Scope of application

3.—(1) Subject to paragraphs (2) to (6), these Regulations apply to:

(a)packages intended for sale in constant unit nominal quantities which are:

(i)equal to values predetermined by the packer;

(ii)expressed in units of weight or volume; and

(iii)of not less than 5 grams or 5 millilitres and not more than 25 kilograms or 25 litres;

(b)outer containers.

(2) These Regulations also apply to bread which is sold either unwrapped or in open packets if:

(i)it has been made up to a pre-determined constant quantity; and

(ii)it is intended for sale in constant unit nominal quantities expressed in units of weight, which are not less than 300 grams per loaf and not more than 10 kilograms per loaf.

(3) Schedule 5 sets out modifications in the application of these Regulations to bread.

(4) These Regulations do not apply to packages which are not marked with the E-mark and which:

(a)contain a product which is intended solely for use in, or in connection with, a process or treatment in the course of a trade or business;

(b)contain a product which is:

(i)intended, and which would normally be regarded as appropriate, for sale to an ultimate consumer; and

(ii)made up in quantities of less than 5 grams or 5 millilitres;

where the packages are not intended, or would not normally be regarded as appropriate, for sale to an ultimate consumer;

(c)contain a single application of a cosmetic product;

(d)are intended for despatch outside the United Kingdom;

(e)are intended for use by Her Majesty's forces or by a visiting force within the meaning of any of the provisions of Part I of the Visiting Forces Act 1952 M1;

(f)are intended for use as stores within the meaning of the Customs and Excise Management Act 1979 M2 in a ship, aircraft or hovercraft on a voyage or flight to an eventual destination outside Great Britain; or

[F1(g)contain sugar in a quantity of less than 20 g.]

F2(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F3(6) The labelling requirements do not apply to pre-packed food that is not marked with the E-mark, except that Regulation 8(1) shall continue to apply where trade practice provides that liquid products may be marked with nominal quantity by weight and that packages containing other products may be marked with nominal quantity by volume.]

[F4(7) The obligations on the importer set out in regulation 5(1)(b) and regulation 6(1)(c) to ensure the package or outer container is marked with specified contact information do not apply where—

(a)the importer has imported the package or outer container from an EEA state within the period of [F5seven years] beginning with IP completion day; and

(b)it is marked with the contact information of the person in that EEA state who packed or imported the package or who arranged for the packer to make up or the importer to import the package.]

Textual Amendments

Marginal Citations