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This is the original version (as it was originally made). This item of legislation is currently only available in its original format. The electronic version of this UK Statutory Instrument has been contributed by Westlaw and is taken from the printed publication. Read more
This Order replaces Parts I, II, VII and XII of Schedule 4 to the Weights and Measures Act 1963 and the Weights and Measures Act 1963 (Cheese) Order 1977, which relate to the food covered by this Order.
It also implements the requirements of Article 8 of Council Directive No. 79/112/EEC in relation to quantity marking in the case of such foods.
From 1st January 1986 all cheese other than the cheese described in Article 4(5) to the Order, whole Stilton cheese and cheese in a quantity of less than 25 g or more than 10 kg may only be pre-packed if the container is marked with the quantity by net weight, unless it is sold by gross weight in a container which does not exceed the permitted weight for the container and the quantity is made known to the buyer before he pays for or takes possession of the goods. Subject to certain exceptions, other food to which the Order applies, other than fresh fruits and vegetables, may only be prepacked if the container is marked with an indication of quantity by net weight.
Subject to certain exceptions, fruits and vegetables, other than soft fruits and mushrooms, may only be prepacked if the container is marked with an indication of quantity by net weight or, in the case of countable produce, either by net weight or by number: If not pre-packed they must be sold by retail only by net weight or, in the case of countable produce, either by net weight or number. Subject to certain exceptions, soft fruits and mushrooms may only be sold by retail by net weight, or by gross weight if the container does not exceed the permitted weight for the container, and the quantity must be made known to the buyer before he pays for or takes possession of the goods.
Transitional provisions are also included in the Order to allow time for goods, which comply with the provisions of the Act or the Weights and Measures Act 1963 (Cheese) Order 1977, to be sold by manufacturers, importers, wholesalers and retailers, notwithstanding that the goods do not comply with this Order.
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