Restrictive Practices (Amendment) Act, 1987

Short weight and short measure.

39.—(1) Subject to subsection (2), any person who sells or exposes for sale or offers for sale any goods by weight, measure or number shall be guilty of an offence if the quantity of goods sold, exposed for sale or offered for sale is less than that purported to be sold, exposed for sale or offered for sale or than corresponds with the price charged on the basis of—

(i) the total price to be paid for the goods;

(ii) the stated price per number or unit of measurement, as the case may be, used to determine the total price.

(2) This section shall not apply to goods which are packed in accordance with the provisions of the Packaged Goods (Quantity Control) Act, 1980 .

(3) A person guilty of an offence under subsection (1) shall be liable on summary conviction to a fine not exceeding £800 or, at the discretion of the court, to imprisonment for a term not exceeding 6 months, or to both the fine and the imprisonment.

(4) An inspector may at all reasonable times enter any place or premises where he has reasonable cause to believe that any goods are sold or exposed for sale or offered for sale by weight, measure or by number and may weigh, measure, count or otherwise examine such goods for the purpose of ensuring compliance with this section.

(5) Any proceedings for a summary offence under this section may be brought and prosecuted by an inspector.

(6) In this section “an inspector” means an inspector appointed under—

(a) section 43 of the Weights and Measures Act, 1878; or

(b) section 81 (as amended by section 19 of the Weights and Measures Act, 1889) of the Weights and Measures Act, 1878.