> Of [EMAIL PROTECTED]
> 
> On Sun, 24 Mar 2002 14:39:54 -0500, "Duncan Bath"
> <[EMAIL PROTECTED]> wrote:
> 
> >When (IF) they put 200 g on the label, they are then increasing their
> >commitment to content over the 7 oz. one.
> >If they do have a content of 200 g, there is no legal impediment to
> (also)
> >including the smaller 7 oz. declaration.
> >Duncan
> 
> I don't know what the US law says, but I doubt that the law here would
> forbid the 1.6 g difference in a 200 g pack.

English law relates only to undermeasures. There are no penalties for
overmeasure. Rounding down for dual labelling is therefore a business
option. I presume that inspections would consider only the highest of
the two units used.

The following regulations appear to be in line with what the rest of the
EU does:


"Guidance notes on average quantity 
The Weights and Measures Act 1985 

The Weights and Measures (Packaged Goods) Regulations 1986. 

General 

Goods which 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. 

For average quantity there are certain rules which 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
kept. 

The Packers' Rules 

In a group of packages some packs may contain less than the marked
quantity but the group must comply with the following rules: 

(1) The actual contents of the group must on average be at least the
nominal quantity. 

(2) No more than 2.5% (1 in 40) of the group may be non-standard. A
non-standard package is one which 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. 

(3) No package in the group may be inadequate. An inadequate package is
one which contains less than the nominal quantity minus twice the T.N.E.


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. Please ask if you
need further advice. 

Equipment 

The equipment used to carry out the checks must be suitable. You can
either use a scale which 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. Please ask if you require advice on
a particular piece of equipment. 

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:- 

(1) A statement of quantity. This statement must be in metric and the
size of the marking is prescribed eg for a 500g pack the marking must be
4mm high. 

(2) Your name and address. Alternatively you may give the name and
address of the person who arranged for you to make up the packages. 

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 contact us for further advice. 

Any Questions? 

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. 

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 


A22 

Date of issue: 02/99 

This leaflet is relevant for the following nations only: 

England 
Wales 
Northern Ireland"
     
http://www.tradingstandards.gov.uk/cgi-bin/bglitem.cgi?file=BADV024-1011
.txt


--
Terry Simpson
Human Factors Consultant
[EMAIL PROTECTED]
www.connected-systems.com
Phone: +44 7850 511794 

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