Weight and Measures legislation

Introduction

Ever since the 13th century, weights and measures has played a vital role in trade, both nationally and internationally. Almost all trade is subject to weights and measures legislation and the Weights and Measures Act 1985 was the original raison d'etre of the trading standards service.
The Act and its associated legislation establishes a hierarchy of standards of weight, area, length, volume, and capacity. Local authorities are charged with maintaining local and working standards which are traceable to national standards, and which are used to ensure all trade equipment is accurate. Any trade equipment is regulated, from 'optics' in bars to bulk fuel metering systems and computerised packing equipment in factories.
Inspectors of Weights and Measures are appointed by statute and have wide powers of entry to premises and test purchase of goods to check compliance with the law.

Back to the top

Metrication

Except for the USA, Great Britain was the last developed country in the world to retain the Imperial system of weights and measures long after all other nations have adopted the SI (metric) system. Even the United States of America has decided, in principle, to follow the rest of the world and go metric, although considerable resistance remains.

In 1965 the Government announced that the complete conversion of the United Kingdom to the SI system would be reached by 1975. In 1969 the Metrication Board was established with a view to the voluntary change in trade and industry from the Imperial system to the SI system. The Board was charged with the responsibility to consult and advise consumer, education, industry and government interests on the nature and timing of metric changes; coordinating metrication programmes in the various sectors of the economy; and informing those making the metric changes and those affected by them of the practical implications. It was intended that amendments to the law to abolish Imperial units of weight and measure and to facilitate the sale of goods by the SI system alone would follow the voluntary adoption of the new system by trade and industry.

From the beginning the work of the Metrication Board was hampered by a lack of enthusiasm in government departments. Although it set about its task with vigour and did much to familiarise the nation with the SI system it had little impact on the rate of change. Despite the UK’s admission to the then European Economic Community in 1973 (with an associated obligation to implement the EC Council Directive of 1971 relating to Units of Measurement), in 1975 the United Kingdom remained substantially an Imperial nation. The economic cost of trading with a metric world whilst maintaining the Imperial system at home was significant. A position had been reached where consumer interests and political factions showed little enthusiasm for the subject but industrial interests were keen to see a total conversion of the system at an early date.
In April 1980 the Metrication Board was abolished on the grounds that its work was largely finished. By the end of 1981 nearly all goods could be sold in SI units with the notable exceptions of draught beer, cider and packaged milk.

It was not until 1 October 1995, that legislation finally required all pre-packed goods to be marked with metric indications, and created a general prohibition on the use of imperial units for use for trade. In accordance with a derogation available under the terms of the Units of Measurement Directive, a date of 1 January 2000 was set for the abolition of the use of the pound and ounce for goods sold loose from bulk.

In the event, reports and surveys from across the UK confirm that the metrication 'D' day has gone reasonably smoothly - consumer groups report that over 95% of people are happy with the metric system, and weights and measures authorities are finding that about the same percentage of retailers are geared up with metric equipment. Of course there are stragglers, but common sense will hopefully prevail and a sensible approach is being recommended to authorities, to give small retailers additional time to get their 'house in order'. Scaremongering stories of small grocers being fined thousands of pounds for selling quarter pounds of sweeties is a scenario that everyone is hoping to avoid!

It is notable that the UK has so far only made provision for the specific prohibition of the use of imperial units where they are ‘in use for trade’ within the meaning of that term under the Weights and Measures Act. There must be doubt as to whether such an apparently restricted prohibition properly reflects the requirements of the Directive, which appears to demand a much wider adoption of metric units.

The Imperial system has been slow to die and it may be expected that the old units will be found in common, if not legal use, for some years. It is notable that in France, more than 140 years after the compulsory adoption of the metric system, the old units were customarily and unlawfully still to be found in many rural areas.

For more information on the metrication process and its history, try this up to date metrication site at http://www.usma.demon.co.uk/

Or the Department of Trade and Industry site at http://www.dti.gov.uk/cacp/ca/contents.htm

It is worth noting, for those imperialphiles among you that the following will be allowed indefinately:

• Miles, yards, feet and inches for road signs.
• Pints for draught beer and cider, and bottled milk.
• Troy ounces for precious metals.
• Acres for land registry.

Back to the top

Weights and Measures Act 1985 Part I

Part 1 of the Act, ie sections 1 through 6 deals with UK units and standards of measurement
It consolidates the law laying down the legal units of measurement, and control of primary, secondary and tertiary standards by the UK National Weights and Measures Laboratory (NWML). It also makes provision for working standards, stamping and testing equipment for use by local weights and measures authorities (Trading Standards Departments).

Section 1 defines the yard as 0.9144 metre exactly, and the pound as 0.45359237 kilogram exactly
The metre is of course 'the length of the path travelled by light in vacuum during a time interval of 1/299792458 of a second'.
The kilogram is of course the mass equal to the mass of the international prototype of the kilogram.
This section also refers to Schedule 1 of the Act for other units of measurement legal for trade use in the UK.

Sections 2 through 5 deal with UK primary, secondary, tertiary, local and working standards, and testing and stamping equipment. Section 6 deals with the testing of other standards and equipment.

Back to the top

Weights and Measures Act 1985 Part II

Section 7 defines use for trade as:
'use in connection with a transaction where:

• the transaction is by reference to quantity or is a transaction for the purposes of which there is made or implied a statement of the quantity of goods to which the transaction relates, AND
• the use is for the purpose of the determination or statement of that quantity.'

• the transferring or rendering of money or money's worth in consideration of money or money's worth, OR
• the making of a payment in respect of any toll or duty.

Back to the top

Weights and Measures Act 1985 Part III

1. fails to carry out the weighing on demand (without reasonable cause)
   
2. carries out the weighing unfairly
3. fails to deliver a statement of the weight in writing
4. fails to make a record of the weighing (and keep it for 2 years)

Back to the top

Weights and Measures Act 1985 Part IV

1. Sand and other ballast
2. Solid fuel
3. Miscellaneous goods other than foods
4. Composite goods and collections of articles

Section 21 gives effect to schedules 4 to 7 of the Act.
Section 22 gives the Secretary of State powers to make orders with repect to any goods to ensure that the goods in question:

• are only sold by quantity expressed in a specified manner
• are prepacked only if the container is marked with specified information
• are prepacked only if made up in a container of a specified size
• are sold or prepacked on ly in specified quantities
• are not sold without the quantity being made known to the buyer at a specified time
• are sold by vending machine only if specified information is given
• are carried for reward only if the agreement is by reference to quantity expressed in a specified manner
• have a document associated with them specifying the quantity
• when carried on a road vehicle have a document associated with them containing specified particulars.

Section 27 provides for exemptions from the requirements of section 26.
Section 28 deals with shortweight etc. Any person selling any goods by quantity is guilty of an offence if they deliver:

• a lesser quantity than that purported to be sold OR
• a lesser quantity than corresponds to the price charged.

Section 29 makes it an offence to make misrepresentations:
On or in connection with the sale or purchase of any goods,

• in exposing or offering any goods for sale,
• in purporting to make known the quantity,
• in offering to purchase any goods.

Back to the top

Weights and Measures Act 1985 Part V

This was a departure from the traditional metrological system where quantity controls were based on the minimum system, and is a clear recognition of the fact that there are inherent errors in all metrological equipment, especially automated packing systems.
The main emphasis for enforcement moved therefore from the retail level to controls at factories, packing plants and points of importation.

Another new provision was the introduction of the 'e' mark. The placing of this mark on packages guaranteed that they met the requirements of the Directives, thus gaining free access to markets throughout the Community without further metrological checking. Special responsibilities are imposed on packers and importers before this mark can be used.

Section 47 provides for the duties which must be performed by packers and importers to ensure that a group of packages selected by an inspector pass the reference test. There are 3 basic rules which must be satisfied:

1. The actual contents of the packages shall not be less, on average, than the nominal quantity
2. Not more than 2.5 percent pf packages may be non-standard ie have Tolerable Negative Errors (TNE) greater than that specified for the particular nominal quantity
3. No package may be inadequate ie be deficient by more than twice the TNE

• A statement of quantity in the prescribed form see Weights and Measures (Packaged Goods) Regulations 1986
• his name and address or a mark which enables an inspector to readily ascertain his name and address
• a mark allocated by the Secretary of State

1. failing to perform a duty imposed by sections 47, 48, 49
2. making false records showing that such duties have been performed
3. referring to documents containing information known to be false
4. altering records or documents with intent to deceive
5. having in possession for sale, or selling or agreeing to sellinadequate packages, AND being either the packer or importer, OR knowing the package to be inadequate

• Where the offence is failing to perform the duty imposed by section 47 it is a defence to show that the packages were not in the possession of the defendant when the reference test took place and they were not marked with the nominal quantity when they were in his possession
• Where the importer is charged with a similar offence he must show:
  1. he carried out the necessary checks under 49(2)
  2. he obtained the necessary documents referred to in 49(2)
  3. he took reasonable steps to verify the information
  4. he served a copy of the documents on the prosecutor within 7 days of the hearing
  5. he took all reasonable steps to ensure that the quantity of the goods did not alter while in his possession
• Where the offence is failing to mark a regulated package under 48(1) it is a defence to show that the container was marked with a mark, as to which notice had been given to an inspector stating that the mark referred to his name and address
• For any other offences there is the general defence of reasonable precautions and all due diligence

• at least 3mm high
• in the same field of vision as the statement of nominal quantity
• indelible, clearly legible, and visible under normal conditions of purchase

• specifying the packages
• requiring the person to keep the packages at a specified place for 24 hours

Back to the top

NWML and legislation

NWML and legislation information provided courtesy of NWML, National Weights and Measures Laboratory.
Visit also WELMEC which is an organisation of European national legal metrology services, their site at www.welmec.org contains various details including a list of Notified Bodies under NAWI.

Back to the top