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Regulation 2 Interpretation

In these Regulations—

  • “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);

  • “cosmetic product” has the meaning given by F1Article 2 of Regulation (EC) No 1223/2009 of the European Parliament and of the Council on cosmetic products (recast) as amended from time to time;

  • F2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

  • “the E-mark” means a letter `e', at least 3 mm high, having the form shown in Schedule 4;

  • F3“food” has the meaning set out in Article 2 of Regulation (EC) No 178/2002;

  • “importer” means, in relation to a package or outer container, the person by whom, or on whose behalf, the package or outer container is brought into the United Kingdom;

  • “inspector” means an inspector of weights and measures appointed under section 72(1) of the 1985 Act;

  • “knitting yarn” means knitting yarn consisting of natural fibres (whether animal, vegetable or mineral), chemical fibres, or a mixture of such fibres;

  • F4“labelling requirements” means the requirements set out in regulations 5(1)(a), 5(2), 6(1)(a), 6(1)(b), 6(2), 7, 8(1) and 8(3)(d);

  • “local weights and measures authority” has the same meaning as in section 69 of the 1985 Act;

  • F5“mass caterer” means any establishment (including a vehicle or a fixed or mobile stall), such as restaurants, canteens, schools, hospitals and catering enterprises in which, in the course of a business, food is prepared to be ready for consumption by the final consumer;

  • F6...

  • “negative error” means the quantity by which the contents of a package are less than the nominal quantity;

  • “nominal quantity” means the weight or volume marked on or in respect of a package pursuant to regulation 5(1)(a) or 6(1)(a), or entered in a record made under regulation 5(2) or 6(2) F7or, in the case of pre-packed food, the net quantity as required under Regulation 1169/2011 of the European Parliament and of the Council on the provision of food information to consumers;

  • “outer container” means a container which contains two or more items, at least one of which is a package to which these Regulations apply, provided that:

    1. (a)

      the items were placed in the container without the purchaser being present;

    2. (b)

      the items cannot be removed from the container without the container being opened or undergoing a perceptible modification; and

    3. (c)

      the container is intended, or would normally be regarded as appropriate, for sale to an ultimate consumer as the outermost layer of packaging;

  • “package” means the combination of a product and the individual package in which it is packed, provided that:

    1. (a)

      the product is placed in the package without the purchaser being present; and

    2. (b)

      except in the case of knitting yarn, the quantity of the product in the package cannot be altered without the package being opened or undergoing a perceptible modification;

  • “packer” means the person who placed the product in the package or the packages in the outer container;

  • F8“pre-packed” means, in relation to food, any single item for presentation as such to the final consumer and to mass caterers, consisting of a food and the packaging into which it was put before being offered for sale, whether such packaging encloses the food completely or only partially, but in any event in such a way that the contents cannot be altered without opening or changing the packaging; ‘pre-packed food’ does not cover foods packed on the sales premises at the consumer’s request or pre-packed for direct sale;

  • “reference test” means the tests set out in Schedule 2;

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

  • “the 1986 Regulations” means the Weights and Measures (Packaged Goods) Regulations 1986 M1;

  • “tolerable negative error” means the amount set out in the table in Schedule 3 in relation to the nominal quantity of the package.

Annotations

Textual amendments

F1

Words in reg. 2 substituted (11.7.2013) by The Cosmetic Products Enforcement Regulations 2013 (S.I. 2013/1478), reg. 1(2), Sch. 5 para. 17(a) (with reg. 6(5))

F2

Words in reg. 2 omitted (1.10.2015) by virtue of The Consumer Rights Act 2015 (Commencement No. 3, Transitional Provisions, Savings and Consequential Amendments) Order 2015 (S.I. 2015/1630), art. 1, Sch. 2 para. 47 (with art. 8)

F3

Words in reg. 2 inserted (13.12.2014) by The Weights and Measures (Food) (Amendment) Regulations 2014 (S.I. 2014/2975), regs. 1, 36(a)

F4

Words in reg. 2 inserted (13.12.2014) by The Weights and Measures (Food) (Amendment) Regulations 2014 (S.I. 2014/2975), regs. 1, 36(b)

F5

Words in reg. 2 inserted (13.12.2014) by The Weights and Measures (Food) (Amendment) Regulations 2014 (S.I. 2014/2975), regs. 1, 36(c)

F6

Words in reg. 2 omitted (31.12.2020) by virtue of The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 11 para. 2 (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)

F7

Words in reg. 2 inserted (13.12.2014) by The Weights and Measures (Food) (Amendment) Regulations 2014 (S.I. 2014/2975), regs. 1, 36(d)

F8

Words in reg. 2 inserted (13.12.2014) by The Weights and Measures (Food) (Amendment) Regulations 2014 (S.I. 2014/2975), regs. 1, 36(e)

Marginal citations

M1

S.I. 1986/2049, amended by S.I. 1992/1580, S.I. 1994/1258 and S.I. 1994/1852.