Citation and commencement_I1

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

Interpretation and extent_I2

2.—(1) In these Regulations:—

“ batch ”, in relation to measuring container bottles, means a batch of such bottles ascertained in the manner specified in [^F1 Schedule 3 ^F1] for the purposes of checking that the requirements of [^F2 these Regulations ^F2] 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; ; ^F3]

“ 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 who—

“ 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 [^F5 UK marking ^F5] ;

“ 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; ^F6]

[^F7 (1A) Schedules 2 and 3 reproduce provisions of Annexes I and II (respectively) to the Directive with amendments to correct deficiencies in [^F8 assimilated^F8] 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.^F7]

(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 [^F9Schedule 1^F9] hereto, these Regulations shall extend to Northern Ireland.

Application_I3

3. These Regulations apply [^F10to 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.^F10]

Weights and Measures Acts_I4

4. 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 [^F11 UK marking ^F11] .

General

[^F12 5.—(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 [^F13 seven years^F13] 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.^F12]

Manufacturer's Identification Mark_{cross-notes I5}

6.—(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.

^F14(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Duties of manufacturers to keep records_I6

7.—(1) Every manufacturer shall—

(a)keep production control records and

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

^F15(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[^F16Obligations which are met by complying with obligations in the Directive

7A.—(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. ^F16]

Expiry of regulation 7A

^F177B. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[^F18Qualifying Northern Ireland Goods

7C.—(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 . ^F18]

Powers of inspection and entry_I7

^F198.—(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F19(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F19(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F19(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) If a person who enters any work-place [^F20for the purposes of these Regulations^F20] 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.

Individual measuring container bottles_I8

9. 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 [^F21UK marking^F21] , shall give directions to that person that the bottle may not be sold or supplied marked with the [^F21UK marking^F21] .

Offences_I9

10.—(1) Any manufacturer or importer who—

(a)sells or has in his possession for sale a batch of measuring container bottles marked with the [^F22UK marking^F22] but not complying with these Regulations; or

(b)sells or has in his possession for sale measuring container bottles marked with the [^F23UK marking^F23] which is less than 3mm high;

(c)systematically exploits the maximum permissible limits of error set out in the table [^F24at paragraph 1 of Schedule 2^F24] ;

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

^F25(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.

^F26(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F27(4) Any person who without reasonable cause fails to comply with directions given in accordance with ...Regulation 9 shall be guilty of an offence

^F28(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F28(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 [^F29UK marking^F29] shall be guilty of an offence.

Offences by corporations_I10

11.—(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.

Defences_I11

12. 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.

Enforcement_I12

13. 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.

Penalties_I13

^F3114.—(1) A person guilty of an offence under Regulation 10(1)(b) [^F30or^F30] 10(4) (insofar as it relates to directions given in accordance with Regulation 9) ... shall be liable on summary conviction to a fine not exceeding [^F32£400^F32] .

(2) A person guilty of any other offence under these Regulations shall be liable on summary conviction to a fine not exceeding [^F33£2000^F33] .

Regulation 2(3)

[^F34Schedule 1^F34] ADAPTATION FOR NORTHERN IRELAND _{I14,I15,I16,I17}

1. 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.

[^F35 (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.”^F35] .

[^F36 1A. 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.”.^F36]

2. In Regulation 6, the references to the Secretary of State shall be references to the [^F37Department for the Economy^F37] for Northern Ireland.

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

[^F38 3A. 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.”

3B. In regulation 10(4), for “Regulation 9” substitute “ Regulation 9 or Regulation 9A ” . ^F38]

4. 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 [^F39 Department for the Economy^F39] for Northern Ireland.”.

Regulations 2(1A), 5, 7A

[^F40SCHEDULE 2 (Annex I to the Directive)

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

1.1. 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;

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

1.3. 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;

2. 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.

3. 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:

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.

4. 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.

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

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

5.1.1. 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;

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

5.1.3. the UK marking;

5.2. 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:

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

5.2.2 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.

5.3. Other indications may appear on the bottle provided they do not give rise to confusion with the compulsory indications.^F40]

Regulation 2(1A)

[^F41SCHEDULE 3 (Annex II to the Directive)

METHOD OF SAMPLING

1. 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.

MEASURING THE CAPACITY OF THE MEASURING CONTAINER BOTTLES CONSTITUTING THE SAMPLE

2. 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.

APPLICATION OF THE RESULTS

3.1. Use of the standard deviation method

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

3.1.1 Calculate as follows (see 3.1.4.):

3.1.1.1. the average

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

3.1.2. Calculate as follows:

3.1.2.1. 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.

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

3.1.3. Acceptance criteria:

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

• where k = 1·57

• and F = 0·266

3.1.4. Calculation of the mean value

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

3.2.1. Calculate as follows (see 3.2.4):

3.2.1.1. the average

3.2.1.2. the average range value

3.2.2. Calculate as follows:

3.2.2.1. 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.

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

3.2.3. Acceptance criterion:

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

• where k′ = 0·668,

• and F′ = 0·628.

3.2.4. Calculation of the mean value

3.2.4.1. to obtain

3.2.4.2. 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: R_{1 ;} R_{2 ; . . . . . .} R₈

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

The average range^F41]

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.