The Weighing Equipment (Automatic Gravimetric Filling Instruments) Regulations 2000

These Regulations may be cited as the Weighing Equipment (Automatic Gravimetric Filling Instruments) Regulations 2000 and shall come into force on 17th July 2000.

The Weighing Equipment (Filling and Discontinuous Totalising Automatic Weighing Machines) Regulations 1986^f1 are hereby disapplied in respect of any filling instrument which is also a filling machine for the purposes of those Regulations.

For sub-paragraph (i) of regulation 1(2) of the Weights and Measures Regulations 1963^f2, there shall be substituted the following–

“(i)

filling machines and discontinuous totalisers to which the Weighing Equipment (Filling and Discontinuous Totalising Automatic Weighing Machines) Regulations 1986 and filling instruments to which the Weighing Equipment (Automatic Gravimetric Filling Instruments) Regulations 2000^f3 apply, except insofar as such machines, totalisers and filling instruments are capable of also being used as a non-automatic weighing machine;”.

In these Regulations–

In these Regulations, unless the context otherwise requires–

• “the 1985 Act” means the Weights and Measures Act 1985;

• “accuracy class” means the accuracy class, in respect of a filling instrument, determined in accordance with the provisions of regulation 6(c); provided always that the accuracy class in respect of that filling instrument shall not be of a higher level of precision than the reference value for accuracy class in respect of that instrument;

• “certificate of approval” means a certificate of approval of a pattern of a filling instrument granted or renewed by the Secretary of State under section 12 of the 1985 Act;

• “control instrument” means a weighing instrument used to determine the mass of the test fills delivered by the filling instrument;

• “initial verification testing” means testing in accordance with the provisions of regulation 6(c);

• “level indicator” means a device which indicates when the structure to which it is attached is tilted away from its correct operating position;

• “load receptor” means a part of a filling instrument on which loads are placed for the purpose of their being weighed;

• “maximum capacity” means the maximum discrete load which the filling instrument is authorised to weigh and that can be weighed automatically on a load receptor;

• “minimum capacity” means the minimum discrete load which the filling instrument is authorised to weigh and that can be weighed automatically on a load receptor;

• “OIML R 61” means the International Recommendation OIML R 61 of the Organisation Internationale de Métrologie Légale relating to automatic gravimetric filling instruments (Edition 1996 (E));

• “prescribed limits of error” has the meaning set out in regulation 9(3);

• “reference particle mass” means, in respect of a product, the mass equal to the mean of ten of the largest elementary particles or pieces of the product taken from one or more loads;

• “reference value for accuracy class” means, in respect of a filling instrument, the value for accuracy class of that instrument determined by static testing of the weighing unit during influence quantity testing prior to a certificate of approval being issued and shall be stated in the certificate of approval: the reference value for accuracy class shall be equal to the best accuracy class, that is to say the class of the highest level of precision, for which that filling instrument may be tested and passed as fit for use for trade;

• “the stamp” or “verification mark” means the prescribed stamp^f1;

• “tare device” means a device for setting the weight indicating device, that is to say the device which indicates the weight of a load on a load receptor of the filling instrument, to zero when a load is placed on the load receptor–

  1. (a)

     without altering the weighing range for net loads (additive tare device); or

  2. (b)

     reducing the weighing range for net loads (subtractive tare device);

• “weighing unit” means a device which provides information on the mass of the load being weighed by the filling instrument; and

• “zero-setting device” means a device which allows the setting of that indicating device to zero when the load receptor is empty.

Subject to paragraphs (2) and (3) and regulation 4, these Regulations apply to filling instruments and such instruments are hereby prescribed for the purposes of section 11(1) of the 1985 Act (use for trade of weighing or measuring equipment of prescribed classes).

These Regulations do not apply to any filling instrument which has been put into use for trade before these Regulations came into force.

Nothing in these Regulations shall apply to any filling instrument for use only for making up packages if, and only if, the packages are subsequently checked in accordance with section 49(1)(b) of the 1985 Act, and in this paragraph “ packages” means packages as defined in section 68(1) of the 1985 Act.

Subject to paragraph (2), these Regulations do not apply to a filling instrument–

The exception provided in paragraph (1) does not apply in the case of a filling instrument which bears the marking “R 61”.

it has been erected and installed in accordance with the requirements of Schedule 1;

the requirements of Schedule 2 in respect of its use and manner of use are complied with; and

in the case of a filling instrument of the description and maximum capacity set out, respectively, in columns 1 and 2 of Schedule 3, it is within the accuracy class specified for that filling instrument in column 3 of Schedule 3 or within an accuracy class of a higher level of precision than the specified class.

comply with a pattern in respect of which a certificate of approval remains in force at the time when such a filling instrument is so passed;

have affixed to it the applicable descriptive markings relating to that filling instrument and have provision for a place for the application of the specified verification marks, in accordance with the requirements of Schedule 4; and

subject to regulations 5(c) and 8, have successfully undergone initial verification testing and, as part of that testing, an accuracy class has been determined in respect of it: for the purposes of these Regulations, initial verification testing means testing of a filling instrument carried out by an inspector in accordance with the procedure specified in clause 5.3 (initial verification) of Part 1 of OIML R 61.

Every filling instrument submitted for testing shall be completely assembled and in a clean condition.

For the purposes of the performance by an inspector of his functions under the 1985 Act or these Regulations relating to inspection, testing, passing as fit for use for trade and stamping of any filling instrument, a person submitting such an instrument to an inspector or who an inspector has reasonable cause to believe has control of such an instrument for use for trade shall, if requested, provide for the inspector’s use such material as the inspector may reasonably require and a control instrument: any material or control instrument so provided shall be returned to the person in question.

A filling instrument, other than one which has been transported without having been dismantled, shall not be tested, passed as fit for use for trade and stamped unless it has been completely erected ready for use and, subject to paragraph (4), installed in the position in which it is to be used.

Where an inspector is satisfied that any dismantling and re-assembly or transportation of a filling instrument to its intended place of use could not, in his opinion, affect the accuracy or functioning of that filling instrument, it may be examined, with a view to passing that filling instrument as fit for use for trade at a place other than the intended place of use, for the purposes of initial verification testing.

In relation to a filling instrument imported into Great Britain from F1an EEA State, subject to paragraph (4), an inspector shall not carry out any test relating to initial verification testing if, together with the filling instrument being imported, he is presented with the requisite documentation.

In this regulation and regulation 9(2)–

A body is an “approved body” for the purposes of this regulation if it is a body in a member State or in an EEA State which has responsibility in that State for metrological control of filling instruments or is a laboratory which has been accredited for the purposes of testing filling instruments in a member State or in an EEA State as being a body which conforms with the criteria set out in BS EN ISO/IEC 17025:2000.

Nothing in these Regulations shall prevent an inspector carrying out initial verification testing where he is not satisfied–

An inspector shall not pass as fit for use for trade a filling instrument unless–

An inspector shall not pass as fit for use for trade a filling instrument imported from F1an EEA State unless–

For the purposes of these Regulations and subject to regulation 5(c), the prescribed limits of error relating to a filling instrument shall be determined–

The stamp shall be placed on the verification mark support referred to in clause 3.11.2 of Part 1 of OIML R 61 which is set out in Schedule 4.

An inspector shall not stamp a filling instrument in accordance with paragraph (1) if it bears any mark which, in his opinion, might reasonably be mistaken for the stamp, or any statement or mark (other than an inspector’s stamp) which purports to be or, in the opinion of the inspector, might reasonably be mistaken for an expression of approval or guarantee of accuracy by any body or person.

Subject to paragraph (2), an inspector shall obliterate the stamp on any filling instrument which–

Except as provided by regulation 13, where any filling instrument does not fully comply with the requirements of these Regulations, but the nature or degree of the non-compliance is not, in the inspector’s opinion, such as to require the immediate obliteration of the stamp, he shall give to the proprietor or any person in control of the filling instrument a notice calling on him to have the instrument corrected within a stated period not exceeding 28 days, and shall obliterate the stamp if the correction has not been made within the stated period.

has, since it was last stamped, been the subject of any adjustment, alteration, addition, repair or replacement–

is in use for trade for a particular purpose and–

is in use for trade in circumstances where the filling instrument is subjected to any extraordinary environmental or operating conditions which, in the opinion of the inspector,–

For the purposes of these Regulations, the obliteration of any one stamp on any filling instrument shall, subject to paragraph (2), be deemed to be the obliteration of all other stamps on that instrument.

Where the stamp on one filling instrument forming part of an interconnected system is obliterated, paragraph (1) shall not apply so as to prevent the system or any other filling instrument in the system being used provided that the integrity of the remainder of the system is unimpaired.

Regulation 3 applies the Regulations to “filling instruments”, as defined in regulation 2(1)(a), which are prescribed for the purposes of section 11(1) of the 1985 Act (certain equipment to be passed and stamped for use for trade). The Regulations do not apply in the circumstances described in regulations 3(2) and (3). There is a transitional exclusion set out in regulation 4(1) but this is subject to the case of a “filling instrument” which bears the marking “R 61”.

Regulation 5 sets out some general duties relating to the use for trade of a “filling instrument” in terms of erection and installation (Schedule 1), use and manner of use (Schedule 2) and compliance with the accuracy classes specified in Schedule 3. Regulation 6 provides for certain requirements which must be satisfied before a “filling instrument” is passed as fit for use for trade for the purposes of the Regulations: these relate to compliance with a pattern in respect of which a “certificate of approval” remains in force, the application of descriptive markings in accordance with Schedule 4 and provisions in respect of initial verification testing carried out by an inspector in accordance with the procedure specified in clause 5.3 of Part 1 of OIML R 61. Regulation 7 incorporates some supplementary requirements relating to the testing, passing as fit for use for trade and stamping of any “filling instrument”. Regulation 8 makes provision for “filling instruments” imported from another EEA State into Great Britain not to be tested by an inspector when an inspector is presented with the “requisite documentation” (as defined in that regulation), unless he is not satisfied with that “requisite documentation”.

Regulation 9 specifies circumstances where an inspector shall not pass a “filling instrument” as fit for use for trade, including a failure to comply with the prescribed limits of error in accordance with the provisions of regulation 9(3) and Schedule 5. Provision is also made, in regulation 9(2), for circumstances in which a “filling instrument” imported from another EEA State shall not be passed as fit for use for trade.

Regulations 10 to 15 relate to the stamping and obliteration of stamps on “filling instruments”.

Some supplementary definitions appear in regulation 2(2).

These Regulations have been notified to the European Commission and the other member States in accordance with Directive 98/34/EC of the European Parliament and of the Council (OJ No. L204, 21.7.98, p. 37), as amended by Directive 98/48/EC of the European Parliament and of the Council (OJ No. L217, 5.8.98, p. 18).

Copies of the publications of the Organisation Internationale de Métrologie Légale (see definition of “OIML R 61” in regulation 2(2)) are available from the Organisation at 11 rue Turgot, Paris, 75009, France, and from the National Weights and Measures Laboratory, Stanton Avenue, Teddington, Middlesex, TW11 0JZ.

A Regulatory Impact Assessment in respect of these Regulations is available and a copy can be obtained from the National Weights and Measures Laboratory (an Executive Agency of the Department of Trade and Industry), Stanton Avenue, Teddington, Middlesex, TW11 0JZ. A copy has also been placed in the libraries of both Houses of Parliament.