C-01 (rev. 1) Policy Regarding the Commodity Test Purchase and Test Sale Program
C-01 Policy Regarding the Commodity Test Purchase and Test Sale Program (PDF, 53.9 KB, 3 pages)
Date: 2004-02-04
Bulletin: C-01-E (rev. 1)
Category: Commodities
Replaces: Bulletin C-01
Table of Contents
1.0 Scope
This bulletin has been developed to provide information related to test purchases and test sales of commodities. The guidelines laid out in this paper must be read in conjunction with departmental documentation for financial management.
2.0 Background
The test sampling program for commodities provides an effective method of identifying and correcting fraudulent use of weighing and measuring devices and/or commodity and device anomalies.
Food and non-food items could be purchased or sold for one or more of the following reasons:
2.1 To identify products/devices suspected of being in violation of applicable regulations;
2.2 To investigate consumer, trade or industry complaints;
2.3 To confirm a suspected violation, identified by a previous inspection visit, in order to support seizure or detention action;
2.4 To obtain further evidence or support information to sustain prosecution actions;
2.5 To determine whether previously identified violations have been subsequently corrected by the trader;
2.6 To respond to nationally or regionally programmed surveys in an effort to determine the compliance rate of a specific device, product or industry;
2.7 To respond to requests by other federal/provincial agencies which have identified potential problem areas, and who wish further investigation or follow-up; and
2.8 To provide information by which to direct future sampling programs.
3.0 Policy
3.1 The purchaser/seller of any test sample should, whenever possible, be a Measurement Canada inspector since inspectors are generally more comfortable with the court appearances that could result from a test purchase/sale. In cases where inspection staff of the local office are all recognizable by the trader, and inspectors from other offices are not available, other departmental staff should be asked to make the required purchase or sale. Only in exceptional cases should test shoppers not regularly employed by Measurement Canada, be used to obtain test samples.
3.2 The purchaser must obtain receipts for all test samples bought. Reimbursement is typically by means of expense claims however other options may be used as outlined in the financial management framework.
3.3 If at all possible, the sample should be weighed or measured off the premises of the retailer, and it is recommended that when possible, the test should be witnessed by another inspector.
3.4 Test purchase/sale programs may be administered either nationally or regionally when a survey project is undertaken, or locally, when specific or individual problems arise.
3.5 The District Manager is responsible for formulating a plan for incorporating test purchases/sales into field work. This plan should allocate time and resources to making test purchases/sales at known previous violators, and other suspected retail outlets, and establishments about which consumer or trader complaints have been received.
3.6 It is the responsibility of the District Manager to ensure that accurate records are kept, describing the acquisition and disposal of all samples, and to ensure that the destruction of samples is always witnessed. Completed copies of the Commodity Purchase Record [IC 3438 (1/96)] must be retained in the District Office.
4.0 Sample Disposition
4.1 Disposition of those samples which indicate errors serious enough to warrant prosecution, will be at the discretion of the District Manager. In some instances, the samples should be retained as evidence.
4.2 Perishable test samples may be disposed of as follows:
- by transfer to another agency, region or organization for further testing;
- be destroyed, where testing results in or reveals contamination of the samples;
- if testing does not cause or reveal any contamination, the sample may be i) donated to a local humane society or zoo, or ii) sold to a pet food manufacturer. In either case, the sample must be accompanied by the statement “Measurement Canada can assume no responsibility for the fitness of the item for consumption by animals”.
4.3 Non-perishable test samples may be disposed of by the following methods:
- by transfer to another agency, region or organization for further testing;
- by utilization in the normal operation of the responsibility centre (i.e., gasoline that is put into the fuel tank of a government vehicle) as any other consumable supply used by that responsibility centre;
- kept as a training asset;
- any sample that has been altered during testing to the point where it no longer has any resale value is to be destroyed;
- hazardous material should be disposed of in an appropriate manner or otherwise destroyed in an appropriate manner;
- all other non-perishable products must be sent to Crown Assets.
4.4 It is the responsibility of the District Manager to ensure that all samples acquired in his district are purchased, handled and disposed of, in accordance with the above policy.
4.5 In cases where there is uncertainty about how a sample should be disposed of, contact the senior program officer for commodities for further guidance.
5.0 Revisions
The purpose of Revision 1 is to:
- change the agency name references from Legal Metrology to Measurement Canada;
- remove references to financial management and administrative policy documents that have been revoked;
- insert a reference to the Industry Canada Commodity Purchase Record, IC 3438 (1/96);
- clarify sample disposition options;
- make revisions to text.
6.0 Additional Information
For additional information regarding this bulletin, please contact your regional Commodities Coordinator.
Doug Hutchinson
Senior Program Officer
Weighing and Measuring Division
Program Development Directorate
- Date modified:
