Desiccating goods (products that lose weight due to evaporation)
Some goods that are packaged to a stated net quantity may lose weight or volume over time through moisture loss. In some cases these may be considered to be 'desiccating goods'.
Desiccating goods
The Weights and Measures Act 1987 (the Act) defines desiccating goods as "any goods made up in a package that lose weight or volume solely through evaporation when the package is made up”.
Evaporation can occur when goods prone to desiccation are kept in conditions which lead to moisture loss from the package.
Evaporation of moisture may cause volume or weight loss. This might cause a package to contain less than what's stated on the package or label.
Offence to sell short quantity packaged goods
It's an offence if the weight or measure of goods in a package is less than what it says on the package or label.
Weights and Measures Act 1987 — Section 16A, Offence to supply weight, measure, or number not in accordance with stated quantity(external link) — New Zealand Legislation
Trading Standards Officers check that your goods contain the amount on the package or label. If you think your goods have lost weight or volume because of evaporation, the desiccating goods defence may apply.
If these defences don't apply, you may be penalised. The penalty for this offence is a $500 Infringement Offence Notice or a fine of up to $10,000.
The defences
The Weights and Measures Act provides 2 defences for packages containing desiccating goods. These are detailed in Section 16A(4) and Section 16A(5).
Section 16A(4) and Section 16A(5)(external link) — New Zealand Legislation
Defence under Section 16A(4)
A person can defend the charge if they can prove that the short weight package was part of a lot of packages that meets the requirements of the Average Quantity System (AQS). They must prove this within the required period. The required period begins when the package was made up and ends 7 days afterwards.
Defence under Section 16A(5)
A person can also defend the charge if they can prove that after the required period there are no inadequate packages in a sample taken from the lot, as per the requirements of the Average Quantity System (AQS).
Note: neither defence can be applied to goods packaged at varying quantities, referred to as 'catch weight goods'. The desiccating goods defences can only be applied to packages of goods where the contents and weight of each package is the same.
See the Catch weight goods section for more information.
Desiccating goods defence timeframes
Text alternative of diagram
The diagram shows a calendar that explains when each of the 2 defences applies.
- To use the Section 16A(4) defence, goods must comply with all AQS requirements during the 7-day period after packing, the required period.
- For the Section 16A(5) defence, used after the required period, it must be proven that a sample from the lot contains no inadequate packages.
Desiccating goods imported from Australia
More information on desiccating goods imported into New Zealand from Australia is on the page below.