Weights and Measures Regulations

52 (1) The examination of any quantity of prepackaged commodities, referred to as a lot, each unit of which purports to contain the same quantity of commodity, that an inspector undertakes to determine whether the lot meets the requirements of the Act and these Regulations respecting the statement of quantity, shall be made by selecting and examining a sample from the lot.

(2) Subject to subsection (3), where a lot contains the number of units set out in Column I of an item of Part I of Schedule III, an inspector shall select from the lot a number of units not less than the number set out in Column II of that item, and the number of units selected shall constitute the sample referred to in subsection (1).

(3) Where, for the purpose of determining the quantity, other than for establishing the weight of the package containing the commodity, it is necessary to destroy a certain number of units in the lot, an inspector shall select, for destruction, not more than 10 per cent of the total number of units in the lot and not less than one unit, and the number of units selected shall constitute the sample referred to in subsection (1).

(4) The lot from which a sample was taken and examined by an inspector does not meet the requirements of the Act and these Regulations respecting the statement of quantity if the inspector determines that

• (a) the weighted average quantity of the units in the sample, as determined by the formula set out in Part II of Schedule III, is less than the stated quantity;

• (b) the number of units in the sample that contain less than the stated quantity by more than the prescribed limits of error set out in Schedule II for that quantity is equal to or greater than the number set out in Column II of Part IV of Schedule III for the sample size set out in Column I thereof; or

• (c) two or more units in the sample contain less than the stated quantity by more than twice the prescribed limits of error set out in Schedule II for that quantity.