WEIGHTS AND MEASURES 1 This Order may be cited as the Weights and Measures Act 1963 (Various Foods) (Amendment No. 2) Order 1985 and shall come into operation on 20th December 1985. 2 The Weights and Measures Act 1963 (Intoxicating Liquor) Order 1984 is hereby amended as follows:— a in Article 6(3) for the words “10 cl” onwards there shall be substituted the following words:— a 10 cl, 25 cl, 37.5 cl, 50 cl, 75 cl, 1 L, 1.5 L, 2 L, 3 L, 5 L, 6 L, 9 L and 10 L; and b 18.7 cl for consumption on board aircraft and ships only. ; and b in Article 9 after the words “Nothing in” there shall be inserted the words “the previous provisions of” . 3 The Weights and Measures Act 1963 (Cheese, Fish, Fresh Fruits and Vegetables, Meat and Poultry) Order 1984 is hereby amended as follows:— a in Article 4(1)(d) before the word “fish” there shall be inserted the word “cheese,” ; b for Article 4(7)(a) there shall be substituted the following sub-paragraph:— a bath chaps, cheese, fish, meat or poultry pies, puddings and flans and sausage rolls, provided that in the case of more than one item of food pre-packed in a container not marked with an indication of quantity by net weight the number of items in the container is marked on the container or is clearly visible and capable of being easily counted through the container ; c in Article 5(6), at the end of sub-paragraphs (a) and (b) respectively there shall be inserted the words “or, in the case of countable produce, either by net weight or by number” ; and d in Article 6 after the words “Nothing in” there shall be inserted the words “the previous provisions of” . 4 The Weights and Measures Act 1963 (Miscellaneous Foods) Order 1984 is hereby amended as follows:— a in Article 2, after the words “Food Labelling Regulations 1984” there shall be added the words “except that “ flour confectionery ” includes food containing a filling which has as an ingredient vegetable protein material or microbial protein material ” ; b in proviso (b) to Article 6(3) there shall be added at the end the words, “if the number of pieces in the container, if more than one, is marked on the container or is clearly visible and capable of being easily counted through the container” ; c in Article 13(1):— i after sub-paragraph (a) there shall be added the following sub-paragraph:— aa flour confectionery, except when consisting of uncooked pastry or pastry cases, not containing any filling, or shortbread; ; and ii at the end there shall be added the following words:— or, in the case of flour confectionery, if the number of items if more than one in the container is clearly visible and capable of being easily counted through the container ; d in Article 14(3)— i in paragraph (a) the words “, and flour confectionery (except when consisting of or including uncooked pastry or shortbread),” shall be deleted; and ii at the end of paragraph (i) there shall be added the words “whether or not they contain other foods to which this Article does not apply.” ; e in Article 15(1) after the words “Nothing in” there shall be inserted the words “the previous provisions of” ; f in Article 16(3) and (4) any reference to foods being pre-packed shall include a reference to foods being otherwise made up in a container for sale; and g in Schedule 1 in respect of bread in the form of a whole loaf there shall be added in column 4 at the end the words “and the number of items if more than one in the container is marked on the container or is clearly visible and capable of being easily counted through the container” . 5 1 A person specified in paragraph (2) below in the cases specified in that paragraph shall not be guilty of an offence under section 22(2) of the Act by reason only of the fact that the foods specified in paragraph (3) below are not pre-packed in accordance with the provisions of the principal Order in question specified in paragraph (3) below as amended by this Order, if the foods would be pre-packed in accordance with those provisions of the principal Order, if they were not amended by this Order. 2 The cases and persons referred to in paragraph (1) above are:— a in the case of foods pre-packed in Great Britain on or before 1st January 1987 and of foods imported pre-packed into Great Britain on or before that date, all persons; b in the case of foods pre-packed in Great Britain after that date and of foods imported into Great Britain after that date and pre-packed before importation, all persons other than— i where the foods were pre-packed in Great Britain, the person who pre-packed them and if the pre-packed them on behalf of another person, that other person; ii where the foods were imported into Great Britain, the person who imported them and if he imported them on behalf of another person, that other person. 3 The foods and provisions referred to in paragraph (1) above are— a the foods referred to in Article 4(7)(a) of the Weights and Measures Act 1963 (Cheese, Fish, Fresh Fruits and Vegetables, Meat and Poultry) Order 1984 other than cheese and fish pies, puddings and flans, poultry puddings and flans and meat flans; and b the following foods referred to in the following Articles of the Weights and Measures Act 1963 (Miscellaneous Foods) Order 1984— i shortbread referred to in proviso (b) to Article 6(3) of that Order; ii flour confectionery referred to in Article 14(3)(a) of that Order; and iii bread referred to in Article 4(1) of that Order and Schedule 1 to that Order. 4 Any reference in the preceding provisions of this Article to foods being pre-packed shall include a reference to foods being otherwise made up in a container for sale. 5 The provisions of paragraphs (1) to (3) above shall cease to have effect after 30th June 1987. Lucas of Chilworth Parliamentary Under-Secretary of State Department of Trade and Industry 18th December 1985