Decision No. 02/2008/QD-BKHCN dated February 25, 2008 of the Ministry of Science and Technology promulgating the Regulation on measurement examination of quantitatively prepacked goods

DECISION

PROMULGATING THE REGULATION ON MEASUREMENT EXAMINATION OF QUANTITATIVELY PREPACKED GOODS

THE MINISTER OF SCIENCE AND TECHNOLOGY

Pursuant to the October 6, 1999 Ordinance on Measurement;

Pursuant to the Government’s Decree No. 54/2003/ND-CP of May 19, 2003, defining the functions, tasks, powers and organizational structure of the Ministry of Science and Technology, and the

Government’s Decree No. 28/2004/ND-CP of Januaiy 16, 2004, amending and supplementing a number of ankles of Decree No. 54/2003/ND-CP;

At the proposal of the general director of the Directorate for Standards and Quality,

DECIDES:

Article 1. To promulgate together with this Decision the Regulation on measurement examination of quantitatively prepacked goods.

Article 2. This Decision takes effect 15 days after its publication in “CONG BAO” and replaces the Minister of Science, Technology and Environment (now the Minister of Science and Technology)’s Decision No. 30/2002/QD-BKHCNMTof May 17, 2002.

Article 3. The Directorate for Standards and Quality, provincial/municipal Departments for Standards and Quality, and concerned organizations and individuals shall implement this Decision.

REGULATION

ON MEASUREMENT EXAMINATION OF QUANTITATIVELY PREPACKED GOODS
(Promulgated together with the Science and Technology Minister’s Decision No. 02/2008/QD-BKHCN of February 25, 2008)

Chapter 1.

GENERAL PROVISIONS

Article 1. Scope of governing

This document provides for the measurement examination of quantitatively prepacked goods which are on the list of prepacked goods subject to state management of measurement promulgated by the Ministry of Science and Technology (below referred to as prepacked goods for short); and responsibilities of agencies, organizations and individuals involved in measurement examination of prepacked goods.

Article 2. Interpretation of terms

In this document, the terms below are construed as follows:

1. Prepacked goods means goods which are quantified, packed and have their quantity displayed on their labels in units of measurement of weight, volume, length or area, or cardinal number, in the absence of customers.

2. Package means the material used to wrap prepacked goods.

3. Prepacked goods unit means a set comprising one (01) package and a quantity of goods contained in this package.

4. Declared content (Q_n) means the quantity of prepacked goods displayed on their labels.

5. Real content (Q_r) means the quantity of prepacked goods contained in a package and is determined through measurement examination.

6. Acceptable minimum net content (Q_min) means the difference between declared content (Qn) and acceptable tolerance (T).

Q_min =Q_n - T

In which, acceptable tolerance (T) is specified in Table 1 of this Regulation.

7. Unacceptable unit of prepacked goods means a prepacked goods unit whose real content (Q_r) is smaller than acceptable minimum net content (Q_min).

8. Lot of prepacked goods for examination (referred to as lot for examination for short) means a collection of identical prepacked goods units which are produced, bottled, packed, imported, circulated and traded with the same declared content, in the same period of time, and under the same conditions, from which some prepacked goods are picked up for measurement examination.

9. Lot size (N) means the total number of prepacked goods units in a lot for examination.

At sites of production, bottling or packing (below collectively referred to as production), a lot size is the number of good units packed per hour.

At sites of importation and for goods in circulation and trading, a lot size is calculated per importation drive, but must not exceed ten thousand (10,000).

10. Liquid solvent means the liquid contained together with prepacked goods.

11. Waterless content means the actual content of prepacked goods in liquid solvent.

Article 3. Responsibilities of organizations and individuals producing, importing, circulating and trading in prepacked goods

Organizations and individuals producing, importing, circulating and trading in prepacked goods (below referred to as establishments for short) shall ensure that prepacked goods meet measurement requirements under this Regulation and are subject to measurement examination and inspection by competent state agencies specified in Articles 22, 23 and 24 of the Governments Decree No. 06/2002/ND-CP of January 14, 2002. detailing the implementation of the Measurement Ordinance.

Article 4. State measurement examination

1. State measurement examination of quantitatively prepacked goods covers examination of the recording of quantities on labels of, and examination of satisfaction of measurement requirements for, prepacked goods prescribed in Chapter II of this Regulation. The Directorate for Standards and Quality and provincial/municipal Departments for Standards and Quality shall assume the prime responsibility for, and coordinate with concerned agencies of ministries, branches and localities in, conducting measurement examination.

2. Science and technology inspectorates at all levels shall conduct measurement examination and inspection of prepacked goods and handle violations according to their competence.

Article 5. Responsibilities of agencies conducting measurement examination of prepacked goods

Within the scope of their assigned functions, tasks and powers, agencies conducting measurement examination of prepacked goods shall:

1. Conduct measurement examination of prepacked goods according to this Regulation.

2. Promptly and properly handle according to their competence violations of measurement regulations applicable to prepacked goods.

3. Ensure accurate, objective and honest examination without causing harassment to establishments.

Chapter 2

REQUIREMENTS ON MEASUREMENT FOR PREPACKED GOODS

Article 6. Requirement on average value X_tb

1. When a lot for examination has a size smaller than one hundred (N < 100) prescribed in Clause 1, Article 9 of this Regulation, average value X_tb of real content Q_r of prepacked goods units in the lot must not be smaller than declared content Q_n.

2. When a lot for examination has a size equal to or bigger than one hundred (N ≥ 100) prescribed in Clause 2, Article 9 of this Regulation, average value X_tb must satisfy the condition expressed below:

X_tb ≥ Q_n – k . s

In which:

+ s is the average square deviation of real content, calculated by the following formula:

+ n is the number of prepacked goods units to be examined:

+ k is the difference coefficient.

The values of n and k correspond to the lot size and sampling plans prescribed in Tables 3 and 4 of this Regulation.

Article 7. Requirements on quantity of unacceptable units of prepacked goods

1. The number of unacceptable units of prepacked goods must not exceed:

a/ 2.5% of the lot size when the lot for examination has a size smaller than one hundred (N < 100);

b/ The acceptable value specified in Table 3, for cases of standard sampling precribed in Point a, Clause 2, Article 9 of this Regulation;

c/ The acceptable value specified in Table 4, for cases of reduced sampling precribed in Point b, Clause 2, Article 9 of this Regulation.

2. No unacceptable unit of prepacked goods is permitted to have tolerance more than twice
acceptable tolerance T specified in Table 1.

Table 1

Note:

(a): Q_n ≤ 1,000g (or ml): T may be rounded up to one decimal of g (or ml),

Q_n > 1,000g (or ml): T may be rounded up to the unit of g (or ml);

(b): Only the requirement on average value Xtb must be met;

(c) T may be rounded up to the whole number.

Chapter 3

METHODS OF CONDUCTING MEASUREMENT EXAMINATION OF PREPACKED GOODS

Article 8. Requirements on measuring equipment used in examination

Measuring equipment used for measurement examination of prepacked goods must be verified and ensure the following preciseness requirements:

1. Scales for measurement examination of prepacked goods must have a weighing capacity suitable to the weighing levels of prepacked goods and must have a division value corresponding to these weighing levels as specified in Table 2.

Table 2

2. Other measuring equipment used to examine prepacked goods must have a measuring capacity suitable to values to be measured and an acceptable error not exceeding one-fifth of corresponding acceptable tolerance T specified in Table 1 of this Regulation.

Article 9. Determination of number of prepacked goods units for examination

1. When a lot for examination has a size smaller than one hundred (N < 100):

The number of prepacked goods units to be examined equals the lot size.

2. When a lot for examination has a size equal to or bigger than one hundred (N ≥ 100):

The number of prepacked goods units to be examined shall be determined by sampling, specifically as follows:

a) Standard sampling: Samples will be taken at production or importation sites or from those units in circulation and trading. The number of units of prepacked goods to be examined is specified in Table 3.

Table 3

b) Reduced sampling: To be conducted only at sales places and when it is necessary to destroy packages of prepacked goods. The number of units of prepacked goods to be examined is specified in Table 4.

Table 4

Article 10. Measurement examination of prepacked goods

1. To conduct measurement examination at warehouses storing prepacked goods to be produced or imported for sale or in circulation and trading.

2. To determine a sampling lot. its size and the number of samples to be examined. To select forms of minutes of measurement examination corresponding to lot size (N) specified in Appendix I to this Regulation.

3. To prepare sample units for examination. When a lot size is equal to or bigger than 100, random sampling must be conducted to select samples.

4. To determine specifications of a sampling lot and record them in the respective box in the minutes of measurement examination.

5. To examine prepacked goods with measuring equipment that meet requirements specified in Article 8 of this Regulation.

6. To determine the real content of each sample unit and record it in the respective box in the
minutes of measurement examination.

Real content of prepacked goods in unit of weight shall be determined according to the order of determining the real content of soods in unit of weight prescribed in Apppendix II to this Regulation.

Waterless content of goods packed in liquid solvent shall be determined according to the order of determining the waterless content of goods packed in liquid solvent prescribed in Appendix III to this Regulation.

Real content of prepacked frozen goods shall be determined according to the order of determining the real content of prepacked frozen goods prescribed in Appendix IV to this Regulation.

7. To calculate and process results of measurement examination and record them in the respective column in the minutes of measurement examination.

8. Based on the measurement requirements specified in Articles 6 and 7 of this Regulation, to conclude on the examined lot and record the conclusion in the respective column of the minutes of measurement examination.

Chapter 4

IMPLEMENTATION PROVISIONS

Article 11. Organization of implementation

1. To assign the Directorate for Standards and Quality to guide the implementation of this Regulation.

2. In the course of implementation, any arising problems should be reported to the Ministry of Science and Technology for consideration and settlement.

APPENDIX I

MINUTES OF MEASUREMENT EXAMINATION
(Attached to the Science and Technology Minister’s Decision No. 02/2008/QD-BKHCN of February 25, 2008)

NAME OF EXAMINATION AGENCY

MINUTES OF MEASUREMENT EXAMINATION

(N < 100)

1. Measurement examination:

2. Processing: Average value                    ........................

3. Conclusion:

NAME OF EXAMINATION AGENCY

MINUTES OF MEASUREMENT EXAMINATION

(N ≥ 100)

1. Measurement examination:

2. Processing: Average value                    ........................;

3. Conclusion:

APPENDIX II

ORDER OF DETERMINING REAL CONTENT OF PREPACKED GOODS IN UNIT OF WEIGTH
(Attached to the Science and Technology Minister’s Decision No. 02/2008/QD-BKHCN of February 25, 2008)

The real content of each unit of prepacked goods in unit of weight shall be determined in the following steps:

1. To determine gross weight of each unit of prepacked goods G_i.

2. To determine average tare weight B_tb :

a/ To take by random 10 tare samples in the first lot for examination (tare samples are taken from a lot for examination or a tare lot at packing sites).

b/ To determine the weight of each package and record them as B₁, B₂,..., B₁₀.

c/ To determine the average tare weight

3. To determine the real content of each prepacked goods unit

a/ If B_tb ≤ 10%. Q_n, the real content  of each prepacked goods unit (i) shall be determined by the following formula:

= G_i - B_tb

b) If B_tb > 10%.Q_n, average square deviation s of B_tb shall be determined by the following formula:

* If s < 0,25.T. to pick up new 25 packages and determine average tare weight B_tb2 of this lot and determine real content  of each prepacked goods unit (i) by the folollovving formula:

= G_i – B_tb2

* If .v > 0,25.T, do not use the average tare weight. Real content  of each prepacked goods unit (i) shall be determined by the following formula:

= G_i – B_i

In which:

B_i is the tare weight of the (i)^th unit of prepacked goods.

APPENDIX III

ORDER OF DETERMINING WARTERLESS CONTENT OF GOODS PACKED IN LIQUID SOLVENT
(Attached to the Science and Technology Minister’s Decision No. 02/2008/QD-BKHCN of February 25, 2008)

I. Equipment used for examination

1. Scales meeting requirements on weighing levels and preciseness specified in Table 2 of this Regulation.

2. Sieves of 20-30 cm in diameter depending on the quantity of prepacked goods, with stainless steel or copper wires of approximately 1 mm in diameter and square holes of 2-3 mm each side.

II. Determination of waterless content

1. Units of goods packed in liquid solvent for examination must be in a the ready-for-sale state or be sterilized for more than 30 days or similarly processed. Prior to examination, prepacked goods must be preserved at the temparture required by producers or at 20-24°C for 12 hours.

2. To tilt a sieve at an angle of 17° - 20°; to pour or gently pick up prepacked goods on the sieve and strain them for 2 minutes;

3. To determine the weight of the sieve with the prepacked goods: P₂

4. To determine the weight of the sieve (tare): P₁

5. Waterless content of goods packed in liquid solvent shall be determined by the following formula:

= P₂ – P₁

APPENDIX IV

ORDER OF DETERMINING REAL CONTENT OF PREPACKED FROZEN GOODS
(Attached to the Science and Technology Minister’s Decision No. 02/200S/QD-BKHCN of February 25, 2008)

1. Defrosting

a/ Prepacked frozen fruits or vegetables: To leave them in constantly running water at a temperature of 20° 1C °C for ice melting (not to stir to crush the goods).

b/ Prepacked frozen seafood: To take them out of packages and gently pour water onto them to melt the glaze.

c) Prepacked frozen prawn or crab: To put them in baskets and soak them in water at a temperature of 26 °C 1°C for ice melting.

2. Water drainage

To put prepacked goods on a sieve tilted at an angle of 17° - 20° and strain them for 2 minutes. Sieves must be of 20-30 cm in diameter depending on the quantity of prepacked goods, with stainless steel or copper wires of approximately 1 mm in diameter and square holes of 2-3 mm each side.

3. Determining real content

a/ To determine the weight of the sieve with prepacked goods P₂;

b/ To determine the weight of the sieve without prepacked goods P_l;

c) Real content of prepacked goods: = P₂ – P₁