The Weights and Measures (Specified Quantities) (Unwrapped Bread and Intoxicating Liquor) Order (Northern Ireland) 2013

Statutory Rules of Northern Ireland

2013 No. 261

Weights And Measures

The Weights and Measures (Specified Quantities) (Unwrapped Bread and Intoxicating Liquor) Order (Northern Ireland) 2013

Made

8th November 2013

Coming into operation

16th December 2013

The Department of Enterprise, Trade and Investment(1) (“the Department) makes the following Order in exercise of the powers conferred by Articles 19(2), (3) and (7) of the Weights and Measures (Northern Ireland) Order 1981(2) and now vested in it(3).

In accordance with Article 48(2) of that Order, the Department has consulted with such organisations as appear to the Department to be representative of interests substantially affected by this Order and considered the representations made to it by such organisations with respect to the subject matter of this Order.

Citation and commencement

1.  This Order may be cited as the Weights and Measures (Specified Quantities) (Unwrapped Bread and Intoxicating Liquor) Order (Northern Ireland) 2013 and shall come into operation on 16th December 2013.

Amendment of the Weights and Measures (Northern Ireland) Order 1981

2.  In the list in paragraph 1 of Part 4 of Schedule 1 to the Weights and Measures (Northern Ireland) Order 1981 (capacity measures in imperial units lawful for use for trade), after “1 pint” insert “2/3 pint”.

Amendment of the Weights and Measures (Miscellaneous Foods) Order (Northern Ireland) 1989)

3.—(1) The Weights and Measures (Miscellaneous Foods) Order (Northern Ireland) 1989(4) is amended as follows.

(2) For Article 7 (bread) substitute—

“Unwrapped Bread

7.— (1) For the purposes of this Article “unwrapped loaf of bread” means a loaf of bread which is not made up in advance ready for retail sale or wholesale in a securely closed container and includes bread offered for sale in a confining band.

(2) Subject to paragraph (3), an unwrapped loaf of bread may be made for sale only if—

(a) an indication of the quantity of the bread is given on a ticket displayed in immediate proximity to that loaf; or

(b) there is displayed, in such a position and manner as to be readily available without special request for inspection by a buyer before any sale is made, a notice—

(i) listing the forms in which unwrapped loaves of bread are made for sale; and

(ii) indicating the quantity or quantities in which each such form is made for sale.

(3) The following are exempt from the requirements of paragraph (2)—

(a) any unwrapped loaf of bread in a quantity of 400 g or a multiple of 400 g;

(b) any unwrapped loaf of bread weighing 300 g or less; and

(c) any sale under a contract for the supply of bread for consumption on the premises of the buyer if the contract provides for each delivery of bread to be of a specified aggregate quantity of not less than 25 kg and for the weighing of the bread on delivery.”.

(3) In Schedule 1—

(a) in column 2, omit “400 g or a multiple of 400 g.”; and

(b) in column 3, omit the words from “(1) where the net weight of each loaf is 300 g or less” to “and for the weighing of the bread on delivery.”

opposite the entry “Bread in the form of a whole loaf” in column 1.

Amendment of the Weights and Measures (Intoxicating Liquor) Order (Northern Ireland) 1989

4.—(1) The Weights and Measures (Intoxicating Liquor) Order (Northern Ireland) 1989(5) is amended as follows.

(2) In Article 2(1)(a) (specified quantities applicable to retail sales of beer or cider), after “1/2 pint”, where first appearing, insert “, 2/3 pint”.

(3) For Article 5A substitute—

“5A.— (1) For the purposes of this Article—

(a) “wine” (except when used in the expression “wine fortified for distillation”) means the intoxicating liquor and other liquids specified in column 1 of Part 1 of Schedule 1 to this Order, other than wine fortified for distillation; and

(b) “wine fortified for distillation” has the same meaning as in the additional notes to Chapter 22 of the Combined Nomenclature(6).

(2) Subject to paragraph (3), when sold in the glass or other vessel from which it is intended to be drunk, for consumption on the premises at which it is sold—

(a) wine shall be sold only in, or in a multiple of, the following quantities, that is to say, 125 ml and 175 ml; and

(b) wine fortified for distillation shall be sold only in, or in a multiple of, the following quantities, that is to say, 50 ml and 70 ml,

and, in either case, only if a statement in writing of the kind required by subparagraph (c) of Article 5(1) is displayed or otherwise provided as required by that sub-paragraph.

(3) Nothing in this Article shall make unlawful the sale—

(a) at the express request of the buyer, of any mixture of liquids containing, in a quantity not permitted by this Article—

(i) wine; or

(ii) wine fortified for distillation; or

(b) of wine in a quantity of less than 75 ml, without the display or provision of a statement in writing of the kind referred to in paragraph (2).”.

Sealed with the Official Seal of the Department of Enterprise, Trade and Investment on 8th November 2013

Jackie Kerr

A senior officer of the Department of Enterprise, Trade and Investment

EXPLANATORY NOTE

(This note is not part of the Order)

This Order makes provision in respect of the quantities (“specified quantities”) in which beer, cider and wine sold in the glass from which it is to be drunk. It makes related provision in respect of capacity measures and quantity indications. In addition, the Order removes specified quantities relating to unwrapped loaves of bread, subject in certain cases to quantity indication requirements.

Article 4 amends the Weights and Measures (Intoxicating Liquor) Order (Northern Ireland) 1989 so as to permit retail sales of 2/3 pint of draught beer or cider, to permit wines (other than fortified wines) sold in a quantity of less than 75 ml to be sold in any quantity without quantity indications and to provide for the sale of fortified wines only in specified quantities of 50 ml or 70 ml with quantity indications.

Article 2 makes related amendments to Schedule 1 to the Weights and Measures (Northern Ireland) Order 1981 to permit the use for trade of capacity measures of 2/3 pint.

Article 3 amends Article 7 of the Weights and Measures (Miscellaneous Foods) Order (Northern Ireland) 1989 (“the 1989 Order”) so as to remove specified quantities relating to unwrapped loaves of bread and to introduce quantity indication requirements applicable to such loaves, when weighing more than 300 g and sold otherwise than in traditional quantities (400 g or a multiple) or in bulk. In addition, it revokes now redundant exemptions from specified quantities relating to unwrapped loaves of bread in Schedule 1 to the 1989 Order.

An impact assessment has not been produced for this Order as it has no significant impact on the costs of business and the voluntary sector.

These Regulations were notified in draft to the European Commission in accordance with Directive 98/34EC, as amended by Directive 98/48/EC.

(1)

Formerly the Department of Economic Development; see S.I. 1999/283 (N.I. 1), Art. 3(5)

(2)

S.I. 1981 (N.I. 10) as amended by 2000 c. 5 (N.I.)

(3)

By S.I. 1982/846 (N.I. 11), Art. 4

(4)

S.R. 1989 No. 69, amended by S.R. 1990 No. 395, S.R. 1995 No. 230, S.R. 2005 No. 516 and S.R. 2010 No. 203

(5)

S.R. 1989 No. 164; relevant amendments are S.R. 1990 No. 395, S.R. 1994 No. 320 and S.R. 2010 No. 203

(6)

See Council Regulation (EEC) 2658/87 (OJ No. L256, 7.9.1987, p. 1)