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Garden landscape material means any of the following: soil, pebbles, crushed tile, crushed rock, pine bark, mulch, pacific coral, river stones, crushed material mix and any similar substance for use in gardens.
Trade measurement laws do not specify how garden landscape supplies must be sold. However, certain parts of the legislation imply the following general requirements when selling supplies by measurement.
Loose garden landscape materials may be sold by volume, weight, or as a heap, truck/trailer load or loader bucket.
All prepackages (unless exempt, see below) must be clearly marked with the name and street address of the packer or party accepting responsibility for packing. The use of a post office box, locked bag, telephone number or email is not acceptable.
Where material is prepacked for sale, the package must be marked with its net measurement on the principal display panel (unless the package exceeds 75 kg).
If 45 packages or less have a total weight of 1 t (i.e. each package weighs more than 22 kg), the measurement marking on each package may be written in terms of the number of packages that make up 1 t (e.g. 28 bags to the tonne).
Prepackages must not contain less than the stated amount at all times prior to sale. Allowance for any expected rate of loss of volume or weight over time must be made when packing, transporting and storing the material. There are two ways of determining whether a package contains a shortfall.
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Some bags (prepackages) of garden landscape material are exempt from the marking requirements detailed above because the density of the product is highly variable, e.g. pine bark feature mix, pine bark nuggets, pre-planted mushroom spawn, tree bark and articles that contain compost, farmyard manure, garden peat, leaf mould, peat moss, sphagnum moss, tanbark and other similar substances.
The national trade measurement laws outline a number of offences including:
Breaches of the trade measurement laws could lead to an infringement notice or prosecution.
The main laws covering trade measurement are the National Measurement Act and the National Trade Measurement Regulations. The following refer to the sale of garden landscape materials: regulation 4.2(1) and schedule 4 5.8.
For more information contact 1300 686 664, email@example.com or use our on-line form.
Selling landscape material by measure
Methods of sale
Prepackaged landscape material
Exemptions from labelling
Offences and penalties
For more information
What is trade measurement?
Average quantity system