2008
South Australia
Trade Measurement (Pre-Packed Articles)
Regulations 2008
under the Trade Measurement Act 1993
Contents
Part 1—Preliminary
1 Short title
2 Commencement
3 Definitions—general
4 Definitions—packaged articles
5 Exemptions from marking requirements (name, address, measurement)
6 Exemptions for packages containing paper
7 Requirements applicable to both inner and outer packages
8 Exemptions for certain inner and outer packages
Part 2—Marking of name and address
9 Marking of name and address on packages
10 Exemption for packaged seed
Part 3—Marking of measurement
Division 1—General requirements for measurement marking
11 Requirement to mark measurement
12 General position of measurement marking
13 Position of measurement marking on wine package
14 Set-out and form of measurement marking
15 Size etc of characters in measurement marking
16 Unit etc of measurement to be used
17 Fractions, significant figures
18 Special provision marking by approved printing device
19 Marking by reference to minimum measurement
Division 2—Special provision for measurement marking of certain articles
20 Eggs
21 Articles packed in sheets
22 Number of pre-packed articles comprising 1 tonne
23 Bedsheets, tarpaulins etc
24 Pairs of window curtains
25 Marking of width or thickness if it directly affects price
Division 3—Special provision concerning measurement marking of outer packages
26 Package containing packages of articles of the same kind and measurement
27 Inner and outer packages of single article
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Trade Measurement (Pre-Packed Articles) Regulations 2008—1.9.2008
Contents
Legislative history
Part 1—Preliminary
1—Short title
These regulations may be cited as the Trade Measurement (Pre-Packed Articles)
Regulations 2008.
2 This version is not published under the Legislation Revision and Publication Act 2002 [1.9.2008]
1.9.2008—Trade Measurement (Pre-Packed Articles) Regulations 2008
Preliminary—Part 1
2—Commencement
These regulations will come into operation on 1 September 2008.
3—Definitions—general
In these regulations—
Act means the Trade Measurement Act 1993;
approved printing device means a printing device that conforms to a pattern in
relation to which there is in force under the National Measurement Regulations 1999
of the Commonwealth a certificate that approves the use of the device for trade;
characters includes letters, figures and symbols;
main display part, in relation to a package, means—
(a) if the name or brand appears on the package once only—the part of the
package on which it appears; or
(b) if the name or brand appears on more than 1 part of the package with equal
prominence in each case—any 1 of those parts; or
(c) if the name or brand appears on more than 1 part of the package but not
always with equal prominence—the part of the package on which it is more
prominent or any part of the package on which it is most prominent; or
(d) if the name or brand of the article in the package does not appear on the
package—that part of the package which will be most prominent when the
package is exposed for sale in the manner in which it is likely to be exposed
for sale;
measurement marking means the marking of measurement required by these
regulations to be made on the package containing a pre-packed article.
4—Definitions—packaged articles
In these regulations—
cheese and cheese products do not include articles for sale as processed cheese or
cheese spreads;
compressed or liquefied gas does not include liquefied petroleum gas;
cream does not include clotted cream or sour (cultured) cream;
dried or dehydrated fruit includes glace` and crystallised fruit and fruit peel;
dried or dehydrated mixed fruit includes any such fruit mixed with nuts;
garden landscape material means soil, pebbles, crushed tile, crushed white quartz,
Grawin gravel, crushed western red, crushed snowflake, New Zealand lava scoria,
Pacific coral, river stones, crushed material mix and any like substance for use in
gardens;
ice cream includes any form of frozen confection containing ice cream, flavoured ice,
fruit-ice, water-ice or a substitute for ice cream;
liquid chemicals includes solvents packed for sale for pharmaceutical, laboratory or
industrial use;
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Trade Measurement (Pre-Packed Articles) Regulations 2008—1.9.2008
Part 1—Preliminary
paint includes enamel but does not include a 2-pack paint, artists' paint or powder
coatings;
poultry means any kind of bird used for human consumption, whether it is cooked or
uncooked or consists of poultry pieces;
poultry piece means leg, wing, breast or other part detached from a poultry carcase
and any division of a poultry carcase;
resins includes natural resins, synthetic resins and polymeric materials other than
paint;
therapeutic goods means goods for therapeutic use within the meaning of the
Therapeutic Goods Act 1989 of the Commonwealth;
tobacco includes plug tobacco.
5—Exemptions from marking requirements (name, address, measurement)
(1) A package containing an article specified in Schedule 1 (Exemptions from marking) is
exempt from the operation of Part 2 (Marking of name and address) and Part 3
(Marking of measurement) in the circumstances specified in that Schedule in relation
to the article or, if no circumstances are specified, in all circumstances.
(2) A package is not exempt from the operation of Part 2 (Marking of name and address)
and Part 3 (Marking of measurement) merely because it contains 2 or more packages
each of which would be exempt under subregulation (1) as separate packages.
(3) If a name and address is marked on a package that is exempt from the operation of
Part 2 (Marking of name and address), the package ceases to be so exempt.
(4) If a statement of the measurement of an article is marked on a package that is exempt
from the operation of Part 3 (Marking of measurement), the package ceases to be so
exempt.
(5) It is not to be assumed that an article described in clause 1 (Textile goods) or clause 4
(Hardware goods) of Schedule 1 (Exemptions from marking) has been packed for sale
by measurement merely because it has been packed for sale—
(a) as a single item; or
(b) as a set (except in the case of identical automotive parts); or
(c) as a pair, or as 1 of a pair, if it is an article ordinarily described by pairs, or as
1 of a pair.
(6) An article is not excluded from the description in clause 5 (General goods) of
Schedule 1 (Exemptions from marking) merely because it could be included in some
other description of goods in that Schedule.
6—Exemptions for packages containing paper
(1) A package containing paper that is a package to which this regulation applies—
(a) is exempt from regulation 9 (Marking of name and address on packages) and
regulation 11 (Requirement to mark measurement); and
(b) is permitted to be marked with the expression "gross mass" or any other
expression that has a similar meaning to that expression.
4 This version is not published under the Legislation Revision and Publication Act 2002 [1.9.2008]
1.9.2008—Trade Measurement (Pre-Packed Articles) Regulations 2008
Preliminary—Part 1
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Trade Measurement (Pre-Packed Articles) Regulations 2008—1.9.2008
Part 2—Marking of name and address
6 This version is not published under the Legislation Revision and Publication Act 2002 [1.9.2008]
1.9.2008—Trade Measurement (Pre-Packed Articles) Regulations 2008
Marking of measurement—Part 3
General requirements for measurement marking—Division 1
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Trade Measurement (Pre-Packed Articles) Regulations 2008—1.9.2008
Part 3—Marking of measurement
Division 1—General requirements for measurement marking
(2) The minimum height for the characters in a measurement marking is the height
specified in column 2 of the table below opposite the maximum dimension of the
package specified in column 1 of the table.
8 This version is not published under the Legislation Revision and Publication Act 2002 [1.9.2008]
1.9.2008—Trade Measurement (Pre-Packed Articles) Regulations 2008
Marking of measurement—Part 3
General requirements for measurement marking—Division 1
(4) For the purposes of this regulation, an article will be taken to be ordinarily sold by
number or by linear or superficial measurement only if the majority of the merchants
selling articles of that kind in Australia ordinarily sell them by number or linear or
superficial measurement.
17—Fractions, significant figures
(1) If a measurement marking includes a fraction of a unit of measurement, it must be
expressed as a decimal sub-multiple of the unit.
(2) Whether a measurement marking is a whole multiple or a sub-multiple, or a
combination of both, it must express a degree of accuracy to not more than
3 significant figures.
18—Special provision marking by approved printing device
If a measurement marking is made by an approved printing device—
(a) the measurement marking may express a degree of accuracy to more than
3 significant figures if the certificate of approval approves use of the device to
measure the degree of accuracy expressed; and
(b) a measurement marking in terms of mass made by use of the device in
accordance with the certificate of approval may be expressed in terms of
grams.
19—Marking by reference to minimum measurement
(1) A marking on the package containing a pre-packed article of the measurement of the
article (whether or not for the purposes of these regulations) must not be made by
reference to minimum measurement unless—
(a) permitted by this regulation (or required by regulation 20 in the case of eggs);
and
(b) the reference to minimum measurement is marked in the same way as the
required measurement marking.
(2) Pre-packed dressed poultry (other than poultry pieces) may be marked with a
measurement in terms of minimum mass if—
(a) the mass stated is a whole number multiple of 100 grams; and
(b) (except in the case of cooked poultry) the package is also marked, in
characters not less than 10 millimetres in height, with a size number
calculated by dividing the stated minimum mass by 100.
(3) Pre-packed preserved sausage may be marked with a measurement in terms of
minimum mass.
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Trade Measurement (Pre-Packed Articles) Regulations 2008—1.9.2008
Part 3—Marking of measurement
Division 2—Special provision for measurement marking of certain articles
10 This version is not published under the Legislation Revision and Publication Act 2002 [1.9.2008]
1.9.2008—Trade Measurement (Pre-Packed Articles) Regulations 2008
Marking of measurement—Part 3
Special provision concerning measurement marking of outer packages—Division 3
(b) all of which are also packed together in another package (the outer package).
(2) The measurement marking on the outer package may—
(a) state the total measurement of all the articles in the outer package; or
(b) state (as if it were a measurement marking) the number of packages in the
outer package and the measurement of each of them.
(3) A measurement marking need not be marked on the outer package if—
(a) the outer package contains not more than 8 inner packages; and
(b) the inner packages are ordinarily sold only while in the outer package; and
(c) the whole or part of the outer package is transparent and the measurement
marking on each of the inner packages is clearly visible through the
packaging of the outer package.
27—Inner and outer packages of single article
(1) This regulation applies to a pre-packed article consisting of an article contained in a
package (the inner package) that is contained in another package (the outer package).
(2) A measurement marking need not be marked on the outer package if—
(a) the inner package is ordinarily sold only while in the outer package; and
(b) the whole or part of the outer package is transparent and the measurement
marking on the inner package is clearly visible through the packaging of the
outer package.
28—Package containing articles of different kinds or different measurements
(1) This regulation applies to a pre-packed article consisting of a package (the outer
package) containing at least 2 articles of which at least 1 is a pre-packed article, but
does not apply in a case to which regulation 26 (Package containing packages of
articles of the same kind and measurement) applies.
(2) None of the articles in the outer package is required to be marked with a measurement
marking if—
(a) all the articles in the outer package are ordinarily sold only while in the outer
package; and
(b) the outer package is marked in the same way as a measurement marking with
a description of each article in the outer package and a statement of its
measurement.
(3) The provisions of regulation 12 (General position of measurement marking) as to the
position of a measurement marking do not apply to a marking referred to in
subregulation (2)(b) if the packaging of the outer package is transparent and all the
articles it contains are clearly visible through it.
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Trade Measurement (Pre-Packed Articles) Regulations 2008—1.9.2008
Part 3—Marking of measurement
Division 4—Other markings concerning measurement
(b) dried fruit, dehydrated fruit and dried or dehydrated mixed fruit; and
(c) cheese and cheese products; and
(d) dressed poultry not marked in terms of minimum mass in accordance with
regulation 19 (Marking by reference to minimum measurement); and
(e) fish (including crustaceans); and
(f) mushrooms; and
(g) vegetables; and
(h) meat; and
(i) small goods (including bacon, corned beef and ham),
except when the package is a rigid container.
(2) When a pre-packed article to which this regulation applies is sold (except for the
purpose of being resold) the package containing the article must (in addition to being
marked with the measurement of the article) be marked with its total price and price
per kilogram unless—
(a) the total price and price per kilogram are adequately displayed at the time of
sale, as provided by subregulation (4); or
(b) the article is described in column 1 of the table below and is packed in a
quantity specified in column 2 opposite the description.
Article Quantity
Cheese and cheese products 100 grams 125 grams 200 grams
250 grams 375 grams 500 grams
750 grams 1 kilogram integral multiples
of 500 grams
Dressed poultry and meat 100 grams 125 grams 200 grams
250 grams 500 grams 1 kilogram integral
multiples of 1 kilogram
Dried fruit, dehydrated fruit, dried or 100 grams 125 grams 150 grams
dehydrated mixed fruit 200 grams 250 grams 375 grams
500 grams 750 grams 1 kilogram
1.5 kilograms integral multiples of
1 kilogram
Fruit, fish (including crustaceans), 15 grams 20 grams 25 grams 50 grams
mushrooms and vegetables 75 grams 100 grams 125 grams
150 grams 200 grams 250 grams
375 grams 500 grams 750 grams
1 kilogram 1.25 kilograms 1.5 kilograms
2.5 kilograms integral multiples of
1 kilogram
Smallgoods (including bacon, corned beef 50 grams 125 grams 175 grams
and ham) 250 grams 375 grams 500 grams integral
(3) The marking on a package required by this regulation must be made as if it were a
measurement marking.
12 This version is not published under the Legislation Revision and Publication Act 2002 [1.9.2008]
1.9.2008—Trade Measurement (Pre-Packed Articles) Regulations 2008
Marking of measurement—Part 3
Other markings concerning measurement—Division 4
(4) The total price and price per kilogram are adequately displayed if displayed on or
immediately adjacent to the receptacle in or on which the article is exposed for sale, in
characters not less than 10 millimetres high and in such a manner as to be readily seen
and easily read.
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Trade Measurement (Pre-Packed Articles) Regulations 2008—1.9.2008
Part 4—Prohibited and restricted expressions
33—Prohibited expressions
For the purposes of section 30 (Restrictions on use of certain expressions on packages)
of the Act, the following are prohibited expressions:
(a) any expression (other than a marking required or permitted by the Act or
these regulations) that directly or indirectly relates to or qualifies a
measurement marked on the package;
(b) a statement that directly or indirectly relates or refers to the measurement of
the article or any ingredient or component of the article, or of any source from
which the article is derived, if the statement cannot be tested for truth by
testing the article.
14 This version is not published under the Legislation Revision and Publication Act 2002 [1.9.2008]
1.9.2008—Trade Measurement (Pre-Packed Articles) Regulations 2008
Short measure—Part 5
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Trade Measurement (Pre-Packed Articles) Regulations 2008—1.9.2008
Part 5—Short measure
y is the proportion that the mass of all class B fibre (if any) in the article bears to the
total mass of the article.
Part 6—Miscellaneous
39—Mass of frozen pre-packed scallops
For the purposes of the Act and these regulations, the mass of frozen scallops packed
as a pre-packed article is to be determined as follows:
(a) measure and record the mass of an appropriate perforated container;
(b) place the entire contents of the package into a suitable impermeable bag;
(c) suspend or immerse the bag in running water until the contents have thawed;
(d) empty contents into the perforated container;
(e) drain the perforated container and the contents until minimal drip loss is
recorded;
(f) measure and record the mass of the perforated container plus contents;
16 This version is not published under the Legislation Revision and Publication Act 2002 [1.9.2008]
1.9.2008—Trade Measurement (Pre-Packed Articles) Regulations 2008
Miscellaneous—Part 6
(g) subtract the mass of the perforated container from the mass of the perforated
container and contents to obtain the net mass of the contents.
40—Application for permit to sell certain articles
An application for a permit under section 38 (Administering authority may issue
permits) of the Act for the sale of an article must—
(a) be made to the administering authority in writing signed by or on behalf of
the applicant; and
(b) specify the grounds in section 39 (Requirements for issue) of the Act that are
relied on by the applicant; and
(c) give particulars of the facts justifying reliance on those grounds.
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Trade Measurement (Pre-Packed Articles) Regulations 2008—1.9.2008
Schedule 1—Exemptions from marking
(8) Pies or pasties made for use as an individual serve of which the mass is less than
250 grams.
(9) Cakes, puddings and sponges packed singly in a quantity less than 125 grams.
(10) Alcoholic liquors packed in a quantity more than 10 litres.
3—Medicinal and toilet goods
(1) Therapeutic goods, being goods the sale or supply of which to the public is prohibited
by law except on the written prescription of a person recognised by law as competent
to prescribe them.
(2) A toilet preparation in a compact and a refill of such a preparation.
(3) Single application hair dyes or hair bleaches or single application home permanent
hair waving kits.
(4) Vaccine packed in a quantity less than 25 millilitres or a single dose of any substance
packed in a vial or ampoule for sale for use as an injection.
4—Hardware goods
(1) Articles of hardware that are not packed for sale by measurement and are not
ordinarily so sold.
(2) Tinters or colouring agents for use in paint that are packed in a quantity less than
100 grams or 100 millilitres.
(3) Colouring material in a package on which is marked directions for mixing it, or a
specified quantity of it, with a specified type and volume of paint—if the quantity of
the material to be mixed does not exceed 10 per cent of the volume of the paint with
which it is to be mixed.
5—General goods
(1) Articles ordinarily sold by number that are packed in a quantity of less than 9 in a
package made wholly or partly of transparent material so that when the package is
exposed for sale the number of articles contained in the package is readily apparent to
a purchaser.
(2) An article of which the mass exceeds 75 kilograms or the volume exceeds 150 litres.
(3) An article packed in a quantity less than 15 grams or 15 millilitres other than
adhesives, dried vegetables and freeze-dried vegetables, herbs, instant tea, pepper and
other spices, therapeutic goods and tobacco.
(4) Fire extinguisher refills.
(5) Photographic film and photographic printing paper.
(6) A bag of clay.
(7) Fish bait.
(8) Garden landscape material, including pine-bark feature mix, pine-bark nuggets,
pre-planted mushroom spawn, tree-bark, any article that is or contains compost,
farmyard manure, garden peat, leaf mould, peat moss, sphagnum moss, tan bark or
other like substance.
(9) Artists' paint packed in a quantity less than 100 grams.
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1.9.2008—Trade Measurement (Pre-Packed Articles) Regulations 2008
Exemptions from marking—Schedule 1
(10) Candles.
(11) Legume seed inoculants.
(12) A pre-packed article sold as authorised by Part 5 Division 2 (Permit to sell certain
pre-packed articles) of the Act.
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Trade Measurement (Pre-Packed Articles) Regulations 2008—1.9.2008
Schedule 3—Permissible units of measurement
20 This version is not published under the Legislation Revision and Publication Act 2002 [1.9.2008]
1.9.2008—Trade Measurement (Pre-Packed Articles) Regulations 2008
Revocation of Trade Measurement (Pre-Packed Articles) Regulations 1993—Schedule 4
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Trade Measurement (Pre-Packed Articles) Regulations 2008—1.9.2008
Legislative history
Legislative history
Notes
• For further information relating to the Act and subordinate legislation made under the
Act see the Index of South Australian Statutes or www.legislation.sa.gov.au.
Principal regulations
Year No Reference Commencement
2008 224 Gazette 14.8.2008 p3662 1.9.2008: r 2
22 This version is not published under the Legislation Revision and Publication Act 2002 [1.9.2008]