The Weights and Measures (Specified Quantities) (Pre-packed Products) Regulations 2009

Citation and commencement

1.  These Regulations may be cited as the Weights and Measures (Specified Quantities) (Pre-packed Products) Regulations 2009 and come into force on 11th April 2009.

Amendment to the Weights and Measures Act 1985

2.—(1) The Weights and Measures Act 1985(1) is amended as follows.

(2) For paragraph 2 of Schedule 4 (sand and other ballast) substitute—

“2.   Subject to paragraphs 3 and 11 below ballast—

(a) if made up in advance ready for retail sale or wholesale in a securely closed container, shall be sold only by volume or by net weight, and

(b) if not so made up, shall be sold only by volume in a multiple of 0.2 cubic metre or by net weight.”.

(3) In paragraph 3 of Schedule 5 (solid fuel)—

(a) for sub-paragraph (1) substitute—

“(1) Solid fuel—

(a) if made up in advance ready for retail sale or wholesale in a securely closed container, shall be sold only by net weight, and

(b) if not so made up, shall be sold only in one of the following quantities by net weight, namely—

(i) 25 kilograms;

(ii) 50 kilograms;

(iii) any multiple of 50 kilograms.”; and

(b) omit sub-paragraph (2).

(4) In paragraph 5 of Schedule 6 (miscellaneous goods other than foods), for sub-paragraph (1) substitute—

“(1) Subject to the following provisions of this Part of this Schedule, any goods to which this Part of this Schedule applies—

(a) if made up in advance ready for retail sale or wholesale in a securely closed container, shall be sold only by volume, and

(b) if not so made up, shall be sold only by volume in a multiple of 0.1 cubic metre.”.

(5) In Schedule 7 (composite goods and collections of articles)—

(a) in paragraph 3(2)—

(i) after “marked with” insert—

“(a) an indication of the total capacity of the container (indicated in such a way as to avoid giving a false impression of the quantity of goods in the container), and

(b)”; and

(ii) for “net weight” substitute “net volume”; and

(b) in paragraph 5, for “3” substitute “3(2)(b)”.

Amendment to the Weights and Measures (Knitting Yarns) Order 1988

3.—(1) The Weights and Measures (Knitting Yarns) Order 1988(2) is amended as follows.

(2) For paragraph (1) of article 2 substitute—

“(1) Subject to the following provisions of this Order—

(a) knitting yarns made up in advance ready for retail sale in a securely closed container must be sold only by net weight in grams; and

(b) knitting yarns not so made up must be pre-packed only in one of the following quantities by net weight in grams, that is to say 25, 50, 100, 150, 200, 250, 300, 350, 400, 450, 500, 1000.”.

(3) In article 3, after “packs of knitting yarn,” insert “then, unless the knitting yarn is made up in advance ready for retail sale in a securely closed container,”.

Amendment to the Weights and Measures (Intoxicating Liquor) Order 1988

4.—(1) The Weights and Measures (Intoxicating Liquor) Order 1988(3) is amended as follows.

(2) For paragraph (2) of article 1 substitute—

“(2) In this Order, except where the context expressly otherwise requires—

“the 1979 Act” means the Alcoholic Liquor Duties Act 1979;

“beer” and “cider” have the same meanings respectively as in section 1 of the 1979 Act but, in the case of “cider”, as if the definition in section 1(6) did not include the words “(or perry)” in either place where they occur or “or pear”;

“CN code” means a code comprised in the Combined Nomenclature;

“the Combined Nomenclature” means the Combined Nomenclature of the European Community;

“made-wine” and “wine” have the same meanings respectively as in section 1 of the 1979 Act; and

references to a subheading are to a subheading of the Combined Nomenclature.”.

(3) After article 3 insert—

“3A.— (1) Subject to paragraph (2), the intoxicating liquors specified in column 1 of Schedule A1 to this Order may be pre-packed only if they are made up in one of the quantities specified in column 3, subject to the exceptions specified in column 4.

(2) Paragraph (1) does not apply to the intoxicating liquors specified in column 1 of Schedule A1 to this Order when they are sold duty-free for consumption outside the European Union.

(3) Where two or more pre-packages make up a multi-pack, the quantities specified in column 3 of Schedule A1 to this Order apply to each pre-package.

(4) For the purposes of this article—

(a) “pre-package” means a combination of a product and the individual package in which it is pre-packed; and

(b) “pre-packed” means made up in advance ready for retail sale or wholesale in a securely closed container.”.

(4) Omit article 4.

(5) In article 7, for “Act” substitute “Weights and Measures Act 1985”.

(6) Before Schedule 1 insert Schedule A1 as set out in the Schedule to these Regulations.

(7) In Schedule 1, omit columns 2 and 3.

Amendment to the Weights and Measures (Miscellaneous Foods) Order 1988

5.—(1) The Weights and Measures (Miscellaneous Foods) Order 1988(4) is amended as follows.

(2) In article 3, after paragraph (4) insert—

“(5) If any of the foods (other than chunk honey) specified in column 1 of Schedule 1 to this Order is made up in advance ready for retail sale or wholesale in a securely closed container, the requirement in paragraph (1) that it be sold only in one of the quantities specified in column 2 in relation to the food does not apply.”.

(3) In article 6—

(a) in paragraph (1) omit “, when not pre-packed,”; and

(b) in paragraph (2)—

(i) after “above” insert “— (a)”; and

(ii) at the end insert—

“; and

(b) a whole loaf of bread made up in advance ready for retail sale or wholesale in a securely closed container”.

(4) In article 11, omit paragraph (2).

Amendment to the Aerosol Dispensers (EEC Requirements) Regulations 1977

6.—(1) The Aerosol Dispensers (EEC Requirements) Regulations 1977(5) are amended as follows.

(2) In regulation 3(1)(c) omit “by weight and”.

Paul Drayson

Minister of State for Science and Innovation,

Department for Innovation, Universities and Skills

12th March 2009