(1)Subject to section 44 below, where any goods are required, when not pre-packed, to be sold only by quantity expressed in a particular manner or only in a particular quantity, any person shall be guilty of an offence who—
(a)whether on his own behalf or on behalf of another person, offers or exposes for sale, sells or agrees to sell, or
(b)causes or suffers any other person to offer or expose for sale, sell or agree to sell on his behalf,
those goods otherwise than by quantity expressed in that manner or, as the case may be, otherwise than in that quantity.
(2)Any person shall be guilty of an offence who—
(a)whether on his own behalf or on behalf of another person, has in his possession for sale, sells or agrees to sell,
(b)except in the course of carriage of the goods for reward, has in his possession for delivery after sale, or
(c)causes or suffers any other person to have in his possession for sale or for delivery after sale, sell or agree to sell on behalf of the first-mentioned person,
any goods to which subsection (3) below applies, whether the sale is or is to be, by retail or otherwise.
(3)This subsection applies to any goods—
(a)which are required to be pre-packed only in particular quantities but are not so pre-packed,
(b)which are required to be otherwise made up in or on a container for sale or for delivery after sale only in particular quantities but are not so made up,
(c)which are required to be made for sale only in particular quantities but are not so made,
(d)which are required to be pre-packed only if the container is marked with particular information but are pre-packed otherwise than in or on a container so marked,
(e)which are required to be otherwise made up in or on a container for sale or for delivery after sale only if the container is marked with particular information but are so made up otherwise than in or on a container so marked,
(f)which are required to be pre-packed only in or on a container of a particular description but are not pre-packed in or on a container of that description, or
(g)which are required to be otherwise made up in or on a container for sale or for delivery after sale only in or on a container of a particular description but are not so made up in or on a container of that description.
(4)In the case of any sale where the quantity of the goods sold expressed in a particular manner is required to be made known to the buyer at or before a particular time and that quantity is not so made known, the person by whom, and any other person on whose behalf, the goods were sold shall be guilty of an offence.
(5)Where any goods required to be sold by means of, or to be offered or exposed for sale in, a vending machine only if certain requirements are complied with are so sold, offered or exposed without those requirements being complied with, the seller or person causing the goods to be offered or exposed shall be guilty of an offence.
(6)The preceding provisions of this section have effect subject to sections 33 to 37 below.
[F1(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.]
(8)In this section “required” means required by or under this Part of this Act.
Textual Amendments
F1S. 25(7) substituted (6.4.2006) by The Weights and Measures (Packaged Goods) Regulations 2006 (S.I. 2006/659), reg. 1(1), Sch. 1 Pt. 2(3) (with reg. 21)
Modifications etc. (not altering text)
C1S. 25(2) restricted by S.I. 1988/2040, art. 11(2)
C2S. 25(2) excluded (temp.) by S.I. 1990/1550, art. 4
C3S. 25(2)(3) applied with modifications by S.I. 1988/2040, art. 18