Ysun Pty Ltd has been fined $2000 after pleading guilty to multiple offences under trade measurement law at their store in Springfield Central in Queensland.
Ysun Pty Ltd, trading as Orion Fruit Market, was found to be not properly labelling products with a required measurement statement after repeated warnings over a period of ten months.
The fine was ordered by the Brisbane Magistrates Court in proceedings brought by the Commonwealth Director of Public Prosecutions on behalf of the National Measurement Institute (NMI).
General Manager for Legal Metrology at NMI, Bill Loizides, said that the prosecution was launched because of an alleged history of persistent non-compliance.
“The law is clear, consumers should be able to make informed purchasing decisions and know what they are paying for,” Mr Loizides said.
“Package labels for goods should include a weight statement when required.
“Normally offences of this nature are quickly corrected by traders after an NMI inspector visits and provides advice on how they should meet their legal obligations.
“In this case the business did not correct the situation after receiving multiple non-compliance notices, a warning letter and an infringement notice with associated fine.
“In the face of this persistent non-compliance NMI had reasonable grounds to refer the matter for prosecution.”
The court was told that on 19 April, 24 May and 15 June 2017 NMI trade measurement attended the Springfield Central store. NMI identified a range of products packed in advance that did not include a weight statement on the label, contrary to section 18JD(2) of the National Measurement Act 1960. On each occasion a non-compliance notice was issued to the store.
After a warning letter was issued on 28 June 2017, NMI inspectors re-visited the store on 26 July 2017 and found further breaches of section 18JD(2).
As a result of this continued non-compliance NMI issued an infringement notice to Ysun Pty Ltd with a fine of $1,050. A subsequent inspection of the Springfield Central store on 23 February 2018 identified seven further breaches of section 18JD(2).
Mr Loizides said that shoppers who were concerned that products had incorrect measurement labels should contact the National Trade Measurement helpline on 1300 686 664 or firstname.lastname@example.org.
Read how NMI is ensuring retailers and wholesalers measure goods accurately.