Weights and Measures (Miscellaneous Foods) Order 1988
| Jurisdiction | UK Non-devolved |
| Citation | SI 1988/2040 |
| Year | 1988 |
1988 No.2040
WEIGHTS AND MEASURES
The Weights and Measures (Miscellaneous Foods) Order 1988
Made 16th November 1988
Coming into force 1st January 1989
Whereas the Secretary of State pursuant to section 86(2) of the Weights and Measures Act 19851has consulted with organisations appearing to him to be representative of interests substantially affected by this Order and considered the representations made to him by such organisations with respect to the subject matter of this Order:
And whereas a draft of this Order has been laid before Parliament and approved by resolution of each House of Parliament pursuant to section 86(5) of that Act:
Now, therefore, the Secretary of State, in exercise of the powers conferred on him by sections 22(1) and (2), 24(1) and 86(1) of that Act and of all other powers enabling him in that behalf, hereby makes the following Order:—
Citation, commencement and revocation
1.—(1) This Order may be cited as the Weights and Measures (Miscellaneous Foods) Order 1988 and shall come into force on 1st January 1989.
(2) The Orders specified in Schedule 3 hereto are revoked to the extent specified in the third column of that Schedule.
Interpretation
2. In this Order, unless the context otherwise requires—
“the Act” means the Weights and Measures Act 1985;
“biscuits” includes wafers, rusks, crispbreads, extruded flatbread, oatcakes and matzos;
“bread” means bread in any form other than breadcrumbs and includes the following, and any part of the following that is to say, fancy loaves and milk loaves, and “loaf” in relation to bread includes a roll and a bap; and for the purposes of this Order any pre-packed sliced bread shall be deemed to be a whole loaf of bread and the pre-packing of sliced bread in any quantity by net weight shall be deemed to be the making for sale of a whole loaf of bread of that net weight;
“casein” and “caseinate” have the same meanings as they have in the Caseins and Caseinates Regulations 19852;
“chicory”, “chicory extract paste”, “coffee”, “coffee mixture”, “coffee extract paste”, “instant chicory”, “instant coffee”, “liquid chicory extract” and “liquid coffee extract” have the same meanings as they have in the Coffee and Coffee Products Regulations 19783;
“chocolate confectionery”, “flour confectionery” and “sugar confectionery” have the same meanings as they have in the Food Labelling Regulations 19844, except that “flour confectionery” includes food containing a filling which has as an ingredient vegetable protein material or microbial protein material;
“cocoa product”, “chocolate product”, “fancy chocolate product”, “container” in relation to these products and “reserved description” have the same meanings as they have in the Cocoa and Chocolate Products Regulations 19765; except that
“cocoa product” and “chocolate product” shall include a product specially prepared for diabetics or to which a slimming claim (as defined in the said Regulations) is lawfully applied and which has been specially prepared in connection with that claim by the addition of any ingredient other than an edible substance as so defined;
“coffee bag” means a permeable sealed bag, which is intended to be immersed in water in the course of preparation to drink, containing coffee or a coffee mixture, or a mixture of any of those products and instant coffee, which consists predominantly of coffee or a coffee mixture;
“condensed milk” and “dried milk” have the same meanings as they have in the Condensed Milk and Dried Milk Regulations 19776;
“liquid coffee and chicory products” means liquid coffee extract and liquid chicory extract, and blends thereof;
“milk” means cows' milk in any liquid form other than that of condensed milk (including evaporated milk) or of cream;
“potatoes” means potatoes in the state in which they were harvested or in that state apart from cleaning; “preserved milk” means condensed milk (including evaporated milk) or dried milk; “solid and paste coffee and chicory products” means instant coffee, coffee extract paste, instant chicory, chicory extract paste, and blends thereof, and extracts of blends of roasted coffee and roasted chicory.
General requirements for certain foods to be pre-packed in prescribed quantities and their containers to be quantity marked or, when not pre-packed, to be sold by retail by quantity
3.—(1) Subject to the following provisions of this Order, the foods specified in column 1 of Schedule 1 to this Order, other than chunk honey and comb honey and cut lump salt, shall be pre-packed or, in the case of sugar, otherwise made up in a container for sale, only if they are made up in one of the quantities by net weight, or, in the case of milk, by capacity measurement, specified in column 2 in relation to the foods, subject to the exceptions specified in column 3.
(2) Subject to the following provisions of this Order, the foods specified in column 1 of Schedule 1 to this Order, other than cut lump salt and milk, shall be pre-packed or, in the case of honey, cocoa products and chocolate products, solid and paste coffee and chicory products and sugar, otherwise made up in a container for sale, only if the container is marked with an indication of quantity by net weight, subject to the exemptions specified in column 4.
(3) Subject to the following provisions of this Order, the foods specified in column 1 of Schedule 1 to this Order, other than bread and chunk honey and comb honey and milk, shall, when not pre-packed, if sold by retail be sold only by net weight, subject to the exceptions specified in column 5.
Provision for the containers of certain foods not sold by retail to be accompanied by a document indicating quantity
4.—(1) In the case of solid and paste coffee and chicory products, cocoa products and chocolate products, honey, caseins and caseinates or preserved milk for human consumption pre-packed or otherwise made up in a container for sale, the informationrequired by article 3(2) above or, as the case may be, 7, 9(2) or 12 below to be marked on the container may, if:—
(a)
(a) the foods are not sold by retail; and
(b)
(b) the net weight of the foods is not less than the particular quantities specified in paragraph (2) below in relation to the foods,
be given at the time when they are sold in a document accompanying the container and containing an indication of quantity by net weight expressed in the case of honey in both imperial and metric units of measurement and in other cases in metric units only.
(2) The quantities referred to in paragraph (1) above are:
solid and paste coffee and chicory products |
5 kg |
cocoa products and chocolate products |
10 kg |
honey |
10 kg |
caseins and caseinates |
10 kg |
preserved milk for human consumption |
10 kg |
Special provisions in respect of particular foodsBiscuits and shortbread
5.—(1) Article 3(1) and (2) above shall not apply in relation to biscuits which have been pre-packed on the same premises as those on which they were produced, where either:—
(a)
(a) the biscuits are in the possession of the producer for sale by him by retail on those premises; or
(b)
(b) if the producer has agreed to sell or has sold the biscuits, he agreed to sell or sold them by retail on those premises.
(2) Biscuits to which paragraph (1) above applies (other than wafer biscuits which are not cream-filled) shall be pre-packed only if the container is marked with an indication of quantity by net weight:
Provided that there shall be exempted from the requirements of this paragraph biscuits pre-packed in a quantity not exceeding 100 g.
(3)
(3) Shortbread shall be pre-packed only if the container is marked with an indication of quantity by net weight:
Provided that there shall be exempted from the requirements of this paragraph shortbread—
(a) where made up in a quantity not exceeding 50 g; or
(b) consisting of a piece or pieces each weighing 200 g or more if the number of pieces in the container, if more than one, is marked on the container or is clearly visible and capable of being easily counted through the container.
(4) Wafer biscuits which are not cream-filled shall be pre-packed only if the container is marked with an indication of quantity by number or, in the case of a container marked with the EEC mark within the meaning of section 54 of the Act, only if it is marked with an indication of quantity by net weight.
(5) Wafer biscuits which are not cream-filled and which are not pre-packed shall if sold by retail be sold only by number.
(6) Shortbread, except where the quantity does not exceed eight pieces, shall, when not pre-packed, if sold by retail be sold only by net weight.
Bread
6.—(1) Subject to paragraph (2) below, a whole loaf of bread of a net weight exceeding 300 g, when not pre-packed, shall be made for sale only if it is of a net weight of 400 g or a multiple of 400 g.
(2) There shall be exempted from the requirements of paragraph (1) above any sale in pursuance of a contract for the supply of bread for consumption on the premises of the buyer if the contract provides for each delivery of bread thereunder to be of a specified...
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