United Kingdom Statutory Instruments

"batch" means a group of packages selected in accordance with the provisions of Schedule 2 for the purposes of conducting a reference test;

"bread" means bread in the form of single loaves (whether or not sliced);

    " (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."

    (4) In section 28(2), for paragraph (a) substitute—

" (a) 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; and".

    (5) In section 40(3) omit the words "(apart from Part V").

    (6) In section 72—

(a) in subsection (1), after the words "this Act", insert "and the packaged goods regulations"; and

(b) in subsection (3), after the words "to the purposes of this Act", insert "and the packaged goods regulations".

    (7) In section 74—

(a) in subsection (1), after the words "this Act", insert "or the packaged goods regulations"; and

(b) in subsection (6), after the words "this Act", insert "or any provision of the packaged goods regulations".

    (8) In sections 75(1)(a) and 75(1A)(b), after the words "this Act", insert "or the packaged goods regulations";

    (9) In section 79—

(a) in paragraph (2)(b) omit the words "(except an offence under Part V)"; and

(b) in paragraph (3)(a) omit the words "(except an offence under Part V or any instrument made under that Part)".

    (10) In section 80, after the words "this Act", insert "or the packaged goods regulations".

    (11) In section 83—

(a) in subsection (1)—


(i) for the words "Subject to subsection (2) below, in" substitute "In"; and

(ii) omit the words ", other than proceedings for an offence under section 64,";



(b) subsection (2) is repealed; and

(c) in subsection (3) omit the words ", except in the case of an offence under section 50, 54 or 63 or Schedule 8".

    (12) In section 84—

(a) in subsection (4)(a) for the words ", 20(3)(b) or 50 (2), (3) or (4) above" substitute "or 20(3)(b) above"; and

(b) in subsection (5) omit the words "64 or".

    (13) In section 85(1) omit the words ", except proceedings for an offence under Part V or any instrument made under that Part,".

    (14) In section 86—

(a) in subsection (2)(a) omit the word "62,";

(b) in subsection (2)(b) omit the words "or Part V of this Act"; and

(c) subsection (4) is repealed.

    (15) In section 87 omit the words ", except Part V".

    (16) In section 94(1)—

(a) in the definition of "container", omit the words "except in Part V,"; and

(b) after the definition of "occupier", insert—

" "packaged goods regulations" means the Weights and Measures (Packaged Goods) Regulations 2006;"

    (17) In paragraph 21(2) of Schedule 11, omit the words "(except in Part V)".

" (g) section 79 of the Weights and Measures Act 1985 (c. 72) or Schedule 7 to the Weights and Measures (Packaged Goods) Regulations 2006 (powers of entry and inspection etc);"

    (27) In Part 1 of Schedule 1—

(a) in paragraph 36 omit the words ", except Part 5";

(b) omit paragraph 37; and

(c) insert after paragraph 73F—


" Weights and Measures (Packaged Goods) Regulations 2006 (S.I. 2006/659)


     73G The power of seizure conferred by paragraph 4 of Schedule 5 to the Weights and Measures (Packaged Goods) Regulations 2006 (seizure of evidence of offences under regulations 12 to 15 of, or Schedule 7 to, those Regulations)."

2.1.1 a check covering the actual contents of each package in the sample,

2.1.2 another check on the average of the actual contents of the packages in the sample.

    2.2 A batch of packages shall be considered acceptable if the results of both these checks satisfy the acceptance criteria.

    2.3 For each of these checks, there are three sampling plans:

2.3.1 a single sampling plan for non-destructive testing, i.e. testing which does not involve opening the package,

2.3.2 a double sampling one for non-destructive testing, and

2.3.3 a single sampling plan for destructive testing, i.e., testing which involves opening or destroying the package.

    2.4 For economic and practical reasons, the third test shall be limited to the absolutely essential minimum; it is less effective than the non-destructive tests. Destructive testing shall therefore be used only when non-destructive testing is impracticable. As a general rule it shall not be applied to batches of fewer than 100 units.

Package batches
    2.5 The batch shall comprise all the packages of the same nominal quantity, the same type and the same production run, packed in the same place, which are to be inspected. The batch size shall be limited to the amounts laid down below.

    2.6 When packages are checked at the end of the packing line, the number in each batch shall be equal to the maximum hourly output of the packing line, without any restriction as to batch size.

    2.7 In other cases the batch size shall be limited to 10,000.

    2.8 For batches of fewer than 100 packages, the non-destructive test, where carried out, shall be 100% .

    2.9 Before the tests in paragraphs 3 and 4 are carried out, a sufficient number of packages shall be drawn at random from the batch so that the check requiring the larger sample can be carried out. For the other check, the necessary sample shall be drawn at random from the first sample and marked.

    2.10 This marking operation shall be completed before the start of measuring operations.

     3. CHECKING OF THE ACTUAL CONTENTS OF A PACKAGE

    3.1 The minimum acceptable contents shall be calculated by subtracting the tolerable negative error for the contents concerned from the nominal quantity of the package.

    3.2 Packages in the batch whose actual contents are less than the minimum acceptable contents shall be considered defective.

Single sampling plan for non-destructive testing
    3.3 The number of packages checked shall be equal to the number in the sample, as indicated in the table below.

    3.4 If the number of defective packages found in the sample is less than or equal to the acceptance criterion indicated in that table, the group shall be considered as acceptable for the purpose of the check.

    3.5 If the number of defective packages found in the sample is equal to or greater than the rejection criterion there indicated, the group shall be rejected.

		Number of defective packages
Number in group	Number in sample	Acceptance criterion	Rejection criterion
100 to 500	50	3	4
501 to 3,200	80	5	6
3,201 and above	125	7	8

    3.6 For a batch of fewer than 100 packages the batch shall be considered acceptable for the purposes of the check if the number of defective packages does not exceed 5% .

Double sampling plan for non-destructive testing
    3.7 Non-destructive testing shall be carried out in accordance with a double sampling plan as shown in the table below.

    3.8 The first number of packages checked shall be equal to the number of units in the first sample, as indicated in the plan.

    3.9 If the number of defective units found in the first sample is less than or equal to the first acceptance criterion, the batch shall be considered acceptable for the purpose of this check.

    3.10 If the number of defective units found in the first sample is equal to or greater than the first rejection criterion, the batch shall be rejected.

    3.11 If the number of defective units found in the first sample lies between the first acceptance criterion and the first rejection criterion, a second sample shall be checked, the number of units in which is indicated in the plan. The defective units found in the first and second samples shall be added together and:

3.1.1 if the aggregate number of defective units is less than or equal to the second acceptance criterion, the batch shall be considered acceptable for the purpose of this check,

3.1.2 if the aggregate number of defective units is greater than or equal to the second rejection criterion, the batch shall be rejected.



	Samples		Number of defective units
Number in batch	Order	Number	Aggregate number	Acceptance criterion	Rejection criterion
100 to 50	1st 2nd	30 30	30 60	1 4	3 5
501 to 3,200	1st 2nd	50 50	50 100	2 6	5 7
3,201 and over	1st 2nd	80 80	80 160	3 8	7 9

Single sampling plan for destructive testing
    3.12 Destructive testing shall be carried out in accordance with the single sampling plan below and shall be used only for batches of 100 or more.

    3.13 The number of packages checked shall be equal to 20.

    3.14 If the number of defective units found in the sample is less than or equal to the acceptance criterion, the batch of packages shall be considered as acceptable.

    3.15 If the number of defective units found in the sample is equal to or greater than the rejection criterion, the batch of packages shall be rejected.

		Number of defective packages
Number in batch	Number in sample	Acceptance criterion	Rejection criterion
Whatever the number (≥ 100)	20	1	2

     4. CHECKING OF AVERAGE ACTUAL VOLUME OF THE CONTENTS OF THE INDIVIDUAL PACKAGES MAKING UP A BATCH

    4.1 A batch of packages shall be considered acceptable for the purpose of this check if the mean value of the actual quantity of the contents of the packages in the sample is greater than the value:

    

    4.2 In this formula:

Q_n = the nominal quantity of the package,

n = the number of packages in the sample for this check,

s = the estimated standard deviation of the actual contents of the batch,

^t_(1−α) = 0.995 confidence level of a Student distribution with δ = n−1 degree of freedom

    4.3 if χι is the measured value for the actual contents of the i-th item in a sample containing n items, then:

The mean of the measured values for the sample is obtained by the following calculation:

    

    4.4 and the estimated value of the standard deviation s is obtained by the following calculation:

— the sum of the squares of the measured values:

— the square of the sum of the measured values:

then

— the corrected sum

— the estimated variance:

the estimated value of the standard deviation is:

Criteria for acceptance or rejection of the batch of packages for checking the mean
    4.5 Criteria for non-destructive testing:

		Criteria
Number in batch	Number in sample	Acceptance	Rejection
100 to 500 (inclusive)	30	≥ Qn — 0.503s	< Qn — 0.503s
> 500	50	≥ Qn — 0.379s	< Qn — 0.379s

    4.6 Criteria for destructive testing:

		Criteria
Number in batch	Number in sample	Acceptance	Rejection
Whatever the number (≥ 100)	20	≥ Qn — 0.640s	< Qn — 0.640s

    4.7 For batches of fewer than 100 packages, the average of the measured values of the actual contents shall be determined by application of the formula in paragraph 4.3 where n equals the number of packages in the batch. If the average is equal to or greater than the nominal quantity of the packages in the batch, the batch shall be considered as acceptable for the purposes of the check.

(a) references to a package and references to what a package contains shall be treated as referring to the loaf of bread; and

(b) references to the contents of a package shall be treated as referring to the quantity of bread in the loaf.

     5. Regulation 3(5) shall not apply.

     6. The following provisions of regulations 5 and 6 shall not apply to bread sold in open packs—

(a) in regulation 5, paragraphs (1)(a), (2), (3), and (4); and

(b) in regulation 6, paragraphs (1)(a) and (b), (2), (3) and (4).

     7. Regulations 5 and 6 shall not apply to bread which is sold unwrapped.

     8. Regulations 8 and 11 shall not apply.

     9. Where the chief inspector of the area in which packages of bread are made up gives a written notice to a packer of bread that regulation 9(1)(b)(ii) (duty to keep records) does not apply to him then the packer shall be exempt from that requirement whilst the notice is in force.

     10. In Regulation 19(1), for the words "which was not marked on the packages when they were in his possession" there shall be substituted—

" which was not the nominal quantity to which the bread was made up".

     11. Where bread is not made up by means of a continuous process, for paragraphs 2.5 to 2.7 of Schedule 2 there shall be substituted—

     " 2.5 The batch shall comprise all the loaves of bread of the same nominal quantity and type, which have been baked in the same bakery, and which are available to be inspected.

     2.6 Where it is reasonably practicable to do so, the batch shall be comprised of bread baked in the same oven at the same time.

     2.7 The batch size shall be subject to a maximum of 10,000 in number."

     12. In Schedule 7—

(a) paragraph 5 shall not apply; and

(b) in paragraph 7, for the words ", 1(f) or 5" there shall be substituted "or 1(f)".

     13. Where bread is supplied part-baked to a retailer who completes the baking in the premises from which the bread is sold, then the retailer may by giving written notice to the local authority choose not to have the bread treated as a package under these Regulations.

(a) enter any premises (except premises used only as a private dwelling-house) as to which he has reasonable cause to believe that packages are made up on the premises or that imported packages belonging to the importer of them are on the premises or that packages intended for sale are on the premises;

(b) inspect and test any equipment which he has reasonable cause to believe is used in making up packages in the United Kingdom or in carrying out a check mentioned in paragraphs (1) and (3) of regulation 9;

(c) inspect, and measure in such manner as he thinks fit, any thing which he has reasonable cause to believe is or contains or is contained in a package and, if he considers it necessary to do so for the purpose of inspecting the thing or anything in it, break it open;

(d) inspect and take copies of, or of any thing purporting to be–


(i) a record, document, or certificate of a kind mentioned in regulations 5(2), 9(1) or 9(3)(a); or

(ii) evidence of a kind mentioned in regulations 9(3)(b) or 9(4);



(e) require any person on premises which the inspector is authorised to enter by virtue of paragraph (a) to provide such assistance as the inspector reasonably considers necessary to enable the inspector to exercise effectively any power conferred on him by paragraphs (a) to (d);

(f) require any person to give to the inspector such information as the person possesses about the name and address of the packer and of any importer of a package which the inspector finds on premises he has entered by virtue of this paragraph or paragraph 2.

     2. If a justice of the peace, on sworn information in writing–

(a) is satisfied there is reasonable ground to believe that–


(i) a package or thing containing a package, or

(ii) any such equipment, record, document or certificate as is mentioned in paragraph 1,



is on any premises or that an offence under regulations 12 to 15 is being or is about to be committed on any premises, and

(b) is also satisfied either–



(i) that admission to the premises has been refused or that a refusal is apprehended and that notice of the intention to apply for a warrant has been given to the occupier, or

(ii) that an application for admission or the giving of such a notice would defeat the object of the entry or that the premises are unoccupied or that the occupier is temporarily absent and it might defeat the object of the entry to await his return,



the justice may by warrant under his hand, which shall continue in force for a period of one month, authorise an inspector to enter the premises if need be by force.

In the application of this paragraph to Scotland, "justice of the peace" includes a sheriff.

     3. —(1) An inspector entering any premises by virtue of paragraph 1 or 2 may take with him such other persons and equipment as he considers necessary.

    (2) It shall be the duty of an inspector who leaves premises which he has entered by virtue of paragraph 2 and which are unoccupied or from which the occupier is temporarily absent to leave the premises as effectively secured against trespassers as he found them.

Power of seizure
     4. Where an inspector has reasonable cause to believe that an offence under regulations 12 to 15 or this Schedule has been committed and that any equipment, record, document, package or thing containing or contained in a package may be required as evidence in proceedings for the offence he may seize it and detain it for as long as it is so required.

Power to require information
     5. (1) An inspector may serve, on any person carrying on business as a packer or importer of packages in the area for which the inspector is appointed an inspector, a notice requiring that person–

(a) to furnish the inspector from time to time with particulars of the kind specified in the notice of any marks which are applied from time to time to packages made up in that area by that person or to packages imported by him, for the purpose of enabling the place where the packages were made up to be ascertained, and

(b) if the person has furnished particulars of a mark in pursuance of the notice and the mark ceases to be applied to such packages for that purpose, to give notice of the cesser to the inspector.

    (2) A notice given by an inspector under this paragraph shall not require a person to furnish information which he does not possess.

Purchase of goods
     6. (1) A local weights and measures authority may purchase goods, and authorise any of its officers to purchase goods on behalf of the authority, for the purpose of ascertaining whether an offence under regulations 12 to 15 has been committed.

    (2) If an inspector breaks open a package in pursuance of paragraph 1(c) otherwise than on premises occupied by the packer or importer of the package, and the package is not such that the packer or importer is in breach of regulation 4(1)(c), it shall be the duty of the inspector, if the owner of the package requests him to do so, to buy the package on behalf of the local weights and measures authority for the area in which he broke it open.

Failure to provide assistance or information
     7. Any person who without reasonable cause fails to comply with a requirement made of him in pursuance of paragraph 1(e), 1(f) or 5 shall be guilty of an offence.

(a) Council Directives: 75/106/EEC on the approximation of the laws of the Member States relating to the making-up by volume of certain prepackaged liquids (as amended by Commission Directive 78/891/EEC (OJ No L311, 4.11.1978, p. 21), and Council Directives 79/1005/EEC (OJ No L308, 4.12.1979, p. 25), 85/10/EEC (OJ No L4, 5.1.1985, p. 20), 88/316/EEC (OJ No. L143, 10.6.1988, p. 26) and 89/676/EEC (OJ No L398, 30.12.1989, p. 18);

(b) Council Directive 76/211/EEC on the approximation of the laws of the Member States relating to the making-up by weight or by volume of certain prepackaged products (OJ No L46, 21.2.1976, p. 1) as amended by Commission Directive 78/891/EEC (OJ No L311, 4.11.1978 p. 21); and

(c) Council Directive 80/181/EEC on the approximation of the laws of the Member States relating to units of measurement (OJ L39, 15.2.1980, p. 40) as amended by Directives 85/1/EEC (OJ L2, 3.1/1986, p. 11), 89/617/EEC (OJ L357, 7.12.1989, p. 28) and 1999/103/EC (OJ L34, 9.2.200, p. 17) as it applies to packaged goods.

Provisions of the Regulations
These Regulations apply to packages which are packed in constant nominal quantities by weight or volume which are predetermined by the packer and are not less than 5 grams or 5 millilitres and not more than 25 kilograms or 25 litres (regulation 3). They also apply to "outer containers" containing at least one package and to bread which is unwrapped. Regulation 3 also sets out exceptions to the application of the regulations.

Regulation 4 sets out the three rules with which packers must comply in making up packages. Compliance with the rules is to be determined by the reference test set out in Schedule 2. Regulations 5 and 6 set out the information which must be marked on packages and outer containers and the circumstances in which the E-mark (the form of which is shown in Schedule 4) may be marked on a package or outer container. Regulation 7 provides that a person other than a packer or importer who marks an indication of nominal quantity on a package will become liable under the Regulations as though he were a packer or importer. Regulation 8 sets out specific requirements as to the marking of weight or volume on packages.

Regulation 9 imposes duties on packers and importers as to the measurement of the contents of packages, the checking of the contents and keeping of records. Regulations 10 to 12 provide for the enforcement of the Regulations by local weights and measures authorities and matters connected therewith. Additional powers of inspectors and local weights and measures authorities are set out in Schedule 7. Regulation 13 lays down penalties in respect of the making up and marking of packages and outer containers and keeping records of proposed markings. Regulation 14 lays down penalties in respect of the knowing sale of packages containing short measure or of packages which come from a batch that has failed the reference test. Regulation 15 prohibits the marking of the E-mark on packages except as permitted by the Regulations. Regulation 16 makes the unauthorised disclosure of information concerning trade secrets and secret manufacturing processes an offence. Regulations 17 to 20 contain provisions supplementary to the offence provisions.

Regulation 21 contains transitional provisions in respect of the application of the pre-existing law to packages made up or actions taken before the Regulations come into force and provides a one year transitional period in respect of the application of the E-mark under the pre-existing law.

Regulatory impact assessment and transposition note
A full regulatory impact assessment of the effect that these Regulations would have on the costs to business, together with a Transposition Note, is available from the Consumer and Competition Policy Directorate, Department of Trade and Industry, 4th Floor, 1 Victoria Street, London SW1H 0ET. Copies of the regulatory impact assessment have also been placed in the libraries of both Houses of Parliament.