The Weights and Measures (Packaged Goods) Regulations 2006

Interpretation

This section has no associated Explanatory Memorandum

2.  In these Regulations—

“batch” means a group of packages selected in accordance with the provisions of Schedule 2 for the purposes of conducting a reference test;

“bread” means bread in the form of single loaves (whether or not sliced);

“cosmetic product” has the meaning given by [F1Article 2 of Regulation (EC) No 1223/2009 of the European Parliament and of the Council on cosmetic products (recast) as amended from time to time];

“credentials”, in relation to an inspector, means written authority, given by the local weights and measures authority who appointed him, for the inspector to exercise the powers conferred on inspectors by these Regulations;

“the E-mark” means a letter `e', at least 3 mm high, having the form shown in Schedule 4;

[F2“food” has the meaning set out in Article 2 of Regulation (EC) No 178/2002;]

“importer” means, in relation to a package or outer container, the person by whom, or on whose behalf, the package or outer container is brought into the United Kingdom;

“inspector” means an inspector of weights and measures appointed under section 72(1) of the 1985 Act;

“knitting yarn” means knitting yarn consisting of natural fibres (whether animal, vegetable or mineral), chemical fibres, or a mixture of such fibres;

[F3“labelling requirements” means the requirements set out in regulations 5(1)(a), 5(2), 6(1)(a), 6(1)(b), 6(2), 7, 8(1) and 8(3)(d);]

“local weights and measures authority” has the same meaning as in section 69 of the 1985 Act;

[F4“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;]

“Member State” means a member State, Norway, Iceland or Liechtenstein;

“negative error” means the quantity by which the contents of a package are less than the nominal quantity;

“nominal quantity” means the weight or volume marked on or in respect of a package pursuant to regulation 5(1)(a) or 6(1)(a), or entered in a record made under regulation 5(2) or 6(2) [F5or, in the case of pre-packed food, the net quantity as required under Regulation 1169/2011 of the European Parliament and of the Council on the provision of food information to consumers];

“outer container” means a container which contains two or more items, at least one of which is a package to which these Regulations apply, provided that:

(a)

the items were placed in the container without the purchaser being present;

(b)

the items cannot be removed from the container without the container being opened or undergoing a perceptible modification; and

(c)

the container is intended, or would normally be regarded as appropriate, for sale to an ultimate consumer as the outermost layer of packaging;

“package” means the combination of a product and the individual package in which it is packed, provided that:

(a)

the product is placed in the package without the purchaser being present; and

(b)

except in the case of knitting yarn, the quantity of the product in the package cannot be altered without the package being opened or undergoing a perceptible modification;

“packer” means the person who placed the product in the package or the packages in the outer container;

[F6“pre-packed” means, in relation to food, any single item for presentation as such to the final consumer and to mass caterers, consisting of a food and the packaging into which it was put before being offered for sale, whether such packaging encloses the food completely or only partially, but in any event in such a way that the contents cannot be altered without opening or changing the packaging; ‘pre-packed food’ does not cover foods packed on the sales premises at the consumer’s request or pre-packed for direct sale;]

“reference test” means the tests set out in Schedule 2;

“the 1985 Act” means the Weights and Measures Act 1985;

“the 1986 Regulations” means the Weights and Measures (Packaged Goods) Regulations 1986 M1;

“tolerable negative error” means the amount set out in the table in Schedule 3 in relation to the nominal quantity of the package.

Textual Amendments

Marginal Citations

M1S.I. 1986/2049, amended by S.I. 1992/1580, S.I. 1994/1258 and S.I. 1994/1852.