Weights and Measures Act

This section lists definitions of terms used in the Act (for example "buyer", "seller", "weighing or measuring equipment", "prepacked", and others).

The pound or the kilogram shall be the unit of measurement of weight in Uganda; the pound equals 0.45359237 kilogram exactly; the kilogram is defined by the international prototype maintained by the International Bureau of Weights and Measures.

Declares the yard or the metre as the unit of measurement of length in Uganda and gives exact definitions: the yard is 0.9144 metre exactly; the metre is defined by a specified number of wavelengths of krypton-86 radiation.

The square yard or the square metre shall be the unit of measurement of area by reference to which any measurement of area shall be made in Uganda.

The cubic yard and the cubic metre are the units of measurement of volume for measurements in Uganda.

Specifies that the gallon or the litre are the units of measurement of capacity in Uganda and defines the gallon and the litre.

The Minister may, by statutory order, amend the definitions of the kilogram, the metre and the litre set out in sections 2, 3 and 6.

This Part of the Act and section 9 are subject to section 46 and any statutory order made under it.

The superintendent must procure and maintain secondary standards, verify them at least once every five years against primary standards, correct any inaccuracies, and complete certification when accurate.

The superintendent must obtain working standards and testing equipment for inspectors and examiners, verify and, if necessary, correct standards and testing equipment at least once a year, certify accurate standards, and keep records and maintenance for testing equipment.

The Minister must procure and maintain primary standards of measurement; the Minister must cause periodic reverification; the treasury officer and superintendent must each keep a key and act as wardens; the superintendent must inspect standards at least every six months.

Defines "use for trade" in Uganda to include use connected with transactions (including transfers of money or tax payments) where the transaction refers to quantity and the use determines or states that quantity; and lists types of equipment that are regarded as in use for trade (publicly available equipment, egg-grading equipment by weight, equipment used to make up or check quantities for trade).

Prohibits use for trade of non‑specified units or non‑specified abbreviations of weight, length, area, volume or capacity; prohibits use of the metric carat except for precious stones or pearls; grants the Minister power to prescribe equivalents and amend the Fifth Schedule.

No person shall use for trade, or possess for use for trade, any weight or measure of length, area, volume or capacity not included in the Second Schedule or prohibited by a statutory order; measures of length in Part II may be marked with shorter divisions; capacity measures in Part V must not be marked with lesser quantities; contravention is an offence; the Minister may amend the Second Schedule by statutory order.

Prohibits persons from using or possessing articles as weighing or measuring equipment for trade unless the article (or equipment incorporating it) has been passed by an inspector and bears a valid, undefaced stamp; equipment that must be passed and stamped after installation must not be used if dismantled and reinstalled until restamped.

A person who requires weighing or measuring equipment to be certified for trade must submit that equipment to an inspector at the inspector’s office or at a place and time the superintendent appoints; if the equipment cannot conveniently be brought, the inspector will attend the premises on written request and payment of a prescribed attendance fee.

An inspector must examine and test weighing or measuring equipment submitted to them; if within prescribed limits they must pass and stamp it, if not they must reject it and deface any stamp. Inspectors must give a certificate of verification and keep records. Inspectors may adjust rejected equipment with the submitter's consent and payment of the prescribed fee. Stamping/marking rules do not apply to weights or measures too small to be stamped or marked.

The Minister may set a validity period for stamps on weighing or measuring equipment, subject to a minimum of one year and a maximum of three years.

Inspectors must not certify weighing or measuring equipment that has novel features as fit for trade unless the equipment is of a pattern for which the Minister has granted a certificate of approval; the Minister must consider construction principles, materials and methods when deciding on approval and must give public notice of approved pattern descriptions.

A person using weighing or measuring equipment for trade when the buyer or seller is present must place and operate it so the buyer or seller has a clear, unobstructed view of the equipment and all quantity indications.

If weighing or measuring equipment is found with a person carrying on trade or on premises used for trade, that person or the occupier is deemed to have the equipment in their possession for use for trade unless the contrary is proved.

The Minister may make rules about inspection, testing, use for trade, stamping, removal/detention, obliteration of stamps, permitted purposes, erection/use, and fees for weighing or measuring equipment.

No person must expose, offer, hire out, rent or lend weighing or measuring equipment for trade unless it bears a valid stamp of verification; specified exceptions apply.

It is an offence for any person (other than an inspector or someone acting under an inspector's instructions) to forge, counterfeit, alter, deface, remove, transfer, improperly mark, make false or unjust, use, sell, offer for sale, hire out, rent or lend weighing or measuring equipment used or intended for trade, or to sell or hire such equipment in contravention of section 23.

Anyone who uses or possesses for use in trade any weighing or measuring equipment that is false or unjust commits an offence; fraud in the use of such equipment is also an offence, though it is a defence if the accused only used the equipment in the course of employment by another and did not and could not reasonably be expected to know it was false or unjust.

Anyone who supplies less than the claimed quantity of goods by weight, measure, or number, or who misrepresents or otherwise misleads about quantity in connection with sales, commits an offence.

A seller's statement about the weight of goods is treated as a statement of the net weight unless the seller expressly states otherwise.

Buyers, sellers or an inspector may require vehicles loaded for sale or delivery to be weighed on a weighbridge before and after unloading; inspectors' powers are limited to what is reasonably necessary; failing to comply without reasonable cause is an offence.

If prepacked goods in a container show a stated quantity but are found to contain less than that quantity, any person who had them for sale or who sold or agreed to sell them while prepacked commits an offence, subject to this Part and section 30(2) and exceptions required by the Act or its rules.

A person charged with an offence about quantity or prepacking of goods may rely on a written warranty as a defence if they bought the goods with a written warranty, believed it accurate, took reasonable steps to keep quantity and condition unchanged where required, and—no later than three days before the hearing—sent the warranty and notice to the prosecutor and to the warrantor.

Provides specific defences for a person charged with an offence about goods and directs the court on how to treat tested articles and quantities.

A defendant may bring another person before the court as responsible for the offence if they give notice and information; if they prove the offence was due to that other person's act and they exercised all due diligence, the original defendant shall be acquitted.

The Minister may make rules about specified categories of goods (e.g. quantities, prepacking markings, disclosure of quantity, and documentation for goods carried by road).

The superintendent must (subject to the Permanent Secretary's directions) be responsible for custody and maintenance of secondary and working standards and testing and stamping equipment and for operating arrangements to give effect to the Act.

A number of inspectors of weights and measures must be appointed as necessary for the purposes of the Act, subject to any written law about appointment to the public service.

Examiners of weights and measures must carry out examinations and tests of weighing and measuring equipment and perform other testing duties and powers as may be conferred by the superintendent.

Inspectors or examiners may enter premises at reasonable times and exercise a range of powers (inspection, testing, seizure, requiring documents or assistance, and taking equipment) to enforce the Act.

Any person must produce requested goods or documents to inspectors, must not obstruct inspectors, must comply with reasonable requirements and provide necessary information unless answering would be self‑incriminating; giving knowingly false information is an offence.

If a corporate offence is shown to have been committed with the consent, connivance, or attributable to neglect of a director, manager, secretary or similar officer (or someone purporting to act as such), that officer or person, as well as the corporation, is to be treated as guilty and may be prosecuted and punished.

If a servant, agent, partner or employee commits an act under the Act within their employment that would be an offence if done by the employer, the master, principal or employer is guilty of that offence and liable to the Act's penalties.

Any person who authorises, directs, causes, permits, advises, condones or aids the commission of an offence is to be treated as having committed that offence.

Inspectors, examiners and persons assisting them are exempt from personal civil liability for acts done in good faith while executing duties under this Act or its rules.

The Minister may make rules to carry the Act into effect and may prescribe the manner of inspectors' performance and other matters required to be prescribed.

Specifies offences under listed sections and associated fines, imprisonment options, forfeiture and remedial orders.

Defines 'metric system' as units related to the metre and kilogram, and 'derived system' as units related to the yard and pound.

The Minister may, by statutory order, specify areas, industries, trades or transactions where use of the derived system or non-metric weights and measures is prohibited, effective from such date and circumstances as the Minister decides.

The Minister may, by statutory order, exempt any person, trade or industry from a statutory order made under section 46 when satisfied suitable arrangements exist for ultimate compliance, and may set the time and conditions of the exemption.

The superintendent may, by Gazette notice, require trade users to convert non-metric weights/measures or surrender them; inspectors may dispose of surrendered items after at least 28 days; owners may apply within 14 days for return; a magistrate may order return if satisfied.

An inspector or person authorised by the superintendent may seize non-metric or derived-system weights, measures or instruments where the derived system is prohibited; if the seized instrument can be converted to metric to the superintendent's satisfaction the inspector or authorised person must detain it for not less than twenty-eight days (or a lesser period if satisfied suitable conversion arrangements have been made); section 48(2) and (3) apply as if surrendered under section 48.

The Minister may, by statutory order, prohibit importing, selling or manufacturing non-metric weights, measures and measuring instruments; inspectors must not accept items so prohibited for verification.

Persons in areas where non-metric systems are prohibited, or who must convert weighing or measuring instruments under this Part, must at all times display metric price conversion tables in a conspicuous, easily readable position in their place of trade, as directed by the Minister.

The Minister may make rules to facilitate the transition to the metric system, including requiring metric price markings and regulating conversion, repair, testing and licensing of weighing or measuring equipment and related licence fees.

Any person who fails to comply with or contravenes statutory orders under section 46, requirements by the superintendent under section 48, statutory orders under section 50, directions under section 51, or Rules under section 52 commits an offence.