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The Weights and Measures (Miscellaneous Foods) Order 1988

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11.—(1) Milk which is not pre-packed shall be sold only by capacity measurement or by net weight.

(2) If in the case of any pre-packed milk made up in a quantity of less than ½ pt its container is clearly and conspicuously marked with a statement in writing that it is not for sale otherwise than by means of a vending machine, then, notwithstanding that the milk is made up in a quantity other than one of those specified in column 2 of Schedule 1 to this Order in relation to milk, a person shall not by reason only of that fact be guilty of an offence under section 25(2) of the Act—

(a)in respect of a sale of that milk by that or any other person if the sale is by means of a vending machine or is otherwise than by retail; or

(b)in respect of the possession of that milk by that or any other person if the milk is shown to be in that possession—

(i)for sale by means of a vending machine which complies with paragraph (3) below; or

(ii)for sale otherwise than by retail; or

(iii)for delivery after sale otherwise than by retail.

(3) Milk shall be sold by means of, or offered or exposed for sale in, a vending machine only if there is displayed on or in the machine—

(a)an indication of the quantity by capacity measurement of the milk comprised in each item for sale by means of that machine; and

(b)except where the machine is on premises at which the seller carries on business, a statement of the name and address of the seller.

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