I16

F21

Where intoxicating liquor or other liquids specified in column 1 of Schedule 1—

a

are pre-packed in a closed container for direct sale (within the meaning of Article 2(2)(e) of the FIC Regulation); or

b

are, in the case of those specified in Part III of Schedule 1, made up in a closed container for relevant wholesale,

the container must, subject to the exemptions specified in column 4 of Schedule 1, be marked with an indication of quantity by volume.

2

Intoxicating liquor of any other description shall be pre-packed F3for direct sale (within the meaning of Article 2(2)(e) of the FIC Regulation) in a closed container in a quantity of 5 ml or more but not exceeding 5 L only if the container is marked with an indication of quantity by volume.

F13

For the purposes of this article—

a

“mass caterer” means any establishment (including a vehicle or a fixed or mobile stall), such as restaurants, canteens, schools, hospitals and catering enterprises in which, in the course of a business, food is prepared to be ready for consumption by the final consumer; and

b

“relevant wholesale”, in relation to food to which this article applies, means a sale by way of wholesale, but does not include any of the following:

i

a sale to a mass caterer;

ii

a supply of food that is prepacked food within the meaning of the FIC Regulation intended for sale to the final consumer or to a mass caterer, or any other supply of food that is made up in advance ready for retail sale in an open container; or

iii

a supply to which Article 8(8) of the FIC Regulation applies;