White Paper

Pattern Approval Law

A Regulation for Trade in Malaysia

The aim of this white paper is to explain the Government of Malaysia's new Pattern
Approval law. This law affects all industries in Malaysia that conduct business using
measurement instruments. This white paper details which instruments in a weighbridge
application require Pattern Approval. Failure to comply with the Government of
Malaysia's Pattern Approval law can result in a monetary fine and/or imprisonment.

Contents

1. Introduction

1.1 What is Pattern Approval?

1.2 Why is Pattern Approval Important?

2. The Pattern Approval Law

2.1 The Organizations Involved

2.2 Law & Penalty

2.3 Why this Law Matters

2.4 Pattern Approval vs. Verification

3. Approved Equipment

3.1 A Weighing Application

3.2 A Weighbridge Application

3.3 Existing Instruments

4. Conclusion
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1. Introduction
1.1. What is Pattern Approval?
Pattern approval is a process whereby an impartial body examines the pattern (design)
of an instrument to ensure its quality, ability to retain its calibration over a range of
environmental and operating conditions, and inability to facilitate fraud.

1.2. Why is Pattern Approval Important?

The Weights and Measures Department (W&M) annually tests and stamps all
measurement instruments used to buy or sell products by weight in Malaysia.
Beginning January 1, 2021, W&M will only stamp instruments that are Pattern
Approved.
Pattern Approval ensures that an instrument is of good quality and able to produce
accurate measurements. This is a protection for the business and the customer that a
fair trade can take place based on the instrument's measurement.

2. The Pattern Approval Law

2.1. The Organizations Involved
The Pattern Approval law is written and enforced by a ministry of the Government of
Malaysia called the Ministry of Domestic Trade and Consumer Affairs, abbreviated
KPDNHEP. The Weights and Measures Department, under the KPDNHEP, currently
verifies measurement instruments by testing annually. This same W&M Department will
now enforce the Pattern Approval law stated in the following section.
ASEAN, the Association of Southeast Asian Nations, agreed on harmonizing the
implementation of Pattern Approval using the International Organization of Legal
Metrology (OIML) documents as the basis for harmonization.
The Pattern Approval procedures guarantee that the same standard applied in ASEAN
and that an instrument accepted in any one of those markets will be accepted in any
other market within ASEAN. The ASEAN Guidelines on Pattern Approval Control represents
a harmonized approach and is in conformity with current international requirements.
Note: Some publications and relevant OIML documents refer to 'Type Approval' rather
than 'Pattern Approval' but the meaning of the two concepts are exactly same.

2.2. Law & Penalty

The Ministry of Domestic Trade and Consumer Affairs, is a ministry of the Government of
Malaysia that is responsible for domestic trade, co-operatives, consumerism, franchise,
companies, intellectual property, competition, controlled goods, price control, pyramid
scheme, and consumer rights. The Weights and Measures Department, under the
KPDNHEP has announced that starting from the 1st of January 2021, pattern/type
approval of weighing and measuring instruments used for trade purposes must obtain
pattern/type approval from the custodian the National Measurement Standards
Laboratory (NMIM-SIRIM). The Weights and Measures ACT 1972 (Act 71) is as follows:

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 Sect.18 (1) (d) stated that no person shall make or sell or attempt to sell any
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weight or measure or instrument for weighing or measuring for use for trade
where such weight or measure or instrument present unusual features which do
not conform with such pattern or specification as the custodian of weights and
measures.
Sect.18 (2) stated any person contravening the above provision shall be guilty
of offence, liable to a fine not exceeding Forty Thousand Ringgit or to
imprisonment not exceeding three years or both.

2.3. Why this Law Matters

The trade of goods is vital to the economy. Many of these goods are bought and sold
based on weight. This is why it is crucial that measurement instruments are accurate.
Accurate measurements of goods safeguard fair trade for both the buyer and seller of
goods.
In Malaysia, the Weights and Measures Department tests all measurement instruments
annually to ensure accuracy. When an instrument passes this test, it is said to be
"stamped" as legal-for-trade. This approval falls short because it only ensures the
instrument is accurate on that day. Pattern Approval goes beyond this by ensuring that
all measurement instruments used for trade are of good quality and incapable of
facilitating fraud. As of January 2021, for an instrument to be stamped by W&M it must
be Pattern Approved.

2.4. Pattern Approval vs. Verification (W&M stamping)

Verification is a process that is capable of being applied to every regulated instrument
determined by the Weights and Measures Department. It requires relatively simple
equipment, but it can only test for accuracy at current operating conditions and visual
inspection. Verification does not guarantee that an instrument will continue to operate
properly over its working lifetime. Yearly verification by the Weights and Measures
Department is mandatory.
Pattern approval, however, involves lengthy and rigorous testing of an instrument over a
wide range of operating conditions using expensive equipment and skilled personnel.
The “pattern”, or design, is the basis for approval and gives an assurance that the
instrument will work satisfactorily over its working lifetime. Additional checks may be
required so that the Weights & Measures Department can be satisfied that all instruments
of that pattern are satisfactory.

There are two main interactions between pattern approval and verification.
The first is that verification can be one of the means of policing pattern approval.
Verification officers are able to check whether an instrument is of a pattern approved for
use, either through labelling or by accompanying documentation. The experience gained
during verifications may justify later changes in the pattern approval concerning
instrument design, manufacturing process, application of the type, or required
verification procedures; in extreme cases, it might even result in withdrawal of the
approval.
Second, the pattern approval process may itself identify matters which verification
officers should look out for and will inform decisions on matters such as reverification
periods.

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3. Approved Equipment
3.1. A Weighing Application
All weighing applications involve a measuring device (the scale) and a display (the
terminal). In some cases the measuring device and display are contained in one
instrument. In weighing applications where goods are traded based on weight, the scale
and terminal must be Pattern Approved. Additionally, when software is in use in these
applications, that software most also be Pattern Approved.
3.2. A Weighbridge Application
In a typical weighbridge application, goods are loaded onto a truck and the transaction
cost is based on the net weight of the load. In an application like this, where trade
occurs based on the weight of the truckload, the load cells, weighbridge, scale indicator,
and software (when applicable) must be Pattern Approved. METTLER TOLEDO offers
complete truck scale solutions that are Pattern Approved; this means the instruments and
software are ready for NMIM-SIRIM approval once installed onsite.

3.3. Existing Instruments

Existing instruments must adhere to the Pattern Approval law. If a business owner has
measurement instruments that do not have Pattern Approval, he/she will need to either
replace the instruments with approved instruments or he/she will need to engage a
weighing service provider to submit an application to NMIM-SIRIM with detailed
information about the design of the instrument. If a business owner continues to use,
sell or sell off of non-Pattern Approved instrument after the stipulated date, he/she will be
fined and/or imprisoned according to ACT 1972 (Act 71) Section 18 (2).

4. Conclusion
As of January 2021, all measurement instruments used for trade in Malaysia must
obtain Pattern Approval. The Weights and Measures Department will not perform
annual validation on a measurement instrument that is not Pattern Approved. METTLER
TOLEDO offers weighing solutions that have already obtained this approval. Failure to
comply with the Government of Malaysia's Pattern Approval law can result in a fine or
imprisonment. Please contact the local METTLER TOLEDO office to find out more about
our Pattern Approved weighing solutions.

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