S.I. No. 39/1981:

PACKAGED GOODS (QUANTITY CONTROL) REGULATIONS, 1981.

PACKAGED GOODS (QUANTITY CONTROL) REGULATIONS, 1981.

I, DESMOND O'MALLEY, Minister for Industry, Commerce and Tourism, in exercise of the powers conferred on me by sections 3 , 8 , 9 , 10 and 11 of the Packaged Goods (Quantity Control) Act, 1980 (No. 11 of 1980), and in so far as they provide for the charging of fees, with the consent of the Minister for Finance, hereby make the following regulations:

1. (1) These Regulations may be cited as the Packaged Goods (Quantity Control) Regulations, 1981.

(2) These Regulations shall come into force on the 1st day of April, 1981.

2. In these Regulations--

"the Act" means the Packaged Goods (Quantity Control) Act, 1980 (No. 11 of 1980);

"e-marked" means marked with the e-mark;

"nominal quantity" means, in relation to a relevant package--

( a ) in case the package includes more than one container, the quantity expressed on the relevant container and purporting to be the quantity of goods included in the package,

( b ) in any other case, the quantity expressed on the package and so purporting;

"predetermined constant quantity" when used in relation to the making up of packages refers to the case where a group of packages containing the same goods is made up in circumstances in which, before the goods are placed in the packages, the packer selects a particular quantity (being the same quantity for all the packages in the group) as the quantity of the goods which the packages are to be treated as containing;

"the Packers' Manual" means the code entitled "Guidance Manual for Packers and Importers" approved of by the Minister on the 27th day of January, 1981;

"a relevant package" means a package to which section 8 of the Act applies.

3. (1) It is hereby declared that section 8 of the Act shall not apply to:--

( a ) catchweight packages, that is to say packages not made up in a predetermined constant quantity, or

( b ) any package the nominal quantity of which exceeds 55kg or 55 litres, or

( c ) packages not marked with the e-mark containing goods which are intended by the packer or importer of them to be subjected to any treatment or process in a factory within the meaning of the Factories Act, 1955 (No. 10 of 1955), or

( d ) packages not marked with the e-mark which are intended for export, or

( e ) packages not marked with the e-mark containing paint which consists of a mixture of base paint and of a quantity of colouring agent in the case where the package is made up by the addition of the colouring agent into a package of the base paint by a person other than the person who made up the last-mentioned package.

(2) Notwithstanding the declaration contained in paragraph (1) of this Regulation as regards packages intended for export, the Minister may on, and only on, a request made in that behalf in writing by the packer concerned treat packages which--

( a ) are not marked with the e-mark, and

( b ) are intended for export, and

( c ) are of a class or description specified by the packer,

as being packages to which section 8 of the Act applies, and in case a request is made under this paragraph to the Minister, then until the request is withdrawn the declaration contained in paragraph (1) of this Regulation shall not apply to packages which are of the class or description to which the request relates.

4. (1) For the purposes of this Regulation "outer container" means a container--

( a ) which contains one or more packages (whether relevant packages or not) which packages are in this Regulation subsequently referred to as the "inner containers", and

( b ) in which the inner containers are placed otherwise than in the presence of the person purchasing all or any of the inner containers, and

( c ) from which without opening the container none of the inner containers can be removed.

(2) Where a package includes an outer container and one or more inner containers and both the outer container and the inner container, or, if there is more than one inner container, at least one of the inner containers, are marked with the quantity of their contents in units of weight or volume, the outer container shall be the relevant container for the purposes of section 8 (1) (b) of the Act except in the cases specified in paragraph (3) of this Regulation.

(3) ( a ) Where a package includes only one inner container and that container (with the goods it contains) would if, apart from this sub-paragraph, it were the relevant container, be a relevant package, then that container shall be the relevant container, and the outer container included in the package shall be disregarded for all purposes of the Act.

( b ) Where a package includes more than one inner container each of which could reasonably be regarded as being suitable for sale by retail as a separate item (whether or not they are intended for such sale), then each of the inner containers which is marked with the quantity of its contents in units of weight or volume shall be a relevant container, and the outer container shall be disregarded for all purposes of the Act.

(4) ( a ) Notwithstanding paragraph (3) of this Regulation, a container which is duly marked with the e-mark shall for the purposes of the Act not be disregarded.

( b ) The Minister may, by a direction in writing, provide that a package which is of a class or description specified in the direction (being a package described in paragraph (3) of this Regulation) shall not be regarded as coming within the exceptions mentioned in paragraph (2) of this Regulation, and in case the Minister gives a direction under this paragraph, then until the direction is withdrawn paragraph (2) of this Regulation shall apply as regards any relevant package which is of a class or description specified in the direction and it shall not be regarded as being a package described in paragraph (3) of this Regulation.

(5) Where a package includes more than one outer container, then, subject to paragraph (4) (a) of this Regulation, for the purposes of these Regulations all those outer containers other than that or those which are innermost shall be disregarded for the purposes of the Act.

5. All markings required by these Regulations to be expressed on a package shall be such as to be indelible, easily legible and visible on the package when it is bought or sold in the ordinary way.

6. (1) Subject to Regulation 8 of these Regulations, the nominal quantity expressed on a relevant package shall be expressed in the following units of weight or volume, namely kilograms, grams, litres, centilitres, or millilitres and shall be marked in figures of the minimum size which is appropriate having regard to the following Table:

TABLE

The figures used in pursuance of this paragraph shall be followed by either the symbol accepted internationally for the unit of measurement or by the name of the unit.

(2) The units of weight and volume set out in paragraph (1) of this Regulation are the prescribed units of weight and volume, but units of the imperial system may be used in conjunction with them, provided that--

( a ) markings in imperial units shall be in letters and figures of dimensions not larger than those of the corresponding markings in the aforesaid prescribed units, and

( b ) the positioning, colour and size of the letters and figures shall not be such as to make the imperial marking more prominent than the marking in the aforesaid prescribed units.

(3) The following are the conversion factors for calculating the imperial equivalents of the aforesaid prescribed units:

In the case of e-marked packages, these conversion factors must be used for the purposes of these Regulations. In calculating the imperial equivalent of a quantity expressed in a prescribed unit of weight or volume, the calculation shall be correct to three significant figures when the quantity is greater than 100g or 100ml. In other cases it shall be correct to two significant figures.

7. (1) Subject to Regulation 8 of these Regulations, all relevant packages made up in the State shall have--

( a ) expressed thereon the name and place of business of the packer, or

( b ) expressed thereon the name and place of business of the person who arranged for the package to be made up, or

( c ) a mark thereon to which an arrangement under section 10 (2) of the Act relates and which is applied pursuant to and in accordance with the arrangement.

(2) Subject to Regulation 8 of these Regulations, all relevant packages which are imported shall have--

( a ) expressed thereon the name and place of business in the State of the importer, or

( b ) expressed thereon the name and place of business of the packer, or

( c ) expressed thereon the name and place of business of the person who arranged for the package to be made up, or

( d ) a mark thereon to which an arrangement under section 10 (2) of the Act applies and which is applied pursuant to and in accordance with the arrangement.

8. (1) Regulations 6 and 7 of these Regulations shall not apply to a package which is a returnable glass bottle marked with embossed or fired-on markings and which is so marked before the 31st day of March, 1981.

(2) Regulation 7 of these Regulations shall not apply to a package made up by a retailer for sale either on the premises on which it was packed or from a van or other vehicle used by him.

(3) The Minister may exempt packages with a nominal quantity of 50g or 50ml or less from the requirements in Regulation 6 regarding minimum height of figures.

9. (1) The following mark is hereby prescribed for the purposes of section 11 of the Act, namely, the mark which consists of a small 'e', at least 3mm high, placed on a package in the same field of vision as the indication of nominal quantity and having the form and dimensions shown in the drawing in the First Schedule to these Regulations.

(2) The classes and descriptions of packages specified in the Second Schedule to these Regulations are hereby prescribed for the purposes of section 11 of the Act.

(3) A package which is not of a class or description specified in the Second Schedule to these Regulations or which is either a package described in Regulation 8 of these Regulations or a package to which an exemption under section 6 of the Act relates shall not be marked with the e-mark.

(4) A package shall not be marked with the e-mark unless it bears the particulars or mark indicated at (a), (b) or (c) of Regulation 7 (1) of these Regulations: provided however that if it has not been made up in a country which is a member state of the EEC it may bear, instead of those particulars or mark, the name and address of the person by whom it was first imported into any such member state from outside the said Community or a mark which would enable the competent authority in such member state to identify that person.

(5) A notice given to the Minister pursuant to section 11 (3) of the Act shall be in writing and shall be so given--

( a ) in case the person giving the notice is the packer of packages which are to be marked with the e-mark and which he intends to export from the State, not less than two weeks before the date on which it is proposed to make up the packages,

( b ) in any other case where notice is required by the said section 11 (3) to be given, not less than one week before the date on which it is intended to import the packages,

and such notice shall contain the information specified in Part I or II in the Third Schedule to these Regulations, as may be appropriate.

(6) An inspector may give to any person a notice providing that, until an inspector informs the person in writing that the notice is cancelled, none, or only such one or more as may be specified in the notice, of the following paragraphs, that is to say, paragraphs (a), (b) and (c) of section 11 (3) of the Act shall apply to him as respects packages of a kind specified in the notice or a place so specified.

(7) Where an inspector has given, and has not cancelled, a notice under paragraph (6) of this Regulation, paragraph (5) of this Regulation shall, as regards the person to whom the notice was given, be construed and have effect subject to the terms of the notice.

10. The equipment required by--

( a ) section 9 (3) (a) of the Act to be used in making-up relevant packages,

( b ) section 9 (3) (b) (and by section 9 (4) (a)) of the Act to be used in checks on such packages,

is the equipment specified in the Fourth Schedule to these Regulations.

11. (1) Subject to paragraph (2) of this Regulation, a check to be carried out to comply with the requirements of subsection (3) (b) or (4) (a) of section 9 of the Act--

( a ) by a person who makes up relevant packages,

( b ) by a person who is the importer of such packages,

shall be carried out before the packages leave the possession of that person.

(2) Where, to comply with the requirements of section 9 (4) (a) of the Act, a check is carried out on behalf of a person mentioned in paragraph (1) (b) of this Regulation by another person, the check shall be carried out before the relevant packages leave the the possession of that other person.

12. The period for which a record of a check carried out in pursuance of the requirements of section 9 (3) (b) or section 9 (4) (a) of the Act shall be kept shall be the period of one year beginning on the day on which the record is made.

13. (1) As regards relevant packages, the period within which documents containing the information specified in section 9 (4) (b) of the Act shall be obtained is the period during which the packages are in the possession of the importer concerned.

(2) The period for which documents referred to in paragraph (1) of this Regulation are to be retained in pursuance of section 9 (4) (b) of the Act shall be the period of one year beginning on the day on which the documents come into the possession of the importer concerned.

14. The provisions of the Packers' Manual specified in column (1) of the Table to this Regulation shall have effect for the purposes of determining questions as to the matters specified in column (2) of that Table opposite the mention in the said column (1) of the provision.

TABLE

15. Where an inspector as a result of the exercise of a power conferred on him by section 14 of the Act finds that a person has failed to perform a duty imposed on him by subsection (3) or (4) of section 9 of the Act. the inspector may give to the person a notice requiring him to take, within such period as may be specified in the notice (which period shall be a period of not less than twenty-one days beginning on the date of the notice), such steps as are necessary to ensure that the duty so imposed will thenceforth be performed.

16. (1) Subject to paragraph (3) of this Regulation, the following is the manner in which, for the purpose of Section 9 (1) of the Act, relevant packages are to be selected by an inspector for testing:

( a ) the group selected shall consist of packages all of which both have been made up in the same pre-determined constant quantity and contain the same goods, and

( b ) the number of packages in the group shall be:

(i) if the test is to be carried out on packages taken for that purpose from a packing line, the number of packages (being packages each of which, other than the first package, has been produced consecutively after another package in the group) which is equal to the number which would be produced in the course of a production run lasting for one hour if the rate of production were the same as that obtaining at the time when the group is selected, provided that in the case of a production run lasting for less than one hour, the group shall comprise all the packages produced in the course of that production run;

(ii) if the test is to be carried out on packages which have left the packing line, any number, not exceeding 10,000, being either packages selected from the same production run or packages partly selected from one production run and partly selected from a group which has previously been selected for testing from another production run but which failed the test.

(2) In this Regulation references, in relation to packages:

( a ) to a packing line are references to the stages in the process of making-up packages which occur between the time at which the goods to be made up are divided for the process (whether or not by means of machinery) and the time at which the packages, having been made up and brought together (whether or not by such means), are set aside for the purposes only of storage or distribution;

( b ) to a production run are references to the process whereby packages are made up in a particular, and in no other, place during a period in which the rate at which and the other conditions at or under which the packages are made up do not alter materially.

17. (1) Subject to paragraph (2) of this Regulation, the tests for the purposes of section 9 (1) of the Act shall be carried out in the manners described in Parts II and III of the Fifth Schedule to these Regulations.

(2) Where a test for the purposes of section 9 of the Act is to be carried out as regards a group of packages described in paragraph 16 (1) of the Fifth Schedule to these Regulations, the provisions contained in Part IV of the said Schedule shall apply as regards the test.

(3) A test specified in Part II of the Fifth Schedule to these Regulations, insofar as it is carried out for the purposes of determining whether or not the duty imposed by subsection (1) of section 9 of the Act, so far as it relates to the requirements of paragraph (a) of that subsection, has been complied with in relation to the group of packages being tested, shall not be completed unless an appropriate allowance is made for random deviations by applying the provisions of paragraph 11 (1) of the said Fifth Schedule in relation to the test.

(4) For the purposes of section 9 (1) (b) of the Act, the provisions of paragraphs 8 (2), 10 (a) and 14 of the Fifth Schedule to these Regulations shall be applied to determine the number of non-standard packages which is acceptable in relation to the number tested.

18. (1) For the purposes of section 9 (5) of the Act, the amount to which regard is to be had in determining whether or not a package is to be regarded as being non-standard shall be the amount (in this Regulation referred to as the "tolerable negative error") set out in the Table to this Regulation in relation to the nominal quantity expressed on the package.

(2) In calculating, in units of weight or volume, the amount of a tolerable negative error, where the error is to be taken as a percentage of nominal quantity, that amount shall be rounded up to the nearest one-tenth of a gram or millilitre, as may be appropriate.

TABLE.

19. The Weights and Measures Acts, 1878 to 1961, shall not, by reason only of the fact that a measure or measuring instrument described in paragraph 3 or 4 of the Fourth Schedule to these Regulations is used for or in connection with the discharge of a duty imposed by section 9 of the Act, be construed as requiring that measure or measuring instrument to be verified and stamped by an inspector of weights and measures.

20. (1) The following fees shall be charged for inspecting, testing and, where appropriate, certifying pursuant to the Act equipment, other than equipment which has been verified and stamped under the Weights and Measures Acts, 1878 to 1961, or which bears an acceptable EEC verification mark:

( a ) for liquid capacity measures, £2.40 per item;

( b ) for templets and other gauges, as described in paragraph 4 of the Fourth Schedule to these Regulations--

(i) where only one item is inspected, £5

(ii) where more than one item is inspected on the same occasion, £5 for the first item and £1 for each of the remaining items.

(2) The fees specified in the foregoing paragraph of this Regulation shall be payable whether or not the equipment tested passes the test.

21. Where a notice has been given pursuant to Regulation 15 of these Regulations and a further visit by an inspector is considered by the Minister to be necessary for the purpose of ascertaining whether or not the requirements of the notice have been complied with, fees shall be payable to the Minister by the person to whom the notice was given as follows:

( a ) for a visit the duration of which does not exceed one hour, £25,

( b ) for a visit the duration of which exceeds one hour, £25 for the first hour and £10 for each subsequent hour or part of a subsequent hour,

( c ) where the result of the further visit is unsatisfactory and the Minister considers second or more further visits to be necessary, fees at double the aforesaid rates shall be charged for the second further visit and treble fees shall be charged for a third or subsequent further visit provided that the maximum fee chargeable for any particular further visit shall be £500.

FIRST SCHEDULE

(See Regulation 9 (1))

Form and Dimensions of e-Mark

SECOND SCHEDULE.

(See Regulation 9 (2))

Packages which may be marked with the e-mark

Any package the nominal quantity of which is not less than 5g or 5ml and not more than 10kg or 10 litres, which is either

(1) a package to which Section 8 of the Act applies, or

(2) a package to which Section 8 of the Act would apply, were it not for sub-paragraph (c), (d) or (e) of Regulation 3.

THIRD SCHEDULE.

(See Regulation 9 (5)).

PART I.

Notice by packer pursuant to Section 11 (3) (a) of the Packaged Goods (Quantity Control) Act 1980 .

Packages to be marked with the e-mark and exported from the State.

1. Packer Name

Address

Place of packing

2. ( a ) Name of Goods shown on label

( b ) Name of Company shown on label

3. Nominal Quantity

4. Agent responsible for packing

(as marked on the label)

or

Code mark

5. Expected date(s) of packing

6. Number of packages to be e-marked

7. Has this product previously been e-marked for export?

8. Quantity checks

(Specify)

PART II.

Notice by importer pursuant to Section 11 (3) (b) or (c) of the Packaged Goods (Quantity Control) Act, 1980 .

Imported Packages to be re-exported, bearing the e-mark, to a place in another Member State of the EEC.

FOURTH SCHEDULE.

(see Regulation 10).

Equipment to be used in the Making-up or Checking of Packages.

1. Weighing equipment which has been verified and stamped under the Weights and Measures Acts, 1878 to 1961, or which bears the EEC mark of initial verification described in Schedule 1 to the European Communities (Measuring Instruments) Regulations, 1973 ( S.I. No. 67 of 1973 ) (other than equipment marked with the symbol in, accordance with Council Directive No. 73/360/EEC*).

*OJ No. L335, 5/12/73, p. 1, as amended by Commission Directive No. 76/696/EEC OJ No. L236, 27/8/76, p. 26.

2. A liquid capacity measure which has been verified and stamped under the Weights and Measures Acts, 1878 to 1961.

3. A liquid capacity measure which, because of its denomination does not qualify for verification and stamping under the Weights and Measures Acts, 1878 to 1961, but in respect of which the following provisions apply:--

( a ) it shall be made of clear glass which is substantially free from visible defects and well annealed;

( b ) it shall be marked with its nominal capacity and with scale marks which comply with the following requirements, that is to say:--

(i) the marks shall represent amounts (each being the same) above and below that nominal capacity, being amounts in millilitres equal to 1 x 10ⁿ, 2 x 10ⁿ or 5 X 10ⁿ, the index n being a positive or negative whole number or zero,

(ii) they shall include marks marked "T" and "2x 'T" respectively representing the amounts, expressed in units of volume, of the tolerable negative error and twice that error which, in relation to a measure of a particular nominal capacity, would fall to be determined in accordance with Regulation 18 above as that applicable in relation to a package of a nominal quantity equivalent to that capacity,

(iii) there shall be at least three scale marks representing amounts above the said nominal capacity,

(iv) there shall be at least two scale marks representing amounts between the said nominal capacity and the amount represented (in accordance with head (ii) above) by the scale mark "T",

(v) the scale mark which represents the lowest amount shall be such that that amount is equal to or less than the amount represented (in accordance with head (ii) above) by the scale mark "2 X T", and

(vi) the limit of error in excess of, or in deficiency in, any amount represented by any of the marks shall be two-fifths of the amount which is equal to the difference between the amounts represented by any two successive such marks;

( c ) that part of the measure which bears the scale marks shall be cylindrical in shape and shall have no undue variation in internal diameter or wall thickness;

( d ) the measure shall be so constructed that the addition or removal of an amount of liquid which corresponds to the quantity between two successive such scale marks (except where one of them is marked with the symbol "T" or "2 X T") would result in a change of at least 2 millimetres in the level of liquid in the measure;

( e ) the measure shall be marked with an identification number and with the name or trade mark of the person who made it; and

( f ) before the first occasion of its use, it shall have been inspected, tested and certified by an inspector of Weights and Measures as complying with the foregoing provisions of this paragraph.

4. Measuring container bottles (as defined by paragraph 16 (2) of Fifth Schedule) and other relevant measuring containers of the description set out in Article 1 of Council Directive No. 75/107/EEC* which conform with the provisions of Annex 1 of that Directive subject to the modifications specified in Section 9.3.1 of the Packers' Manual together (in the case of both such classes of equipment) with the following associated equipment:--

*OJ No. L42, 15/2/75, p. 14.

(1) a templet or other gauge for ascertaining the actual liquid level in a measuring container bottle in respect of which the following provisions apply:--

( a ) it shall be constructed in one of the three forms indicated in Figures 1, 2 and 3 set out at the end of this Schedule or in a form agreed in advance with the Minister;

( b ) it shall be made of a material of a stiffness sufficient to maintain its efficiency under normal conditions of use;

( c ) it shall be so constructed that it can give a measurement either by using it in relation to the naked brim of a container or in relation to a container provided with a closure if, in the latter case, the variation in thickness and positioning of the closure is such as to contribute not more than one millimetre in excess or in deficiency to the variability of measurement of the level of liquids in the container;

( d ) it shall be legibly and clearly marked with:--

(i) an appropriately denominated scale (corresponding to one of Figures 4, 5 and 6 set out at the end of this Schedule) of which one of the scale marks (shown in those Figures as "nominal quantity in millilitres") is such as to correspond to the nominal capacity indicated on the measuring container bottle with which the gauge is designed to be used,

(ii) a reference number or mark identifying the pattern or design of the measuring container bottle (including that of any closure appropriate to the use of the bottle in question) for which the gauge is designed to be used,

(iii) the operational temperature of the liquid and, if that temperature is other than 20ø Celsius, a description of the liquid for which the gauge is designed to be used and the thermal coefficient of cubical expansion by reference to which the gauge has been graduated, and

(iv) an identification number; and

( e ) before the first occasion of its use, it shall have been inspected, tested and certified by an inspector of Weights and Measures as complying with the foregoing provisions of this paragraph.

(2) a thermometer which complies (or purports to comply) with an appropriate International Standard Specification or with one of the following British Standard Specifications:

( a ) BS 5471: 1977 ("Thermometers for use with alcohol hydrometers") published on 31st March 1977, as amended by amendment slip No. 1, published on, and effective from, 30th March 1979 under the reference AMD 2788;

( b ) BS 593: 1974 ("Laboratory thermometers"), published on 29th November 1974;

( c ) BS 5074: 1974 ("Short and long solid-stem thermometers for precision use"), published on 29th November 1974.

Figures mentioned in paragraph 4 above

FIFTH SCHEDULE

(see Regulation 17).

Procedures for the Carrying-out of Tests by Inspectors.

PART I.

General.

Interpretation

1. (1) In this Schedule--

( a ) "actual contents", in relation to a package, means the quantity by weight or by volume of the goods contained in the package, that quantity being determined in the case of volume (except where the goods are frozen goods) either by measuring the contents when at a temperature of 20ø Celsius or by adjusting arithmetically the result of a measurement made at a different temperature to the volume which the contents would occupy if at a temperature of 20° Celsius;

( b ) "non-standard package" has the meaning assigned to it by section 9 (5) of the Act;

( c ) "reference test", in relation to a group of packages, means a test carried out on the group for the purposes of section 9 (1) of the Act, being the test prescribed by Regulation 17 above and carried out in accordance with the provisions of this Schedule, but does not include the level check and preliminary test mentioned in Part IV of this Schedule.

( d ) "sample", for the purposes of the reference tests prescribed in Part II of this Schedule and the level check and preliminary test specified in Part IV of this Schedule, means that portion of a group of packages specified (for the purposes of the test or check in question) in the Tables set out respectively in paragraphs 8, 10 and 11 of the said Part II and in paragraphs 16 and 17 of the said Part IV in relation to the number of packages in the group which is to be tested or, as the case may be, checked; and

( e ) "tolerable negative error" has the meaning assigned to it by Regulation 18 above.

(2) For the purposes of this Schedule--

( a ) testing, in relation to a reference test, is to be treated as destructive if, as a result of the test, the packages on which it is carried out cannot thereafter be used for the purpose for which they were made up, and references to non-destructive testing shall be construed accordingly; and

( b ) a reference test may be carried out by means of destructive or non-destructive testing, but destructive testing shall be carried out only in a case where it is impracticable to carry out non-destructive testing.

Methods of measurement

2. For the purpose of carrying out a reference test the actual contents of a package shall be measured directly by means of weighing instruments or volumetric measuring instruments or, in the case where the contents are liquid, indirectly by weighing the goods contained in the package and measuring their density, but whichever of these methods is used the error made in the measurement shall be such as not to exceed one-fifth of the tolerable negative error.

PART II.

Tests on groups of 100 or more packages.

Application of Part II

3. This Part of this Schedule applies to reference tests carried out on a group of 100 or more packages.

Scope of the test

4. (1) Subject to sub-paragraph (2) below, the test shall be carried out by taking a random sample from the group and shall be in two parts consisting of--

( a ) a check on the actual contents of each package in the sample (for the purposes of section 9 (1) (b) of the Act) to be carried out in accordance with the procedures described in paragraphs 7 and 8 or 9 and 10 below; and

( b ) a check on the average of the actual contents of the packages in the sample (for the purposes of section 9 (1) (a) of the Act) to be carried out in accordance with the procedure described in paragraph 11 below.

(2) A check under paragraph 8 below need not be carried out for the purpose of the test in a case where the inspector who is to carry out the test is satisfied that, by reason of the circumstances in which the packages are being or have been made up, it is unnecessary to carry out such a check for that purpose.

(3) The group shall be considered as acceptable for the purposes of section 9 (1) of the Act--

( a ) in a case where both of the checks mentioned in sub-paragraph ( 1) above are carried out, only if the results of both of the checks satisfy the acceptance criteria applicable to the case as indicated in the said paragraphs 7 to 11, and

( b ) in a case where a check under paragraph 8 below is not carried out, only if the result of the check carried out in accordance with the procedure described in paragraph 11 below satisfies the acceptance criteria indicated in that paragraph.

5. Subject to paragraph 1 (2) (b) above, each check mentioned in paragraph 4 (1 ) above shall be carried out either by applying a non-destructive sampling plan or a destructive sampling plan, as indicated in the Tables set out in paragraphs 8, 10 and 11 below.

Selection of sample in cases of non-destructive testing

6. Where a check mentioned in paragraph 8 below is to be carried out in addition to the check mentioned in paragraph 11 below, the sample taken for the purpose of the last-mentioned check shall consist of packages drawn at random from the packages in the sample taken for the purpose of the first-mentioned check.

The check on the actual contents of a package: non-destructive testing

7. Non-destructive testing shall be carried out in accordance with the sampling plan indicated in Table 1 below.

Sampling plan

8. (1) The number of packages checked shall be equal to the number in the sample, as indicated in Table 1 below.

(2) If the number of non-standard packages found in the sample is less than or equal to the acceptance criterion indicated in that Table, the group shall be considered as acceptable for the purpose of the check.

(3) If the number of non-standard packages found in the sample is equal to or greater than the rejection criterion there indicated, the group shall be rejected.

TABLE 1

Non-Destructive Test for Non-Standard Packages: Single Sampling Plan

The check on the actual contents of a package: destructive testing.

9. Destructive testing shall be carried out in accordance with the sampling plan indicated in Table 2 below.

10. The number of packages in the sample to be checked shall be 20 and--

( a ) if the number of non-standard packages found in the number checked is less than or equal to the acceptance criterion indicated in the said Table 2, the group shall be considered as acceptable for the purpose of the check;

( b ) if the number of non-standard packages found in the number checked is equal to or greater than the rejection criterion indicated in that Table, the group shall be rejected.

TABLE 2

Destructive Test for Non-Standard Packages

The check on the average actual contents of the packages: non-destructive and destructive testing.

11. (1) A group of packages shall be considered as acceptable for the purpose of the check if the average value, x (calculated by the method indicated in sub-paragraph (a) below), of the actual contents of n packages in a sample is not less than the value--

and otherwise the group shall be rejected.

In the above formula--

and if x_i is the measured value of the actual contents of the i-th package and n is the number of packages in the sample, then--

( a ) the average, x, of the measured values in the sample is obtained by the following calculation:--

i = n

i = 1

( b ) the estimated value of the standard deviation, s, is obtained by the following calculations:

(i) first by determining the sum of the squares of the measured values

(ii) then by determining the square of the sum of the measured values

(iii) then by dividing (2) by the number of packages in the sample

(iv) then by obtaining the corrected sum by subtracting (3) from (1)

(v) then by obtaining the value of the estimated variance by dividing the corrected sum by n - 1

(vi) Then by calculating the square root of the estimated variance to give the estimated value of the standard deviation, s,

(2) The criteria for the acceptance or rejection of a group of packages in the check are as set out in Tables 3 and 4 below.

TABLE 3

Non-Destructive Testing for Average Actual Contents

TABLE 4

Destructive Testing for Average Actual Contents

PART III.

Tests on groups of less than 100 packages.

Application of Part III

12. This part of this Schedule applies to reference tests carried out on a group of less than 100 packages.

Scope of the test

13. (1) The test shall be carried out on each package in the group and shall be in two parts consisting of--

( a ) a check on the actual contents of each package (for the purposes of section 9 (1) (b) of the Act) to be carried out in accordance with the procedure described in paragraph 14 below; and

( b ) a check on the average of the actual contents of the packages in the group (for the purposes of section 9 (1) (a) of the Act) to be carried out in accordance with the procedure described in paragraph 15 below.

(2) The group of packages shall be considered as acceptable for the purposes of section 9 (1) of the Act only if the results of both the checks mentioned in sub-paragraph (1 ) above satisfy the acceptance criteria applicable to the case as indicated in the said paragraphs 14 and 15.

The check on the actual contents of a package

14. If the number of non-standard packages found does not exceed 5% of the number of packages in the group, the group shall be considered as acceptable for the purpose of the check, and otherwise shall be rejected.

The check on the average actual contents of the packages

15. (1) The average of the measured values of the actual contents shall be determined by application of the formula set out in paragraph 11 (1) (a) above (in which, for that purpose, 'n' equals the number of packages in the group).

(2) If the average is equal to or greater than the nominal quantity of the packages in the group, the group shall be considered as acceptable for the purpose of the check, and otherwise shall be rejected.

PART IV.

Additional provision in relation to packages made up in measuring container bottles.

16. (1) This paragraph and paragraphs 17 to 19 below apply to a group of packages containing liquid goods where the number of containers in the group which are measuring container bottles is not less than 90% of all the containers in the group.

(2) For the purposes of the said paragraphs--

( a ) "measuring container bottle" means a container described in Article 1 of Council Directive No. 75/107/EEC which complies with the requirements of Annex 1 of that Directive and which is not marked with a statement of quantity different from the nominal capacity indicated on the container in accordance with those requirements;

( b ) "filling level" means the level marked on a templet in accordance with Paragraph 4 (1) (d) (i) of the Fourth Schedule, which indicates the nominal capacity indicated on the measuring container bottle in association with which the templet is designed to be used;

( c ) "templet" means a gauge for ascertaining the actual liquid level in a measuring container bottle, being a gauge which complies with the provisions of paragraph 4 of the Fourth Schedule; and

( d ) references to a level check shall be construed in accordance with sub-paragraph (3) below and reference to a preliminary test shall be construed in accordance with sub-paragraph (8) below.

(3) In this paragraph, references to a level check, in relation to a group of packages to which this paragraph applies, are references to a check carried out by an inspector for the purpose of ascertaining whether the level of the liquid contained in each of the packages in the group is at or above the filling level, being a check carried out--

( a ) on a sample taken from the group in accordance with sub-paragraph (4) or (5) below; and

( b ) by means of a templet.

(4) Where the number of packages in the group is 100 or more, the number of packages in a sample for the purposes of sub-paragraph (3) above--

( a ) in a case where the templet by means of which the check is to be carried out is suitable only for use on containers without closures, shall be 20; and

( b ) in any other case, shall be as indicated in the following Table--

(5) Where the number of packages in the group is less than 100, the number of packages in the sample shall be equal to the number of packages in the group.

(6) Subject to sub-paragraph (10) below, before carrying out a reference test on a group of packages to which this paragraph applies, a level check shall be carried out and if as a result of the check it is found that the liquid level of all the packages in the group is at or above the filling level a reference test shall not be carried out on that group.

(7) Where, as result of a level check carried out on a group of packages to which this paragraph applies, it is found that the liquid level of any of the packages in the group is not at or above the filling level, then, except in the case where the packages were made up by the use of equipment prescribed by Regulation 10 above, a preliminary test shall be carried out on the group before a reference test is carried out on it.

(8) In sub-paragraph (7) above, the reference to a preliminary test is a reference to a test carried out by an inspector on the group of packages in question--

(a) by means of templet; and

(b) in accordance with sub-paragraph (9) below,

and if as a result of the test it is found that the group is acceptable (as provided in that sub-paragraph) a reference test shall not be carried out on the group.

(9) For the purposes of a preliminary test mentioned in sub-paragraph (8) above--

( a ) in the case of a templet graduated in millilitre units--

(i) subject to (iii) below, where the templet by means of which the test is carried out is suitable only for use on containers without closures, the criteria indicated in Table 4 in paragraph 11 (2) above shall be applied for the purpose of determining whether the group would be considered as acceptable for the purpose of a check mentioned in paragraph 11 above, and for the purpose of the test the group shall be considered as acceptable if, by virtue of that application of the said criteria, it would be considered as acceptable for the purpose of such a check,

(ii) Subject to (iii) below, where the templet is suitable only for use on closed containers, the criteria indicated in Table 3 in paragraph 11 (2) above shall be applied for the purpose of determining whether the group would be considered as acceptable for the purpose of a check mentioned in the said paragraph 11 and for the purpose of the test the group shall be considered as acceptable if, by virtue of that application of the said criteria, it would be considered as acceptable for the purpose of such a check, and

(iii) where the number of packages in the group is less than 100 the criteria indicated in paragraph 15 (2) above shall be applied for the purpose of determining whether the group would be considered as acceptable for the purpose of the check mentioned in paragraphs 13 (1) (b) and 15 (1) above, and for the purpose of the test the group shall be considered as acceptable if, by virtue of that application of the said criteria, it would be considered as acceptable for the purpose of such a check; and

( b ) in the case of a templet graduated in millimetre units--

(i) subject to (iii) below, where the templet by means of which the test is carried out is suitable only for use on containers without closures, the criteria indicated in Table 6 below shall be applied for the purpose of determining whether the group would be considered as acceptable for the purpose of the test mentioned in paragraph 17 below,

(ii) subject to (iii) below, where the templet is suitable only for use on closed containers, the criteria indicated in Table 5 below shall be applied for the purpose of determining whether the group would be considered as acceptable for the purpose of the test mentioned in the said paragraph 17, and

(iii) where the number of packages in the group is less than 100 the criteria indicated in paragraph 19 (2) below shall be applied for the purpose of determining whether the group would be considered as acceptable for the purpose of the test mentioned in paragraph 18 below.

(10) Sub-paragraph (6) above shall not apply in a case where, in relation to a group of packages to which this paragraph applies, the packer or importer of the packages, or other person in possession of the group of packages to be tested, fails (at the request of the inspector who is to carry out the test) to provide or otherwise make available to him a templet for the purpose of enabling him to carry out a level check on that group and, in such a case, a reference test may be carried out on the group as if the foregoing provisions of this paragraph did not have effect.

(11) Where a reference test is carried out on a group of packages to which this paragraph applies and the group fails the test, the inspector who carried out the test shall furnish the packer or importer of the packages, or other person in possession of the group of packages to be tested, with a written statement containing particulars of the result of that test and of any level check or preliminary test carried out on the group by virtue of sub-paragraphs (6) and (7) above.

17. (1) This paragraph applies in relation to a preliminary test in a case where the number of packages in the group is 100 or more and the templet used for the test is one mentioned in paragraph 16 (9)(b) above.

(2) The group of packages shall be considered as acceptable for the purpose of the test if the average value, d, of the linear distances, d_i, between the brims of the measuring container bottles and the liquid levels, as measured by means of the templet, of n packages in the sample is not greater than the value--

and otherwise shall be rejected for that purpose.

In the above formula--

and the average, d, of the measured values in the sample, and the estimated standard deviation, s, shall be obtained in the manner described in paragraph 11 (1) above, d being substituted for x, and d_i being substituted for x_i, in the formulae set out in that sub-paragraph.

(3) The criteria for the acceptance or rejection of a group of packages in a preliminary test shall be as set out in Tables 5 and 6 below:

TABLE 5.

Non-destructive Test for Average Liquid level

TABLE 6.

Destructive Testing for Average Liquid Level

18. (1) This paragraph applies in relation to a preliminary test in a case where the number of packages in the group is less than 100.

(2) The test shall be carried out on each package in the group, shall consist of a check on the average of the actual linear distances between the brims of the measuring container bottles and the liquid levels as measured by means of the templet, and shall be carried out in accordance with the procedure described in paragraph 19 (1) below.

(3) The group of packages shall be considered as acceptable for the purpose of the test if the result satisfies the acceptance criteria indicated in paragraph 19 (2) below.

19. (1) The average value, d, of the actual linear distances between the brims of the measuring container bottles and the liquid levels, as measured by means of the templet, shall be determined by application of the method described in paragraph 17 (2) above except that, for the purpose of the test, 'n' equals the number of packages in the group.

(2) If the said average is equal to or less than the linear distance from the brim to the filling level, the group shall be considered as acceptable for the purpose of the preliminary test, and otherwise shall be rejected for that purpose.

GIVEN under the Official Seal of the Minister for Industry, Commerce and Tourism, this 27th day of January, 1981.

DESMOND O'MALLEY

Minister for Industry, Commerce and Tourism.

The Minister for Finance hereby consents to the making of the foregoing

Regulations in so far as they provide for the charging of fees.

GIVEN under the Official Seal of the Minister for Finance, this 27th day of January, 1981.

GENE FITZGERALD,

Minister for Finance.

EXPLANATORY NOTE.

These Regulations make provision for implementing the new system of quantity control (commonly known as "the average system") applicable to packaged goods on which the quantity of the contents is declared by weight or volume. The system is based on one set out in Council Directives No. 75/106/EEC (OJ No. L42, 15.2.1975, p. 1) and No. 76/211/EEC (OJ No. L46, 17.2.1976, p. 1), as amended. Provision for its introduction was made in the Packaged Goods (Quantity Control) Act, 1980 (No. 11 of 1980) under which the Regulations are made. The Regulations will give effect to the EEC Directives mentioned and will operate from the date on which the Act comes into force i.e. 1 April 1981.

Regulation 3 serves to modify Section 8 of the Act which describes the type of package to which the new quantity control system will apply. As a result of this modification the packages which will come within the scope of the system are those which

(1) have been made up otherwise than in the presence of the purchaser and in such a manner that none of the contents of any package can be removed without opening the package,

(2) have been made up in a predetermined constant quantity (commonly called "standard" packages), and

(3) are marked with the quantity of the contents in units of weight or volume, within the range 5g to 55kg or 5ml to 55L.

Paragraphs (c), (d) and (e) of Regulation 3 exclude specifically three types of packages unless they are marked with the "e-mark" provided for in the EEC Directives mentioned above. These are packages containing goods for further processing, packages for export and packages containing paint which consists of a base paint and a colouriser. In the case of packages for export, however, a packer may opt to come within the system should he so desire.

Regulation 4 lays down the rules for dealing with cases in which a package includes more than one quantity-marked container i.e. packages within packages. In such a case, the "package" for the purposes of the system will be the one in the "relevant" container and the other container or containers will be ignored.

Regulations 5 to 9 deal with markings and inscriptions on packages. The marking of quantity must be in the prescribed units of weight or volume and in figures of a prescribed minimum height and the packages must bear the name and address of the packer or importer or an identifying code to enable their source to be traced. Regulation 9, taken in conjunction with the First, Second and Third Schedules, prescribes the "e-mark", the circumstances in which it may be used and the notice which must, in certain circumstances, be given by a person proposing to use it.

Regulation 10 and the Fourth Schedule prescribe the equipment to be used by a packer in making up packages or, if he uses other types of equipment in making them up, in checking a proportion of his production. Equipment of the prescribed type must also be used by importers in checking imported packages, unless satisfactory documentation is available to prove that they have been correctly made-up.

Regulations 11 to 16 deal with the checks to be carried out by packers or importers, the records to be kept of such checks and the issue of instructions by Inspectors. For the purpose of deciding questions as to suitability and manner of use of prescribed equipment, adequacy of checks and records and adequacy of information obtained by an importer, effect is given by Regulation 14 to certain sections of the Guidance Manual for Packers and Importers which has been approved by the Minister and is issued simultaneously with the Regulations.

The Inspector's "reference test" is prescribed by regulation 17 and is described in the Fifth Schedule. For the purposes of this test, a proportion of the packages in each batch are permitted to contain slightly less than the nominal quantity declared (provided, of course, that the average is correct). The amount of deficiency permitted (known as the "tolerable negative error") varies according to the weight or volume of the package and is prescribed by Regulation 18.

Regulations 20 and 21 prescribe the fees payable under the Act.