The Weights and Measures (Miscellaneous Foods) (Amendment) Order 2005

Explanatory Note

(This note is not part of the Order)

This Order amends the Weights and Measures (Miscellaneous Foods) Order 1988 (“the 1988 Order”). Article 3 of the 1988 Order requires that certain foods are pre-packed only in the quantities prescribed in Schedule 1 to the 1988 Order. This Order gives effect to the judgment of the European Court of Justice in Case C-3/99 Cidrerie Ruwet SA v Cidre Stassen SA and HP Bulmer Ltd by exempting from that requirement imports into the UK of pre-packed foods made up in a quantity which is not specified in Schedule 1 to the 1988 Order from another member State of the European Community, or one of the other States in the European Economic Area, provided that it is lawful to sell such packages in that quantity in that other State.

The Order also provides for deletion of the prescribed quantities for chocolate and cocoa products in Schedule 1 to the 1988 Order, implementing Article 7 of Council Directive 2000/36/EC(1) which repealed Council Directive 73/241/EEC(2) in which those requirements were prescribed.

A full regulatory impact assessment of the effect that this instrument will have on the costs of business is available from Lynnette Falk, Consumer and Competition Policy Directorate of the Department of Trade and Industry, 1 Victoria Street, London SW1H 0ET. Copies of a transposition note relating to this Order have been placed in the libraries of both Houses of Parliament. Copies are also available to the public from the Consumer and Competition Policy Directorate at the above address.

(1)

OJ No. L197, 3.8.2000 p19.

(2)

OJ No. L228, 16.8.73 p23.