The Weights and Measures Act 1963 (Various Foods) (Amendment No. 2) Order 1985

EXPLANATORY NOTE

This Order amends the Weights and Measures Act 1963 (Intoxicating Liquor) Order 1984 by adding to the range of prescribed quantities for pre-packed wine and grape must the quantities of 6, 9 and 10 litres and, for consumption on board ships and aircraft only, 18.7 cl. This implements Council Directive 85/10/EEC.

This Order also amends the Weights and Measures Act 1963 (Cheese, Fish, Fresh Fruits and Vegetables, Meat and Poultry) Order 1984. The changes are as follows:—

(1) Article 4 is extended to apply to any article which, though it also contains other food, consists substantially of cheese.

(2) The exemption in Article 4(7)(a) is extended to cover cheese and fish pies, puddings and flans and is limited to the case where the number of items if more than one in the container is either marked on the container or is clearly visible and capable of being easily counted through the container.

(3) Parts of fruits or vegetables consisting of countable produce may be sold either by net weight or by number.

This Order also amends the Weights and Measures Act 1963 (Miscellaneous Foods) Order 1984. The changes are as follows:—

(1) The definition of “flour confectionery” is amended to make it clear that it includes food consisting of eg pies, puddings and flans filled with vegetable or microbial protein material. This brings such food into line with cheese, fish, meat and poultry puddings and flans covered by the Weights and Measures Act 1963 (Cheese, Fish, Fresh Fruits and Vegetables, Meat and Poultry) Order 1984.

(2) Article 13(1) is amended to require flour confectionery, other than uncooked and unfilled pastry or shortbread, to be pre-packed only if the container is marked with an indication of quantity by number or if the number of items if more than one in the container is clearly visible and capable of being easily counted through the container, and flour confectionery is deleted from Article 14(3)(a).

(3) The exemption in Article 14(3)(i) in respect of single portion vending machine beverage packs from the requirement to indicate on the container quantity by net weight or capacity measurement applies whether or not the pack contains foods which are otherwise required to be marked with an indication of quantity.

(4) Proviso (b) to Article 6(3) and Schedule 1 are amended so that the exemption from quantity marking in respect of shortbread where each piece weights more than 200 g and of bread in the form of a whole loaf is limited to the case where the number of items in the container if more than one is clearly visible and capable of being easily counted through the container.

(5) An addition has been made to make it clear that the transitional provisions in Article 16 apply to food which is pre-packed or otherwise made up in a container for sale.

A drafting amendment is made to all the above Orders to make it clear that the provisions as to multipacks apply notwithstanding the previous provisions of the Orders.

Transitional provisions are also included in the Order to allow time for products, which comply with the provisions of the existing principal Orders, to be sold by manufacturers, importers, wholesalers and retailers, notwithstanding that the products do not comply with the Order.