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The Measuring Container Bottles (EEC Requirements) Regulations 1977

S.I. 1977/932 · Made 26 May 1977 · Extends to United Kingdom

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WEIGHTS AND MEASURES

Made 26th May 1977

Laid before Parliament 8th June 1977

Coming into Operation 29th June 1977

The Secretary of State, being a Minister designatedf1 for the purposes of section 2(2) of the European Communities Act 1972 in relation to the regulation of specifications, construction, placing on the market and use of equipment intended for weighing, measuring or testing or for purposes ancillary thereto, in exercise of the powers conferred by that section, hereby makes the following Regulations:—

Annotations to the whole text

Footnotes

f1

S.I. 1975/427(1975 I, p. 1345).

Contents

  1. 1Citation and commencement
  2. 2Interpretation and extent
  3. 3Application
  4. 4Weights and Measures Acts
  5. 5General
  6. 6Manufacturer's Identification Mark
  7. 7Duties of manufacturers to keep records
  8. 7AObligations which are met by complying with obligations in the Directive
  9. 7BExpiry of regulation 7A Repealed
  10. 7CQualifying Northern Ireland Goods
  11. 8Powers of inspection and entry
  12. 9Individual measuring container bottles
  13. 10Offences
  14. 11Offences by corporations
  15. 12Defences
  16. 13Enforcement
  17. 14Penalties
  18. Signature
  19. Schedule SCHEDULE 1: ADAPTATION FOR NORTHERN IRELAND
  20. 1Paragraph 1
  21. 1AParagraph 1A
  22. 2Paragraph 2
  23. 3Paragraph 3
  24. 3AParagraph 3A
  25. 3BParagraph 3B
  26. 4Paragraph 4
  27. Schedule 2: (Annex I to the Directive)
  28. 1Paragraph 1
  29. 1.1Paragraph 1.1
  30. 1.2Paragraph 1.2
  31. 1.3Paragraph 1.3
  32. 2Paragraph 2
  33. 3Paragraph 3
  34. 4Paragraph 4
  35. 5Paragraph 5
  36. 5.1Paragraph 5.1
  37. 5.1.1Paragraph 5.1.1
  38. 5.1.2Paragraph 5.1.2
  39. 5.1.3Paragraph 5.1.3
  40. 5.2Paragraph 5.2
  41. 5.2.1Paragraph 5.2.1
  42. 5.2.2Paragraph 5.2.2
  43. 5.3Paragraph 5.3
  44. Schedule 3: (Annex II to the Directive)
  45. 1METHOD OF SAMPLING
  46. 2MEASURING THE CAPACITY OF THE MEASURING CONTAINER BOTTLES CONSTITUTING THE SAMPLE
  47. 3APPLICATION OF THE RESULTS Repealed
  48. 3.1Paragraph 3.1
  49. 3.1.1Paragraph 3.1.1
  50. 3.1.1.1Paragraph 3.1.1.1
  51. 3.1.1.2Paragraph 3.1.1.2
  52. 3.1.2Paragraph 3.1.2
  53. 3.1.2.1Paragraph 3.1.2.1
  54. 3.1.3Paragraph 3.1.3
  55. 3.1.4Paragraph 3.1.4
  56. 3.2Paragraph 3.2
  57. 3.2.1Paragraph 3.2.1
  58. 3.2.1.1Paragraph 3.2.1.1
  59. 3.2.1.2Paragraph 3.2.1.2
  60. 3.2.2Paragraph 3.2.2
  61. 3.2.2.1Paragraph 3.2.2.1
  62. 3.2.2.2Paragraph 3.2.2.2
  63. 3.2.3Paragraph 3.2.3
  64. 3.2.4Paragraph 3.2.4
  65. 3.2.4.1Paragraph 3.2.4.1
  66. 3.2.4.2Paragraph 3.2.4.2
  67. Explanatory note

1Citation and commencementI1

These Regulations may be cited as the Measuring Container Bottles (EEC Requirements) Regulations 1977 and shall come into operation on 29th June 1977.

2Interpretation and extentI1

(1)

In these Regulations:—

  • “batch”, in relation to measuring container bottles, means a batch of such bottles ascertained in the manner specified in F1paragraph 1 of Annex II of the DirectiveSchedule 3 for the purposes of checking that the requirements of F2the Directivethese Regulations have been complied with;

  • F3“credentials”, in relation to an inspector, means authority in writing from the local weights and measures authority who appointed him for the exercise by that inspector of powers conferred on inspectors by Regulation 7 or, as the case may be, by Regulation 8;;

  • “the Directive” means Council Directive No.75/107/EEC;

  • “EEC sign” means the stylized letter ε (epsilon) reversed symmetrically about a vertical axis of which the following is a representation:

  • F4“importer” means any person importing otherwise than from a Member State measuring container bottles marked with the EEC sign;

  • “importer” means any person who—

    1. (a)

      is established in the UK; and

    2. (b)

      places a measuring container bottle (marked with the UK marking) from a country outside the United Kingdom onto the market;

  • “inspector” means, in Great Britain, an inspector of weights and measures appointed or deemed to have been appointed under section 41 of the Weights and Measures Act 1963 and means, in Northern Ireland, an inspector of weights and measures appointed under section 27 of the Weights and Measures Act (Northern Ireland) 1967;

  • “justice of the peace” includes, in Scotland, a sheriff;

  • “local weights and measures authority”, in relation to any functions under these Regulations of any such authority which are for the time being the subject of any arrangements made by such authority for the discharge of any of its functions by another local authority, includes the authority by whom those functions fall to be exercised under the arrangements;

  • “manufacturer” means the manufacturer of measuring container bottles marked or to be marked with the F5EEC signUK marking;

  • “production control records” means records of measurement of capacity of measuring container bottles carried out by the manufacturer after completion of the manufacturing process.

  • F6“UK marking” means the marking in the form set out in Annex 2 of Regulation (EC) No 765/2008 of the European Parliament and of the Council setting out the requirements for accreditation and market surveillance relating to the marketing of products;

F7(1A)

Schedules 2 and 3 reproduce provisions of Annexes I and II (respectively) to the Directive with amendments to correct deficiencies in F8assimilated law.

(1B)

A reference to a provision of Schedules 2 and 3 is a reference to the equivalent provision of Annexes I and II to the Directive as set out in that Schedule.

(2)

The Interpretation Act 1889 shall apply for the interpretation of these Regulations as it applies for the interpretation of an Act of Parliament.

(3)

Subject to the provisions set out in F9the ScheduleSchedule 1 hereto, these Regulations shall extend to Northern Ireland.

3ApplicationI1

These Regulations apply F1only to bottles or other containers described in Article 1 of the Directive and therein called measuring container bottles.to bottles made of glass, or any other substance having the rigidity and stability that offers the same metrological guarantees as glass, when such bottles—

(a)

are stoppered or designed to be stoppered and are intended for the storage, transport or delivery of liquids,

(b)

have a nominal capacity of between 0.05 litre and five litres inclusive, and

(c)

have metrological characteristics (design characteristics and uniformity of manufacture)

such that they can be used as measuring containers, i.e. when they are filled up to a specified level or to a specified percentage of their brim capacity their contents can be measured with sufficient accuracy.

4Weights and Measures ActsI1

The definition of “weighing or measuring equipment” in section 58(1) of the Weights and Measures Act 1963 and in section 41 of the Weights and Measures Act (Northern Ireland) 1967 shall not include measuring container bottles bearing the F1EEC signUK marking.

5GeneralI1

(F11)

Only measuring container bottles—

(a)

complying with the requirements of section 3 of Annex I of the Directive,

(b)

the actual capacity of which has been checked in accordance with section 4 of that Annex, and

(c)

marked in accordance with section 8.1.1. and 8.1.2. of that Annex, shall be marked with the EEC sign.

(2)

The EEC sign marked on a measuring container bottle shall be at least 3mm high and shall be indelible, easily legible and visible.

(1)

Only measuring container bottles—

(a)

complying with paragraph 3 of Schedule 2;

(b)

the actual capacity of which has been checked in accordance with paragraph 4 of Schedule 2; and

(c)

marked in accordance with paragraph 5.1.1 and 5.1.2 of Schedule 2; shall be marked with the UK marking.

(2)

The UK marking on a measuring container bottle , or where paragraph (2A) applies, on a label affixed to the bottle or on a document accompanying the bottle shall be at least 3mm high and shall be indelible, easily legible and visible.

(2A)

For a period of F2seven years beginning with IP completion day, the UK marking may be affixed to a label affixed to, or a document accompanying, a measuring container bottle.

(3)

It is the responsibility of the manufacturer to affix the UK marking to certify that a measuring container bottle meets the requirements of these Regulations, including Schedule 2.

6Manufacturer's Identification MarkI1C1

(1)

A manufacturer shall submit to the Secretary of State for approval a mark identifying the manufacturer.

(2)

If the Secretary of State approves the mark submitted to him, he shall notify the manufacturer of that approval within one month of the date thereof.

(F13)

The approved mark is the mark referred to in section 8.1.2. of Annex I of the Directive.

7Duties of manufacturers to keep recordsI1

(1)

Every manufacturer shall—

(a)

keep production control records and

(b)

preserve the records for a period of six months after their making.

F1(2)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

7AObligations which are met by complying with obligations in the DirectiveF1 E+W+S

(1)

In this regulation any reference to an Article or an Annex is a reference to an Article or an Annex of the Directive.

(2)

Paragraph (3) applies where, before a measuring container bottle is sold or supplied on the UK market, the manufacturer—

(a)

has complied with the requirements of the Directive in accordance with Article 2 and Annex 1; and

(b)

marks the bottle with the EEC sign in accordance with the third subparagraph of paragraph 5 of Annex 1.

(3)

Where this paragraph applies—

(a)

the requirements of regulations 5 and of Schedule 2 are to be treated as being satisfied;

(b)

the definitions of importer and manufacturer in regulation 2(1) apply subject to the modification that the references to “UK marking” are to be read as references to the EEC sign; and

(c)

regulations 4, 9 and 10 apply subject to the modifications that—

(i)

any reference to “UK marking” is to be read as a reference to the EEC sign;

(ii)

any reference to “these Regulations” is to be read as a reference to the Directive.

7BExpiry of regulation 7AF1 E+W+S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

7CQualifying Northern Ireland GoodsF1 E+W+S

(1)

Where paragraph (2) applies—

(a)

the requirements of regulation 5 and of Schedule 2 are treated as being satisfied;

(b)

the definition of “importer” and “manufacturer” in regulation 2(1) apply subject to the modification that the references to “UK marking” are to be read as references to the EEC sign.

(2)

This paragraph applies where a measuring container bottle—

(a)

complies with regulation 5, as it applies in Northern Ireland; and

(b)

is qualifying Northern Ireland goods.

(3)

In this regulation “qualifying Northern Ireland goods” has the meaning given to it in regulations made under section 8C(6) of the European Union (Withdrawal) Act 2018.

8Powers of inspection and entryI1

F1(1)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5)

If a person who enters any work-place F2for the purposes of these Regulations discloses to any other person any information obtained by him in the workplace with regard to any manufacturing process or trade secret he shall, unless the disclosure was made in performance of his duty, be guilty of an offence.

9Individual measuring container bottlesI1

An inspector, if he finds that any person is in possession in the course of a business of any individual measuring container bottle which does not comply with these Regulations but which is marked with the F1EEC signUK marking, shall give directions to that person that the bottle may not be sold or supplied marked with the EEC signUK marking.

10OffencesI1

(1)

Any manufacturer or importer who—

(a)

sells or has in his possession for sale a batch of measuring container bottles marked with the F1EEC signUK marking but not complying with these Regulations; or

(b)

sells or has in his possession for sale measuring container bottles marked with the F2EEC signUK marking which is less than 3mm high;

(c)

systematically exploits the maximum permissible limits of error set out in the table F3in section 3 of Annex I of the Directiveat paragraph 1 of Schedule 2;

shall be guilty of an offence.

(2)

Any manufacturer who—

(a)

without reasonable cause fails to keep production control records or to preserve such records in accordance with Regulation 7(1); or

F4(b)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c)

makes any production control record which he knows to be false, or with intent to deceive alters or causes to be altered such records;

shall be guilty of an offence.

F5(3)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)

Any person who without reasonable cause fails to comply with directions given in accordance with F6...Regulation 9 shall be guilty of an offence

F7(5)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7)

Any person other than a manufacturer or a person marking it to the order of a manufacturer, who marks a measuring container bottle with the F8EEC signUK marking shall be guilty of an offence.

11Offences by corporationsI1

(1)

Where an offence under any provision of these Regulations which has been committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, any director, manager, secretary or other similar officer of the body corporate, or any person who was purporting to act in any such capacity, he as well as the body corporate shall be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly.

(2)

Where the affairs of a body corporate are managed by its members, paragraph (1) above shall apply in relation to the acts and defaults of a member in connection with his functions of management as if he were a director of the body corporate.

12DefencesI1

Where an offence under Regulation 10(1)(a) or 10(1)(b) is alleged to have been committed it shall be a defence for any person charged with the offence to prove that he took all reasonable precautions and exercised all due diligence to avoid the commission of the offence.

13EnforcementI1

In England or Wales, proceedings for an offence under these Regulations shall not be instituted except by or on behalf of a local weights and measures authority or the chief officer of police for a police area.

14PenaltiesI1

(1)

A person guilty of an offence under Regulation 10(1)(b) F1or 10(4) (insofar as it relates to directions given in accordance with Regulation 9) F2... shall be liable on summary conviction to a fine not exceeding F3£400.

(2)

A person guilty of any other offence under these Regulations shall be liable on summary conviction to a fine not exceeding F4£2000.

Signature

John Fraser

Minister of State

Department of Prices and Consumer Protection

26th May 1977

1I1

In Regulation 2,—

(a)

for the definition of “credentials” there shall be substituted the following:

  • ““credentials”, in relation to an inspector, means some duly authenticated document showing that he is authorised to act as an inspector, ”;

and

(b)

the definition of “local weights and measures authority” shall be omitted;

F1(c)

after the definition of “production control records” insert—

““UK(NI) indication” means the marking in the form set out in Schedule 1 to Product Safety and Metrology etc. (Amendment etc.) (UK(NI) Indication) (EU Exit) Regulations 2020.”.

1AF1 N.I.

After regulation 5(2) insert—

“(3)

Where the Secretary of State has approved a submitted mark pursuant to regulation 6, the manufacturer's mark must be accompanied by the UK(NI) indication.”.

2I1

In Regulation 6, the references to the Secretary of State shall be references to the F1Department for the Economy for Northern Ireland.

3I1

In Regulation 7(2) and 8(1) the words “within the area for which he was appointed inspector” shall be omitted.

3AF1 N.I.

After regulation 9 insert—

“UK(NI) indication

9A

Where an inspector finds that a person is in possession in the course of business of any individual measuring container bottle which—

(a)

is marked with a manufacturer's mark which has been approved by the Secretary of State; and

(b)

is not accompanied by the UK(NI) indication

an inspector must give directions to that person that the bottle may not be sold or supplied with the EEC sign.”

3BF1 N.I.

In regulation 10(4), for “Regulation 9” substitute “ Regulation 9 or Regulation 9A ”.

4I1

For Regulation 12 there shall be substituted the following:—

“No proceedings for an offence under these Regulations may be instituted except by or on behalf of the F1Department for the Economy for Northern Ireland.”.

1F1

Measuring container bottles shall be characterized by the following capacities which are always specified for a temperature of 20C:

1.1F1

the nominal capacity Vn is the volume which is marked on the bottle; it is the volume of liquid which the latter is deemed to contain when it is filled in the conditions of use for which it is intended;

1.2F1

the brim capacity of a bottle is the volume of liquid it contains when filled to the brim;

1.3F1

the actual capacity of a bottle is the volume of liquid it in fact contains when it is filled exactly under the conditions corresponding theoretically to the nominal capacity;

2F1

There are two methods of filling measuring container bottles:

(1)

to a constant level,

(2)

to a constant vacuity.

The distance between the theoretical filling level for the nominal capacity and the brim level and the difference between the brim capacity and the nominal capacity, known as the volume of expansion or vacuity, shall be perceptibly constant for all bottles of the same type, that is, for all bottles made to the same design.

3F1

The maximum permissible errors (positive or negative) in the capacity of a measuring container bottle, i.e. the greatest differences permitted (positive or negative) at a temperature of 20°C and under the control conditions laid down in Schedule 3, between the actual capacity and the nominal capacity Vn shall be in accordance with the following table:

Normal capacity Vn in millilitresMaximum permissible errors
as a % of Vnin millilitres
from 50 to 1003
from 100 to 2003
from 200 to 3006
from 300 to 5002
from 500 to 1 00010
from 1 000 to 5 0001

The maximum permissible error in the brim capacity shall be the same as the maximum permissible error in the corresponding nominal capacity. The systematic exploitation of tolerances shall be prohibited.

4F1

In practice, the actual capacity of a measuring container bottle shall be checked by determining the quantity of water at 20°C which the bottle actually contains when filled to the level theoretically corresponding to the nominal capacity. It may also be checked indirectly by a method of equivalent accuracy.

5F1

A measuring container bottle shall bear the following indelible, easily legible and visible indications :

5.1F1

on its side, on the bottom rim or on the bottom:

5.1.1F1

an indication of its nominal capacity in litres, centilitres or millilitres in figures at least 6 mm high, if the nominal capacity is greater than 100 cl, 4 mm high if it is from 100 cl down to but not including 20 cl and 3 mm high if it is not more than 20 cl, followed by the symbol for the unit of measurement used or, where appropriate, by the name of the unit in accordance with the Units of Measurement Regulations 1986 ;

5.1.2F1

the manufacturer's identification mark referred to in regulation 6;

5.1.3F1

the UK marking;

5.2F1

On the bottom or on the bottom rim, in such a manner as to avoid confusion with the previous indication, in figures of the same minimum height as those expressing the corresponding nominal capacity, according to the method or methods of filling for which the bottle is intended:

5.2.1F1

an indication of the brim capacity expressed in centilitres and not followed by the symbol cl, and/or

5.2.2F1

an indication of the distance in millimetres from the brim level to the filling level corresponding to the nominal capacity, followed by the symbol mm.

5.3F1

Other indications may appear on the bottle provided they do not give rise to confusion with the compulsory indications.

1METHOD OF SAMPLINGF1

A sample of measuring container bottles of the same design and the same manufacture shall be drawn from a batch corresponding, in principle, to an hour's production.

If the result of the check on a batch corresponding to an hour's production is not satisfactory, a second test can be carried out, based either on another sample from a batch corresponding to a longer period of production or, where production has been subject to a check recognized by the Secretary of State, on the results recorded on the manufacturers' check-cards.

The number of measuring container bottles constituting the sample shall be 35 or 40 as determined by an inspector.

2MEASURING THE CAPACITY OF THE MEASURING CONTAINER BOTTLES CONSTITUTING THE SAMPLEF1

The measuring container bottles shall be weighed empty.

They shall be filled with water at 20C of a known density, up to the filling level appropriate to the method of checking used.

They shall then be weighed in full.

The check shall be carried out by means of a legal measuring instrument, suitable for effecting the necessary operations.

Error in measuring the capacity shall not be greater than one-fifth of the maximum permissible error corresponding to the nominal capacity of the measuring container bottle.

3APPLICATION OF THE RESULTSF1

3.1F1

Use of the standard deviation method

The number of measuring container bottles in the sample is 35.

3.1.1F1

Calculate as follows (see 3.1.4.):

3.1.1.1F1

the average

3.1.1.2F1

estimated standard deviation s of the actual capacities Xi of the bottles in the batch.

3.1.2F1

Calculate as follows:

3.1.2.1F1

The upper limit T s : the sum of the indicated capacity (see Schedule 2 paragraph 5) and of the maximum permissible error corresponding to this capacity.

3.1.3F1

Acceptance criteria:

The batch shall be declared to comply with the Regulations if the numbers

  • where k = 1·57

  • and F = 0·266

3.1.4F1

Calculation of the mean value

Calculate as follows:

— the sum of the 35 actual capacity measurements

— the mean value of the 35 measurements

— the sum of the squares of the 35 measurements

— the square of the sum of the 35 measurements

— the corrected sum:

— the estimated variance:

Hence the estimated standard deviation:

3.2F1

Use of the average range method The number of measuring container bottles in the sample is 40.

3.2.1F1

Calculate as follows (see 3.2.4):

3.2.1.1F1

the average

3.2.1.2F1

the average range value

3.2.2F1

Calculate as follows:

3.2.2.1F1

The upper limit T s : the sum of the indicated capacity (see Schedule 2 paragraph 5) and of the maximum permissible error corresponding to this capacity.

3.2.2.2F1

The lower limit Ti : the difference between the indicated capacity (see Schedule 2 paragraph 5) and the maximum permissible error corresponding to this capacity.

3.2.3F1

Acceptance criterion:

The batch shall be declared to comply with the Regulations if the numbers

  • where k′ = 0·668,

  • and F′ = 0·628.

3.2.4F1

Calculation of the mean value

3.2.4.1F1

to obtain

— the sum of the 40 actual capacity measurements Xi:

— the mean value of these 40 measurements of the 40 actual capacity measurements:

3.2.4.2F1

To obtain

Divide the sample, in chronological order of selection, into eight sub-samples of five measuring container bottles each. Calculate as follows:

  • — the range of each of the sub-samples, i.e. the difference between the actual capacity of the largest and the smallest of the five bottles in the sub-sample; eight ranges are thus obtained: R1 ; R2 ; . . . . . . R8

  • — the sum of the ranges of the eight sub-samples:

The average range

.

Explanatory note

These Regulations implement Council Directive No. 75/107/EEC relating to bottles used as measuring containers. The Regulations define the EEC sign for such bottles, and provide that any bottle marked with the EEC sign shall comply with the relevant requirements of the Directive. These requirements relate to nominal capacity, for which maximum and minimum permissible limits of error are laid down, and the marking of the bottle with the nominal capacity, the manufacturer's identifying mark and the EEC sign.

The Regulations require manufacturers to obtain approval for their identifying marks, and to keep production control records. They enable inspectors to check batches of bottles at the manufacturers or importers premises in accordance with procedures laid down in Annex II to the Directive, and also to forbid the sale of batches of bottles which do not comply.

The Regulations include provisions for offences and penalties in connection with the sale by manufacturers and importers of bottles which are marked with the EEC sign but which do not comply with the Regulations. The Regulations also provide for offences and penalties for systematically exploiting the permissible limits of error and for failing to comply with the direction of an inspector relating to bottles not complying with the Regulations.