Malawi Bureau of Standards Act
- Assented to on 12 July 2012
- Commenced on 27 July 2012
- [This is the version of this document at 31 December 2014.]
- [Note: This version of the Act was revised and consolidated in the Fifth Revised Edition of the Laws of Malawi (L.R.O. 1/2018), by the Solicitor General and Secretary for Justice under the authority of the Revision of the Laws Act.]
Part I – Preliminary
1. Short titleThis Act may be cited as the Malawi Bureau of Standards Act.
2. InterpretationIn this Act, unless the context otherwise requires—“auditor", means a person appointed as such under section 37;“Board” means the Malawi Bureau of Standards Board established under section 7;“Bureau” means the Malawi Bureau of Standards established by section 3;“Bureau Management” means the Director General, Deputy Director General and the Heads of Departments of the Bureau;“cess” means the quality development cess imposed by the Minister under section 20;“Chairperson” means the Chairperson of the Board appointed and designated pursuant to section 9;“Code of practice” means a set of rules relating to the methods to be applied or the procedure to be adopted in connexion with the construction, installation, testing, operations or use of any article, apparatus, instrument, devise or process, including—(a)the marking, handling, packing, storage and transport of a commodity; or(b)the manner of installation of the commodity to ensure efficient performance;“commodity” means product, service, good or article of, or for, trade;“Director General” means the Chief Executive Officer of the Bureau appointed under section 24;“examine” includes inspect, check or observe;“financial auditor” means a person appointed as such to audit the finances of the Bureau;“financial year” means the financial year of the Bureau as specified in section 23;“import” means to bring or cause to bring a commodity in the country by any means;“inspector” means an inspector appointed under section 37;“Malawi Standard” means a specification, code of practice, terminology standard or method of test as declared under section 27 (1);“Mandatory Standard” means a Malawi Standard declared as such under section 27 (2) to which compliance is compulsory;“manufacture” includes produce, assemble, alter, modify, adapt, convert, process, package, including labeling, treat, install, test, operate and use;“mark” means any device, brand, heading, label, ticket, emblem, representation, heading ticket, name, signature, word, letter or numeral, or any combination thereof; whether used in a compound with any other word or not;“member” means a member of the Board appointed under section 8;“person” includes a body corporate;“reference material” means any material or substance with one or more characteristics which may be used for—(a)calibration of any apparatus;(b)testing of the accuracy of any method of measurement; or(c)determination, by comparison therewith, of any characteristic, including purity, of any other material or substance;“regulation” means a regulation in force in terms of this Act;“sell” includes—(a)display, offer or advertise for sale;(b)export from Malawi for or in pursuance of sale;(c)have in possession for the purpose of sale, trade, manufacture export from Malawi or for humanitarian grounds;“specification” means an explicit set of requirements to be satisfied by a commodity with reference to its characteristics, including its nature, quality, strength, efficacy, purity, composition, assembly, quantity; dimensions, mass, grade, design, layout, durability, capacity, format, operation, performance, origin or age, which ever may be applicable;“standardization mark” means a certification mark, mark of proof, or mark of authenticity;“system”, with regard to a commodity, means interrelated processes which are designed to achieve a particular purpose or to perform a specific function;“Vice-Chairperson” means the person appointed as such under section 9.
Part II – The Malawi Bureau of Standards
3. Establishment of the Malawi Bureau of StandardsThere is hereby established the Malawi Bureau of Standards (in this Act otherwise referred to as the "Bureau”), which shall—
4. Objects of the BureauThe objects of the Bureau shall be—
5. Functions, powers and duties of the Bureau
6. Non-liability of the BureauThe Bureau shall not be liable in respect of anything done under this Act in good faith and without negligence.
Part III – The Malawi Bureau of Standards Board
7. Establishment of the Malawi Bureau of Standards Board
8. Composition of the BoardThe Board shall consist of—
9. The Chairperson and Vice-Chairperson of the Board
10. Tenure of office of members, vacation and disqualification
11. Allowances for membersThe members shall be paid such allowances as the Minister may, from time to time, determine.
12. Meetings of the Board
13. Non-liability of members
14. Pecuniary interest of members
15. Powers and functions of the Board
16. Committees of the Board
Part IV – Financial provisions
18. Funds of the Board and its accounts
19. Annual reports
20. Quality development cess
22. Reimbursement of expenses of members of the BoardThe Board may make provision for the reimbursement of any reasonable expenses incurred by a member of the Board or of a committee in connexion with the business of the Board or Committee.
23. Financial yearThe financial year of the Board shall be the period commencing on the date of commencement of this Act and ending on the following 30th June and thereafter it shall be a period of twelve months ending on 30th June every year.
Part V – Staff of the Bureau
24. Director General
25. Appointment of other staff and conditions of service
Part VI – Establishment and implementation of standards
26. Setting of Malawi Standards
27. Declaration of Malawi Standards
28. Incorporation of Malawi Standards in laws
29. Effect of declaration as mandatory standard and application of standardization mark
30. Non-compliance with mandatory standards
Part VII – Standardization marks
31. Establishment, alteration of standardization marks, etc.
32. Application of standardization mark
33. Mark permits
34. Suspension or cancellation of permit
35. Samples and information
36. Limitations on certain claims
Part VIII – Inspectors and auditors
37. Appointment and powers
Part IX – Dangerous or defective commodities
39. Order prohibiting or restricting supply of defective commodities
40. Remedy for supply of commodity in contravention of order
41. Order for recall of defective commodities
42. Voluntary recall of commodities
43. Certain actions not to affect insurance contracts
Part X – Offences and penalties
44. Offences and penalties
Part XI – General
45. Restriction on use of certain words
46. PresumptionIf it is necessary for the purposes of this Act to determine an importer of a commodity, it shall be presumed, unless the contrary is proved, that the person indicated on the documents concerning the import transaction is the importer of that commodity.
47. Certain acts not to be interpreted as assurances or guaranteesThe fact that anything has been done under this Act by the Minister, the Bureau, the Board, a member of a committee of the Board, the Director General or an employee of the Bureau, in connexion with any article, material, substance, act or matter, shall not be interpreted as an assurance or guarantee of any nature in respect of that article, material of a substance, act or matter.
49. Inventions by staff members and other persons
50. Levying of interest
51. Disclosure of certain information to protect consumer
52. Prohibition of victimization
53. Conflicting standardsWhere there is a conflict between the provisions of a declared Malawi Standard under section 26 and a specification made or declared under any other written law, the Malawi Standard shall prevail.
55. Relationship between this Act and other written lawsExcept where otherwise expressly provided, this Act shall be in addition to, and not in substitution for or diminution of, any other written law.
56. Repeal and savings
Part XII – Transitional provisions
57. Transfer of assets, funds, liabilities, etc.
58. Transfer of employees
History of this document
27 July 2012
12 July 2012