WEIGHTS AND MEASURES PART I GENERAL Citation and commencement 1 These Regulations may be cited as the Weighing Equipment (Filling and Discontinuous Totalising Automatic Weighing Machines) Regulations (Northern Ireland), 1986 and shall come into operation on 10th November 1986. Interpretation 2 1 In these Regulations— “ analogue ” means capable of assigning any value or position within a continuous range; “ automatic weighing machine ” means weighing equipment that includes a machine which accomplishes a weighing operation without intervention by an operator and which sets in motion an automatic process characteristic of the machine; “ certificate of approval ” means a certificate of approval of a pattern of weighing equipment granted or renewed by the Department under Article 10 of the Order or any instrument having effect under Article 11(5) of the Order as if it were a certificate of approval so granted on 4th April 1979 or a certificate of approval of a pattern of weighing equipment deemed under Article 10(8) of the Order to have been granted and published under the provisions of the said Article 10; “ device for interpolation of reading ” means a device which subdivides without special adjustment the scale of a machine with an analogue indicator; “ digital ” means capable of assigning only certain discrete values or positions within a continuous range by a series of discontinuous steps; “ discontinuous totaliser ” means a discontinuous totalising automatic weighing machine which systematically subdivides material in bulk into separate loads, determines the mass of material in each load, effects a summation of loads and discharges the material into bulk; “ filling machine ” means an automatic weighing machine which systematically subdivides material in bulk into separate loads of a pre-determined mass and effects an automatic feed and weighing of them; “ level indicating device ” means a device which indicates when the structure to which it is attached is tilted away from its correct operating position; “ live part ” means a part of a machine which, when a load is applied to it, causes the mass of the load to be indicated, printed or otherwise processed by the machine; “ load receptor ” means a part of a machine on which loads are placed for the purpose of their being weighed; “ material testing ” means the testing of an automatic weighing machine by loading suitable material on the machine; “ maximum capacity ” means the maximum load which the machine is authorised to weigh by the certificate of approval; “ maximum net capacity ” means the maximum net load which the machine is authorised to weigh by the certificate of approval; “ minimum load ” means the minimum load which the machine is authorised to weigh by the certificate of approval; “ minimum totalised load ” means the minimum totalised load which the machine is authorised to weigh by the certificate of approval; “ non-automatic zero-setting device ” means a device which allows an operator to observe, alter and then check the setting of the machine to zero or a given point; “ non-automatic weighing machine ” means weighing equipment that includes a machine which accomplishes a weighing operation and which requires the intervention of an operator during the weighing process, especially to deposit loads on, or remove loads from, the load receptor and also to determine the result of the weighing process; “ notice of examination ” means a notice caused to be published by the Secretary of State in pursuance of section 12(3) of the Weights and Measures Act 1985 giving particulars of a pattern in respect of which a certificate of approval has been granted; “ the Order ” means the Weights and Measures (Northern Ireland) Order 1981; “ prescribed limits of error ” has the meaning set out in Regulation 33; “ rider ” means a poise which can be moved along a graduated bar or beam; “ scale interval ” means the value expressed in units of measurement of mass, equal to— in the case of a machine with an analogue device, the smallest subdivision of the scale; or in the case of a machine with a digital device, the smallest difference between two consecutive values indicated by the machine; “ semi-automatic zero-setting device ” means a device which, following a manual command, allows the automatic setting of the machine to zero or a given point or indicates the value by which it is necessary to adjust the setting to zero or a given point; “ the stamp ” means the stamp prescribed by the Weights and Measures (Prescribed Stamp) Regulations (Northern Ireland) 1969 ; “ tare device ” means a device for resetting the weight indicating device and the weight printing device to zero when a load is placed on the load receptor; “ test load ” means a load of suitable material used for material testing; “ totalisation scale interval ” means the value, expressed in units of measurement of mass, of the scale interval of the totalisation indicating device of the machine; “ weighing unit ” means a device which provides information on the mass of the load being weighed by the machine; “ weight indicating device ” means a device which is not a weight printing device and which indicates the weight of a load on a load receptor of the machine; and “weight printing device” is a device which can print the weight of a load which is on a load receptor of the machine. 2 The abbreviations of, and symbols for, units of measurement used in these Regulations refer to the relevant units as follows:— hundredweight cwt quarter qr pound lb ounce oz tonne t kilogram kg, kilog gram g, grm. Application of Regulations and prescription of automatic weighing machines 3 1 Subject to paragraph (2), Parts II and V apply to all automatic weighing machines of the following description namely filling machines and discontinuous totalisers, Part III applies to filling machines and Part IV to discontinuous totalisers, for use for trade, and such machines are hereby prescribed for the purposes of Article 9(1) of the Order. 2 Nothing in these Regulations shall apply to any automatic weighing machine for use only for making up packages if, and only if, the packages are subsequently checked in accordance with Article 31(9)(b) of the Order. 3 The Weights and Measures Regulations (Northern Ireland) 1967 are hereby amended in Regulation 3(2) by the addition after sub-paragraph (h) of the following sub-paragraph:— i filling machines and discontinuous totalisers to which the Weighing Equipment (Filling and Discontinuous Totalising Automatic Weighing Machines) Regulations (Northern Ireland) 1986 apply, except in so far as such machines and totalisers are capable of also being used as a counter machine, platform weighing machine or weighbridge. . Purposes of use for trade 4 A person shall not use an automatic weighing machine for trade except for the purpose of weighing material the values of which, expressed in units of measurement of mass, are neither less than the value of the minimum load and the minimum totalised load nor more than the value of the maximum capacity. PART II GENERAL REQUIREMENTS FOR MATERIALS, PRINCIPLES OF CONSTRUCTION AND MARKING OF AUTOMATIC WEIGHING MACHINES CONSISTING OF FILLING MACHINES AND DISCONTINUOUS TOTALISERS Provisions applicable to filling machines and discontinuous totalisers 5 Regulations 6 to 13 apply to automatic weighing machines consisting of filling machines and discontinuous totalisers. Construction of automatic weighing machines with removable parts and metrological characteristics of such machines with interchangeable or reversible parts 6 1 Every automatic weighing machine which has readily removable parts, the removal of which would affect its accuracy, shall be so constructed that it cannot be used if any of the said parts are removed. 2 Where an automatic weighing machine has interchangeable or reversible parts, the interchange or reversal thereof shall not affect its metrological characteristics. Strength of constituent parts 7 The constituent parts of an automatic weighing machine shall be sufficiently strong to withstand the wear and tear of ordinary use in trade. Zero-setting device 8 Where an automatic weighing machine is fitted with a zero-setting device designed to compensate for the wear and tear of ordinary use in trade, the device shall have a total range not exceeding 4 per cent. of the maximum capacity of that machine. Visual indication of value of measurement 9 Where an automatic weighing machine is provided with a means of giving a visual indication of the value of the measurement made of individual quantities of material or of comparisons with such values, it shall be so constructed as to provide for easy and practicable weighings for test purposes not exceeding the maximum capacity of that machine. Approved patterns 10 1 Subject to paragraph (2), every automatic weighing machine shall be made in accordance with a pattern in respect of which a certificate of approval is in force. 2 The marking of a machine in accordance with the requirements of Regulations 11, 18 and 25 after it has been made in accordance with such a pattern shall not in itself be a breach of paragraph (1). Marking of automatic weighing machines 11 Every automatic weighing machine passed as fit for use for trade on or after the date of coming into operation of these Regulations shall be legibly and durably marked with:— a the name of the maker or supplier; b the number of the certificate of approval or of the notice of examination in respect of the pattern in accordance with which the machine is made, preceded by the words "Certification No.“, ”Cert. No.“or ”Notice No.“or ”DED Certification No.“or ”DED Cert. No." as the case may be; and c such other markings appropriate to the type of machine, as specified in Regulation 18 or 25. Marking of units of measurement 12 1 Where units of measurement are marked on automatic weighing machines first passed as fit for use for trade: a before 1st December 1980, they shall be marked in full or, except in the case of the ton, by means of one of the following abbreviations or symbols only:— cwt, qr, lb, oz, t, kg, kilog, g, grm; b on or after that date, they shall be marked, in metric units or in pounds or ounces, in full or by means of one of the following abbreviations or symbols only:— lb, oz, t, kg, g. 2 Nothing in paragraph (1) shall authorise the use for trade of the ton, hundredweight or quarter in any circumstances other than those permitted by Regulation 10(2) and (4) of the Units of Measurement Regulations 1980 . Provision of sealing devices 13 Every automatic weighing machine shall be provided with a plug or stud made of soft metal and made irremovable by undercutting and with such sealing arrangements as may be specified in the particular pattern in accordance with which the machine is made as set out in any certificate of approval relating to it and which is in force or in the notice of examination. PART III FILLING MACHINES Provision of tare and level indicating devices 14 1 Every filling machine which is not provided with a load receptor, instead the material being put directly into a container attached to the live part of the machine, shall be provided with a tare device. 2 Every movable filling machine shall be fitted with one or more level indicating devices. Construction of filling machine with manually controlled discharge facility 15 Where a filling machine is provided with a manually controlled discharge facility it shall be so constructed that the facility cannot be operated during an automatic process. Purported weighing capacity 16 Every filling machine shall be provided with a clear indication of the exact quantity of material it purports to weigh. Restriction on fitting of rider or weight indicating device 17 A filling machine shall not be fitted with a rider or with a weight indicating device incorporating a device for interpolation of reading. Marking of filling machines 18 Every filling machine passed as fit for use for trade on or after the date of coming into operation of these Regulations shall be legibly and durably marked, in addition to the markings required by Regulation 11, with:— a either— i the maximum capacity, or ii the maximum net capacity; b the minimum load; and c if applicable— i the range of any tare device; and ii the scale interval of all weight indicating, weight printing and tare devices. Filling machine to be positioned to facilitate cleaning and testing and restriction on use of a machine fitted with level indicating devices 19 1 Every filling machine in use for trade shall be so positioned as to facilitate cleaning and testing. 2 A person shall not use for trade any filling machine fitted with level indicating devices unless each such device indicates that it has been set to its reference position. Restriction on use of a filling machine marked with a temperature range 20 Where a filling machine is marked with a temperature range, a person shall not use the machine for trade in temperatures outside that range. Manner of erection and use of a filling machine fitted with a weight printing device 21 Where a filling machine is fitted with a weight printing device, the machine shall be so erected and used for trade that the printing device, when used, produces a clear and indelible printout for all loads within the weighing range of the machine. Pre-testing requirements 22 1 Every filling machine submitted for testing shall be completely assembled and in a clean condition. 2 A filling machine, other than one which has been transported without having been dismantled, shall not be tested, passed as fit for use for trade and stamped unless it has been completely erected ready for use and installed in the position in which it is to be used. 3 For the purposes of the performance by an inspector of his functions under the Order or these Regulations relating to inspection, testing, passing as fit for use for trade and stamping of any filling machine, a person submitting such a machine to an inspector or who an inspector has reasonable cause to believe has control of such a machine for use for trade shall, if requested, make available for the inspector's use such material in his possession as the inspector may reasonably require, and this material shall be returned to the person in question. Requirements relating to testing 23 1 The inspector shall, subject to paragraph (2), test a filling machine in accordance with the provisions of Schedule 1. 2 In the case of a machine made in accordance with a pattern in respect of which a certificate of approval is in force, being a machine for which certain of the testing provisions of Schedule 1 are not practicable or effective and which has a statement to that effect appended to the certificate of approval or the notice of examination in respect of that pattern, the machine shall, in place of the said testing provisions, be subject to any test or tests specified in the certificate of approval or the notice of examination. PART IV DISCONTINUOUS TOTALISERS Discontinuous totalisers provided with a visual weight indication 24 Where a discontinuous totaliser is provided with a visual indication of the weight of individual quantities of material, the machine may, for test purposes only, be constructed so that— a on manual command the automatic processing of material is interrupted prior to the filling stage and the discharge stage, and b the weight display scale is further subdivided. Marking of discontinuous totalisers 25 Every discontinuous totaliser passed as fit for use for trade on or after the date of coming into operation of these Regulations shall be legibly and durably marked, in addition to the markings required by Regulation 11, with:— a the maximum capacity of the load receptor; b the minimum load for automatic operation; c either— i the maximum number of discharges of material per hour, or ii the maximum load weighed and totalised per hour; d the minimum totalised load; and e the totalisation scale interval. Manner of erection of discontinuous totalisers and availability of non-automatic weighing machine 26 1 Every discontinuous totaliser shall be erected in such a way that it is possible to test it in situ, including in particular the depositing on and removal from every load-receptor of test loads in a reliable and easy manner, without disrupting the normal operation of the machine. 2 A person shall not use a discontinuous totaliser for trade unless a non-automatic weighing machine which meets the provisions of paragraph (5) in Part II of Schedule 2 is sited in the vicinity of, and is available for use in conjunction with, the totaliser. 3 Nothing in paragraph (2) shall apply where a machine constructed in accordance with Regulation 24 is tested in accordance with paragraph 3 in Part I of Schedule 2. 4 Nothing in paragraphs (1) and (2) shall apply to any discontinuous totaliser first passed as fit for use for trade before 1st January 1988. Manner of use for trade 27 A person shall not use a discontinuous totaliser for trade in such a manner as to cause— a spillage of material from a load receptor; or b loading of the weighing unit above its maximum capacity. Accessability of information and controls to operator 28 1 Subject to paragraph (3), every discontinuous totaliser having either a non-automatic zero-setting device or a semi-automatic zero-setting device shall be erected in such a manner that the operator can, notwithstanding the nature of the machine or its surroundings, readily take up a single position from which he can:— a check the zero or given point indication; and b operate the zero or given point setting controls. 2 Subject to paragraph (3), every discontinuous totaliser shall be erected in such a manner that access is provided to facilitate the cleaning of the interior of every load receptor. 3 Nothing in paragraphs (1) and (2) shall apply to any discontinuous totaliser first passed as fit for use for trade before 1st January 1988. Manner of erection and use of a discontinuous totaliser fitted with a weight printing device 29 Where a discontinuous totaliser is fitted with a weight printing device, the machine shall be so erected and used for trade that the printing device, when used, produces a clear and indelible printout for all loads and with the same scale interval as the relevant indicator. Restriction on use of a discontinuous totaliser marked with a temperature range 30 Where a discontinuous totaliser is marked with a temperature range, a person shall not use the machine for trade in temperatures outside that range. Pre-testing requirements 31 1 A discontinuous totaliser shall not be tested, passed as fit for use for trade and stamped unless it has been completely erected ready for use and installed at the place where it is to be used. 2 Every discontinuous totaliser submitted for testing shall be in a clean condition. 3 For the purposes of the performance by an inspector of his functions under the Order or these Regulations relating to inspection, testing, passing as fit for use for trade and stamping of any discontinuous totaliser, a person submitting such a machine to an inspector or who an inspector has reasonable cause to believe has control of such a machine for use for trade shall, if requested, make available for the inspector's use such material in his possession as the inspector may reasonably require, and this material shall be returned to the person in question. Requirements relating to testing 32 1 The inspector shall, subject to paragraph (2), test a discontinuous totaliser in accordance with the provisions of Schedule 2. 2 In the case of a machine made in accordance with a pattern in respect of which a certificate of approval is in force, being a machine for which certain of the testing provisions of Schedule 2 are not practicable or effective and which has a statement to that effect appended to the certificate of approval or the notice of examination in respect of that pattern, the machine shall, in place of the said testing provisions, be subject to any test or tests specified in the certificate of approval or the notice of examination. PART V SUPPLEMENTARY PROVISIONS Prescribed limits of error 33 1 The prescribed limits of error relating to filling machines shall be those set out in columns 3 to 6 of Table 1 in Schedule 3. 2 The prescribed limits of error relating to discontinuous totalisers shall be those set out in columns 2 and 3 of Table 2 in Schedule 3. Passing as fit for use for trade 34 An automatic weighing machine shall not be passed as fit for use for trade unless:— a it complies with all the appropriate requirements of these Regulations; and b on testing, it falls within the prescribed limits of error in relation to passing as fit for use for trade. Stamping 35 1 The stamp shall be placed on the plug or stud and on every sealing device referred to in Regulation 13. 2 An automatic weighing machine shall not be stamped in accordance with paragraph (1) if it bears any mark which might reasonably be mistaken for the stamp, or any statement or mark (other than the stamp) which purports to be or might reasonably be mistaken for an expression of approval or guarantee of accuracy by any body or person. Obliteration of stamps 36 Stamps shall be obliterated by an inspector, in accordance with the requirements of these Regulations, by means of punches or pincers of suitable sizes of a six-pointed star design as shown in the following illustration:— Inspectors' powers and duties regarding obliteration of stamps 37 1 Subject to paragraph (2), an inspector shall obliterate the stamp on any automatic weighing machine which— a fails upon testing to fall within the prescribed limits of error in relation to obliteration of the stamp; or b fails to comply with any other appropriate requirement of these Regulations. 2 Except as provided by Regulation 38, where any automatic weighing machine does not fully comply with the requirements of these Regulations, but the nature or degree of the non-compliance is not, in the inspector's opinion, such as to require the immediate obliteration of the stamp, he shall give to the proprietor or any person in control of the machine a notice calling on him to have the machine corrected within a stated period not exceeding 28 days, and shall obliterate the stamp if the correction has not been made within the stated period. Mandatory obliteration of stamps by an inspector 38 An inspector shall obliterate the stamp on any automatic weighing machine which has, since it was last stamped, had any alteration or addition made to it such that it could not be passed as fit for use for trade under Regulation 34. Discretionary obliteration of stamps by an inspector 39 An inspector may obliterate the stamp on any automatic weighing machine which:— a has, since it was last stamped, been the subject of any adjustment, alteration, addition, repair or replacement which could have affected its accuracy or function; b is in use for trade for a particular purpose and:— i which does not meet the requirements of Regulation 4; or ii for which purpose, in the opinion of the inspector, it is otherwise unsuitable; or c is in use for trade in circumstances where the machine is subjected to any extraordinary environmental or operating conditions which, in the opinion of the inspector— i prevent the machine operating consistently and correctly; or ii are likely prematurely to degrade the metrological characteristics of the machine. Consequence of the obliteration of a stamp 40 1 For the purpose of these Regulations, the obliteration of any one stamp on any automatic weighing machine shall, subject to paragraph (2), be deemed to be the obliteration of all other stamps on that machine. 2 Where the stamp on one automatic weighing machine forming part of an interconnected system is obliterated, paragraph (1) shall not apply so as to prevent the system or any other machine in the system being used provided that the integrity of the remainder of the system is unimpaired. Sealed with the Official Seal of the Department of Economic Development on 1st October 1986. (L.S.) Margaret L. Johnston Assistant Secretary