WEIGHTS AND MEASURES Citation and commencement 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 2 1 In these Regulations:— “ batch ”, in relation to measuring container bottles, means a batch of such bottles ascertained in the manner specified in Schedule 3 for the purposes of checking that the requirements of these Regulations have been complied with; “ 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; ; “ 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: “ importer ” means any person who— is established in the UK; and places a measuring container bottle (marked with the UK marking) from a country outside the United Kingdom onto the market; “ 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 UK marking ; “ production control records ” means records of measurement of capacity of measuring container bottles carried out by the manufacturer after completion of the manufacturing process. “ 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; 1A Schedules 2 and 3 reproduce provisions of Annexes I and II (respectively) to the Directive with amendments to correct deficiencies in assimilated 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. 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 Schedule 1 hereto, these Regulations shall extend to Northern Ireland. Application 3 These Regulations apply to 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. Weights and Measures Acts 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 UK marking . General 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 seven years 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. Manufacturer's Identification Mark 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. 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Duties of manufacturers to keep records 7 1 Every manufacturer shall— a keep production control records and b preserve the records for a period of six months after their making. 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Obligations 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. Expiry of regulation 7A 7B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Qualifying 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. Powers of inspection and entry 8 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 If a person who enters any work-place for the purposes of these Regulations 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 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 UK marking , shall give directions to that person that the bottle may not be sold or supplied marked with the UK marking . Offences 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 UK marking but not complying with these Regulations; or b sells or has in his possession for sale measuring container bottles marked with the UK marking which is less than 3mm high; c systematically exploits the maximum permissible limits of error set out in the table at paragraph 1 of Schedule 2 ; 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 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. 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Any person who without reasonable cause fails to comply with directions given in accordance with ...Regulation 9 shall be guilty of an offence 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 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 UK marking shall be guilty of an offence. Offences by corporations 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 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 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 14 1 A person guilty of an offence under Regulation 10(1)(b) or 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 £400 . 2 A person guilty of any other offence under these Regulations shall be liable on summary conviction to a fine not exceeding £2000 . John Fraser Minister of State Department of Prices and Consumer Protection 26th May 1977