The Weights and Measures (Packaged Goods) Regulations 2006

Regulation 1(2)

SCHEDULE 1

Part 1— Repeals and revocations

Act repealed	Year/Chapter No.	Extent of repeal
Weights and Measures Act 1985	1985 c. 72	Sections 47 to 68. Schedule 8.

Regulations revoked	Number	Extent of revocation
The Weights and Measures (Packaged Goods) Regulations 1986	SI 1986/2049	The whole Regulations
The Weights and Measures (Packaged Goods) (Amendment) Regulations 1992	SI 1992/1580	The whole Regulations
The Weights and Measures (Packaged Goods and Quantity Marking and Abbreviations of Units) (Amendment) Regulations 1994	SI 1994/1852	Part II of the Schedule in so far as it amends the Weights and Measures (Packaged Goods) Regulations 1986
The Weights and Measures (Packaged Goods)(Amendment) Regulations 1994	SI 1994/1258	The whole Regulations

Part 2— Minor and Consequential Amendments

Weights and Measures Act 1985 (c. 72)

 

(1) The 1985 Act is amended as follows.

(2) In section 22(2)(a) omit the words “(except Part V)”.

(3) For section 25(7), substitute—

“(7) For the purposes of this section the quantity of goods in a package, or of a loaf of bread, to which the packaged goods regulations apply shall be deemed to be the nominal quantity (within the meaning of those regulations) of the package or the loaf of bread.”

(4) In section 28(2), for paragraph (a) substitute—

“(a) the quantity of goods in a package, or of a loaf of bread, to which the packaged goods regulations apply shall be deemed to be the nominal quantity (within the meaning of those regulations) of the package or the loaf of bread; and”.

(5) In section 40(3) omit the words “(apart from Part V”).

(6) In section 72—

(a) in subsection (1), after the words “this Act”, insert “ and the packaged goods regulations ”; and

(b) in subsection (3), after the words “to the purposes of this Act”, insert “ and the packaged goods regulations ”.

(7) In section 74—

(a) in subsection (1), after the words “this Act”, insert “ or the packaged goods regulations ”; and

(b) in subsection (6), after the words “this Act”, insert “ or any provision of the packaged goods regulations ”.

(8) In sections 75(1)(a) and 75(1A)(b), after the words “this Act”, insert “ or the packaged goods regulations ”;

(9) In section 79—

(a) in paragraph (2)(b) omit the words “(except an offence under Part V)”; and

(b) in paragraph (3)(a) omit the words “(except an offence under Part V or any instrument made under that Part)”.

(10) In section 80, after the words “this Act”, insert “ or the packaged goods regulations ”.

(11) In section 83—

(a) in subsection (1)—

(i) for the words “Subject to subsection (2) below, in” substitute “ In ”; and

(ii) omit the words “, other than proceedings for an offence under section 64,”;

(b) subsection (2) is repealed; and

(c) in subsection (3) omit the words “, except in the case of an offence under section 50, 54 or 63 or Schedule 8”.

(12) In section 84—

(a) in subsection (4)(a) for the words “, 20(3)(b) or 50 (2), (3) or (4) above” substitute “ or 20(3)(b) above ”; and

(b) in subsection (5) omit the words “64 or”.

(13) In section 85(1) omit the words “, except proceedings for an offence under Part V or any instrument made under that Part,”.

(14) In section 86—

(a) in subsection (2)(a) omit the word “62,”;

(b) in subsection (2)(b) omit the words “or Part V of this Act”; and

(c) subsection (4) is repealed.

(15) In section 87 omit the words “, except Part V”.

(16) In section 94(1)—

(a) in the definition of “container”, omit the words “except in Part V,”; and

(b) after the definition of “occupier”, insert—

““packaged goods regulations” means the Weights and Measures (Packaged Goods) Regulations 2006;”

(17) In paragraph 21(2) of Schedule 11, omit the words “(except in Part V)”.

The Weights and Measures (Quantity Marking and Abbreviations of Units) Regulations 1987, S.I. 1987/1538

(18) In regulation 2(1)(a), omit the words “or section 48(1) or 68(1A)”.

The Capacity Serving Measures (Intoxicating Liquor) Regulations 1988, S.I. 1988/120

(19) Paragraph (2) of regulation 3 is revoked.

The Weights and Measures (Miscellaneous Foods) Order 1988, S.I. 1988/2040

(20) In article 5(4), omit the words from “or, in the case of a container” to “indication of quantity by net weight”.

The Measuring Equipment (Capacity Measures and Testing Equipment) Regulations 1995, S.I. 1995/735

(21) Sub-paragraph (b) of regulation 3(1) is revoked.

The Weighing Equipment (Automatic Gravimetric Filling Instruments) Regulations 2000, S.I. 2000/388

(22) Paragraph (3) of regulation 3 is revoked.

The Weighing Equipment (Non-Automatic Weighing Machines) Regulations 2000, S.I. 2000/932

(23) Sub-paragraphs (f) and (g) of regulation 3(2) are revoked.

Criminal Justice and Police Act 2001 (2001 c. 16)

(24) The Criminal Justice and Police Act 2001 is amended as follows.

(25) In section 57(1)(g), for the words “Schedule 8 to the Weights and Measures Act 1985 (c 72)”, substitute “ Schedule 7 to the Weights and Measures (Packaged Goods) Regulations 2006 ”.

(26) For section 66(4)(g) substitute—

“(g) section 79 of the Weights and Measures Act 1985 (c. 72) or Schedule 7 to the Weights and Measures (Packaged Goods) Regulations 2006 (powers of entry and inspection etc);”

(27) In Part 1 of Schedule 1—

(a) in paragraph 36 omit the words “, except Part 5”;

(b) omit paragraph 37; and

(c) insert after paragraph 73F—

“Weights and Measures (Packaged Goods) Regulations 2006 (S.I. 2006/659)

73G   The power of seizure conferred by paragraph 4 of Schedule 5 to the Weights and Measures (Packaged Goods) Regulations 2006 (seizure of evidence of offences under regulations 12 to 15 of, or Schedule 7 to, those Regulations).”

Regulation 2

SCHEDULE 2 The reference test

This Schedule lays down the procedures of the reference test for statistical checking of batches of packages in order to meet the requirements of regulation 4(1)(a) and (b).

1.  REQUIREMENTS FOR MEASURING THE ACTUAL CONTENTS OF PACKAGES

1.1 The actual contents of packages may be measured directly by means of weighing instruments or volumetric instruments or, in the case of liquids, indirectly, by weighing the packed product and measuring its density.

1.2 In all operations for checking quantities of products expressed in units of volume, the value employed for the actual contents shall be measured at or corrected to a temperature of 20°C, whatever the temperature at which packaging or checking is carried out. However this rule shall not apply to deep frozen or frozen products the quantity of which is expressed in units of volume.

1.3 Irrespective of the method used, the error made in measuring the actual contents of a package shall not exceed one-fifth of the tolerable negative error for the nominal quantity in the package.

2.  REQUIREMENTS FOR CHECKING BATCHES OF PACKAGES

2.1 The checking of packages shall be carried out by sampling and shall be in two parts:

2.1.1 a check covering the actual contents of each package in the sample,

2.1.2 another check on the average of the actual contents of the packages in the sample.

2.2 A batch of packages shall be considered acceptable if the results of both these checks satisfy the acceptance criteria.

2.3 For each of these checks, there are three sampling plans:

2.3.1 a single sampling plan for non-destructive testing, i.e. testing which does not involve opening the package,

2.3.2 a double sampling one for non-destructive testing, and

2.3.3 a single sampling plan for destructive testing, i.e., testing which involves opening or destroying the package.

2.4 For economic and practical reasons, the third test shall be limited to the absolutely essential minimum; it is less effective than the non-destructive tests. Destructive testing shall therefore be used only when non-destructive testing is impracticable. As a general rule it shall not be applied to batches of fewer than 100 units.

Package batches

2.5 The batch shall comprise all the packages of the same nominal quantity, the same type and the same production run, packed in the same place, which are to be inspected. The batch size shall be limited to the amounts laid down below.

2.6 When packages are checked at the end of the packing line, the number in each batch shall be equal to the maximum hourly output of the packing line, without any restriction as to batch size.

2.7 In other cases the batch size shall be limited to 10,000.

2.8 For batches of fewer than 100 packages, the non-destructive test, where carried out, shall be 100%.

2.9 Before the tests in paragraphs 3 and 4 are carried out, a sufficient number of packages shall be drawn at random from the batch so that the check requiring the larger sample can be carried out. For the other check, the necessary sample shall be drawn at random from the first sample and marked.

2.10 This marking operation shall be completed before the start of measuring operations.

3.  CHECKING OF THE ACTUAL CONTENTS OF A PACKAGE

3.1 The minimum acceptable contents shall be calculated by subtracting the tolerable negative error for the contents concerned from the nominal quantity of the package.

3.2 Packages in the batch whose actual contents are less than the minimum acceptable contents shall be considered defective.

Single sampling plan for non-destructive testing

3.3 The number of packages checked shall be equal to the number in the sample, as indicated in the table below.

3.4 If the number of defective packages found in the sample is less than or equal to the acceptance criterion indicated in that table, the group shall be considered as acceptable for the purpose of the check.

3.5 If the number of defective packages found in the sample is equal to or greater than the rejection criterion there indicated, the group shall be rejected.

		Number of defective packages
Number in group	Number in sample	Acceptance criterion	Rejection criterion
100 to 500	50	3	4
501 to 3,200	80	5	6
3,201 and above	125	7	8

3.6 For a batch of fewer than 100 packages the batch shall be considered acceptable for the purposes of the check if the number of defective packages does not exceed 5%.

Double sampling plan for non-destructive testing

3.7 Non-destructive testing shall be carried out in accordance with a double sampling plan as shown in the table below.

3.8 The first number of packages checked shall be equal to the number of units in the first sample, as indicated in the plan.

3.9 If the number of defective units found in the first sample is less than or equal to the first acceptance criterion, the batch shall be considered acceptable for the purpose of this check.

3.10 If the number of defective units found in the first sample is equal to or greater than the first rejection criterion, the batch shall be rejected.

3.11 If the number of defective units found in the first sample lies between the first acceptance criterion and the first rejection criterion, a second sample shall be checked, the number of units in which is indicated in the plan. The defective units found in the first and second samples shall be added together and:

3.1.1 if the aggregate number of defective units is less than or equal to the second acceptance criterion, the batch shall be considered acceptable for the purpose of this check,

3.1.2 if the aggregate number of defective units is greater than or equal to the second rejection criterion, the batch shall be rejected.

	Samples		Number of defective units
Number in batch	Order	Number	Aggregate number	Acceptance criterion	Rejection criterion
100 to 50	1st 2nd	30 30	30 60	1 4	3 5
501 to 3,200 1st 2nd	50 50	50 100	2 6	5 7
3,201 and over	1st 2nd	80 80	80 160	3 8	7 9

Single sampling plan for destructive testing

3.12 Destructive testing shall be carried out in accordance with the single sampling plan below and shall be used only for batches of 100 or more.

3.13 The number of packages checked shall be equal to 20.

3.14 If the number of defective units found in the sample is less than or equal to the acceptance criterion, the batch of packages shall be considered as acceptable.

3.15 If the number of defective units found in the sample is equal to or greater than the rejection criterion, the batch of packages shall be rejected.

		Number of defective packages
Number in batch	Number in sample	Acceptance criterion	Rejection criterion
Whatever the number (≥ 100)	20	1	2

4.  CHECKING OF AVERAGE ACTUAL VOLUME OF THE CONTENTS OF THE INDIVIDUAL PACKAGES MAKING UP A BATCH

4.1 A batch of packages shall be considered acceptable for the purpose of this check if the mean value

of the actual quantity of the contents of the packages in the sample is greater than the value:

4.2 In this formula:

Q_n = the nominal quantity of the package,

n = the number of packages in the sample for this check,

s = the estimated standard deviation of the actual contents of the batch,

^t _{(1-α )} = 0.995 confidence level of a Student distribution with δ = n-1 degree of freedom

4.3 if χι is the measured value for the actual contents of the i-th item in a sample containing n items, then:

The mean of the measured values for the sample is obtained by the following calculation:

4.4 and the estimated value of the standard deviation s is obtained by the following calculation:

— the sum of the squares of the measured values:

— the square of the sum of the measured values:

then

— the corrected sum

— the estimated variance:

the estimated value of the standard deviation is:

Criteria for acceptance or rejection of the batch of packages for checking the mean

4.5 Criteria for non-destructive testing:

		Criteria
Number in batch	Number in sample	Acceptance	Rejection
100 to 500 (inclusive)	30	≥ Qn — 0.503s	< Qn — 0.503s
> 500	50	≥ Qn — 0.379s	< Qn — 0.379s

4.6 Criteria for destructive testing:

		Criteria
Number in batch	Number in sample	Acceptance	Rejection
Whatever the number (≥ 100)	20	≥ Qn — 0.640s	< Qn — 0.640s

4.7 For batches of fewer than 100 packages, the average of the measured values of the actual contents shall be determined by application of the formula in paragraph 4.3 where n equals the number of packages in the batch. If the average is equal to or greater than the nominal quantity of the packages in the batch, the batch shall be considered as acceptable for the purposes of the check.

Regulation 2

SCHEDULE 3 Tolerable negative error

In calculating the amount of a tolerable negative error in a case where the error is to be calculated as a percentage of the nominal quantity, the amount shall be rounded up to the nearest one-tenth of a gram or millilitre.

	Total negative error
Nominal quantity in grams or millilitres	As a percentage of nominal quantity	g or ml
5 to 50	9	–
from 50 to 100	–	4.5
from 100 to 200	4.5	–
from 200 to 300	–	9
from 300 to 500	3	–
from 500 to 1,000	–	15
from 1,000 to 10,000	1.5	–
from 10,000 to 15,000	–	150
above 15,000	1	–

Regulation 2

SCHEDULE 4 The E-Mark

The figures marked on the E-mark below show its relative dimensions as a proportion of its width.

Regulation 3(3)

SCHEDULE 5 Application to bread

1.  References to the packer shall be treated as referring to the person who made the bread, or in the case of bread supplied to a retailer part-baked, completed the baking.

2.  References to the making up or the packing of a package shall be treated as referring to the making up for sale of the loaf of bread.

3.  References to the nominal quantity of a package shall be treated as references to the predetermined constant quantity to which the loaf of bread has been made up, including (where applicable) any additional quantity which has been marked on the packaging.

4.  In their application to bread which is sold unwrapped—

(a) references to a package and references to what a package contains shall be treated as referring to the loaf of bread; and

(b) references to the contents of a package shall be treated as referring to the quantity of bread in the loaf.

5.  Regulation 3(5) shall not apply.

6.  The following provisions of regulations 5 and 6 shall not apply to bread sold in open packs—

(a) in regulation 5, paragraphs (1)(a), (2), (3), and (4); and

(b) in regulation 6, paragraphs (1)(a) and (b), (2), (3) and (4).

7.  Regulations 5 and 6 shall not apply to bread which is sold unwrapped.

8.  Regulations 8 and 11 shall not apply.

9.  Where the chief inspector of the area in which packages of bread are made up gives a written notice to a packer of bread that regulation 9(1)(b)(ii) (duty to keep records) does not apply to him then the packer shall be exempt from that requirement whilst the notice is in force.

10.  In Regulation 19(1), for the words “which was not marked on the packages when they were in his possession” there shall be substituted— “ which was not the nominal quantity to which the bread was made up ”.

11.  Where bread is not made up by means of a continuous process, for paragraphs 2.5 to 2.7 of Schedule 2 there shall be substituted—

“2.5   The batch shall comprise all the loaves of bread of the same nominal quantity and type, which have been baked in the same bakery, and which are available to be inspected.

2.6   Where it is reasonably practicable to do so, the batch shall be comprised of bread baked in the same oven at the same time.

2.7   The batch size shall be subject to a maximum of 10,000 in number.”

12.  In Schedule 7—

(a) paragraph 5 shall not apply; and

(b) in paragraph 7, for the words “, 1(f) or 5” there shall be substituted “ or 1(f) ”.

13.  Where bread is supplied part-baked to a retailer who completes the baking in the premises from which the bread is sold, then the retailer may by giving written notice to the local authority choose not to have the bread treated as a package under these Regulations.

Regulation 3(4)(g)

F1 SCHEDULE 6

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1 Sch. 6 omitted (13.12.2014) by virtue of The Weights and Measures (Food) (Amendment) Regulations 2014 (S.I. 2014/2975), regs. 1, 38

Regulation 10(5)

SCHEDULE 7 Powers of inspectors and local weights and measures authorities

Powers of entry and inspection

1.  Any inspector may, within the area for which he is appointed an inspector and on production if so requested of his credentials, at all reasonable times–

(a) enter any premises (except premises used only as a private dwelling-house) as to which he has reasonable cause to believe that packages are made up on the premises or that imported packages belonging to the importer of them are on the premises or that packages intended for sale are on the premises;

(b) inspect and test any equipment which he has reasonable cause to believe is used in making up packages in the United Kingdom or in carrying out a check mentioned in paragraphs (1) and (3) of regulation 9;

(c) inspect, and measure in such manner as he thinks fit, any thing which he has reasonable cause to believe is or contains or is contained in a package and, if he considers it necessary to do so for the purpose of inspecting the thing or anything in it, break it open;

(d) inspect and take copies of, or of any thing purporting to be–

(i) a record, document, or certificate of a kind mentioned in regulations 5(2), 9(1) or 9(3)(a); or

(ii) evidence of a kind mentioned in regulations 9(3)(b) or 9(4);

(e) require any person on premises which the inspector is authorised to enter by virtue of paragraph (a) to provide such assistance as the inspector reasonably considers necessary to enable the inspector to exercise effectively any power conferred on him by paragraphs (a) to (d);

(f) require any person to give to the inspector such information as the person possesses about the name and address of the packer and of any importer of a package which the inspector finds on premises he has entered by virtue of this paragraph or paragraph 2.

2.  If a justice of the peace, on sworn information in writing–

(a) is satisfied there is reasonable ground to believe that–

(i) a package or thing containing a package, or

(ii) any such equipment, record, document or certificate as is mentioned in paragraph 1,

is on any premises or that an offence under regulations 12 to 15 is being or is about to be committed on any premises, and

(b) is also satisfied either–

(i) that admission to the premises has been refused or that a refusal is apprehended and that notice of the intention to apply for a warrant has been given to the occupier, or

(ii) that an application for admission or the giving of such a notice would defeat the object of the entry or that the premises are unoccupied or that the occupier is temporarily absent and it might defeat the object of the entry to await his return,

the justice may by warrant under his hand, which shall continue in force for a period of one month, authorise an inspector to enter the premises if need be by force.

In the application of this paragraph to Scotland, “justice of the peace” includes a sheriff.

3.—(1) An inspector entering any premises by virtue of paragraph 1 or 2 may take with him such other persons and equipment as he considers necessary.

(2) It shall be the duty of an inspector who leaves premises which he has entered by virtue of paragraph 2 and which are unoccupied or from which the occupier is temporarily absent to leave the premises as effectively secured against trespassers as he found them.

Power of seizure

4.  Where an inspector has reasonable cause to believe that an offence under regulations 12 to 15 or this Schedule has been committed and that any equipment, record, document, package or thing containing or contained in a package may be required as evidence in proceedings for the offence he may seize it and detain it for as long as it is so required.

Power to require information

5.   

(1) An inspector may serve, on any person carrying on business as a packer or importer of packages in the area for which the inspector is appointed an inspector, a notice requiring that person–

(a) to furnish the inspector from time to time with particulars of the kind specified in the notice of any marks which are applied from time to time to packages made up in that area by that person or to packages imported by him, for the purpose of enabling the place where the packages were made up to be ascertained, and

(b) if the person has furnished particulars of a mark in pursuance of the notice and the mark ceases to be applied to such packages for that purpose, to give notice of the cesser to the inspector.

(2) A notice given by an inspector under this paragraph shall not require a person to furnish information which he does not possess.

Purchase of goods

6.   

(1) A local weights and measures authority may purchase goods, and authorise any of its officers to purchase goods on behalf of the authority, for the purpose of ascertaining whether an offence under regulations 12 to 15 has been committed.

(2) If an inspector breaks open a package in pursuance of paragraph 1(c) otherwise than on premises occupied by the packer or importer of the package, and the package is not such that the packer or importer is in breach of regulation 4(1)(c), it shall be the duty of the inspector, if the owner of the package requests him to do so, to buy the package on behalf of the local weights and measures authority for the area in which he broke it open.

Failure to provide assistance or information

7.  Any person who without reasonable cause fails to comply with a requirement made of him in pursuance of paragraph 1(e), 1(f) or 5 shall be guilty of an offence.