The Weights and Measures (Miscellaneous Foods) Order 1988

Interpretation E+W+S

2.  In this Order, unless the context otherwise requires—

[F1 (1)]   “the Act” means the Weights and Measures Act 1985;

“biscuits” includes wafers, rusks, crispbreads, extruded flatbread, oatcakes and matzos;

“bread” means bread in any form other than breadcrumbs and includes the following, and any part of the following that is to say, fancy loaves and milk loaves, and “loaf” in relation to bread includes a roll and a bap; and for the purposes of this Order any pre-packed sliced bread shall be deemed to be a whole loaf of bread and the pre-packing of sliced bread in any quantity by net weight shall be deemed to be the making for sale of a whole loaf of bread of that net weight;

“casein” and “caseinate” have the same meanings as they have in the Caseins and Caseinates Regulations 1985(1);

[F2 “chicory”, “chicory extract paste”, “coffee extract paste”, “instant chicory”, “instant coffee”, “liquid chicory extract” and “liquid coffee extract”, have the same meanings—

(a)

in relation to the application of this Order to England, as in the Coffee Extracts and Chicory Extracts (England) Regulations 2000;

(b)

in relation to the application of this Order to Scotland, as in the Coffee Extracts and Chicory Extracts (Scotland) Regulations 2001, and

(c)

in relation to the application of this Order to Wales, as in the Coffee Extracts and Chicory Extracts (Wales) Regulations 2001;]

[F3 “chocolate confectionery” means any food which is ready for consumption without further preparation, of which a characterising ingredient is chocolate, cocoa or non-fat cocoa solids, and includes food of which a characterising ingredient is carbohydrate sweetening matter and which has a chocolate or chocolate-flavoured coating, but does not include any biscuits, chocolate products, flour confectionery or edible ice;]

[F4 “chocolate product” means—

(a)

in relation to the application of this Order to England, any chocolate product to which the Cocoa and Chocolate Products (England) Regulations 2003 apply;

(b)

in relation to the application of this Order to Scotland, any chocolate product to which the Cocoa and Chocolate Products (Scotland) Regulations 2003 apply; and

(c)

in relation to the application of this Order to Wales, any chocolate product to which the Cocoa and Chocolate Products (Wales) Regulations 2003 apply;

“cocoa product” means—

(a)

in relation to the application of this Order to England, any cocoa product to which the Cocoa and Chocolate Products (England) Regulations 2003 apply;

(b)

in relation to the application of this Order to Scotland, any cocoa product to which the Cocoa and Chocolate Products (Scotland) Regulations 2003 apply; and

(c)

in relation to the application of this Order to Wales, any cocoa product to which the Cocoa and Chocolate Products (Wales) Regulations 2003 apply;]

“cocoa product” and “chocolate product” shall include a product specially prepared for diabetics or to which a slimming claim (as defined in the said Regulations) is lawfully applied and which has been specially prepared in connection with that claim by the addition of any ingredient other than an edible substance as so defined;

[F5 “coffee” means the dried seed of the coffee plant whether such seed has been roasted or ground or both roasted and ground;]

[F6 “coffee bag” means a permeable sealed bag, which is intended to be immersed in water or to have water percolated through it, containing coffee, or a coffee mixture, or a combination of either coffee or a coffee mixture (or both) with a lesser quantity of instant coffee]

[F7 “condensed milk” means milk, partly skimmed milk or skimmed milk or any combination thereof, whether with or without the addition of cream, dried milk or sucrose, which has been concentrated by the partial removal of water, but does not include dried milk;]

[F8 “container”, in relation to cocoa products, chocolate products and fancy chocolate products, includes any form of packaging of goods for sale as a single item, whether by way of wholly or partly enclosing the food or by way of attaching the food to some other article, and in particular includes a wrapper or confining band, but does not include any crimp case used to support the base or the base and sides of any chocolate product;

“dried milk” means milk, partly skimmed milk or skimmed milk or any combination thereof, whether with or without the addition of cream, which has been concentrated to the form of powder, granule or solid by the removal of water;

“fancy chocolate product” includes any chocolate product in the form of figurines, cigarettes or eggs or enclosed in a seasonal selection pack;

“flour confectionery” means any cooked food which is ready for consumption without further preparation (other than reheating), of which a characterising ingredient is ground cereal, including shortbread, sponges, crumpets, muffins, macaroons, ratafias, pastry and pastry cases, and also includes meringues, petits fours and uncooked pastry and pastry cases, but does not include bread, pizzas, biscuits, crispbread, extruded flat bread or any food containing a filling which has as an ingredient any cheese, meat, offal, fish or shellfish;]

“liquid coffee and chicory products” means liquid coffee extract and liquid chicory extract, and blends thereof;

[F9 “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;]

[F10 “Member State” means a member State as defined in Part II of Schedule 1 to the European Communities Act 1972, Norway, Iceland or Liechtenstein;]

“milk” means cows' milk in any liquid form other than that of condensed milk (including evaporated milk) or of cream;

“potatoes” means potatoes in the state in which they were harvested or in that state apart from cleaning;

[F11 “pre-packed”, in relation to food to which this Order applies, means either or both of—

(a)

made up for direct sale (within the meaning of Article 2(2)(e) of the FIC Regulation) by way of retail;

(b)

made up in advance ready for retail sale in an open container;]

“preserved milk” means condensed milk (including evaporated milk) or dried milk;

[F12 “relevant wholesale”, in relation to food to which this Order applies, means a sale by way of wholesale, but does not include any of the following—

(a)

a sale to a mass caterer;

(b)

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

(c)

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

“solid and paste coffee and chicory products” means instant coffee, coffee extract paste, instant chicory, chicory extract paste, and blends thereof, and extracts of blends of roasted coffee and roasted chicory.

[F13 “sugar confectionery” means any food which is ready for consumption without further preparation, of which a characterising ingredient is carbohydrate sweetening matter, and includes sweetened liquorice and chewing gum, but does not include any chocolate confectionery, chocolate products, cocoa products, flour confectionery, edible ice, table jellies, slab marzipan or sugar.]

[F14 (2) References in this Order to items being “loose” include items packed at the request of the customer.]

Textual Amendments

F1 Art. 2 renumbered as art. 2(1) (13.12.2014) by The Weights and Measures (Food) (Amendment) Regulations 2014 (S.I. 2014/2975), regs. 1, 20(1)

F2 Words in art. 2(1) substituted (13.12.2014) by The Weights and Measures (Food) (Amendment) Regulations 2014 (S.I. 2014/2975), regs. 1, 20(2)(a)

F3 Words in art. 2(1) substituted (13.12.2014) by The Weights and Measures (Food) (Amendment) Regulations 2014 (S.I. 2014/2975), regs. 1, 20(2)(b)

F4 Words in art. 2(1) substituted (13.12.2014) by The Weights and Measures (Food) (Amendment) Regulations 2014 (S.I. 2014/2975), regs. 1, 20(2)(c)

F5 Words in art. 2(1) inserted (13.12.2014) by The Weights and Measures (Food) (Amendment) Regulations 2014 (S.I. 2014/2975), regs. 1, 20(2)(d)

F6 Words in art. 2 substituted (27.7.1990) by The Weights and Measures (Various Foods) (Amendment) Order 1990 (S.I. 1990/1550), arts. 1(1), 3(a) (with art. 4)

F7 Words in art. 2(1) substituted (13.12.2014) by The Weights and Measures (Food) (Amendment) Regulations 2014 (S.I. 2014/2975), regs. 1, 20(2)(e)

F8 Words in art. 2(1) inserted (13.12.2014) by The Weights and Measures (Food) (Amendment) Regulations 2014 (S.I. 2014/2975), regs. 1, 20(2)(f)

F9 Words in art. 2(1) inserted (13.12.2014) by The Weights and Measures (Food) (Amendment) Regulations 2014 (S.I. 2014/2975), regs. 1, 20(2)(g)

F10 Words in art. 2 inserted (15.11.2005) by The Weights and Measures (Miscellaneous Foods) (Amendment) Order 2005 (S.I. 2005/3057), arts. 1, 2

F11 Words in art. 2(1) inserted (13.12.2014) by The Weights and Measures (Food) (Amendment) Regulations 2014 (S.I. 2014/2975), regs. 1, 20(2)(h)

F12 Words in art. 2(1) inserted (13.12.2014) by The Weights and Measures (Food) (Amendment) Regulations 2014 (S.I. 2014/2975), regs. 1, 20(2)(i)

F13 Words in art. 2(1) inserted (13.12.2014) by The Weights and Measures (Food) (Amendment) Regulations 2014 (S.I. 2014/2975), regs. 1, 20(2)(j)

F14 Art. 2(2) inserted (13.12.2014) by The Weights and Measures (Food) (Amendment) Regulations 2014 (S.I. 2014/2975), regs. 1, 20(3)

Commencement Information

I1 Art. 2 in force at 1.1.1989, see art. 1

(1)

S.I. 1985/2026.