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4. The Measuring Equipment (Capacity Measures and Testing Equipment) Regulations 1995(1) shall be amended—
(a)in regulation 3,—
(i)in paragraph (1), after sub-paragraph (f), by the addition of the following sub-paragraph—
“(g)capacity measures being containers which—
(i)have been supplied by retail containing a cosmetic product;
(ii)are provided by an individual to a retailer; and
(iii)are used by the retailer in the presence of the individual in ascertaining or determining the amount by volume of a cosmetic product which is of the same description as that mentioned in (i) above and is to be supplied to him in the container,
and in this sub-paragraph “cosmetic product” means any substance or preparation intended to be placed in contact with the various external parts of the human body (that is to say, the epidermis, hair system, nails, lips and external genital organs) or with the teeth and the mucous membranes of the oral cavity with a view exclusively or mainly to cleaning them, perfuming them, changing their appearance, correcting bodily odours, protecting them or keeping them in good condition.”;
(ii)in paragraph (2), by the substitution for “16(3)” of “16(4)”;
(iii)in paragraph (4), by the substitution for “regulation 16(4)(c)” of “regulation 16(5)(c)”;
(b)in regulation 11, by the substitution for “This inspector” of “The inspector”;
(c)in regulation 12:
(i)in paragraph (1), in sub-paragraph (a), by the insertion after the word “measures” of the word “of”; and
(ii)in paragraph 4(a), by the deletion of the words “and tested”;
(d)in Schedule 2, in the Table, in the column headed “(2)”, by the substitution for “100 ml” of “100 ml, 70 ml*”; and
(e)in Schedule 2, Note 2, the insertion after the words “1 gal,” of the words “½ gal,”.
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