Weights and Measures
Law
Non-prepacked products
If you sell fresh
fruit and vegetables the following applies to you:
- If the food is prepacked then it must be
marked with the net weight, the unit selling price (e.g. price per kilogram)
and the selling price.
- If the food is loose there must be a unit
price indication displayed.
Selling by weight
As a general rule loose fruit and vegetables
must be sold by weight.
- For fruit and vegetables (other than soft
fruit and mushrooms) the weight may either be the weight of the produce without
wrapping - the 'net' weight - or the 'gross' weight, which includes the
wrapping materials provided the weight of the container meets the following
requirements:
Gross Weight
|
Permitted weight of container |
Not
exceeding 500g
|
5g. |
| Exceeding 500g |
A weight
at the rate of 10g per kg of the gross weight. |
- In the case of soft fruits or mushrooms the
weight may either be the 'net' weight or the 'gross' weight provided the weight
of the container meets the following requirements:
Gross Weight
|
Permitted weight of container |
Not
exceeding 250g
but exceeding 1kg
|
A weight
at the rate of 120g per kg of the gross weight. |
Exceeding 250g
but not exceeding 1kg
|
A weight
at the rate of 100g per kg of the gross weight. |
Exceeding 1kg
but not exceeding 3kg
|
A weight
at the rate of 90g per kg of the gross weight. |
| Exceeding 3kg |
A weight
at the rate of 60g per kg of the gross weight. |
Requirements for
specific products
There are some variations to the above for
specific products:
- Potatoes - Potatoes must now be
packed in metric quantities only although bags containing very large potatoes
(over 175g each) can be sold by number rather than weight.
All bags of pre-packed potatoes must be marked with a weight or number.
- Countable produce can be sold by
number. This includes apples, bananas, beetroot, cauliflower, celery, citrus
fruits, cucumber and onions.
- Products that can be sold by the
bunch - Another exception to the general sale by weight rule is certain
salad produce such as asparagus, mustard and cress, carrots, onions, spring
onions, parsley, chives, radishes, endives, garlic, turnips, mint and
watercress, which can be sold by the bunch.
- Pre-packed fruit and vegetables
must be sold by net weight, or in the case of countable produce, by number. The
pack must be clearly marked with the contents. Up to eight countable produce
can be sold in a transparent container, without being marked.
If you sell meat
poultry or fish the following applies to you:
The requirements apply when you sell meat,
poultry and fish of any description and whether it is fresh, frozen, salted,
cooked or processed.
- If the food is pre-packed then it must be
marked with the net weight, the unit selling price (e.g. price per kilogram)
and the selling price.
- If the food is loose there must be a unit
price indication displayed.
Selling by
weight
- Non pre-packed items must be sold either by
net weight or gross weight (the weight of the packaging is strictly controlled
and would have to meet the requirements in the previous table for fruit and
vegetables (other than soft fruit and mushrooms)).
- If a customer asks for meat, fish or poultry
to be prepared or dressed it is important that you make the customer aware that
the purchase price is based on the unprepared weight if that is the case. You
can charge different prices for prepared and unprepared items.
If you sell fresh
fruit and vegetables or meat, fish and poultry the following applies to you:
Making the weight known
to the buyer
You must make the weight known to the buyer
before payment is made. This can be done in one of four ways:
- By weighing the goods in front of the customer
- the scales must be clearly visible.
- By marking the weight on the packet.
- By giving your customer the weight in writing,
perhaps by using a combined weight and price ticket.
- By stating the weight on a display notice.
Weighing Machines
All weighing machines used to weigh or pre-pack
fruit and vegetables must be of an approved type and carry either an approval
mark, or inspector's stamp, to show that they have been properly tested.
Pre-packed products -
information for packers and importers
Goods that are sold in packages by weight or
measure can be packed either to minimum quantity or to average quantity.
For minimum quantity each pack must contain at
least the quantity marked on the pack (the nominal quantity). If you use
equipment to make up the packs then the equipment must be tested and approved
for trade use. You do not have to use equipment but if you estimate the
quantity incorrectly you will have no defence to a charge of supplying short
measure.
For average quantity there are certain rules
that must be followed - the Packers' Rules. To show compliance with these rules
checks have to be carried out using suitable equipment and records of these
checks should be kept.
The Packers' Rules
In a group of packages some packs may contain
less than the marked quantity (the nominal quantity) but the group must comply
with the following rules:
- The actual contents of the group must on
average be at least the nominal quantity.
- No more than 2.5% (1 in 40) of the group may
be non-standard. A non-standard package is one that contains less than the
nominal quantity minus an amount known as the tolerable negative error
(T.N.E.). The T.N.E. varies depending on the nominal quantity and can be
calculated using the table shown below.
- No package in the group may be inadequate. An
inadequate package is one that contains less than the nominal quantity minus
twice the T.N.E.
Nominal Quantity (g or ml)
|
Tolerable Negative Error |
| 5 to 50
- |
9% of
nominal quantity |
| from 50
to 100 - |
4.5g or
ml |
| from 100
to 200 - |
4.5% of
nominal quantity |
| from 200
to 300 - |
9g or
ml |
| from 300
to 500 - |
3% of
nominal quantity |
| from 500
to 1,000 |
15g or
ml |
| from
1,000 to 10,000 - |
1.5% of
nominal quantity |
| from
10,000 to 15,000 - |
150g or
ml |
| above 15,000
- |
1% of
nominal quantity |
Checks
You should carry out checks on the contents of
packages to ensure the above rules are being complied with. These checks can be
on a sample from the group. The number you need to check depends on the number
in the group and the accuracy of your packing process.
Equipment
The equipment used to carry out the checks must
be suitable. You can either use a scale that has been tested and approved for
trade use or you can use other scales as long as they have a suitable scale
division for the size of the packs and they are tested every day using stamped
weights to ensure they are accurate.
Records
You must make records of the checks you have
carried out. These records must show that you have complied with the rules. As
a minimum you should record the product, the batch number, the date, the number
of packs in the batch, the number checked and the results of the check. The
records must be kept for 12 months.
Markings
You must mark the packs with:
- A statement of quantity. This statement must
be in metric and the size of the marking is prescribed e.g. for a 500g pack the
marking must be 4mm high.
- Your name and address. Alternatively you may
give the name and address of the person who arranged for you to make up the
packages.
A copy of the Code of Practical Guidance for
Packers and Importers which provides more details (ISBN 011 5129227), is
available from The Stationery Office telephone: 0870 600 522.
Importers and Average
Quantity
If you import goods from outside the EC you are
responsible for ensuring that the packs comply with the Packers' Rules and that
they are marked correctly. However you may obtain suitable documents from the
packer instead of carrying out checks.
Please Note
This leaflet is not an authoritative
interpretation of the law and is intended only for guidance. For further
information please contact your local Consumer Protection or
Trading Standards office.
Trading Standards Division, 3rd Floor, Wallasey Town Hall, Brighton Street, Wallasey, Wirral CH44 8ED
Telephone: (0151) 691 8020 Fax: (0151) 691 8098
Internet World Wide Web http://www.tradingstandards.gov.uk/wirral/
Electronic Mail: tradingstandards@wirral.gov.uk
