The Measuring Equipment (Capacity Measures and Testing Equipment) Regulations 1995

Passing as fit for use for trade and stamping E+W+S

16.—(1) Save in the case of capacity measures imported from [F1 a member State] or an EEA State, no capacity measure shall be passed as fit for use for trade unless—

(a) on testing,—

(i) it falls within the prescribed limits of error;

(ii) an inspector is of the opinion that it is not constructed in a manner which facilitates fraudulent use and that it does not bear any decorations or designs which might cause confusion in use; and

(iii) it complies with all the appropriate requirements of these Regulations; or

(b) in the case of a measure which has not been tested, it forms part of a group of measures treated under regulation 12(7) above as having satisfied the test or tests therein mentioned.

(2) In the case of capacity measures imported from [F2 a member State] or an EEA State, no capacity measure shall be passed as fit for use for trade unless—

(a) either—

(i) where the requisite documentation is presented in accordance with regulation 13 above, the test report recites and the test data confirm to the satisfaction of the inspector that on testing in accordance with provisions of the law of a member State or EEA State it fell within limits of error which afford in use at least an equivalent standard to the prescribed limits of error and, in the case of dispensing measures for pharmaceutical purposes, BS 604: 1982 or BS 1922: 1987; or

(ii) in the case of a measure which has not been tested, it formed part of a group of measures treated under provisions of the law of a member State or EEA State corresponding to regulation 12(7) above as having satisfied a relevant test or tests; or

(iii) it complies with all the relevant requirements of these Regulations; and

(b) the inspector is of the opinion that it is not constructed in a manner which facilitates fraudulent use and that it does not bear any decorations or designs which might cause confusion in use.

(3) No measure (not being a single measure) shall be passed as fit for use for trade unless it is a double measure.

(4) Where practicable, the stamp shall be placed on the outside of the measure, adjacent to the marking of the amount of nominal capacity, but in any other case shall be applied to a metal plate permanently attached to the measure.

(5) No capacity measure shall be stamped unless—

(a) its nominal capacity is marked on its outside surface and is so marked conspicuously, legibly and durably—

(i) on the body of the measure adjacent to the brim or to the line denoting the nominal capacity or, in the case of a measure without scale marks, at approximately mid-height, or

(ii) on a shield or plate permanently attached to the outside of the measure,

and not on any handle, rim, edge or stem;

(b) in the case of a line measure, its nominal capacity is denoted by a line (which shall, in the case of a measure made of opaque material, be marked on the inside surface);

(c) the scale marks are marked on the measure in the same field of view as the mark of the nominal capacity, and

(i) in the case of a graduated measure, are numbered at appropriate intervals, and

(ii) in the case of a sub-divided measure, are marked with the capacity they are intended respectively to indicate; and

(d) any name or trade mark marked on the measure—

(i) is in lettering which is smaller than the marking of its nominal capacity, and

(ii) is so marked as not to cause confusion with the marking of the nominal capacity.

(6) No graduated or sub-divided measure shall be stamped unless it is made of translucent or transparent material.

(7) For the purposes of paragraph (5)(a) above, the capacity of a measure—

(a) shall be marked,—

(i) before 1st October 1995, in full in gallons, quarts, pints, gills, fluid ounces, litres, centilitres or millilitres, and

(ii) on and after that date in full in pints, litres, centilitres or millilitres,

or by the appropriate abbreviation or symbol in accordance with regulation 2(2) above; and

(b) may be accompanied by a supplementary indication F3 ... of quantity,—

(i) in the case of a measure marked in gallons, quarts, pints, gills, fluid ounces, expressed in litres, centilitres or millilitres, or

(ii) in the case of a measure marked in litres, centilitres or millilitres, expressed in full in gallons, quarts, pints, gills, fluid ounces,

or by the appropriate abbreviation or symbol in accordance with regulation 2(2) above.

Textual Amendments

F1 Words in reg. 16(1) substituted (31.12.2020) by The Weighing and Measuring Equipment and Meters (Amendment of Secondary Legislation) (EU Exit) Regulations 2018 (S.I. 2018/1387), reg. 1(2), Sch. para. 6(4); 2020 c. 1, Sch. 5 para. 1(1)

F2 Words in reg. 16(2) substituted (31.12.2020) by The Weighing and Measuring Equipment and Meters (Amendment of Secondary Legislation) (EU Exit) Regulations 2018 (S.I. 2018/1387), reg. 1(2), Sch. para. 6(4); 2020 c. 1, Sch. 5 para. 1(1)

F3 Words in reg. 16(7)(b) omitted (1.1.2010) by virtue of The Weights and Measures (Metrication Amendments) Regulations 2009 (S.I. 2009/3045), regs. 1, 3(2)(f)

Commencement Information

I1 Reg. 16 in force at 10.4.1995, see reg. 1(1)