J = kg m2 s-2, C = A s, lm = cd m2 m-2 = cd sr, and W = kg m2 s-3.

51

L.R.O. 1998

2. Base Units

The defi nitions and symbols of the base units of the SI are:

(1) The second

The second, symbol s, is the SI unit of time. It is defi ned by taking the fi xed numerical value of the caesium frequency ∆vCs, the unperturbed ground-state hyperfi ne

transition frequency of the caesium 133 atom, to be 9 192 631 770 when expressed in the unit Hz, which is equal to s–1.

The exact expression for the second is:

(2) The metre

The metre, symbol m, is the SI unit of length. It is defi ned by taking the fi xed numerical value of the speed of light in vacuum c to be 299 792 458 when expressed

in the unit m/s, where the second is defi ned in terms of ∆vCs.

The exact expression for the metre is:

(3) The kilogram The kilogram, symbol kg, is the SI unit of mass. It is defi ned by taking the fi xed numerical value of the Planck constant h to be 6.626 070 15 × 10–34 when expressed

in the unit J s, which is equal to kg m2 s–1, where the metre and the second are defi ned in terms of c and ∆vCs.

The exact expression for the kilogram is:

First Schedule - (Cont'd)

1kg 6.626 070 15 10

52

L.R.O. 1998

which is equal to:

(4) The ampere

The ampere, symbol A, is the SI unit of electric current. It is defi ned by taking the fi xed numerical value of the elementary charge e to be 1.602 176 634 × 10–19 when expressed in the unit C, which is equal to A s, where the second is defi ned in terms of ∆vCs.

The exact expression for the Ampere is:

which is equal to:

(5) The kelvin

The kelvin, symbol K, is the SI unit of thermodynamic temperature. It is defi ned by taking the fi xed numerical value of the Boltzmann constant k to be 1.380 649 × 10–23 when expressed in the unit J K–1, which is equal to kg m2 s–2 K–1, where the kilogram, metre and second are defi ned in terms of h, c and ∆vCs.

The exact expression for the Kelvin is:

Which is equal to:

First Schedule - (Cont'd)

53

L.R.O. 1998

(6) The mole

The mole, symbol mol, is the SI unit of amount of substance. One mole contains exactly 6.022 140 76 × 1023 elementary entities. This number is the fi xed numerical value of the Avogadro constant, NA, when expressed in the unit mol

–1 and is called the Avogadro number.

The amount of substance, symbol n, of a system is a measure of the number of specifi ed elementary entities. An elementary entity may be an atom, a molecule, an

ion, an electron, any other particle or specifi ed group of particles.

The exact expression for the mole is:

(7) The candela

The candela, symbol cd, is the SI unit of luminous intensity in a given direction. It is defined by taking the fixed numerical value of the luminous efficacy of monochromatic radiation of frequency 540 × 1012 Hz, Kcd, to be 683 when expressed in the unit lm W–1, which is equal to cd sr W–1, or cd sr kg–1 m–2 s3, where the kilogram, metre and second are defi ned in terms of h, c and ∆vCs.

The exact expression for the mole is:

Which is equal to:

First Schedule - (Cont'd)

54

L.R.O. 1998

3. Derived Units

(1) Derived units are defi ned as products of powers of the base units. When the numerical factor of the product is one, the derived units care called coherent derived units. The base and coherent derived units of the SI form a coherent set, designated the set of coherent SI units. Since there are a limitless number of quantities it is impossible to provide a complete list of derived units however the most commonly used derived units are provided in paragraphs (2), (3) and (4).

(2) The 22 SI derived units with special names and symbols.

First Schedule - (Cont'd)

Derived Quantity

plane angle

solid angle

frequency

force

pressure, stress

energy, work, quantity of heat

power, radiant fl ux

electric charge, quantity of electricity

electric potential diff erence (e), volt electromotive force

capacitance

Special name of unit

Radian (b)

Steradian (c)

Hertz (d)

newton

pascal

joule

watt

coulomb

volt

farad

Symbol

rad

sr

Hz

N

Pa

J

W

C

V

F

Unit expressed in terms of

base units (a)

m/m

m2/m2

s-1

kg m s-2

kg m-1 s-2

kg m2 s-2

kg m2 s-3

A s

kg m2 s-3 A-1

kg-1 m-2 s4 A2

Units expressed in terms

of other SI Units

N m

J/s

W/A

C/V

55

L.R.O. 1998 First Schedule - (Cont'd)

Derived Quantity

electric resistance

electric conductance

magnetic fl ux

magnetic fl ux density

inductance

Celsius temperature

luminous fl ux

illuminance

activity (of a radionuclide)

absorbed dose, specifi c energy (impacted), kerma

dose equivalent

catalytic activity

Special name of unit

ohm

siemens

weber

tesla

henry

degree Celsius (f)

lumen

lux

becquerel gray

sievert

katal

Symbol

Ω

S

Wb

T

H °C

lm

lx

Bq

Gy

Sv

kat

Unit expressed in terms of base units (a)

kg m s-3 A-2

kg-1 m-2 s3 A2

kg m2 s-2 A-1

kg s-2 A-1

kg m2 s-2 A-2

K

cd sr

cd sr m-2

s-1

m2 s-2

m2 s-2

mol s-1

Units expressed in terms of other SI Units

V/A

A/V

V s

Wb/m2

Wb/A

Cd sr

Lm/m2

J/kg

J/kg

(a) The order of symbols for base units in this Table is diff erent from that in the 8th edition following a decision by the CCU at its 21st meeting (2013) to return to the original order in Resolution 12 of the 11th CGPM (1960) in which newton was written kg m s−2, the joule as kg m2 s−2 and J s as kg m−2 s−1.

The intention was to refl ect the underlying physics of the corresponding quantity equations although for some more complex derived units this may not be possible.

56

L.R.O. 1998

(b) The radian is the coherent unit for plane angle. One radian is the angle subtended at the centre of a circle by an arc that is equal in length to the radius. It is also the unit for phase angle. For periodic phenomena, the phase angle increases by 2π rad in one period. The radian was formerly an SI supplementary unit, but this category was abolished in 1995.

(c) The steradian is the coherent unit for solid angle. One steradian is the solid angle subtended at the centre of a sphere by an area of the surface that is equal to the squared radius. Like the radian, the steradian was formerly an SI supplementary unit.

(d) The hertz shall only be used for periodic phenomena and the becquerel shall only be used for stochastic processes in activity referred to a radionuclide.

(e) Electric potential diff erence is also called “voltage” in many countries, as well as “electric tension” or simply “tension” in some countries.

(f) The degree Celsius is used to express Celsius temperatures. The numerical value of a temperature diff erence or temperature interval is the same when expressed in either degrees Celsius or in kelvin.

(g) In photometry the name steradian and the symbol sr are usually retained in expressions for units.

(h) Activity referred to a radionuclide is sometimes incorrectly called radioactivity.

(i) See CIPM Recommendation 2 on the use of the sievert (PV, 2002, 70, 205).

(3) The seven base units and 22 units with special names and symbols may be used in combination to express the units of other derived quantities. Since the number of quantities is without limit, it is not possible to provide a complete list of derived quantities and derived units. Subsection (4) provides some examples of derived quantities and the corresponding coherent derived units expressed in terms of base units. In addition, subsection (5) provides examples of coherent derived units whose names and symbols also include derived units. The complete set of SI units includes both the coherent set and the multiples and sub-multiples formed by using the SI prefi xes.

First Schedule - (Cont'd)

57

L.R.O. 1998

(4) Examples of coherent derived units expressed in terms of base units.

First Schedule - (Cont'd)

Derived quantity

area

volume speed, velocity acceleration wavenumber density, mass density

surface density specifi c volume current density magnetic fi eld strength amount of substance concentration mass concentration luminance

Typical symbol of quantity

A

V v a σ ρ

ρA υ j H c ρ, γ Lv

Derived unit expressed in terms of base units

m2

m3

m s-1

m s-2

m-1

kg m-3

kg m-2

m3 kg-1

A m-2

A m-1

mol m-3

kg m-3

cd m-2

(5) Examples of SI coherent derived units whose names and symbols include SI coherent derived units with special names and symbols.

Derived quantity

dynamic viscosity moment of force surface tension

angular velocity, angular frequency

Name of coherent derived unit

pascal second newton metre newton per metre

radian per second

Derived unit expressed in terms of base units kg m-2 s-2

kg m2 s-2

kg s-2

s-1

Symbol

Pa s N m N m-1

rad s-1

58

L.R.O. 1998 First Schedule - (Cont'd)

Derived quantity

angular acceleration

heat fl ux density, irradiance

heat capacity, entropy

specifi c heat capacity, specifi c entropy

specifi c energy

thermal conductivity

energy density

electric fi eld strength

electric charge density

surface charge density

electric fl ux density, electric displacement

permittivity

permeability

molar energy

Name of coherent derived unit

radian per second squared

watt per square metre

joule per kelvin

joule per kilogram kelvin

joule per kilogram

watt per metre kelvin

joule per cubic metre

volt per metre

coulomb per cubic metre

coulomb per square metre

coulomb per square metre

farad per metre

henry per metre

joule per mole

Derived unit expressed in terms of base units s-2

kg s-3

kg m2 s-2 K-1

m2 s-2 K-1

m2 s-2

kg m s-3 K-1

kg m-1 s-2

kg m s-3 A-1

A s m-3

A s m-2

A s m-2

kg-1 m-3 s4 A2

kg m s-2 A-2

kg m2 s-2 mol-1

Symbol

rad/s2

W m2

J K-1

J K-1 kg-1

J kg-1

W m-1 K-1

J m-3

V m-1

C m-3

C m-2

C m-2

F m-1

H m-1

J mol-1

59

L.R.O. 1998 First Schedule - (Cont'd)

Derived quantity

molar entropy, molar heat capacity

exposure (x- and y- rays)

absorbed dose rate

radiant intensity

radiance

catalytic activity concentration

Name of coherent derived unit

joule per mole kelvin

coulomb per kilogram

gray per second

watt per steradian

watt per square metre steradian

katal per cubic metre

Derived unit expressed in terms of base units

kg m2 s-2 mol-1 K-1

A s kg-1

m2 s-3

kg m2 s-3

kg s-3

mol s-1 m-3

Symbol

J K-1 mol-1

C kg-1

Gy s-1

W sr-1

W sr-1 m-2

Kat m-3

4. Non-SI units that are accepted for use with the International System of Units SI

Quantity

time

length

plane angle

Name of unit

minute

hour

day

astronomical unit (a)

degree

minute

Second (b)

Value in SI units

1 min = 60 s

1 h = 60 min = 3,600 s

1 d = 24 h = 86,400 s

1 au = 149,597,870,700 m

1° = (π/180) rad

1' = (1/60)° = (π/10,800) rad

1" = (1/60) ' = (π/648,000) rad

Symbol of unit

min

h

d

au

°

'

"

60

L.R.O. 1998 First Schedule - (Cont'd)

Quantity

area volume

mass

energy

logarithmic

ratio

quantities

Name of unit

Hectare (c) Litre (d)

Tonne (e)

dalton (f) electronvolt (g)

neper (h)

bel (h)

decibel (h)

Value in SI units

1 ha = 1hm2 = 104 m2

1 L = 1 l = 1 dm3 = 103 cm3 = 10-3 m3

1 t = 103 kg

1 Da = 1.660 539 040 (20) x 10-27 kg

1 eV = 1.602 176 634 x 10-19 J

Symbol of unit

ha L, l

t

Da

eV

Np

B

dB

(a) As decided at the XXVIII General Assembly of the International Astronomical Union (Resolution B2, 2012).

(b) For some applications such as in astronomy, small angles are measured in arcseconds (i.e. seconds of plane angle), denoted as or ″, milliarcseconds, microarcseconds and picoarcseconds, denoted mas, μas and pas, respectively, where arcsecond is an alternative name for second of plane angle.

(c) The unit hectare and its symbol ha, were adopted by the CIPM in 1879 (PV, 1879, 41). The hectare is used to express land area.

(d) The litre and the symbol lower-case l, were adopted by the CIPM in 1879 (PV, 1879, 41). The alternative symbol, capital L, was adopted by the 16th CGPM (1979, Resolution 6; CR, 101 and Metrologia, 1980, 16, 56-57) in order to avoid the risk of confusion between the letter l (el) and the numeral 1 (one).

(e) The tonne and its symbol t, were adopted by the CIPM in 1879 (PV, 1879, 41). This unit is sometimes referred to as “metric ton” in some English-speaking countries.

61

L.R.O. 1998 First Schedule - (Concl'd)

(f) The dalton (Da) and the unifi ed atomic mass unit (u) are alternative names (and symbols) for the same unit, equal to 1/12 of the mass of a free carbon 12 atom, at rest and in its ground state. This value of the dalton is the value recommended in the CODATA 2014 adjustment. It will be updated in the CODATA 2018 adjustment to take into account the, now fi xed, 2017 value of the Planck constant h. This will reduce the 2014 uncertainty by an order of magnitude.

(g) The electronvolt is the kinetic energy acquired by an electron in passing through a potential diff erence of one volt in vacuum. The electronvolt is often combined with the SI prefi xes.

(h) In using these units it is important that the nature of the quantity be specifi ed and that any reference value used be specifi ed.

62

L.R.O. 1998

SECOND SCHEDULE

(Sections 15(2), 25(3) and 25(4))

Barbados Metrology Act, 2021 (Act 2021- )

Non - SI Units of Practical Importance

Quantity

1. length

Name

inch

Symbol

in

Defi nition

0.9144/36 m

Use

(a) Automotive tyres and rims; (b) Equipment used, or intended for use, in the manufacturer and repair of automotive tyres or

rims; (c) Precision pipes, precision tubes,

precision fi tting and precision screw threads;

(d) Spare parts for equipment constructed using equipment other than metric measurements; (e) Equipment used for, or intended

for use in, the manufacture of equipment referred to in paragraphs

(c) or (d); (f) Defence equipment; (g) Equipment used, or intended for

use, in aviation; (h) Equipment used, or intended for

use, in the computer industry; (i) Equipment used, or intended for

use, in the electronics industry; or

63

L.R.O. 1998 Second Schedule - (Cont'd)

Quantity

2. length

3. Mass

4. Mass

5. power

6. pressure

7. pressure

8. pressure

9. pressure

10. velocity

Name

foot

metric carat

troy ounce

horsepower

Bar

millibar

millimetre of mercury

standard atmosphere

foot per minute

Defi nition

0.9144/3 m

0.0002 kg

480 x 0.45359237/7000 kg

745.7 W

100 000 Pa

100 Pa

133.32219 Pa

101 325 Pa

0.3048/60 m/s

Use

(j) Components of equipment referred to in parahraphs (a) to

(i).

(a) Altitude in aviation; (b) Vertical separation in aviation;

or (c) Submarine depth.

The mass of precious stones and pearls.

The mass of precious metals.

Engine ratings: (a) In the aviation industry; or (b) In defence equipment

(a) Pressure vessels; (b) Boilers

(a) Air pressure in the aviation industry; (b) Meteorology

Blood pressure

(a) Meteorology; (b) Environmental measurement

Vehicular vertical speed

Symbol

ft

oz tr

hp

bar

mb or mbar

mmHg

Atm

Ft/min

64

L.R.O. 1998 Second Schedule - (Concl'd)

Quantity

11. volume

12. Work and energy

13. concentration

14. concentration

15. concentration

16. Mass concentration

Name

barrel

kilocalorie

degrees Brix

degrees Z

Pol

Defi nition

1.589 873 x 102 L

4.1868 x 103 J

Concentration in grams of solute per 100g of an aqueous solution of pure sucrose, having the same density as a sugar solution at the same temperature.

Concentration equivalent to 0.26 g of sucrose per 100 g of an aqueous solution of pure sucrose.

Concentration in grams of solute per 100 g of an aqueous solution of pure sucrose having the same optical rotation as a sugar solution at the same temperature

Grams of alcohol per 210 litres of exhaled breath

Use

The volume of crude oil and petroleum. Food energy values

Measurement of sugar concentration

Measurement of sugar concentration

Measurement of sugar concentration

Measurement of the mass concentration of alcohol in exhaled breath

Symbol

in

kcal

°Bx

°Z

Pol

65

L.R.O. 1998

THIRD SCHEDULE

(Section 15(3))

Barbados Metrology Act, 2021 (Act 2021- )

The SI Prefi xes for multiples and sub-multiples of base, supplementary and derived units of measurement

(1) Decimal multiples and sub-multiples ranging from 1024 to 10−24 are provided for use with the SI units. The names and symbols of these multiple and sub-multiple prefi xes are presented in subsection (3). (2) Prefi x symbols are printed in upright typeface, as are unit symbols, regardless of the typeface used in the surrounding text and are attached to unit symbols without a space between the prefi x symbol and the unit symbol. With the exception of da (deca), h (hector) and k (kilo), all multiple prefi x symbols are upper-case letters and

all sub-multiple prefi x symbols are lowercase letters. All prefi x names are printed in lowercase letters, except at the beginning of a sentence.

(3) SI Prefi xes

QUANTITY

yotta

zetta

exa

peta

tera

SYMBOL

Y

Z

E

P

T

FACTOR

1024 = 1 000 000 000 000 000 000 000 000

1021 = 1 000 000 000 000 000 000 000

1018 = 1 000 000 000 000 000 000

1015 = 1 000 000 000 000 000

1012 = 1 000 000 000 000

66

L.R.O. 1998 Third Schedule - (Cont'd)

QUANTITY

giga

mega

kilo

hecto

deka

deci

centi

milli

micro

nano

pico

femto

atto

zepto

yocto

SYMBOL

G

M

k

h

da

d

c

m

μ

n

p

f

a

z

y

FACTOR

109 = 1 000 000 000

106 = 1 000 000

103 = 1 000

102 = 1 00

101 = 10

10-1= 0.1

10-2= 0.01

10-3 = 0.001

10-6 = 0.000 001

10-9 = 0.000 000 001

10-12 = 0.000 000 000 001

10-15 = 0.000 000 000 000 001

10-18 = 0.000 000 000 000 000 001

10-21 = 0.000 000 000 000 000 000 001

10-24= 0.000 000 000 000 000 000 000 001

(4) The symbol of the prefi x shall be placed before the symbol of the unit without intermediate space; the whole forms the symbol of the multiple or sub-multiple of the unit. The symbol of the prefi x is therefore considered to be combined with the symbol of the unit to which it is directly attached, forming with it a new unit symbol which can be raised to a positive or negative power and which be combined with other unit symbols to form the symbols for compound units.

(5) Compound prefi xes, formed by the juxtaposition of several SI prefi xes, are not permitted.

67

L.R.O. 1998 Third Schedule - (Concl'd)

(6) The names and symbols of the decimal multiples and sub-multiples of the unit of mass are formed by the addition of the SI prefi xes to the word “gram” (symbol g). 1 g = 0.001 kg = 10-3 kg.

(7) To designate the decimal multiples and sub-multiples and sub-multiples of a derived unit which is expressed in a form of a fraction, a prefi x can be attached indiff erently to the units which appear either in the numerator, or in the denominator, or in both of these terms.

68

L.R.O. 1998

FOURTH SCHEDULE

(Sections 15(4) and 25(2))

Barbados Metrology Act, 2021 (Act 2021- )

Conversion Factors

Alphabetical listing of the conversion factors to SI Units from the most common Non-SI Units.

To Convert From

acre

ampere hour

astronomical unit

atmosphere (standard)

atmosphere (technical = 1kgf/cm2)

bar

barrel (for petroleum, 42 gal)

barrel (for petroleum, 42 gal)

bushel (U.S.)

caliber (inch)

To

square metre (m2)

coulomb (C)

metre (m)

pascal (Pa)

pascal (Pa)

pascal (Pa)

cubic metre (m3)

Litre (L)

cubic metre (m3)

metre (m)

Conversion

Multiply by 4.046 873 x 103

Multiply by 3.6 x 103

Multiply by 1.495 979 x 1011

Multiply by 1.013 250 x 105

Multiply by 9.806 650 x 104

Multiply by 1.0 x 105

Multiply by 1.589 873 x 10-1

Multiply by 1.589 873 x 102

Multiply by 3.523 907 x 10-2

Multiply by 2.54 x 10-2

69

L.R.O. 1998 Fourth Schedule - (Cont'd)

To Convert From

calorie

carat (metric)

chain

cubic foot (cu ft or ft3)

cubic inch (cu in or in3)

cubic yard (cu yd or yd3)

degree (angle)

degree Celsius

degree Centigrade (see degree Celsius)

degree Fahrenheit

degree Fahrenheit

foot

foot (U.S. survey)

foot per minute

gallon (U.K. liquid)

gallon (U.S. dry)

gallon (U.S. liquid)

gram

hectare

horsepower (550 ft-lbf/s)

To

joule (J)

kilogram (kg)

metre (m)

cubic metre (m3)

cubic metre (m3)

cubic metre (m3)

radian (rad)

kelvin (K)

degree Celsius

kelvin (K)

metre (m)

metre (m)

metre per second (m/s)

cubic metre (m3)

cubic metre (m3)

cubic metre (m3)

kilogram (kg)

Square meter (m2)

watt (W)

Conversion

Multiply by 4.186 8

Multiply by 2.0 x 10-4

Multiply by 2.011 68 x 101

Multiply by 2.831 685 x 10-2

Multiply by 1.638 706 x 10-5

Multiply by 7.645 549 x 10-1

Multiply by 1.745 329 x 10-2

TK = T°C + 273.15

T°C = (T°F - 32)/1.8

TK – (T°F + 459.67)/1.8

Multiply by 3.048 x 10-1

Multiply by 3.048 006 x 10-1

Multiply by 5.080 x 10-3

Multiply by 4.546 092 x 10-3

Multiply by 4.404 884 x 10-3

Multiply by 3.785 412 x 10-3

Multiply by 1.0 x 10-3

Multiply by 1.0 x 104

Multiply by 7.456 999 x 102

70

L.R.O. 1998 Fourth Schedule - (Cont'd)

To Convert From

horsepower (boiler)

horsepower (U.K.)

inch

kelvin

kilocalorie

knot

micron

mile

mile (international nautical)

mile (U.K. nautical)

mile/hr

mile/hr

millibar

millimetre of mercury (mm hg)

minute (angle)

ounce (avoirdupois)

ounce (troy or apothecary)

ounce (U.K. fl uid)

ounce (U.S. fl uid)

pennyweight

To

watt (W)

watt (W)

metre (m)

degree Celsius

joule (J)

metre per second (m/s)

metre (m)

metre (m)

metre (m)

metre (m)

metre per second (m/s)

Kilometer per hour (km/h)

pascal (Pa)

pascal (Pa)

radian (rad)

kilogram (kg)

kilogram (kg)

cubic metre (m3)

cubic metre (m3)

kilogram (kg)

Conversion

Multiply by 9.806 650 x 101

Multiply by 7.457 x 102

Multiply by 2.54 x 10-2

T°C = TK - 273.15

Multiply by 4.186 8 x 103

Multiply by 5.144 444 x 10-1

Multiply by 1.0 x 10-6

Multiply by 1.609 344 x 103

Multiply by 1.852 x 103

Multiply by 1.853 184 x 103

Multiply by 4.470 4 x 10-1

Multiply by 1.609 344

Multiply by 1.0 x 102

Multiply by 1.33 322 19 x102

Multiply by 2.908 882 x 10-4

Multiply by 2.834 952 x 10-2

Multiply by 3.110 348 x 10-2

Multiply by 2.841 307 x 10-5

Multiply by 2.957 353 x 10-5

Multiply by 1.555 174 x 10-3

71

L.R.O. 1998 Fourth Schedule - (Concl'd)

To Convert From

pint (U.S. dry)

pint (U.S. liquid)

pound

pound-force (lbf)

quart (U.S. dry)

quart (U.S. liquid)

second (angle)

slug

square foot

square inch

square mile

square yard

stone

tablespoon

teaspoon

ton (long)

ton (short)

watthour (W-hr)

yard

To

cubic metre (m3)

cubic metre (m3)

kilogram (kg)

newton (N)

cubic metre (m3)

cubic metre (m3)

radian (rad)

kilogram (kg)

square metre (m2)

square metre (m2)

square metre (m2)

square metre (m2)

kilogram (kg)

cubic metre (m3)

cubic metre (m3)

kilogram (kg)

kilogram (kg)

joule (J)

metre (m)

Conversion

Multiply by 5.506 105 x 10-4

Multiply by 4.731 765 x 10-4

Multiply by 4.535 924 x 10-1

Multiply by 4.448 222

Multiply by 1.101 221 x 10-3

Multiply by 9.463 529 x 10-4

Multiply by 4.848 137 x 10-6

Multiply by 1.459 390 x 101

Multiply by 9.290 304 x 10-2

Multiply by 6.451 6 x 10-4

Multiply by 2.589 988 x 106

Multiply by 8.361 274 x 10-1

Multiply by 6.350 293 18

Multiply by 1.478 676 x 10-5

Multiply by 4.928 922 x 10-6

Multiply by 1.016 047 x 103

Multiply by 9.071 847 x 102

Multiply by 3.6 x 103

Multiply by 9.144 x 10-1

72

FIFTH SCHEDULE

(Sections 29(3), 38 and 52 )

Fees For Verification Work And For Registration Of Servicemen

Additional Fees for Verification Work

The following fees are to be collected for the examination and stamping of the measuring instruments indicated below:

1. The extra sum of $100.00 is to be charged where the inspector is required to issue a written certificate in respect of the compliance of the measuring instrument to this Act without mentioning the true value of the measure or the true values of the indications of the measuring instrument.

2. In case the where measuring instrument fails to pass the assessment 50 per cent fee prescribe is to be collected for the examination.

Note : The fees do not include the cost of transportation of the inspector and the verification equipment. If such costs have been incurred they are to be charged additionally according to the actual costs.

1. Masses

$

(a). Commercial masses of nominal value not exceeding 2 kg................................................................... 50.00

(b). Commercial masses of nominal value greater than 2 kg................................................................... 60.00

(c). Masses used for precious stones and metals.......... 50.00

2. Weighing Instruments

$

(a). Hanging beam scales of ordinary accuracy and of a maximum capacity not exceeding 25 kg.................... 90.00

(b). Hanging beam scales of ordinary accuracy and of a maximum capacity greater than 25 kg....................... 125.00

73

(c). Hanging beam scales of medium accuracy and of a maximum capacity not exceeding 25 kg.................... 110.00

(d). Hanging beam scales of medium accuracy and of a maximum capacity greater than 25 kg....................... 160.00

(e). Counter balances and spring balances of ordinary accuracy and of a maximum capacity not exceeding 10 kg.................................................................. 5.00

(f). Counter balances and spring balances of ordinary accuracy and of a maximum capacity greater than 10 kg but not exceeding 50 kg......................................... 15.00

(g). Counter balances of medium accuracy including computerized types of maximum capacity not exceeding 50 kg.................................................................. 25.00

(h). Class four (ordinary accuracy) of maximum capacity not exceeding 25 kg ................................. 90.00

(i). Class four (ordinary accuracy) of maximum capacity exceeding 25 kg but not exceeding 250 kg................. 125.00

(j). Class four (ordinary accuracy) of maximum capacity exceeding 250 kg but not exceeding 1000 kg............. 110.00

(k). Class four (ordinary accuracy) of maximum capacity exceeding 1000 kg but not exceeding 3000 kg 160.00

(l). Class three (medium accuracy) of maximum capacity not exceeding 25 kg ................................. 160.00

(m). Class three (medium accuracy) of maximum capacity exceeding 25 kg but not exceeding 250 kg.... . 200.00

(n). Class three (medium accuracy) of maximum capacity exceeding 250 kg but not exceeding 1000 kg . 200.00

(o). Class three (medium accuracy) of maximum capacity exceeding 1000 kg but not exceeding 3000 kg 240.00

(p). Class two (high accuracy) of maximum capacity not exceeding 15 kg ................................................... 160.00

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(q). Deadweight machines...................................... 120.00

(r). Steelyards...................................................... 15.00

(s). Platform scales of maximum capacity not exceeding 1000 kg.............................................................. 55.00

(t). Platform scales of maximum capacity greater than 1000 kg.............................................................. 110.00

(u). Vehicle weighbridges of maximum capacity up to 15 tonnes (bi-annually).......................................... 500.00

(v). Vehicle weighbridges of maximum capacity greater than 15 tonnes (bi-annually).................................... 750.00

3. Length Measures

$

(a). Rigid and folding measures not exceeding 1 m...... 50.00

(b). Rigid and folding measures longer than 1 m but not exceeding 2 m...................................................... 70.00

(c). Rigid and folding measures longer than 2 m..... . . . . 80.00

(d). Tape measures exceeding 1 m in length............... 50.00

(e). Tape measures longer than 1 m but not exceeding 2 m in length ....................................................... 65.00

(f). Tape measures exceeding 2 m............................ 80.00

4. Capacity Measures

$

(a). Measures, other than pharmaceutical, not exceeding 1 litre capacity..................................................... 115.00

(b). Measures, other than pharmaceutical, greater than 1 litre but not exceeding 20 litres................................ 125.00

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(c). Measures exceeding 20 litres, other than pharmaceutical, but not exceeding 50 litres ............... 140.00

(d). Measures exceeding 50 litres, other than pharmaceutical, but not exceeding 2000 litres..... . . . . . . . 260.00

(e). Measures exceeding 2000 litres, other than pharmaceutical, but not exceeding 10 000 litres.......... 325.00

(f). Measures exceeding 10 000 litres, other than pharmaceutical, but not exceeding 20 000 litres.......... 425.00

(g). Measures exceeding 20 000 litres, other than pharmaceutical, but not exceeding 30 000 litres.......... 495.00

(h). Measures exceeding 20 000 litres, other than pharmaceutical, but not exceeding 30 000 litres.......... 695.00

(i). Measures exceeding 30 000 litres, other than pharmaceutical, but not exceeding 40 000 litres.......... 800.00

(j). Measures exceeding 40 000 litres, other than pharmaceutical, but not exceeding 45 000 litres.......... 970.00

(k). Measures, other than pharmaceutical, exceeding 45 000 litres............................................................. 1470.00

(l). Pharmaceutical measures not exceeding 0.5 litres... 90.00

(m). Pharmaceutical measures exceeding 0.5 litres. . . . . . 110.00

5. Petrol Measuring Pumps and other pumps

$

(a). Liquefied petroleum gas metres on trucks (bi- annually) $ 70.00

(b). Metering system for dispensing one petroleum product for road vehicles (bi-annually)...................... $ 50.00

(c). Metering system for dispensing products to re- fuellers (bi-annually)............................................. $100.00

(d). Blending pumps containing two measuring pumps. $ 55.00

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(e). Flow meters - milk $100.00

6. Fees for Registration of Servicemen

$

Certificate............................................................ 200.00

Registration fee per serviceman............................... 200.00

Annual fee per serviceman...................................... 500.00

7. Fees Miscellaneous Administrative Costs $

(a). Storage of items where such items are not collected within 2 days of the collection date

43.00 per day

(b). Where minor to moderate cleaning is required before calibration

25.00 - $79.00

(c). Where major cleaning is required before calibration

80.00

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Read three times and passed the House of Assembly this day of , 2021.

Speaker

Read three times and passed the Senate this day of , 2021.

President

78

BARBADOS METROLOGY BILL, 2021

EXPLANATORY MEMORANDUM

The Bill would aline the practice of metrology in Barbados with international standards and international developments in the area. This will in part be achieved by ensuring that all measurements in Barbados are regulated and in compliance with the International System of Units. This Act will implement a system of regulation which will ensure fairness in the domestic market and also ensure safety and protection of human life and health by ensuring the accuracy of the measurement equipment used in every area of human life.

PART I PRELIMINARY

This provides a short title for the citation of the Act.

This provides for the definition of certain specialized terms to guide the interpretation of the Act.

PART II ADMINISTRATION

makes it clear that the Barbados National Standards Institution will assist Barbados in meeting the standards necessary to ensure compliance with the Convention du Metre. This is in compliance with functions of the Barbados National Standards Institution as specified in the Standards Act, Cap. 326A.

designates the Barbados National Standards Institution as the National Metrology Institute of Barbados. This Institute is responsible for ensuring good measurement practice to enable

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businesses in the process of making accurate and traceable measurements for the benefit of commercial trade. The Institute will disseminate the required information in respect of measurement matters, and have the necessary calibration equipment or facilities for the benefit of ensuring measurement accuracy.

designates the Department of Commerce and Consumer Affairs as the National Legal Metrology Authority of Barbados. This Authority is responsible for maintaining uniformity and accuracy in all weights and measures used in weighing and measuring instruments used by traders in areas of business and commerce in Barbados.

provides for the Minister to call the Institute and the Authority to meet together as the National Metrology Committee, where the combined expertise is required.

states the responsibility and functions of the Director of the Department of Commerce.

provides for the Minister to give directions in the public interest to the Institute, Authority or Director, who is also the Chief Inspector.

PART III LEGAL METROLOGY INSPECTORS

states the functions of the Chief Inspector.

states the functions of the inspectors.

grants critical powers to inspectors so they may enter and search and perform their functions for the enforcement of the Act.

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requires an inspector to keep in strict confidence the details of a business place’s manufacturing process or trade secrets where such information is disclosed in the discharge of their duties.

makes it an offence to obstruct an inspector in the discharge of his duty

makes it an offence to impersonate an inspector.

PART IV LEGAL UNITS OF MEASUREMENT

makes the International System of Units the primary system of measurement in Barbados and lists the required units in the Schedule to the Act. It also provides for the Minister to amend the Schedules by order to facilitate rapid amendment where required.

requires the Barbados National Standards Institution to advise the Minister so Barbados may procure the measurement standards and the required facilities, equipment, measuring instruments and reference materials, as are necessary to facilitate the implementation and dissemination of the International System of Units.

provides for the establishment and safe keeping of the National Measurement Standard of Barbados and for its systematic calibration to ensure the National Measurement Standard is always accurate with the limits of error.

provides for the establishment and safe keeping of the National Reference Standard of Barbados and for its

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systematic calibration to ensure the National Reference Standard is always accurate with the limits of error.

provides for the Working Standard which is calibrated annually for the daily use for the purposes of the Act.

provides for the limited use of Temporary National Measurement Standard where the national measurement is not available.

makes it an offence use a Working Standard or measuring device which is not calibrated in according with the Act.

ensures that no person uses a measuring instrument which is outside the appropriate limits of error.

outlines the procedure which will be used to determine the accuracy of a measuring instrument.

makes provision for the Minister to restrict certain areas of trade to certain units of measurement.

provides the official numeric system in Barbados to be the Arabic system of numerals as well for such figures to also be acceptable where expressed in words. The Fourth Schedule speaks to unit of metric carat for precious stones. The Second Schedule also provides for the unit of the troy ounce for precious metals.

makes it an offence to provide less the contracted or specified quantity of a good.

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PART V LEGAL METROLOGY CONTROLS

requires measuring instruments used in the trades specified in the section to be regulated in accordance with the Act.

makes provision for the legal assumption of possession unless the contrary is proved.

outlines the process for the verification of measuring instruments which are subject to the provision of the Act.

provides for a verification mark to be affixed and for a verification certificate to be issued where measuring instrument is in compliance with the Act.

states the effect of verification under the Act and makes further provision that a verification mark or certificate on a measuring instrument shall not be cause for legal action against the Crown where the measuring instrument is later found to be inaccurate.

requires that measuring instruments subject to the Act are subject to type approval in accordance with the required specifications and limits of error.

requires a person to obtain a licence in order to do any business which involves selling or repairing measuring instruments.

provides for the Chief Inspector to keep a register of persons doing business in measuring instruments and to publish the same in the Official Gazette.

makes net quantity the required standard for sale by weight, and makes it offence to make a statement or declaration of net quantity which is more than the actual net quantity.

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creates a duty to measure goods sold by weight in the presence of the purchaser.

stipulates the standard and offences for pre-packaged goods.

provides for the certification of servicemen by the Chief Inspector.

PART VI OFFENCES AND PROCEEDINGS

provides for private prosecution and for limitation of action for certain offences.

provides for the offence of forgery with respect to measuring instruments.

makes it an offence to use or sell unverified measuring instruments.

makes it an offence to tamper with a measuring instrument.

makes it an offence to remove or deface official markings placed on a measuring instrument.

makes it an offence to damage the standards.

provides for the Chief Inspector and inspector to certify matters of fact for evidential purposes.

provides for a general penalty provision to cover offences for which no penalty is provided.

makes provision for certain statutory defences for offences under the Act.

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makes disposal of seized articles.

provides for the Minister to make regulations.

makes the Crown subject to the provisions of the Act.

provides for the Minister to amend the Schedule to the Act.

provides for the subsidiary instruments under the former Act to remain valid until replaced in accordance with this Act.

provides for a transitional period for certificates and licences issued under the former Act.

repeals the Weights and Measures Act, Cap. 331.

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