The Weighing Equipment (Filling and Discontinuous Totalisting Automatic Weighing Machines) Regulations 1986

PART III E+W+S FILLING MACHINES

Principles of construction and marking E+W+S

14.—(1) Every filling machine which is not provided with a load receptor, the material being put directly into a container attached to the live part of the machine, shall be provided with a tare device. E+W+S

(2) Every movable filling machine shall be fitted with one or more level indicating devices.

Commencement Information

I1 Reg. 14 in force at 1.9.1986, see reg. 1

15.  Where a filling machine is provided with a manually controlled discharge facility it shall be so constructed that the facility cannot be operated during an automatic process. E+W+S

Commencement Information

I2 Reg. 15 in force at 1.9.1986, see reg. 1

16.  Every filling machine shall be provided with a clear indication of the exact quantity of material it purports to weigh. E+W+S

Commencement Information

I3 Reg. 16 in force at 1.9.1986, see reg. 1

17.  No filling machines shall be fitted with a rider or with a weight indicating device incorporating a device for interpolation of reading. E+W+S

Commencement Information

I4 Reg. 17 in force at 1.9.1986, see reg. 1

18.  Every filling machine passed as fit for use for trade on or after the date of coming into operation of these Regulations shall be legibly and durably marked, in addition to the markings required by Regulation 11 above, with:— E+W+S

(a) either—

(i) the maximum capacity, or

(ii) the maximum net capacity;

(b) the minimum load; and

(c) if applicable—

(i) the range of any tare device; and

(ii) the scale interval of all weight indicating, weight printing and tare devices.

Commencement Information

I5 Reg. 18 in force at 1.9.1986, see reg. 1

Manner of erection and use for trade E+W+S

19.—(1) Every filling machine in use for trade shall be so positioned as to facilitate cleaning and testing. E+W+S

(2) No person shall use for trade any filling machine fitted with level indicating devices unless each such device indicates that it has been set to its reference position.

Commencement Information

I6 Reg. 19 in force at 1.9.1986, see reg. 1

20.  Where a filling machine is marked with a temperature range, no person shall use the machine for trade in temperatures outside that range. E+W+S

Commencement Information

I7 Reg. 20 in force at 1.9.1986, see reg. 1

21.  Where a filling machine is fitted with a weight printing device, the machine shall be so erected and used that the printing device, when used, produces a clear and indelible printout for all loads within the weighing range of the machine. E+W+S

Commencement Information

I8 Reg. 21 in force at 1.9.1986, see reg. 1

Testing E+W+S

22.—(1) Every filling machine submitted for testing shall be completely assembled and in a clean condition. E+W+S

(2) A filling machine, other than one which has been transported without having been dismantled [F1 or is one where an inspector is satisfied that any dismantling and re-assembly or transportation of that filling machine to the position in which it is to be used could not, in his opinion, affect the accuracy or functioning of that filling machine,] shall not be tested, passed as fit for use for trade and stamped unless it has been completely erected ready for use and installed in the position in which it is to be used.

(3) For the purposes of the performance by an inspector of his functions under the Act or these Regulations relating to inspection, testing, passing as fit for use for trade and stamping of any filling machine, a person submitting such a machine to an inspector or who an inspector has reasonable cause to believe has control of such a machine for use for trade shall, if requested, provide for the inspector's use such material as the inspector may reasonably require, and any material so provided shall be returned to the person in question.

Textual Amendments

F1 Words in reg. 22(2) inserted (17.3.2000) by The Weighing Equipment (Filling and Discontinuous Totalising Automatic Weighing Machines) (Amendment) Regulations 2000 (S.I. 2000/387), regs. 1, 2(2)

Commencement Information

I9 Reg. 22 in force at 1.9.1986, see reg. 1

23.—(1) The inspector shall, subject to paragraph (2) below, test a filling machine in accordance with the provisions of Schedule 1 to these Regulations. E+W+S

(2) In the case of a machine made in accordance with a pattern in respect of which a certificate of approval is in force, being a machine for which certain of the testing provisions of Schedule 1 are not practicable or effective and which has a statement to that effect appended to the certificate of approval or the notice of examination in respect of that pattern, the machine shall, in place of the said testing provisions, be subject to any test or tests specified in the certificate of approval or the notice of examination.

Commencement Information

I10 Reg. 23 in force at 1.9.1986, see reg. 1

[F2 Filling Machines imported from [F3 a member State] or an EEA State E+W+S

23A.— (1) In relation to a filling machine imported into Great Britain from [F4 a member State] or from an EEA State, subject to paragraph (4) below, an inspector shall not carry out any test in accordance with the foregoing provisions of this Part of these Regulations if, together with the filling machine being imported, he is presented with the requisite documentation.

(2) In this regulation and in regulation 34 below–

(a) “requisite documentation” means–

(i) the test report of an approved body that the filling machine which is the subject of that report has been tested on the same basis as those set out in this Part of these Regulations and stating which tests have been applied to it; and

(ii) the test results relating to those tests; and

(b) “EEA State” means a State which is a Contracting Party to the EEA Agreement F5 ...; and in this paragraph “the EEA Agreement” means the Agreement on the European Economic Area signed at Oporto on 2nd May 1992 as adjusted by the Protocol signed at Brussels on 17th March 1993.

[F6 (3) A body is an “approved body” for the purposes of this regulation if it is a body in a member State or in an EEA State which has responsibility in that State for metrological control of filling machines or is a laboratory which has been accredited for the purposes of testing filling machines in a member State or in an EEA State as being a body which conforms with the criteria set out in BS EN ISO/IEC 17025:2000.]

(4) Nothing in these Regulations shall prevent an inspector testing in accordance with the foregoing provisions of this Part of these Regulations where he is not satisfied–

(a) as to the authenticity of the test report or the results presented to him; or

(b) that the test results presented to him are results which in fact relate to the filling machine being imported; or

(c) that the filling machine has not been dismantled after the tests to which the test report relates were carried out.]

Textual Amendments

F2 Reg. 23A inserted (17.3.2000) by The Weighing Equipment (Filling and Discontinuous Totalising Automatic Weighing Machines) (Amendment) Regulations 2000 (S.I. 2000/387), regs. 1, 2(3)

F3 Words in reg. 23A heading substituted (31.12.2020) by The Weighing and Measuring Equipment and Meters (Amendment of Secondary Legislation) (EU Exit) Regulations 2018 (S.I. 2018/1387), reg. 1(2), Sch. para. 3(2)(a); 2020 c. 1, Sch. 5 para. 1(1)

F4 Words in reg. 23A(1) substituted (31.12.2020) by The Weighing and Measuring Equipment and Meters (Amendment of Secondary Legislation) (EU Exit) Regulations 2018 (S.I. 2018/1387), reg. 1(2), Sch. para. 3(2)(b); 2020 c. 1, Sch. 5 para. 1(1)

F5 Words in reg. 23A(2)(b) omitted (31.12.2020) by virtue of The Weighing and Measuring Equipment and Meters (Amendment of Secondary Legislation) (EU Exit) Regulations 2018 (S.I. 2018/1387), reg. 1(2), Sch. para. 3(2)(c); 2020 c. 1, Sch. 5 para. 1(1)

F6 Reg. 23A(3) substituted (28.2.2003) by The Weights and Measures (Standards Amendment)Regulations 2003 (S.I. 2003/214), reg. 1, Sch. para. 2(i)