Weights and Measures (Northern Ireland) Order 1981 No. 231 (NI. 10)

SCHEDULES

Article 19(1).

SCHEDULE 6 N.I. MISCELLANEOUS GOODS OTHER THAN FOODS

PART I N.I. LIQUID FUEL AND LUBRICANTS

1.  This Part applies to— N.I.

(a) liquid fuel, lubricating oil and any mixture of such fuel and oil; and

(b) lubricating grease.

2.  Subject to paragraph 3, goods to which this Part applies— N.I.

(a) unless pre-packed, shall be sold only by net weight or by capacity measurement;

(b) shall be pre-packed only if the container is marked with an indication of quantity either by net weight or by capacity measurement;

(c) in the case of lubricating oil in a quantity of[F1 one litre] or less, shall be made up in a container for sale otherwise than by way of pre-packing only if the container is marked with an indication of quantity by capacity measurement.

F1 SR 1995/227

3.  Notwithstanding anything in paragraph 2, liquid fuel— N.I.

(a) when not pre-packed may be sold by volume, and

(b) may be pre-packed in a container marked with an indication of quantity by volume,

being in either case the volume of the gas which would be produced from the fuel in question at such temperature and such atmospheric pressure as are specified in regulations made by the Department with respect to fuel of the type in question or, if no such regulations are in force, as may be made known by the seller to the buyer before he pays for or takes possession of the fuel; and there shall be exempted from all requirements of paragraph 2 goods of any description in a quantity of less than[F2 250 grams] or of less than[F2 250 millilitres].

F2 SR 1995/227

PART II N.I. READY-MIXED CEMENT MORTAR AND READY-MIXED CONCRETE

1.  This Part applies to ready-mixed cement mortar and ready-mixed concrete. N.I.

[F3 2.   Subject to paragraph 3, any goods to which this Part applies— N.I.

(a) if made up in advance ready for retail sale or wholesale in a securely closed container, shall be sold only by volume, and

(b) if not so made up, shall be sold only by volume in a multiple of 0.1 cubic metre.]

F3 Sch. 6 Pt. II para. 2 substituted (19.7.2010) by Weights and Measures (Specified Quantities) (Pre-packed Products) Regulations (Northern Ireland) 2010 (S.R. 2010/203), reg. 3(4)

3.  There shall be exempted from the requirements of paragraph 2 any goods in a quantity of less than one cubic metre. N.I.

4.  Part II of Schedule 4 except sub-paragraph (3) of paragraph 7 of that Schedule, shall apply for the purposes of this Part as if— N.I.

(a) any reference in the said Part II to ballast included a reference to goods to which this Part applies; and

(b) the reference in sub-paragraph (1) of the said paragraph 7 to paragraph 2 of Schedule 4 were a reference to paragraph 2 of this Part.

PART III N.I. AGRICULTURAL LIMING MATERIALS, AGRICULTURAL SALT AND INORGANIC FERTILISERS

1.  This Part applies— N.I.

(a) to agricultural liming materials, other than calcareous sand;

(b) to agricultural salt;

(c) to, and to any mixture consisting mainly of, inorganic fertilisers, other than such fertilisers or such a mixture made up into pellets or other articles for use as individual items; and

(d) to any mixture of any of the foregoing.

2.—(1) Goods to which this Part applies which are not pre-packed, other than liquid fertilisers, shall be sold only by quantity, being— N.I.

(a) quantity by net weight; or

(b) if the goods are sold in a container which does not exceed the permitted weight and the gross weight of the goods is not less than[F4 25 kilograms], quantity either by net weight or by gross weight; or

(c) quantity by volume.

(2) Goods to which this Part applies shall be pre-packed only if the container is marked with an indication of quantity, being—

(a) in the case of liquid fertilisers, quantity by capacity measurement;

(b) in any other case, quantity by net weight or, if the container does not exceed the permitted weight and the gross weight of the goods is not less than[F4 25 kilograms], quantity either by net weight or by gross weight.

(3) In this paragraph, “permitted weight” means a weight at the rate of[F4 650 grams per 50 kilograms].

(4) There shall be exempted from all requirements of this paragraph any sale of goods with a view to their industrial use.

F4 SR 1995/227

3.  Paragraphs 4 and 5 of Schedule 4 shall have effect as if any reference in those paragraphs to ballast included a reference to any goods to which this Part applies. N.I.

PART IV N.I. PEAT AND WOOD FUEL

1.  Subject to paragraph 2,— N.I.

(a) peat or wood fuel which is not made up in a container for sale shall be sold by retail only by net weight;

(b) in the case of the sale by retail of peat or wood fuel made up in a container for sale, the quantity by net weight of the peat or wood fuel sold shall be made known to the buyer before he pays for or takes possession of it.

2.  There shall be exempted from the requirements of paragraph 1 any sale of peat or wood fuel in a quantity which does not exceed [F5 7.5 kilograms] or which exceeds[F5 500 kilograms]. N.I.

F5 SR 1995/227

3.  Any person, who with intent to defraud or deceive, damps any peat or wood fuel shall be guilty of an offence. N.I.

F6 PART V N.I. COSMETIC PRODUCTS

F6 Sch. 6 Pt. V repealed (11.7.2013) by The Cosmetic Products Enforcement Regulations 2013 (S.I. 2013/1478), reg. 1(2), Sch. 5 para. 1 (with reg. 6(5))

F6 1.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . N.I.

F6 2.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . N.I.

F6 3.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . N.I.

F6 4.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . N.I.

PART VI N.I. SOAP

1.  Subject to paragraph 2,— N.I.

(a) soap in the form of a cake, tablet or bar shall be pre-packed only if the container is marked with an indication of quantity by net weight;

(b) liquid soap shall be pre-packed only if the container is marked with an indication of quantity by capacity measurement;

(c) soap in any other form—

(i) unless pre-packed, shall be sold by retail only by net weight;

(ii) shall be pre-packed only if the container is marked with an indication of quantity by net weight.

2.  There shall be exempted from the requirements of this Part— N.I.

(a) liquid soap in a quantity of less than[F7 125 millilitres];

(b) soap in any other form in a quantity of less than[F7 25 grams].

F7 SR 1995/227

[F8 3.—F9 [(1)]  In this Part “soap” does not include any soap which is a cosmetic product F10 .... ] N.I.

[F11 (2)  Cosmetic product” has the same meaning as in Regulation ( EC ) 1223/2009 of the European Parliament and of the Council on cosmetic products (recast), as amended from time to time. ]

F8 SR 1994/319

F9 Sch. 6 Pt. 6 para. 3 renumbered as para. 3(1) (11.7.2013) by The Cosmetic Products Enforcement Regulations 2013 (S.I. 2013/1478), reg. 1(2), Sch. 5 para. 2(b) (with reg. 6(5))

F10 Words in Sch. 6 Pt. 6 para. 3 omitted (11.7.2013) by The Cosmetic Products Enforcement Regulations 2013 (S.I. 2013/1478), reg.1(2), Sch. 5 para. 2(a) (with reg. 6(5))

F11 Sch. 6 Pt. 6 para. 3(2) inserted (11.7.2013) by The Cosmetic Products Enforcement Regulations 2013 (S.I. 2013/1478), reg.1(2), Sch. 5 para. 2(c) (with reg. 6(5))

PART VII N.I. MISCELLANEOUS GOODS TO BE SOLD BY OR MARKED WITH LENGTH

1.  This Part applies to goods of any of the following descriptions, that is to say, bias binding, elastic, ribbon, tape and sewing thread. N.I.

2.  Subject to paragraph 3, goods to which this Part applies— N.I.

(a) unless pre-packed, shall be sold by retail only by length;

(b) shall be pre-packed only if the container is marked with an indication of quantity by length.

3.  There shall be exempted from all requirements of paragraph 2 goods of any description in a quantity of less than [F12 one metre]. N.I.

F12 SR 1995/227

PART VIII N.I. MISCELLANEOUS GOODS TO BE SOLD BY OR MARKED WITH NET WEIGHT

1.  This Part applies to— N.I.

(a) distemper;

(b) articles offered as feed for household pets, being manufactured feed or bird feed, other than animal feed in biscuit or cake form pre-packed in a quantity by number not exceeding 16;

(c) nails;

(d) paste paint;

(e) seeds, other than pea or bean seeds;

(f) rolled oats.

2.  Subject to paragraph 3 goods to which this Part applies— N.I.

(a) unless pre-packed, shall be sold by retail only by net weight;

(b) shall be pre-packed only if the container is marked with an indication of quantity by net weight.

[F13 3.   There shall be exempted from all requirements of this Part— N.I.

(a) distemper or paste paint in a quantity of less than 250 grams,

(b) bird seed in a quantity of less than 125 grams, and

(c) any other goods in a quantity of less than 25 grams;

and, notwithstanding any thing in paragraph 2, nails—

(i) when not pre-packed may be sold by retail by number;

(ii)  may be pre-packed in or on a container marked with an indication of quantity by number.]

F13 SR 1995/227

PART IX N.I. MISCELLANEOUS GOODS TO BE MARKED WHEN PRE-PACKED WITH NET WEIGHT

1.  This Part applies to— N.I.

(a) Portland cement;

(b) cleansing powders and scouring powders;

(c) detergents, other than liquid detergents;

(d) paint remover, other than liquid paint remover.

2.  Subject to paragraph 3, goods to which this Part applies shall be pre-packed only if the container is marked with an indication of quantity by net weight. N.I.

3.  There shall be exempted from the requirements of this Part goods of any description in a quantity of less than [F14 25 grams]. N.I.

F14 SR 1995/227

PART X N.I. MISCELLANEOUS GOODS TO BE SOLD BY OR MARKED WITH CAPACITY MEASUREMENT

1.  This Part applies to antifreeze fluid for internal combustion engines, linseed oil, paint (other than paste paint), paint thinner, turpentine, turpentine substitute, varnish, and wood preservative fluid (including fungicides and insecticides). N.I.

2.  Subject to paragraph 3 goods to which this Part applies— N.I.

(a) unless pre-packed, shall be sold by retail only by capacity measurement;

(b) shall be pre-packed only if the container is marked with an indication of quantity by capacity measurement.

3.  There shall be exempted from all requirements of this Part goods of any description in a quantity of less than [F15 150 millitres]. N.I.

F15 SR 1995/227

PART XI N.I. MISCELLANEOUS GOODS TO BE MARKED WHEN PRE-PACKED WITH CAPACITY MEASUREMENT

1.  This Part applies to enamel, lacquer, liquid detergents, liquid paint remover, petrifying fluid and rust remover. N.I.

2.  Subject to paragraph 3, goods to which this Part applies shall be pre-packed only if the container is marked with an indication of quantity by capacity measurement. N.I.

[F16 3.   There shall be exempted from the requirements of this Part— N.I.

(a) liquid detergents in a quantity of less than 125 millilitres, and

(b) goods of any other description in a quantity of less than 150 millilitres.]

F16 SR 1995/227

PART XII N.I. MISCELLANEOUS GOODS TO BE SOLD BY OR MARKED WITH NET WEIGHT OR CAPACITY MEASUREMENT

1.  This Part applies to— N.I.

(a) polishes;

(b) dressings analogous to polishes;

(c) pea seeds and bean seeds.

2.  Subject to paragraph 3 goods to which this Part applies— N.I.

(a) unless pre-packed, shall be sold by retail only by net weight or by capacity measurement;

(b) shall be pre-packed only if the container is marked with an indication of quantity either by net weight or by capacity measurement.

3.  There shall be exempted from all the requirements of this Part— N.I.

(a) pea or bean seeds in a quantity of less than[F17 250 grams] or of less than[F17 250 millilitres] ;

(b) any other goods in a quantity of less than[F17 30 grams] or of less than[F17 30 millitres].

F17 SR 1995/227

PART XIII N.I. MISCELLANEOUS GOODS TO BE MARKED WHEN PRE-PACKED WITH QUANTITY BY NUMBER

1.  This Part applies— N.I.

(a) to cheroots, cigarettes and cigars;

(b) to postal stationery, that is to say, paper or cards for use in correspondence and envelopes;

(c) to, and to any mixture consisiting mainly of, inorganic fertilisers, being such fertilisers or such a mixture made up into pellets or other articles for use as individual items; and

(d) to manufactured animal feed in biscuit or cake form pre-packed in a quantity by number of 16 or less.

2.  Subject to paragraphs 3 and 4, goods to which this Part applies shall be pre-packed only if the container is marked with an indication of quantity by number. N.I.

3.  In relation to postal stationery, the reference to number in paragraph 2 shall be construed as a reference to the number of sheets of paper, cards or envelopes, as the case may be, in the pad, confining band or other form of container; and postal stationery shall be exempted from the requirements of that paragraph if pre-packed as part of a collection of articles made up for sale together and including any article other than postal stationery and blotting or other paper. N.I.

4.  There shall be exempted from the requirements of this Part any goods in a quantity by number of one. N.I.