2010 No. 203
The Weights and Measures (Specified Quantities) (Pre-packed Products) Regulations (Northern Ireland) 2010
Made
Coming into operation
Citation and commencement1
These Regulations may be cited as the Weights and Measures (Specified Quantities) (Pre-packed Products) Regulations (Northern Ireland) 2010 and shall come into operation on 19 July 2010.
Interpretation2
The Interpretation Act (Northern Ireland) 19543 shall apply to these Regulations as it applies to an Act of the Assembly.
Amendment to the Weights and Measures (Northern Ireland) Order 19813
1
The Weights and Measures (Northern Ireland) Order 19814 is amended as follows.
2
For paragraph 2 of Schedule 4 (sand and other ballast) substitute—
2
Subject to paragraph 3, ballast—
a
if made up in advance ready for retail sale or wholesale in a securely closed container, shall be sold only by volume or by net weight, and
b
if not so made up, shall be sold only by volume in a multiple of 0.2 cubic metre or by net weight.
3
In paragraph 3 of Schedule 5 (solid fuel), for sub-paragraph (1) substitute—
1
Subject to sub-paragraph (3), solid fuel—
a
if made up in advance ready for retail sale or wholesale in a securely closed container, shall be sold only by net weight;
b
if not so made up—
i
shall be sold only in one of the following quantities by net weight, that is to say, 10, 15, 25, 50 or 62·5 kilograms; and
ii
except in a case where the provisions of paragraph 5 or of an order under paragraph 7(2)(a) or the provisions of Part III of this Schedule apply, the quantity by net weight of solid fuel shall be made known to the buyer before or at the time when he takes possession of the solid fuel.
4
For paragraph 2 of Part II of Schedule 6 (miscellaneous goods other than foods), substitute—
2
Subject to paragraph 3, any goods to which this Part applies—
a
if made up in advance ready for retail sale or wholesale in a securely closed container, shall be sold only by volume, and
b
if not so made up, shall be sold only by volume in a multiple of 0.1 cubic metre.
5
In Schedule 7 (composite goods and collections of articles)—
a
in paragraph 3(2)—
i
after “marked with” and before “an indication of quantity” insert—
a
an indication of the total capacity of the container (indicated in such a way as to avoid giving a false impression of the quantity of goods in the container), and
b
ii
for “net weight” substitute “net volume”; and
b
in paragraph 5, for “3” substitute “3(2)(b)”.
Amendment to the Weights and Measures (Knitting Yarns) Order (Northern Ireland) 19894
1
The Weights and Measures (Knitting Yarns) Order (Northern Ireland) 19895 is amended as follows.
2
For paragraph (1) of Article 2 substitute—
1
Subject to the following provisions of this Order—
a
knitting yarns made up in advance ready for retail sale in a securely closed container must be sold only by net weight in grams; and
b
knitting yarns not so made up must be pre-packed only in one of the following quantities by net weight in grams, that is to say 25, 50, 100, 150, 200, 250, 300, 350, 400, 450, 500, 1000.
3
In Article 3, after “packs of knitting yarn,” insert “then, unless the knitting yarn is made up in advance ready for retail sale in a securely closed container,”.
Amendment to the Weights and Measures (Intoxicating Liquor) Order (Northern Ireland) 19895
1
The Weights and Measures (Intoxicating Liquor) Order (Northern Ireland) 19896 is amended as follows.
2
For paragraph (2) of Article 1 substitute—
2
In this Order, except where the context expressly otherwise requires—
“the 1979 Act” means the Alcoholic Liquor Duties Act 19797;
“beer” and “cider” have the same meanings respectively as in section 1 of the 1979 Act but, in the case of “cider”, as if the definition in section 1(6) did not include the words “(or perry)” in either place where they occur or “or pear”;
“CN code” means a code comprised in the Combined Nomenclature;
“the Combined Nomenclature” means the Combined Nomenclature of the European Community8;
“made-wine” and “wine” have the same meanings respectively as in section 1 of the 1979 Act; and
references to a subheading are to a subheading of the Combined Nomenclature.
3
After Article 3 insert—
3A
1
Subject to paragraph (2), the intoxicating liquors specified in column 1 of Schedule A1 may be pre-packed only if they are made up in one of the quantities specified in column 3, subject to the exceptions specified in column 4.
2
Paragraph (1) does not apply to the intoxicating liquors specified in column 1 of Schedule A1 when they are sold duty-free for consumption outside the European Union.
3
Where two or more pre-packages make up a multi-pack, the quantities specified in column 3 of Schedule A1 apply to each pre-package.
4
For the purposes of this Article—
a
“pre-package” means a combination of a product and the individual package in which it is pre-packed; and
b
“pre-packed” means made up in advance ready for retail sale or wholesale in a securely closed container.
4
Omit Article 4.
5
In Article 6(1), for the words “the Schedule” in each place where they occur, substitute “Schedule 1”.
6
Renumber the Schedule as Schedule 1.
7
In Schedule 1, omit columns 2 and 3.
8
Insert the Schedule set out in the Schedule to these Regulations before Schedule 1.
Amendment to the Weights and Measures (Miscellaneous Foods) Order (Northern Ireland) 19896
1
The Weights and Measures (Miscellaneous Foods) Order (Northern Ireland) 19899 is amended as follows.
2
In Article 4, after paragraph (4) insert—
5
If any of the foods (other than chunk honey) specified in column 1 of Schedule 1 to this Order is made up in advance ready for retail sale or wholesale in a securely closed container, the requirement in paragraph (1) that it be sold only in one of the quantities specified in column 2 in relation to the food does not apply.
3
In Article 7—
a
in paragraph (1) omit “, when not pre-packed,”; and
b
in paragraph (2)—
i
after “paragraph (1)” insert “— (a)”; and
ii
at the end insert—
; and
b
a whole loaf of bread made up in advance ready for retail sale or wholesale in a securely closed container
4
In Article 12, omit paragraph (2).
Sealed with the Official Seal of the Department of Enterprise, Trade and Investment on 4th June 2010.
SCHEDULE
SCHEDULE A1
(1)
Product
(2)
Product Definition
(3)
Specified Quantities
(4)
Exceptions
Still wine
Wine as defined in Article 1(2)(b) of Council Regulation (EC) No 1493/1999 of 17 May 1999 on the common organisation of the market in wine (OJ L 179, 14.7.1999, p.1) as last amended by Regulation (EC) No 1791/2006 (OJ L 363, 20.12.2006, p.1) (CN code ex 2204).
Only the following specified quantities:
Containers of a capacity of less than 100 ml or more than 1500 ml
100 ml
187 ml
250 ml
375 ml
500 ml
750 ml
1000 ml
1500 ml
Yellow wine
Wine as defined in Article 1(2)(b) of Council Regulation (EC) No 1493/1999 of 17 May 1999 on the common organisation of the market in wine (OJ L 179, 14.7.1999, p.1) as last amended by Regulation (EC) No 1791/2006 (OJ L 363, 20.12.2006, p.1) (CN code ex 2204) with the designation of origin:
Only the following specified quantity:
Containers of a capacity of less than 100 ml or more than 1500 ml
620 ml
“Côtes du Jura”, “Arbois”, “L’Etoile” and “Château-Chalon” in “bottles” as defined in Annex 1, point 3 of Commission Regulation (EC) No 753/2002 of 29 April 2002 laying down certain rules for applying Council Regulation (EC) No 1493/1999 as regards the description, designation, presentation and protection of certain wine sector products (OJ L 118, 4.5.2002, p.1) as last amended by Regulation (EC) No 382/2007 (OJ L 95, 5.4.2007, p.12).
Sparkling wine
Wine as defined in Article 1(2)(b) and in Annex 1, points 15, 16, 17, and 18 of Council Regulation (EC) No 1493/1999 of 17 May 1999 on the common organisation of the market in wine (OJ L 179, 14.7.1999, p.1) as last amended by Regulation (EC) No 1791/2006 (OJ L 363, 20.12.2006, p.1) (CN code 2204 10).
Only the following specified quantities:
Containers of a capacity of less than 125 ml or more than 1500 ml
125 ml
200 ml
375 ml
750 ml
1500 ml
Liqueur wine
Wine as defined in Article 1(2)(b) and in Annex 1, point 14 of Council Regulation (EC) No 1493/1999 of 17 May 1999 on the common organisation of the market in wine (OJ L 179, 14.7.1999, p.1) as last amended by Regulation (EC) No 1791/2006 (OJ L 363, 20.12.2006, p.1) (CN code 2204 21 – 2204 29).
Only the following specified quantities:
Containers of a capacity of less than 100 ml or more than 1500 ml
100 ml
200 ml
375 ml
500 ml
750 ml
1000 ml
1500 ml
Aromatised wine
Aromatised wine as defined in Article 2(1)(a) of Council Regulation (EEC) No 1601/91 of 10 June 1991 laying down general rules on the definition, description and presentation of aromatised wines, aromatised wine-based drinks and aromatised wine-product cocktails (OJ L 149, 14.6.1991, p.1) as last amended by the Treaty concerning the accession of the Republic of Bulgaria and Romania to the European Union (OJ L 157, 21.6.2005, p.1) (CN code 2205).
Only the following specified quantities:
Containers of a capacity of less than 100 ml or more than 1500 ml
100 ml
200 ml
375 ml
500 ml
750 ml
1000 ml
1500 ml
Spirit drinks
Spirit drinks as defined in Article 1(2) of Council Regulation (EEC) No 1576/89 of 29 May 1989 laying down general rules on the definition, description and presentation of spirit drinks (OJ L 160, 12.6.1989, p.1) as last amended by the Treaty concerning the accession of the Republic of Bulgaria and Romania to the European Union (OJ L 157, 21.6.2005, p.1) (CN code 2208).
Only the following specified quantities:
Containers of a capacity of less than 100 ml or more than 2000 ml
100 ml
200 ml
350 ml
500 ml
700 ml
1000 ml
1500 ml
1750 ml
2000 ml
(This note is not part of the Regulations.)