37. In regulation 3—
(a)for subparagraph (4)(g) substitute—
“(g)contain sugar in a quantity of less than 20 g.(1)”;
(b)for paragraph (6) substitute—
“(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.”
Exemptions from the requirements of the Weights and Measures (Packaged Goods) Regulations 2006 for small quantities of certain packaged goods which are not marked with the E-mark are in general incompatible with Regulation (EU) No 1169/2011 of the European Parliament and of the Council on the provision of food information to consumers and cannot be maintained after 13 December 2014. However, Article 11 of that Regulation provides that it is without prejudice to more specific EU provisions on weights and measures: Article 2(2) of Council Directive 2001/111/EC of 20 December 2001 relating to certain sugars intended for human consumption provides an exemption from quantity labelling for pre-packed sugar in a quantity of less than 20 g, therefore an exemption is permitted in relation to sugar.