Bill discriminatory

Manufacturers and Exporters are opposed to a plan by the government to change the measurement system from imperial to metric, saying the law is discriminatory.

The President of the Samoa Association of Manufacturers and Exporters (S.A.M.E.), Tagaloa Eddie Wilson, says local businesses will lose out if the proposed Metrology Bill becomes law.

In a submission made to the Ministry of Commerce, Industry and Labour (M.C.I.L.), Tagaloa argues that the Bill disadvantages locally manufactured and produced packaged goods.

“During these consultations S.A.M.E. presented its position that the proposed Bill, discriminates against local manufactured and produced packaged goods by imposing the obligation for local manufacturers and producers to comply by the rules and regulations set out in the act, whilst exempting similar imported packaged goods from overseas,” said Tagaloa.

As a result, the legislation will marginalise the ability of local manufacturers to compete on a level playing field against similar imported products.

S.A.M.E. proposes that a fair and equitable solution to this anomaly is for imported packaged (or) labelled products to not be exempted, but rather have these subject to compliance with the rules and regulations imposed by the bill.

Samoa is in the process of graduating from its L.D.C. (Least Developed Country) status and has become a member of the World Trade Organization (W.T.O.).

These developments have increased the importance of survival of the private sector based on its competitiveness, not only against imported products into Samoa but also in export markets.

The legislation as is, will unfairly erode the competitiveness of locally manufactured and produced packaged and labelled goods against similar imported goods.”

The Bill was introduced in Parliament by deputy Prime Minister, Fonotoe Pierre Lauofo, during its last session.

According to Tagaloa, the Bill should stipulate a process of consultation between stakeholders and the Ministry before the establishment of standards.

“The bill should take into account the inherent risk of the ministry not having sufficient resources and expertise in policing; monitoring and ensuring compliance,” he said.

“The Bill discriminates against locally manufactured and produced packaged goods by excluding similar imported products which are exempted from scrutiny under the Bill.”

“ Some examples of discrimination discussed by S.A.M.E. are that certain imported packaged (or) labelled retail products use “Gross Weight”, do not include the words “Net Weight”)(and) use non-metric weights and measures.

“The discriminatory aspect is that products sold by “Gross Weight” will at first instant to the consumer, appear as having more volume (or) quantity then the same (or) similar locally manufactured (or) produced product which will be required to be labelled as “Net Weight”.

“The use of non-metric weights in other imported products will make it more difficult (or) confusing to local consumers when comparing these to similar locally produced goods.”

Tagaloa said in regards to the issue of weights and measures relating to goods or products sold in retail form by retailers, such as bulk productssold in smaller retail sizes, S.A.M.E. recommended that the committee consult and seek submission from the Samoa Chamber of Commerce on this important aspect.

He said during the consultations with the committee and subsequent discussions with the Ministry, the following aspects were agreed to, for S.A.M.E. to make a submission of its official position on the Bill.

“That S.A.M.E. as part of its ongoing International Certification Program could assist the Ministry in its role in setting standards, monitoring and compliance evaluation and monitoring,” says Tagaloa.

Agreement was reached with the Ministry to look at removing the discriminatory aspect of the bill against locally manufactured and produced packaged goods, by including imported packaged (or) labelled goods for scrutiny under the bill.

Tagaloa said S.A.M.E. recommends the relevant sect i o n s of the Bill be amended to include imported retail packaged and labelled products for scrutiny under this legislation.