The Measuring Container Bottles (EEC Requirements) Regulations 1977

Citation and commencement U.K.

1.  These Regulations may be cited as the Measuring Container Bottles (EEC Requirements) Regulations 1977 and shall come into operation on 29th June 1977.

Commencement Information

I1 Reg. 1 in force at 29.6.1977, see reg. 1

Interpretation and extent U.K.

2.—(1) In these Regulations:—

“batch”, in relation to measuring container bottles, means a batch of such bottles ascertained in the manner specified in [F1 Schedule 3] for the purposes of checking that the requirements of [F2 these Regulations] have been complied with;

[F3 “credentials”, in relation to an inspector, means authority in writing from the local weights and measures authority who appointed him for the exercise by that inspector of powers conferred on inspectors by Regulation 7 or, as the case may be, by Regulation 8;;]

“the Directive” means Council Directive No. 75/107/EEC;

“EEC sign” means the stylized letter ε (epsilon) reversed symmetrically about a vertical axis of which the following is a representation:

[F4 “importer” means any person who—

(a)

is established in the UK; and

(b)

places a measuring container bottle (marked with the UK marking) from a country outside the United Kingdom onto the market;]

“inspector” means, in Great Britain, an inspector of weights and measures appointed or deemed to have been appointed under section 41 of the Weights and Measures Act 1963 and means, in Northern Ireland, an inspector of weights and measures appointed under section 27 of the Weights and Measures Act (Northern Ireland) 1967;

“justice of the peace” includes, in Scotland, a sheriff;

“local weights and measures authority”, in relation to any functions under these Regulations of any such authority which are for the time being the subject of any arrangements made by such authority for the discharge of any of its functions by another local authority, includes the authority by whom those functions fall to be exercised under the arrangements;

“manufacturer” means the manufacturer of measuring container bottles marked or to be marked with the [F5 UK marking];

“production control records” means records of measurement of capacity of measuring container bottles carried out by the manufacturer after completion of the manufacturing process.

[F6 “UK marking” means the marking in the form set out in Annex 2 of Regulation (EC) No 765/2008 of the European Parliament and of the Council setting out the requirements for accreditation and market surveillance relating to the marketing of products;]

[F7 (1A) Schedules 2 and 3 reproduce provisions of Annexes I and II (respectively) to the Directive with amendments to correct deficiencies in [F8 assimilated] law.

(1B) A reference to a provision of Schedules 2 and 3 is a reference to the equivalent provision of Annexes I and II to the Directive as set out in that Schedule.]

(2) The Interpretation Act 1889 shall apply for the interpretation of these Regulations as it applies for the interpretation of an Act of Parliament.

(3) Subject to the provisions set out in [F9 Schedule 1] hereto, these Regulations shall extend to Northern Ireland.

Textual Amendments

F1 Words in reg. 2(1) substituted (31.12.2020) by The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 4 para. 2(2)(a)(i) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)

F2 Words in reg. 2(1) substituted (31.12.2020) by The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 4 para. 2(2)(a)(ii) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)

F3 Words in reg. 2(1) substituted (1.4.1985) by The EEC Requirements (Amendment) Regulations 1985 (S.I. 1985/306), regs. 1, 3(a)

F4 Words in reg. 2(1) substituted (31.12.2020) by The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 4 para. 2(2)(b) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)

F5 Words in reg. 2(1) substituted (31.12.2020) by The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 4 para. 2(2)(c) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)

F6 Words in reg. 2(1) inserted (31.12.2020) by The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 4 para. 2(2)(d) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)

F7 Reg. 2(1A)(1B) inserted (31.12.2020) by The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 4 para. 2(3) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)

F8 Word in reg. 2(1A) substituted (27.2.2025) by The Retained EU Law (Revocation and Reform) Act 2023 (Consequential Amendments) Regulations 2025 (S.I. 2025/82), reg. 1(2), Sch. 6 para. 1

F9 Words in reg. 2(3) substituted (31.12.2020) by The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 4 para. 2(4) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)

Commencement Information

I2 Reg. 2 in force at 29.6.1977, see reg. 1

Application U.K.

3.  These Regulations apply [F10 to bottles made of glass, or any other substance having the rigidity and stability that offers the same metrological guarantees as glass, when such bottles—

(a) are stoppered or designed to be stoppered and are intended for the storage, transport or delivery of liquids,

(b) have a nominal capacity of between 0.05 litre and five litres inclusive, and

(c) have metrological characteristics (design characteristics and uniformity of manufacture)

such that they can be used as measuring containers, i.e. when they are filled up to a specified level or to a specified percentage of their brim capacity their contents can be measured with sufficient accuracy.]

Textual Amendments

F10 Words in reg. 3 substituted (31.12.2020) by The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 4 para. 3 (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)

Commencement Information

I3 Reg. 3 in force at 29.6.1977, see reg. 1

Weights and Measures Acts U.K.

4.  The definition of “weighing or measuring equipment” in section 58(1) of the Weights and Measures Act 1963 and in section 41 of the Weights and Measures Act (Northern Ireland) 1967 shall not include measuring container bottles bearing the [F11 UK marking].

Textual Amendments

F11 Words in reg. 4 substituted (31.12.2020) by The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 4 para. 4 (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)

Commencement Information

I4 Reg. 4 in force at 29.6.1977, see reg. 1

General U.K.

[F12 5.— (1) Only measuring container bottles—

(a) complying with paragraph 3 of Schedule 2;

(b) the actual capacity of which has been checked in accordance with paragraph 4 of Schedule 2; and

(c) marked in accordance with paragraph 5.1.1 and 5.1.2 of Schedule 2; shall be marked with the UK marking.

(2) The UK marking on a measuring container bottle, or where paragraph (2A) applies, on a label affixed to the bottle or on a document accompanying the bottle shall be at least 3mm high and shall be indelible, easily legible and visible.

(2A) For a period of [F13 seven years] beginning with IP completion day, the UK marking may be affixed to a label affixed to, or a document accompanying, a measuring container bottle. 

(3) It is the responsibility of the manufacturer to affix the UK marking to certify that a measuring container bottle meets the requirements of these Regulations, including Schedule 2.]

Textual Amendments

F12 Reg. 5 substituted (31.12.2020) by The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 4 para. 5 (as amended by S.I. 2020/676, regs. 1(1), 2 and S.I. 2020/1460, reg. 1(4), Sch. 3 para. 4(2)); 2020 c. 1, Sch. 5 para. 1(1)

F13 Words in reg. 5(2A) substituted (31.12.2022) by The Product Safety and Metrology (Amendment and Transitional Provisions) Regulations 2022 (S.I. 2022/1393), regs. 1(1), 3, Sch. 2 para. (a)

Manufacturer's Identification Mark U.K.

6.—(1) A manufacturer shall submit to the Secretary of State for approval a mark identifying the manufacturer.

(2) If the Secretary of State approves the mark submitted to him, he shall notify the manufacturer of that approval within one month of the date thereof.

F14 (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F14 Reg. 6(3) omitted (31.12.2020) by virtue of The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 4 para. 6 (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)

Modifications etc. (not altering text)

C1 Reg. 6: transfer of functions (2.10.1979) by Weights and Measures Act 1979 (c. 45), ss. 7(5), 24(3)(b); S.I. 1979/1228, art. 2

Commencement Information

I5 Reg. 6 in force at 29.6.1977, see reg. 1

Duties of manufacturers to keep records U.K.

7.—(1) Every manufacturer shall—

(a) keep production control records and

(b) preserve the records for a period of six months after their making.

F15 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F15 Reg. 7(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. 5 (with art. 8)

Commencement Information

I6 Reg. 7 in force at 29.6.1977, see reg. 1

[F16 Obligations which are met by complying with obligations in the Directive U.K.

7A.— (1) In this regulation any reference to an Article or an Annex is a reference to an Article or an Annex of the Directive.

(2) Paragraph (3) applies where, before a measuring container bottle is sold or supplied on the UK market, the manufacturer—

(a) has complied with the requirements of the Directive in accordance with Article 2 and Annex 1; and

(b) marks the bottle with the EEC sign in accordance with the third subparagraph of paragraph 5 of Annex 1.

(3) Where this paragraph applies—

(a) the requirements of regulations 5 and of Schedule 2 are to be treated as being satisfied;

(b) the definitions of importer and manufacturer in regulation 2(1) apply subject to the modification that the references to “UK marking” are to be read as references to the EEC sign; and

(c) regulations 4, 9 and 10 apply subject to the modifications that—

(i) any reference to “UK marking” is to be read as a reference to the EEC sign;

(ii) any reference to “these Regulations” is to be read as a reference to the Directive.]

Textual Amendments

F16 Regs. 7A-7C inserted (31.12.2020) by The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 4 para. 7 (as amended by S.I. 2020/676, regs. 1(1), 2 and S.I. 2020/1460, reg. 1(4), Sch. 3 para. 4(3); 2020 c. 1, Sch. 5 para. 1(1)

Expiry of regulation 7A U.K.

F17 7B.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F17 Reg. 7B omitted (1.10.2024) by virtue of The Product Safety and Metrology etc. (Amendment) Regulations 2024 (S.I. 2024/696), regs. 1(2), 2 (with reg. 23)

[F18 Qualifying Northern Ireland Goods U.K.

7C.— (1) Where paragraph (2) applies—

(a) the requirements of regulation 5 and of Schedule 2 are treated as being satisfied;

(b) the definition of “importer” and “manufacturer” in regulation 2(1) apply subject to the modification that the references to “UK marking” are to be read as references to the EEC sign.

(2) This paragraph applies where a measuring container bottle—

(a) complies with regulation 5, as it applies in Northern Ireland; and

(b) is qualifying Northern Ireland goods.

(3) In this regulation “qualifying Northern Ireland goods” has the meaning given to it in regulations made under section 8C(6) of the European Union (Withdrawal) Act 2018.]

Textual Amendments

F18 Regs. 7A-7C inserted (31.12.2020) by The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 4 para. 7 (as amended by S.I. 2020/676, regs. 1(1), 2 and S.I. 2020/1460, reg. 1(4), Sch. 3 para. 4(3); 2020 c. 1, Sch. 5 para. 1(1)

Powers of inspection and entry U.K.

8.—F19 (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F19 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F19 (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F19 (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) If a person who enters any work-place [F20 for the purposes of these Regulations] discloses to any other person any information obtained by him in the workplace with regard to any manufacturing process or trade secret he shall, unless the disclosure was made in performance of his duty, be guilty of an offence.

Textual Amendments

F19 Reg. 8(1)-(4) 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. 6(a) (with art. 8)

F20 Words in reg. 8(5) substituted (1.10.2015) by 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. 6(b)

Commencement Information

I7 Reg. 8 in force at 29.6.1977, see reg. 1

Individual measuring container bottles U.K.

9.  An inspector, if he finds that any person is in possession in the course of a business of any individual measuring container bottle which does not comply with these Regulations but which is marked with the [F21 UK marking], shall give directions to that person that the bottle may not be sold or supplied marked with the [F21 UK marking].

Textual Amendments

F21 Words in reg. 9 substituted (31.12.2020) by The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 4 para. 8 (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)

Commencement Information

I8 Reg. 9 in force at 29.6.1977, see reg. 1

Offences U.K.

10.—(1) Any manufacturer or importer who—

(a) sells or has in his possession for sale a batch of measuring container bottles marked with the [F22 UK marking] but not complying with these Regulations; or

(b) sells or has in his possession for sale measuring container bottles marked with the [F23 UK marking] which is less than 3mm high;

(c) systematically exploits the maximum permissible limits of error set out in the table [F24 at paragraph 1 of Schedule 2];

shall be guilty of an offence.

(2) Any manufacturer who—

(a) without reasonable cause fails to keep production control records or to preserve such records in accordance with Regulation 7(1); or

F25 (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c) makes any production control record which he knows to be false, or with intent to deceive alters or causes to be altered such records;

shall be guilty of an offence.

F26 (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) Any person who without reasonable cause fails to comply with directions given in accordance with F27 ...Regulation 9 shall be guilty of an offence

F28 (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F28 (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7) Any person other than a manufacturer or a person marking it to the order of a manufacturer, who marks a measuring container bottle with the [F29 UK marking] shall be guilty of an offence.

Textual Amendments

F22 Words in reg. 10(1)(a) substituted (31.12.2020) by The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 4 para. 9(a) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)

F23 Words in reg. 10(1)(b) substituted (31.12.2020) by The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 4 para. 9(a) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)

F24 Words in reg. 10(1)(c) substituted (31.12.2020) by The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 4 para. 9(b) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)

F25 Reg. 10(2)(b) 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. 7(a) (with art. 8)

F26 Reg. 10(3) 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. 7(a) (with art. 8)

F27 Words in reg. 10(4) 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. 7(b) (with art. 8)

F28 Reg. 10(5)(6) 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. 7(c) (with art. 8)

F29 Words in reg. 10(7) substituted (31.12.2020) by The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 4 para. 9(a) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)

Commencement Information

I9 Reg. 10 in force at 29.6.1977, see reg. 1

Offences by corporations U.K.

11.—(1) Where an offence under any provision of these Regulations which has been committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, any director, manager, secretary or other similar officer of the body corporate, or any person who was purporting to act in any such capacity, he as well as the body corporate shall be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly.

(2) Where the affairs of a body corporate are managed by its members, paragraph (1) above shall apply in relation to the acts and defaults of a member in connection with his functions of management as if he were a director of the body corporate.

Commencement Information

I10 Reg. 11 in force at 29.6.1977, see reg. 1

Defences U.K.

12.  Where an offence under Regulation 10(1)(a) or 10(1)(b) is alleged to have been committed it shall be a defence for any person charged with the offence to prove that he took all reasonable precautions and exercised all due diligence to avoid the commission of the offence.

Commencement Information

I11 Reg. 12 in force at 29.6.1977, see reg. 1

Enforcement U.K.

13.  In England or Wales, proceedings for an offence under these Regulations shall not be instituted except by or on behalf of a local weights and measures authority or the chief officer of police for a police area.

Commencement Information

I12 Reg. 13 in force at 29.6.1977, see reg. 1

Penalties U.K.

14.—(1) A person guilty of an offence under Regulation 10(1)(b) [F30 or] 10(4) (insofar as it relates to directions given in accordance with Regulation 9) F31 ... shall be liable on summary conviction to a fine not exceeding [F32 £400].

(2) A person guilty of any other offence under these Regulations shall be liable on summary conviction to a fine not exceeding [F33 £2000].

Textual Amendments

F30 Word in reg. 14(1) substituted (1.4.1985) by The EEC Requirements (Amendment) Regulations 1985 (S.I. 1985/306), regs. 1, 3(b)(i)

F31 Word in reg. 14(1) omitted (1.4.1985) by The EEC Requirements (Amendment) Regulations 1985 (S.I. 1985/306), regs. 1, 3(b)(ii)

F32 Sum in reg. 14(1) substituted (1.4.1985) by The EEC Requirements (Amendment) Regulations 1985 (S.I. 1985/306), regs. 1, 3(b)(iii)

F33 Sum in reg. 14(2) substituted (1.4.1985) by The EEC Requirements (Amendment) Regulations 1985 (S.I. 1985/306), regs. 1, 3(c)

Commencement Information

I13 Reg. 14 in force at 29.6.1977, see reg. 1

John Fraser

Minister of State

Department of Prices and Consumer Protection

26th May 1977