(1)It shall be the duty of a person who is the packer or importer of a regulated package to ensure that the container included in the package is marked before the prescribed time and in the prescribed manner with—
(a)a statement of quantity in prescribed units either of weight or of volume, as regulations require, and
(b)his name and address or a mark which enables his name and address to be readily ascertained by an inspector, or—
(i)if he is the packer of the package, the name and address of a person who arranged for him to make up the package or a mark which enables that name and address to be readily ascertained by an inspector,
(ii)if he is the importer of the package, the name and address of the packer of the package or of the person who arranged for the packer to make up the package or a mark which enables the name and address of the packer or that person to be readily ascertained by an inspector, and
(c)if regulations so provide, a mark allocated to him by a scheme in pursuance of section 58 below for the purpose of enabling the place where the package was made up to be ascertained.
(2)If at the time when a regulated package is made up or imported the container included in the package is not marked with such a statement as is mentioned in paragraph (a) of subsection (1) above, it shall be the duty of the packer or, as the case may be, the importer of the package—
(a)to decide what statement he proposes to mark on the container in pursuance of that paragraph, and
(b)to make at that time, and to maintain for the prescribed period, a record of the statement.
(3)Until the time mentioned in subsection (1) above or any earlier time at which the container is actually marked in the prescribed manner in pursuance of paragraph (a) of that subsection, it shall be treated for the purposes of this Part of this Act as marked with the statement in the record.
(4)A statement applied to a package in pursuance of subsection (1)(a) above shall be deemed not to be a trade description within the meaning of the [1968 c. 29.] Trade Descriptions Act 1968.