P J Sheehan (Cork South West, Fine Gael)
Link to this: Individually | In context

Question 136: To ask the Minister for Enterprise, Trade and Employment if he will address the concerns of a person (details supplied) in relation to the costs involved in scale verification; and if he will make a statement on the matter. [19645/07]

Micheál Martin (Cork South Central, Fianna Fail)
Link to this: Individually | In context

Weighing equipment used for trade is subject to control by the Legal Metrology Service (LMS) in accordance with the Metrology Acts 1980 to 1998. The regime of control includes approval of new designs of weighing equipment, verification of instruments of an approved design upon installation and following repair or recalibration, and inspection over the life of the instruments.

The maintenance of weighing equipment is carried out on a commercial basis by private companies and not by the LMS. However, as stated above, the LMS are required under their legislation to verify the equipment after repair or recalibration; there is a charge for this service. It is an offence to use an unverified measuring instrument for trade and it is the responsibility of the trader to ensure legal compliance.

There is a presumption that measuring instruments used by a trader are for trade use unless they prove otherwise. In this specific case, following further investigation and discussion with the LMS, a number of instruments verified were subsequently deemed as not subject to verification since they were used in product preparation rather than for trade. The charge made in respect of the verification of these instruments was cancelled and the company was advised accordingly by letter of 29 June.

I might add that every instrument used in trade must be inspected at intervals by a Legal Metrology Service Inspector to confirm that it continues to comply with legal requirements. As a key enforcement function LMS Inspectors are granted powers of entry to conduct inspections at traders premises under Section 10 of the Metrology Act 1996. However, I would stress that no charge is made for these inspections.