The Weights and Measures (Packaged Goods) Regulations (Northern Ireland) 2011

Interpretation N.I.

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 [F1 Article 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];

F2 ...

“customs seal” means—

(a)

an official customs seal used to secure or identify any goods for any of the purposes of the customs and excise Acts; or

(b)

a seal which a trader has been authorised by Her Majesty’s Revenue and Customs to use to secure or identify any goods for any of the purposes of the customs and excise Acts in place of an official customs seal;

“customs and excise Acts” has the same meaning as in the Customs and Excise Management Act 1979 (1);

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

[F3 “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” has the same meaning as in the “1981 Order”;

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

[F4 “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);

“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) [F5 or, 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 1981 Order” means the Weights and Measures (Northern Ireland) Order 1981;

“the 1990 Regulations” means the Weights and Measures (Packaged Goods) Regulations (Northern Ireland) 1990 (2);

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

(2) The Interpretation Act (Northern Ireland) 1954 (3) shall apply to these Regulations as it applies to an Act of the Assembly.

Textual Amendments

F1 Words in reg. 2 substituted (11.7.2013) by The Cosmetic Products Enforcement Regulations 2013 (S.I. 2013/1478), reg. 1(2), Sch. 5 para. 29(a) (with reg. 6(5))

F2 Words in reg. 2 omitted (1.10.2015) by virtue of The Consumer Rights Act 2015 (Commencement No. 3, Transitional Provisions, Savings and Consequential Amendments) Order 2015 (S.I. 2015/1630), art. 1, Sch. 2 para. 126 (with art. 8)

F3 Words in reg. 2 inserted (18.4.2016) by The Weights and Measures (Food) (Amendment) Regulations (Northern Ireland) 2016 (S.R. 2016/187), regs. 1, 36(a)

F4 Words in reg. 2 inserted (18.4.2016) by The Weights and Measures (Food) (Amendment) Regulations (Northern Ireland) 2016 (S.R. 2016/187), regs. 1, 36(b)

F5 Words in reg. 2 inserted (18.4.2016) by The Weights and Measures (Food) (Amendment) Regulations (Northern Ireland) 2016 (S.R. 2016/187), regs. 1, 36(c)

F6 Words in reg. 2 inserted (18.4.2016) by The Weights and Measures (Food) (Amendment) Regulations (Northern Ireland) 2016 (S.R. 2016/187), regs. 1, 36(d)

Commencement Information

I1 Reg. 2 in operation at 1.11.2011, see reg. 1

(1)

1979 c.2

(2)

S.R. 1990 No.410 as amended by S.R. 1992 No. 485, S.R. 1994 No.321 and S.R. 1995 No.229

(3)

1954 c.33 (N.I.)