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The Weights and Measures (Food) (Amendment) Regulations 2014

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Amendments to the Weights and Measures Act 1985

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5.  After section 31 insert—

31A    Non-compliance with certain requirements of the FIC Regulation

(1) Subject to subsection (2) below, a food business operator to which Article 1(3) of the FIC Regulation applies is guilty of an offence if that food business operator fails to comply with—

(a)any of the provisions of Article 8 of the FIC Regulation (responsibilities of food business operators) applicable to the food business operator, to the extent that the provisions relate to net quantity;

(b)Article 9(1)(e) of the FIC Regulation (mandatory indication of net quantity of food), except to the extent that it relates to a failure to comply with Article 13(5) of the FIC Regulation; or

(c)Chapter V of the FIC Regulation (voluntary food information), to the extent that it imposes requirements in respect of net quantity.

(2) A food business operator is not guilty of an offence under subsection (1) if the food business operator acts in accordance with any of the following—

(a)an exception contained in Chapter IV of the FIC Regulation;

(b)national measures adopted under Article 40 of the FIC Regulation (milk and milk products);

(c)national measures maintained under Article 42 of the FIC Regulation (measures adopted before 12 December 2011);

(d)transitional measures under Article 54(1) of the FIC Regulation.

(3) In this section “food business operator” and “net quantity” have the same meanings as in the FIC Regulation.

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