Jersey Law 15/1967

 

“WEIGHTS AND MEASURES (JERSEY) LAW, 1967”,

 

CONFIRMÉ PAR

 

Ordre de Sa Majesté en Conseil

 

en date du 28 juin 1967.

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(Enregistré le 28 juillet 1967).

 

ARRANGEMENT OF ARTICLES.
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Article
	PART I
	PRELIMINARY
1.	Interpretation
2.	Appointment of inspectors etc.
3.	Performance by inspectors of additional functions
4.	Inspectors’ fees
5.	Offences in connexion with office of inspector
6.	General administrative orders
	PART II
	UNITS AND STANDARDS OF MEASUREMENT
7.	Units of measurement
8.	Jersey Standards
9.	Working standards and testing and stamping equipment
	PART III
	WEIGHING AND MEASURING FOR TRADE
10.	Meaning of “use for trade”
11.	Units of measurement, weights and measures lawful for use for trade
12.	Weighing or measuring equipment for use for trade
13.	Orders relating to weighing or measuring for trade
14.	Offences in connexion with stamping of equipment
15.	Other offences in connexion with equipment
16.	Evidence of possession of equipment for use for trade
	PART IV
	PUBLIC WEIGHING OR MEASURING EQUIPMENT
17.	Keepers of public equipment to hold certificate
18.	Provision of public equipment by Committee
19.	Offences in connexion with public equipment
	PART V
	REGULATION OF CERTAIN TRANSACTIONS IN GOODS
20.	Transactions in particular goods
21.	Offences in transactions in particular goods
22.	Quantity to be stated in writing in certain cases
23.	Short weight etc.
24.	Pleading of warranty as defence
25.	Additional defences and safeguards for traders
26.	Offences due to default of third person
27.	Offences originating in certain countries outside the Island
28.	Special powers of inspector with respect to certain goods
29.	Powers of inspector with respect to certain documents
30.	Check-weighing of certain vehicles
31.	Power to make test purchases
32.	Selling by quantity, making quantity known, and weighing in presence
	PART VI
	MISCELLANEOUS AND GENERAL
33.	General powers of inspection and entry
34.	Obstruction of inspectors
35.	Offences by corporations
36.	Prosecution of offences
37.	Penalties
38.	General provisions as to orders
39.	Savings
40.	Repeals
41.	Short title and commencement
First Schedule – definitions of units of measurement.
Part I		– measurement of length
Part II		– measurement of area
Part III		– measurement of volume
Part IV		– measurement of capacity
Part V		– measurement of mass or weight
Part VI		– measurement of electricity
Second Schedule – measures and weights lawful for use for trade.
Part I		– linear measures
Part II		– square measures
Part III		– cubic measures
Part IV		– capacity measures
Part V		– weights
Third Schedule – foods
Part I		– meat and food containing meat
Part II		– fish, poultry and sausage-meat
Part III		– cheese
Part IV		– bread
Part V		– milk
Part VI		– intoxicating liquor
Part VII		– fresh fruit and vegetables
Part VIII		– miscellaneous foods to be sold by or marked with net weight and to be pre-packed only in fixed quantities
Part IX		– miscellaneous foods to be pre-packed only when marked with net weight and in fixed quantities and to be otherwise sold by net weight or gross weight
Part X		– miscellaneous foods to be marked when pre-packed with quantity by number
Part XI		– other pre-packed foods
Part XII		– tables of permitted weights for containers
Fourth Schedule – ballast
Part I		– general provisions
Part II		– carriage of ballast by road
Fifth Schedule – solid fuel
Part I		– general
Part II		– carriage of solid fuel by road
Sixth Schedule – miscellaneous goods other than foods
Part I		– liquid fuel and lubricants
Part II		– ready-mixed cement mortar and ready-mixed concrete
Part III		– agricultural liming materials, agricultural salt and inorganic fertilisers
Part IV		– wood fuel
Part V		– perfumery and toilet preparations
Part VI		– soap
Part VII		– miscellaneous goods to be sold by or marked with length
Part VIII		– miscellaneous goods to be sold by or marked with net weight
Part IX		– miscellaneous goods to be marked when pre-packed with net weight
Part X		– miscellaneous goods to be sold by or marked with capacity measurement
Part XI		– miscellaneous goods to be marked when pre-packed with capacity measurement
Part XII		– miscellaneous goods to be sold by or marked with net weight or capacity measurement
Part XIII		– miscellaneous goods to be marked when pre-packed with quantity by number
Seventh Schedule – composite goods and collections of articles
Eighth Schedule – enactments repealed

 

WEIGHTS AND MEASURES (JERSEY) LAW, 1967.

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A LAW     to make provision with respect to weights and measures and for connected purposes, sanctioned by Order of Her Majesty in Council of the

 

28th day of JUNE. 1967.

____________

 

(Registered on the 28th day of July, 1967).

____________

 

STATES OF JERSEY.

____________

 

The 14th day of March, 1967.

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THE STATES, subject to the sanction of Her Most Excellent Majesty in Council, have adopted the following Law:  -

PART I

PRELIMINARY

ARTICLE 1

INTERPRETATION

(1)           In this Law, unless the context otherwise requires –

“approved pattern” means a pattern of weighing or measuring equipment in respect of which there is for the time being in force a certificate of approval issued by the Board of Trade under section 12 of the Weights and Measures Act, 1963 (C. 31);

“capacity measurement” means measurement in terms of a unit of measurement included in Part IV of the First Schedule to this Law;

“check-weighed”, in relation to any vehicle, means weighed with its load by means of the nearest suitable and available weighing equipment, and weighed again after it has been unloaded by means of the same or other suitable weighing equipment;

“the Committee” means the Public Works Committee;

“constructional use”, in relation to any goods, means the use of those goods in constructional work (or, if the goods are explosives, in mining, quarrying or demolition work) in the course of the carrying on of a business;

“container” includes any form of packaging of goods for sale as a single item, whether by way of wholly or partly enclosing the goods or by way of attaching the goods to, or winding the goods round, some other article, and in particular includes a wrapper or confining band;

“contravention”, in relation to any requirement, includes a failure to comply with that requirement, and cognate expressions shall be construed accordingly;

“designated country” in any provision of this Law means such, if any, of the following countries, that is to say, Northern Ireland, any of the other Channel Islands and the Isle of Man, as the Committee, having regard to the Law for the time being in force in that country, thinks it proper to designate for the purposes of that provision by order; and any such order may be varied or revoked by the Committee by a subsequent order;

“drugs” include medicine for internal or external use;

“enactment” includes any enactment of the Parliament of the United Kingdom;

“food” includes drink, chewing gum and other products of a like nature and use, and articles and substances used as ingredients in the preparation of food and drink or of such products, but does not include –

(a)     water or live animals;

(b)     fodder or feeding stuffs for animals; or

(c)     articles or substances used only as drugs;

“gross weight”, in relation to any goods, means the aggregate weight of the goods and any container in or on which they are made up;

“indication of quantity”, in relation to any container in or on which goods are made up, means a statement in writing to the effect that those goods are of, or of not less than, a specified quantity by net weight, gross weight or other measurement or by number, as the case may require;

“industrial use”, in relation to any goods, means the use of those goods in the manufacture of, or for incorporation in, goods of a different description in the course of the carrying on of a business;

“inspector” means the Chief Inspector, the Deputy Chief Inspector of Weights and Measures and any inspector of weights and measures appointed under Article 2 of this Law;

“international definition”, in relation to any unit of measurement, means the definition of that unit recognised by the General Conferences of Weights and Measures from time to time convened by the International Bureau of Weights and Measures;

“intoxicating liquor” has the same meaning as in the Licensing (Jersey) Law, 1950;1

“mark” includes label;

“occupier”, in relation to any stall, vehicle, ship or aircraft or in relation to the use of any place for any purpose, means the person for the time being in charge of the stall, vehicle, ship or aircraft or, as the case may be, the person for the time being using that place for that purpose;

“order” means an order made under this Law;

“premises”, except in paragraph (3) of Article 32 of this Law, includes any place and any stall, vehicle, ship or aircraft;

“pre-packed” means made up in advance ready for retail sale in or on a container; and on any premises where articles of any description are so made up, or are kept or stored for sale after being so made up, any article of that description found made up in or on a container shall be deemed to be pre-packed unless the contrary is proved; and it shall not be sufficient proof of the contrary to show that the container has not been marked in accordance with the requirements of this Law or any order made thereunder with respect to the pre-packing of such articles;

“prescribed” means prescribed by order;

“ship” includes any boat and any other description of vessel used in navigation;

“stamp” means a mark for use as evidence of the passing of weighing or measuring equipment as fit for use for trade, whether applied by impressing, casting, engraving, etching, branding, or otherwise howsoever, and cognate expressions shall be construed accordingly;

“testing equipment” means testing equipment maintained under Article 9 of this Law;

“Jersey Standard” means a standard maintained under Article 8 of this Law;

“weighing or measuring equipment” means equipment for measuring in terms of length, area, volume, capacity, weight or number, whether or not the equipment is constructed to give an indication of the measurement made or other information determined by reference to that measurement;

“working standard” means a standard maintained under Article 9 of this Law;

(2)           References in this Law to any enactment shall be construed as references to that enactment as amended by any other enactment.

ARTICLE 2

APPOINTMENT OF INSPECTORS ETC

(1)           There shall be appointed a Chief Inspector of Weights and Measures (in this Law referred to as “the Chief Inspector”), a Deputy Chief Inspector of Weights and Measures, such other inspectors of weights and measures and such other officers (all of whom shall be officers within the meaning of the Civil Service Administration (Jersey) Law, 19532) and such other persons as may be necessary to exercise the powers conferred and perform the duties imposed on them respectively by or under this Law or any other enactment, and to perform such other duties as the Committee may from time to time impose on them.

(2)           In the event of the absence from duty of the Chief Inspector either by reason of illness or for any other cause, or in the event of a vacancy in the office of Chief Inspector, the duties imposed and the powers conferred on the Chief Inspector shall be exercised by the Deputy Chief Inspector.

(3)           The Chief Inspector shall be responsible to the Committee for the custody and maintenance of the Jersey standards, working standards and the testing and stamping equipment provided under this Law.

(4)           The Committee may make such arrangements as it thinks fit for the purpose of ascertaining whether persons possess sufficient skill and knowledge for the proper performance of the powers and duties of an inspector and for the grant of certificates of qualification to persons who satisfy the Committee they are suitable for appointment as an inspector.

ARTICLE 3

PERFORMANCE BY INSPECTORS OF ADDITIONAL FUNCTIONS

Without prejudice to the powers and duties of the Committee or inspectors under any other provision of this Law, the Committee may make arrangements whereby an inspector may, at the request of any person and subject to payment by that person of such fee, if any, as the Committee may think fit, carry out –

(a)     a weighing or other measurement of any goods submitted for the purpose by that person at such place as the Committee may direct or approve and submit a report thereon to that person;

(b)     a test of the accuracy of any weighing or measuring equipment so submitted and submit a report thereon to that person;

(c)     an adjustment of weights or measures, but not of other weighing or measuring equipment.

ARTICLE 4

INSPECTORS’ FEES

No discount, commission or rebate of any kind in respect of any fees chargeable by an inspector shall be given, nor any allowance made, by the Committee or any inspector for assistance rendered by any person, whether by way of permitting the use of premises, tools, machinery or instruments or otherwise howsoever, in the inspection, testing or stamping of weighing or measuring equipment except where that assistance is rendered by a manufacturer of such equipment, in which case such adequate and reasonable allowance may be made as the Committee decides.

ARTICLE 5

OFFENCES IN CONNEXION WITH OFFICE OF INSPECTOR

(1)           Any inspector who –

(a)     stamps any weighing or measuring equipment in contravention of any provision of this Law or of any instrument made thereunder or without duly testing it; or

(b)     derives any profit or is employed in, the making, adjusting or selling of weighing or measuring equipment; or

(c)     knowingly commits any breach of any duty imposed on him by or under this Law or otherwise misconducts himself in the execution of his office;

shall be guilty of an offence.

(2)           If any person who is not an inspector acts or purports to act as an inspector he shall be guilty of an offence.

ARTICLE 6

GENERAL ADMINISTRATIVE ORDERS

The Committee may make orders with respect to the manner of the performance by inspectors of their functions under this Law.

PART II

UNITS AND STANDARDS OF MEASUREMENT

ARTICLE 7

UNITS OF MEASUREMENT

(1)           The yard or the metre shall be the unit of measurement of length and the pound or the kilogramme shall be the unit of measurement of mass by reference to which any measurement involving a measurement of length or mass shall be made in the Island; and

(a)     the yard shall be 0.9144 metre exactly;

(b)     the pound shall be 0.453 592 37 kilogramme exactly.

(2)           The First Schedule to this Law shall have effect for defining for the purposes of measurements falling to be made in the Island the units of measurement set out in that Schedule; and for the purposes of any measurement of weight falling to be so made, the weight of any thing may be expressed, by reference to the units of measurement set out in Part V of that Schedule, in the same terms as its mass.

ARTICLE 8

JERSEY STANDARDS

(1)           The Committee shall provide and maintain standards (in this Law referred to as “Jersey Standards”) of such measures and weights set out in the Second Schedule to this Law as may from time to time be required as being proper and sufficient for the purposes of this Law.

(2)           Jersey Standards shall be provided and replaced by the Committee from time to time as may be necessary or expedient and shall be of a material and form approved by the Board of Trade of the United Kingdom and shall be kept at premises approved for the purpose by the Committee; and a Jersey Standard of any linear or capacity measure may –

(a)     be provided either as a separate standard or by means of divisions marked on a standard of a larger measure ; and

(b)     either be marked in whole or in part with subdivisions representing any smaller unit of measurement or multiples or fractions of such a unit or have no such markings ;

as the Committee may from time to time direct.

(3)           No article shall be used as a Jersey Standard unless there is for the time being in force a certificate of its fitness for the purpose issued by the Board of Trade.

(4)           The Committee shall, from time to time as it deems necessary, cause any Jersey Standard to be submitted to the Board of Trade to have its value or values determined or redetermined by comparison with the appropriate standard of the United Kingdom.

(5)           Any Jersey Standard lawfully in use before the date of the coming into force of this Article shall be deemed for the purposes of this Law to be a Jersey Standard provided under this Article.

ARTICLE 9

WORKING STANDARDS AND TESTING AND STAMPING EQUIPMENT

(1)           The Committee shall provide for use by the inspectors, and maintain or from time to time replace, such standards (in this Law referred to as “working standards”) of such measures and weights set out in the Second Schedule to this Law and such testing equipment and such stamping equipment as may from time to time appear to the Committee to be required for the efficient discharge by the inspectors of their duties.

(2)           Working standards and testing and stamping equipment provided under paragraph (1) of this Article, shall be of material and form approved by the Board of Trade of the United Kingdom and, except so far as may be necessary for the purposes of their use elsewhere, shall be kept at premises approved for the purpose by the Committee ; and a working standard of a linear or capacity measure shall –

(a)     be provided either as a separate standard or by means of divisions marked on a standard of a larger measure ; and

(b)     either be marked in whole or in part with subdivisions representing any smaller unit of measurement or multiples or fractions of such a unit or have no such markings ;

as the Committee may from time to time direct.

(3)           The Committee shall by order make provision –

(a)     for working standards to be tested from time to time by comparison with, and if necessary adjusted to within such limits of error as may be specified in the order, by reference to the Jersey Standards, or other working standards more recently tested ;

(b)     with respect to the testing, adjustment and limits of error of testing equipment provided under paragraph (1) of this Article ;

and no article shall be used by an inspector as a working standard or as such testing equipment unless the relevant requirements of any order are for the time being satisfied with respect thereto.

(4)           Any working standard or testing or stamping equipment, lawfully in use by an inspector immediately before the date of the coming into force of this Article shall be deemed for the purposes of this Law to have been provided under paragraph (1) of this Article.

PART III

WEIGHING AND MEASURING FOR TRADE

ARTICLE 10

MEANING OF “USE FOR TRADE”

(1)           For the purposes of this Law, the expression “use for trade” means, subject to paragraph (2) of this Article, use in the Island in connexion with, or with a view to, a transaction for –

(a)     the transferring or rendering of money or money’s worth in consideration of money or money’s worth ; or

(b)     the making of a payment in respect of any toll or duty ;

where –

(i)      the transaction is by reference to quantity or is a transaction for the purposes of which there is made or implied a statement of the quantity of goods to which the transaction relates ; and

(ii)     the use is for the purpose of the determination or statement of that quantity.

(2)           Paragraph (1) of this Article shall not apply where –

(a)     the determination or statement is a determination or statement of the quantity of goods required for despatch to a destination outside the Island, Great Britain and any designated country ; and

(b)     the transaction is not a sale by retail ; and

(c)     no transfer or rendering of money or money’s worth is involved other than the passing of the title to the goods and the consideration therefor.

(3)           Any such equipment as follows, that is to say –

(a)     any weighing or measuring equipment which is made available in the Island for use by the public, whether on payment or otherwise ; and

(b)     any equipment which is used in the Island for the grading by reference to their weight, for the purposes of trading transactions by reference to that grading, of hens’ eggs in shell which are intended for human consumption ;

shall be treated for the purposes of this Part of this Law as weighing or measuring equipment in use for trade, whether or not it would apart from this paragraph be so treated.

ARTICLE 11

UNITS OF MEASUREMENT, WEIGHTS AND MEASURES LAWFUL FOR USE FOR TRADE

(1)           Subject to paragraph (1) of Article 39 of this Law, no person shall –

(a)     use for trade any unit of measurement of length, area, volume, capacity, mass or weight which is not included in the First Schedule to this Law ;

(b)     use for trade, or have in his possession for use for trade, any linear, square, cubic or capacity measure which is not included in the Second Schedule to this Law or any weight which is not so included.

(2)           No person shall use the carat (metric) for trade except for the purposes of transactions in precious stones or pearls ; and no person shall use the ounce troy for trade except for the purposes of transactions in, or in articles made from, gold, silver or other precious metals, including transactions in gold or silver thread, lace or fringe.

(3)           Without prejudice to paragraph (10) of this Article, no person shall use the ounce apothecaries, drachm, scruple, fluid drachm or minim for trade otherwise than for the purposes of transactions in drugs.

(4)           No person shall use the “vergée”, “perche”, “pied de perche”, “perche carré” or “pied de perche carré” for trade otherwise than for the purposes of transactions in land.

(5)           Save as may be prescribed and subject to any order made under Article 13 of this Law –

(a)     a linear measure specified in Part I of the Second Schedule to this Law may be marked in whole or in part with divisions and subdivisions representing any shorter length or lengths ;

(b)     no capacity measure specified in Part IV of the said Second Schedule shall be used for trade by means of any division or subdivision marked thereon as a capacity measure of any lesser quantity.

(6)           Any person who contravenes any of the foregoing provisions of this Article shall be guilty of an offence, and any measure or weight used, or in any persons’ possession for use, in contravention of any of those provisions shall be liable to be forfeited.

(7)           The Committee may prescribe what may be treated for the purposes of use for trade as the equivalent of, or of any multiple or fraction of, any unit of measurement included in the First Schedule to this Law in terms of any other such unit.

(8)           Sub-paragraph (a) of paragraph (1) of this Article shall not apply to the prescribing of, or the dispensing of a prescription for, drugs, and nothing in any order under paragraph (7) of this Article shall apply to any transaction in drugs ; but the Committee after consultation with the Public Health Committee may make an order which shall have effect notwithstanding anything in, or in any instrument made under, any other enactment and which may –

(a)     prescribe what may be treated for the purposes of dealings with drugs as the equivalent of, or of any multiple or fraction of, any unit of measurement which is or at the date of commencement of this Article was included in the First Schedule to this Law in terms of any other such unit ;

(b)     require that any person carrying out any such dealing with drugs as is specified in the order for the purposes of which the quantity of the drugs is expressed in terms of any such unit as aforesaid which is so specified shall carry out that dealing in terms of such equivalent quantity prescribed under sub-paragraph (a) of this paragraph as is so specified.

(9)           So much of the Schedules to this Law as relates to the pennyweight, that is to say –

(a)     in the First Schedule, paragraph 3 of Part V ;

(b)     in the Second Schedule, paragraph 4 of Part V ;

shall cease to have effect as from the thirty-first day of January, 1969.

(10)         The following provisions of the Schedules to this Law, being provisions relating to apothecaries weight or measure, that is to say –

(a)     in the First Schedule, paragraph 2 of Part IV and paragraph 4 of part V ;

(b)     in the Second Schedule, paragraph 2 of Part IV and paragraph 3 of Part V ;

shall cease to have effect on such date not earlier than the said thirty-first day of January, 1969, as the Committee may by order appoint ; and different days may be appointed with respect to such of those provisions as relate to apothecaries weight and apothecaries measure respectively.

(11)         The Committee may from time to time by order further amend the First or Second Schedule to this Law –

(a)     by adding to or removing from any of Parts I to V of the said First Schedule any unit of measurement of length, of area, of volume, of capacity, or of mass or weight, as the case may be ;

(b)     by adding to or removing from any of Parts I to IV of the said Second Schedule any linear, square, cubic or capacity measure, as the case may be, or by adding to or removing from Part V of the said Second Schedule any weight ;

but the Committee shall not so exercise its powers under this paragraph as to cause the exclusion from use for trade of imperial in favour of metric units of measurement, weights and measures.

ARTICLE 12

WEIGHING OR MEASURING EQUIPMENT FOR USE FOR TRADE

(1)           The provisions of this Article shall apply to the use for trade of weighing or measuring equipment of such classes or descriptions as may be prescribed.

(2)           No person shall use any article for trade as equipment to which this Article applies, or have any article in his possession for such use, unless that article, or equipment to which this Article applies in which that article is incorporated or to the operation of which the use of that article is incidental, has been passed by an inspector as fit for such use and, except as otherwise expressly provided by or under this Law, bears a stamp indicating that it has been so passed which remains undefaced otherwise than by reason of fair wear and tear ; and if any person contravenes this paragraph, he shall be guilty of an offence and any article in respect of which the offence was committed shall be liable to be forfeited.

(3)           Any person requiring any equipment to which this Article applies to be passed as fit for use for trade shall submit the equipment to an inspector in such manner as the inspector may direct and, subject to the provisions of this Law and of any order made under Article 13 thereof and to the payment by that person of the prescribed fee, the inspector shall –

(a)     test the equipment by means of such working standards and testing equipment as he considers appropriate or, subject to any conditions which may be prescribed, by means of other equipment which has already been tested and which the inspector considers suitable for the purpose ; and

(b)     if the equipment submitted falls within the prescribed limits of error, give to the person submitting it a statement in writing to the effect that it is passed as aforesaid ; and

(c)     except as otherwise expressly provided by or under this Law, cause it to be stamped with the prescribed stamp ;

and each inspector shall keep a record of every such test carried out by him :

Provided that, except as otherwise expressly provided by or under this Law, no weight or measure shall be stamped as mentioned in sub-paragraph (c) of this paragraph unless it has been marked in the prescribed manner with its purported value.

(4)           Where any equipment submitted to an inspector under paragraph (3) of this Article is of an approved pattern the inspector shall not refuse to pass or stamp the equipment on the ground that it is not suitable for use for trade :

Provided that if the inspector is of opinion that the equipment is intended for use for trade for a particular purpose for which it is not suitable, he may refuse to pass or stamp it until the matter has been referred to the Committee, and the Committee’s decision thereon shall be final.

(5)           The requirements of paragraphs (2) and (3) of this Article with respect to stamping and marking shall not apply to any weight or measure which is too small to be stamped or marked in accordance with those requirements.

(6)           In the case of any equipment which is required by an order made under Article 13 of this Law to be passed and stamped under this Article only after it has been installed at the place where it is to be used for trade, if after the equipment has been so passed and stamped it is dismantled and reinstalled, whether in the same or some other place, it shall not be used for trade after being so reinstalled until it has been retested by an inspector; and if any person knowingly uses that equipment in contravention of this paragraph, or knowingly causes or permits any other person so to use it, or knowing that the equipment is required by virtue of this paragraph to be retested disposes of it to some other person without informing him of that requirement, he shall be guilty of an offence and the equipment shall be liable to be forfeited.

(7)           Any equipment to which this Article applies duly stamped in accordance with the law of Great Britain, or treated for the purposes of that law as if duly stamped in accordance therewith, shall be treated for the purposes of this Law as if it had been duly stamped in the Island under this Article.

(8)           If at any time the States are satisfied that, having regard to the law for the time being in force in Northern Ireland, any of the other Channel Islands or the Isle of Man, it is proper so to do, they may by Act provide for any equipment to which this Article applies duly stamped in accordance with that law, or treated for the purposes of that law as if duly stamped in accordance therewith, to be treated for the purposes of this Law as if it had been duly stamped in the Island under this Article.

ARTICLE 13

ORDERS RELATING TO WEIGHING OR MEASURING FOR TRADE

(1)           The Committee may make orders with respect to –

(a)     the materials and principles of construction of weighing or measuring equipment for use for trade;

(b)     the inspection, testing, passing as fit for use for trade and stamping of such equipment, including –

(i)      the prohibition of the stamping of such equipment in such circumstances as may be specified in the order;

(ii)     the circumstances in which an inspector may remove or detain any such equipment for inspection or testing;

(iii)    the marking of any such equipment found unfit for use for trade;

(c)     the circumstances in which, conditions under which and manner in which stamps may be obliterated or defaced;

(d)     the purposes for which particular types of weighing or measuring equipment may be used for trade;

(e)     the manner of erection or use of weighing or measuring equipment used for trade;

(f)      the abbreviations of or symbols for units of measurement which may be used for trade;

(g)     the manner in which the tare weight of road vehicles, or of road vehicles of any particular class or description, is to be determined;

and, subject to paragraph (2) of this Article, if any person contravenes any order made by virtue of sub-paragraph (d), (e), (f) or (g) of this paragraph, he shall be guilty of an offence, and any weighing or measuring equipment in respect of which the contravention was committed shall be liable to be forfeited.

(2)           Where in the special circumstances of any particular case it appears to be impracticable or unnecessary that any requirement of any order made under this Article should be complied with, the Committee may if it thinks fit dispense with the observance of that requirement subject to compliance with such conditions, if any, as it thinks fit to impose; and if any person knowingly contravenes any condition imposed with respect to any equipment by virtue of this paragraph he shall be guilty of an offence and the equipment shall be liable to be forfeited.

ARTICLE 14

OFFENCES IN CONNEXION WITH STAMPING OF EQUIPMENT

(1)           Any person who in the case of any weighing or measuring equipment used or intended to be used for trade –

(a)     not being an inspector or a person acting under the instructions of an inspector, marks in any manner any plug or seal used or designed for use for the reception of a stamp; or

(b)     forges, counterfeits or, except as permitted by or under this Law, in any way alters or defaces any stamp; or

(c)     removes any stamp and inserts it into any other such equipment; or

(d)     makes any alteration in the equipment after it has been stamped such as to make it false or unjust;

shall be guilty of an offence:

Provided that sub-paragraphs (a) and (b) of this paragraph shall not apply to the destruction or obliteration of any stamp, plug or seal in the course of the adjustment or repair of weighing or measuring equipment by, or by the duly authorized agent of, a person who is a manufacturer of, or regularly engaged in the business of repairing, such equipment.

(2)           Any person who uses for trade, sells, or exposes or offers for sale any weighing or measuring equipment which to his knowledge –

(a)     bears a stamp which is a forgery or counterfeit, or which has been transferred from other equipment, or which has been altered or defaced otherwise than as permitted by or under this Law; or

(b)     is false or unjust as the result of an alteration made in the equipment after it has been stamped;

shall be guilty of an offence.

(3)           Any weighing or measuring equipment in respect of which an offence under this Article is committed, and any stamp or stamping implement used in the commission of the offence, shall be liable to be forfeited.

ARTICLE 15

OTHER OFFENCES IN CONNEXION WITH EQUIPMENT

(1)           If any person uses for trade or has in his possession for use for trade, any weighing or measuring equipment which is false or unjust, he shall be guilty of an offence and the equipment shall be liable to be forfeited.

(2)           Without prejudice to the liability of any equipment to be forfeited, it shall be a defence for any person charged with an offence under paragraph (1) of this Article in respect of the use for trade of any equipment to show –

(a)     that he used the equipment only in the course of his employment by some other person; and

(b)     that he neither knew, nor might reasonably have been expected to know, nor had any reason to suspect, the equipment to be false or unjust.

(3)           If any fraud is committed in the using of any weighing or measuring equipment for trade, the person committing the fraud and any other person party thereto shall be guilty of an offence and the equipment shall be liable to be forfeited.

ARTICLE 16

EVIDENCE OF POSSESSION OF EQUIPMENT FOR USE FOR TRADE

Where any weighing or measuring equipment is found in the possession of any person carrying on trade or on any premises which are used for trade, that person or, as the case may be, the occupier of those premises shall be deemed for the purposes of this Law, unless the contrary is proved, to have that equipment in his possession for use for trade.

PART IV

PUBLIC WEIGHING OR MEASURING EQUIPMENT

ARTICLE 17

KEEPERS OF PUBLIC EQUIPMENT TO HOLD CERTIFICATE

(1)           No person shall attend to any weighing or measuring by means of weighing or measuring equipment available for use by the public, being a weighing or measuring demanded by a member of the public and for which a charge is made, other than a weighing or measuring of a person, unless he holds a certificate from the Committee that he has sufficient knowledge for the proper performace of his duties.

(2)           Any person who contravenes, or who causes or permits any other person to contravene, paragraph (1) of this Article shall be guilty of an offence.

ARTICLE 18

PROVISION OF PUBLIC EQUIPMENT BY COMMITTEE

(1)           The Committee may provide and maintain for use by the public such weighing or measuring equipment as may appear to the Committee to be expedient.

(2)           Except in the case of a weighing or measuring for which, under any other enactment, the charge falls to be regulated by some other authority, the Committee may make such charges for any weighing or measuring by means of the equipment provided as it may from time to time think fit.

ARTICLE 19

OFFENCES IN CONNEXION WITH PUBLIC EQUIPMENT

(1)           Paragraphs (2) to (4) of this Article shall apply where any article, vehicle (whether loaded or unloaded) or animal has been brought for weighing or measuring by means of weighing or measuring equipment which is available for use by the public and is provided for the purpose of weighing or measuring articles, vehicles or animals of the description in question.

(2)           If any person appointed to attend to weighing or measuring by means of such equipment –

(a)     without reasonable cause fails to carry out the weighing or measuring on demand; or

(b)     carries out the weighing or measuring unfairly; or

(c)     fails to deliver to the person demanding the weighing or measuring or to his agent a statement in writing of the weight or other measurement found; or

(d)     fails to make a record of the weighing or measuring, including the date thereof and, in the case of the weighing of a vehicle, such particulars of the vehicle and of any load thereon as will identify that vehicle and that load;

he shall be guilty of an offence.

(3)           If in connexion with any such equipment as aforesaid –

(a)     any person appointed to attend to weighing or measuring by means of the equipment in question delivers a false statement of the weight or other measurement found or makes a false record of any weighing or measuring; or

(b)     any person commits any fraud in connexion with any or any purported, weighing or measuring by means of that equipment;

he shall be guilty of an offence.

(4)           If in the case of a weighing or measuring of any article, vehicle or animal carried out by means of such equipment as aforesaid, the person bringing the article, vehicle or animal for weighing or measuring, on being required by the person attending to the weighing or measuring to give his name and address, fails to do so or gives a name or address which is incorrect he shall be guilty of an offence.

(5)           The person making any weighing or measuring equipment available for use by the public shall retain for a period of not less than two years any record of any weighing or measuring by means of that equipment made by any person appointed to attend thereto, and any inspector, subject to the production if so requested of evidence of his authority, may require the first-mentioned person to produce any such record for inspection at any time while it is retained by him; and if the first-mentioned person fails so to retain or produce any such record, or if any person wilfully destroys or defaces any such record before the expiration of two years from the date when it was made, the person in question shall be guilty of an offence.

PART V

REGULATION OF CERTAIN TRANSACTIONS IN GOODS

ARTICLE 20

TRANSACTIONS IN PARTICULAR GOODS

(1)           The Third, Fourth, Fifth, Sixth and Seventh Schedules to this Law shall have effect for the purposes of transactions in the goods therein mentioned.

(2)           The Committee may by order make provision with respect to any goods specified in the order for all or any of the following purposes, that is to say, to ensure that, except in such cases or in such circumstances as may be so specified, the goods in question –

(a)     are sold only by quantity expressed in such manner as may be so specified; or

(b)     are pre-packed, or are otherwise made up in or on a container for sale or for delivery after sale, only if the container is marked with such information as to the quantity of the goods as may be so specified; or

(c)     are sold, or are pre-packed, or are otherwise made up in or on a container for sale or for delivery after sale, or are made up for sale, only in such quantities as may be so specified; or

(d)     are not sold without the quantity sold expressed as aforesaid being made known to the buyer at or before such time as may be so specified; or

(e)     are sold by means of, or are offered or exposed for sale in, a vending machine only if there is displayed on or in the machine –

(i)      such information as to the quantity of the goods in question comprised in each item for sale by means of that machine as may be so specified; and

(ii)     a statement of the name and address of the seller; or

(f)      are carried for reward only in pursuance of an agreement made by reference to the quantity of the goods in question expressed as aforesaid; or

(g)     in such circumstances as may be so specified, have associated therewith in such manner as may be so specified a document containing a statement of the quantity of the goods in question expressed in such manner, and a statement of such other particulars, if any, as may be so specified; or

(h)     when carried in a vehicle along a highway are accompanied by a document containing such particulars determined in such manner as may be so specified as to the weight of the vehicle and its load apart from the goods in question.

(3)           An order under paragraph (2) of this Article may be made with respect to any goods, including goods to which any of the provisions of any of the Schedules aforesaid applies, and may –

(a)     make provision for any of the purposes mentioned in the said paragraph (2) in such manner, whether by means of amending, or of applying with or without modifications, or of excluding the application in whole or in part of, any provision of this Law or of any previous order under the said paragraph (2) or otherwise;

(b)     make such, if any, different provision for retail and other sales respectively; and

(c)     contain such consequential, incidental or supplementary provision, whether by such means as aforesaid or otherwise;

as may appear to the Committee to be expedient, and may in particular make provision in respect of contraventions of the order for which no penalty is provided by this Law for the imposition of penalties not exceeding those provided by Article 37 of this Law for an offence under this Law.

(4)           The Committee may make orders –

(a)     as to the manner in which any container required by any of the provisions of any of the Schedules aforesaid or of any order under paragraph (2) of this Article to be marked with information as to the quantity of the goods made up therein is to be so marked;

(b)     as to the manner in which any information required by any such provision as aforesaid to be displayed on or in a vending machine is to be so displayed;

(c)     as to the conditions which must be satisfied in marking with information as to the quantity of goods made up therein the container in or on which any goods are made up for sale (whether by way of pre-packing or otherwise) where those goods are goods on a sale of which (whether any sale or a sale of any particular description) the quantity of the goods sold is required by any such provision as aforesaid to be made known to the buyer at or before a particular time;

(d)     as to the units of measurement to be used in marking any such container or machine as aforesaid with any information as to quantity;

(e)     for securing, in the case of pre-packed goods, that the container is so marked as to enable the packer to be identified;

(f)      as to the method by which and conditions under which quantity is to be determined in connexion with any information with respect thereto required by or under this Article;

(g)     permitting in the case of such goods and in such circumstances as may be specified in the order the weight of such articles used in making up the goods for sale as may be so specified to be included in the net weight of the goods for the purposes of this Law;

and any person who contravenes any order made under this paragraph otherwise than by virtue of sub-paragraph (f) or (g) thereof shall be guilty of an offence.

(5)           The Committee may by order grant and from time to time vary or revoke, with respect to goods or sales of such descriptions as may be specified in the order, exemption, either generally or in such circumstances as may be so specified, from all or any requirements imposed by or under this Article; and, until otherwise provided by such an order, the following shall be exempted from all such requirements, that is to say –

(a)     any sale of goods in the case of which the buyer gives notice in writing to the seller before the sale is completed that the goods are being bought –

(i)      for despatch to a destination outside the Island, Great Britain and any designated country; or

(ii)     for use as stores in a ship or aircraft on a voyage or flight to an eventual destination outside the Island;

(b)     any goods sold for, or offered, exposed or in any person’s possession for sale only for, use or consumption at the premises of the seller, not being intoxicating liquor;

(c)     any assortment of articles of food pre-packed together for consumption together as a meal and ready for such consumption without being cooked, heated or otherwise prepared.

ARTICLE 21

OFFENCES IN TRANSACTIONS IN PARTICULAR GOODS

(1)           Subject to the provisions of this Part of this Law, in the case of any goods which, when not pre-packed, are required by or under this Law to be sold only by quantity expressed in a particular manner or only in a particular quantity, any person shall be guilty of an offence who –

(a)     whether on his own behalf or on behalf of another person, offers or exposes for sale, sells or agrees to sell; or

(b)     causes or suffers any other person to offer or expose for sale, sell or agree to sell on his behalf;

those goods otherwise than by quantity expressed in that manner or, as the case may be, otherwise than in that quantity.

(2)           Subject to the provisions of this Part of this Law, in the case of any goods required by or under this Law to be pre-packed, or to be otherwise made up in or on a container for sale or for delivery after sale, or to be made up for sale, only in particular quantities, or to be pre-packed, or to be otherwise made up as aforesaid, only if the container is marked with particular information, any person shall be guilty of an offence who –

(a)     whether on his own behalf or on behalf of another person, has in his possession for sale, sells or agrees to sell; or

(b)     except in the course of carriage of the goods for reward, has in his possession for delivery after sale; or

(c)     causes or suffers any other person to have in his possession for sale or for delivery after sale, to sell or agree to sell on behalf of the first-mentioned person;

any such goods pre-packed, otherwise made up as aforesaid or made otherwise than in that quantity or otherwise than in or on a container so marked, as the case may be, whether the sale is, or is to be, by retail or otherwise.

(3)           Subject to the provisions of this Part of this Law, in the case of any sale where the quantity of the goods sold expressed in a particular manner is required by or under this Law to be made known to the buyer at or before a particular time and that quantity is not so made known, the person by whom, and any other person on whose behalf, the goods were sold shall be guilty of an offence.

(4)           Subject to the provisions of this Part of this Law, where any goods required by or under this Law to be sold by means of or to be offered or exposed for sale in, a vending machine only if certain requirements are complied with are so sold, offered or exposed without those requirements being complied with, the seller or person causing the goods to be so offered or exposed shall be guilty of an offence.

ARTICLE 22

QUANTITY TO BE STATED IN WRITING IN CERTAIN CASES

(1)           Subject to paragraph (4) of this Article the provisions of this Article shall have effect on any sale of goods –

(a)     which is required by or under this Law to be a sale by quantity expressed in a particular manner; or

(b)     in the case of which the quantity of the goods sold expressed in a particular manner is required by or under this Law to be made known to the buyer at or before a particular time; or

(c)     which, being a sale by retail not falling within either of the foregoing sub-paragraphs, is or purports to be, a sale by quantity expressed in a particular manner other than by number.

(2)           Subject to paragraph (3) of this Article, unless the quantity of the goods sold expressed in the manner in question is made known to the buyer at the premises of the seller and the goods are delivered to the buyer at those premises on the same occasion as, and at or after the time when, that quantity is so made known to him, a statement in writing of that quantity shall be delivered to the consignee at or before delivery of the goods to him; and if this paragraph is contravened, then, subject to the provisions of this Part of this Law, the person by whom, and any other person on whose behalf, the goods were sold shall be guilty of an offence:

Provided that –

(a)     if at the time when the goods are delivered the consignee is absent, it shall be sufficient compliance with this paragraph if the said document is left at some suitable place at the premises at which the goods are delivered;

(b)     this paragraph shall not apply to any sale otherwise than by retail where, by agreement with the buyer, the quantity of the goods sold is to be determined after their delivery to the consignee.

(3)           Where any liquid goods are sold by capacity measurement and the quantity sold is measured at the time of delivery and elsewhere than at the premises of the seller, paragraph (2) of this Article shall not apply but, unless the quantity by capacity measurement of the goods sold is measured in the presence of the buyer, the person by whom the goods are delivered shall immediately after the delivery hand to the buyer, or if the buyer is not present leave at some suitable place at the premises at which the goods are delivered, a statement in writing of the quantity by capacity measurement delivered, and if without reasonable cause he fails so to do he shall be guilty of an offence.

(4)           The Committee may by order grant and from time to time vary or revoke, with respect to goods or sales of such descriptions as may be specified in the order, exemption, either generally or in such circumstances as may be so specified, from all or any of the requirements of this Article; and, until otherwise provided by such an order, nothing in paragraphs (1) to (3) of this Article shall apply to –

(a)     a sale by retail from a vehicle of –

(i)      any of the following in a quantity not exceeding two hundredweight, that is to say, any solid fuel within the meaning of the Fifth Schedule to this Law, and wood fuel;

(ii)     any of the following in a quantity not exceeding five gallons, that is to say, liquid fuel, lubricating oil, and any mixture of such fuel and oil;

(b)     a sale by retail of bread within the meaning of Part IV of the Third Schedule to this Law;

(c)     goods made up for sale (whether by way of pre-packing or otherwise) in or on a container marked with a statement in writing with respect to the quantity of the goods expressed in the manner in question being a container which is delivered with the goods;

(d)     a sale of goods in the case of which a document stating the quantity of the goods expressed in the manner in question is required to be delivered to the buyer or consignee of the goods by or under any other provision of this Law;

(e)     any such goods or sales as are mentioned in sub-paragraphs (a), (b) and (c) of paragraph (5) of Article 20 of this Law;

(f)      a sale of intoxicating liquor for consumption at the premises of the seller; or

(g)     a sale by means of a vending machine; or

(h)     goods delivered at premises of the buyer by means of an installation providing a connexion of a permanent nature between those premises and the premises of the seller.

ARTICLE 23

SHORT WEIGHT ETC

(1)           Subject to the provisions of this Part of this Law, any person who, in selling or purporting to sell any goods by weight or other measurement or by number, delivers or causes to be delivered to the buyer a lesser quantity than that purported to be sold or than corresponds with the price charged shall be guilty of an offence.

(2)           Subject to the provisions of this Part of this Law, any person who, on or in connexion with the sale or purchase of any goods, or in exposing or offering any goods for sale, or in purporting to make known to the buyer thereof the quantity of any goods sold, or in offering to purchase any goods, makes any misrepresentation either by word of mouth or otherwise as to the quantity of the goods, or does any other act calculated to mislead a person buying or selling the goods as to the quantity thereof, shall be guilty of an offence.

(3)           If, in the case of any goods pre-packed in or on a container marked with a statement in writing with respect to the quantity of the goods, the quantity of the goods is at any time found to be less than that stated, then, subject to the provisions of this Part of this Law and in particular to paragraph (2) of Article 25, any person who has those goods in his possession for sale, and (if it is shown that the deficiency cannot be accounted for by anything occurring after the goods had been sold by retail and delivered to, or to a person nominated in that behalf by, the buyer) any person by whom or on whose behalf those goods have been sold or agreed to be sold at any time while they were pre-packed in or on the container in question, shall be guilty of an offence.

(4)           If –

(a)     in the case of a sale of or agreement to sell any goods which, not being pre-packed, are made up for sale or for delivery after sale in or on a container marked with a statement in writing with respect to the quantity of the goods; or

(b)     in the case of any goods which, in connexion with a sale or agreement for the sale thereof, have associated therewith a document containing such a statement as aforesaid;

the quantity of the goods is at any time found to be less than that stated, then if it is shown that the deficiency cannot be accounted for by anything occurring after the goods had been delivered to, or to a person nominated in that behalf by, the buyer, and subject to the provisions of this Part of this Law and in particular to paragraphs (2) and (3) of Article 25 and paragraph 5 of Part II of the Fourth Schedule, the person by whom, and any other person on whose behalf, the goods were sold or agreed to be sold shall be guilty of an offence.

(5)           Paragraphs (3) and (4) of this Article shall have effect notwithstanding that the quantity stated is expressed to be the quantity of the goods at a specified time falling before the time in question, or is expressed with some other qualification of whatever description, except where –

(a)     that quantity is so expressed in pursuance of an express requirement of this Law or any order made thereunder; or

(b)     the goods, although falling within paragraph (3) or sub-paragraph (a) of paragraph (4) of this Article –

(i)      are not required by or under this Law to be pre-packed as mentioned in the said paragraph (3) or, as the case may be, to be made up for sale or for delivery after sale in or on a container only if the container is marked as mentioned in the said sub-paragraph (a) of paragraph (4); and

(ii)     are not goods on a sale of which (whether any sale or a sale of any particular description) the quantity sold is required by or under any provision of this Law other than Article 22 to be made known to the buyer at or before a particular time; or

(c)     the goods although falling within sub-paragraph (b) of paragraph (4) of this Article, are not required by or under this Law to have associated therewith such a document as is mentioned in that provision.

(6)           In any case to which, by virtue of sub-paragraph (a), (b), or (c) of paragraph (5) of this Article, the provisions of paragraph (3) or (4) of this Article do not apply, if it is found at any time that the quantity of the goods in question is less than that stated and it is shown that the deficiency is greater than can be reasonably justified on the ground justifying the qualification in question, then subject to the provisions of this Part of this Law –

(a)     in the case of goods such as are mentioned in the said paragraph (3), if it is further shown as mentioned in that paragraph, then –

(i)      where the container in question was marked in the Island, the person by whom, and any other person on whose behalf, the container was marked; or

(ii)     where the container in question was marked outside the Island, the person by whom, and any other person on whose behalf, the goods were first sold in the Island,

shall be guilty of an offence;

(b)     in the case of goods such as are mentioned in the said paragraph (4), the person by whom, and any other person on whose behalf, the goods were sold or agreed to be sold shall be guilty of an offence if, but only if, he would, but for the said sub-paragraph (a), (b) or (c) of paragraph (5), have been guilty of an offence under the said paragraph (4).

(7)           Without prejudice to paragraphs (4) to (6) of this Article, if in the case of any goods required by or under this Law to have associated therewith a document containing particular statements, that document is found to contain any such statement which is materially incorrect, any person who, knowing or having reasonable cause to suspect that statement to be materially incorrect, inserted it or caused it to be inserted in the document, or used the document for the purposes of this Law or any order made thereunder while that statement was contained therein, shall be guilty of an offence.

(8)           For the purposes of this Article, any statement, whether oral or in writing, as to the weight of any goods shall be deemed, unless otherwise expressed, to be a statement as to the net weight of the goods.

(9)           Nothing in this Article shall apply –

(a)     in relation to any such goods or sales as are mentioned in sub-paragraph (a) of paragraph (5) of Article 20 of this Law;

(b)     in relation to the sale of goods with a view to their industrial or constructional use, except –

(i)      where the sale in question is or would be one which is required by or under this Law to be made only by quantity expressed in a particular manner or in the case of which the quantity of the goods sold is required by or under any provision of this Law other than Article 22 to be made known to the buyer at or before a particular time; or

(ii)     where the goods are pre-packed or otherwise made up in or on a container for sale or for delivery after sale and are goods such as are required by or under this Law to be pre-packed, or to be otherwise so made up, as the case may be, only if the container is marked with an indication of quantity or only in particular quantities; or

(iii)    where the goods are goods such as are required by or under this Law to be made for sale only in particular quantities.

ARTICLE 24

PLEADING OF WARRANTY AS DEFENCE

(1)           Subject to the provisions of this Article, in any proceedings for an offence under this Part of this Law or any order made thereunder, being an offence relating to the quantity or pre-packing of any goods, it shall be a defence for the person charged to prove –

(a)     that he bought the goods from some other person –

(i)      as being of the quantity which the person charged purported to sell or represented, or which was marked on any container or stated in any document to which the proceedings relate; or

(ii)     as conforming with the statement marked on any container to which the proceedings relate, or with the requirements with respect to the pre-packing of goods of this Law and any order made thereunder,

as the case may require; and

(b)     that he so bought the goods with a written warranty from that other person that they were of that quantity or, as the case may be, did so conform; and

(c)     that at the time of the commission of the offence he had no reason to believe the statement contained in the warranty to be inaccurate, that he did in fact believe in its accuracy and, if the warranty was given by a person who at the time he gave it was resident outside the Island, Great Britain and any designated country, that the person charged had taken reasonable steps to check the accuracy of that statement; and

(d)     in the case of proceedings relating to the quantity of any goods, that he took all reasonable steps to ensure that, while in his possession, the quantity of the goods remained unchanged and, in the case of such or any other proceedings, that apart from any change in their quantity the goods were at the time of the commission of the offence in the same state as when he bought them.

(2)           A warranty shall be a defence in such proceedings as aforesaid only if, not later than three days before the date of the hearing, the person charged has sent to the prosecution a copy of the warranty with a notice stating that he intends to rely on it and specifying the name and address of the person from whom the warranty was received, and has also sent a like notice to that person.

(3)           Where the person charged is a servant of a person who, if he had been charged, would have been entitled to plead a warranty as a defence under this Article, paragraph (1) of this Article shall have effect as if any reference (however expressed) in sub-paragraphs (a) to (d) thereof to the person charged, other than the first such reference in sub-paragraph (c) thereof, were a reference to his employer.

(4)           The person by whom the warranty is alleged to have been given shall be entitled to appear at the hearing and to give evidence.

(5)           If the person charged in any such proceedings as aforesaid wilfully attributes to any goods a warranty given in relation to any other goods, he shall be guilty of an offence.

(6)           A person who, in respect of any goods sold by him in respect of which a warranty might be pleaded under this Article, gives to the buyer a false warranty in writing shall be guilty of an offence unless he proves that when he gave the warranty he took all reasonable steps to ensure that the statements contained therein were, and would continue at all relevant times to be, accurate.

(7)           For the purposes of this Article, any statement with respect to any goods which is contained in any document required by or under this Law to be associated with the goods or in any invoice, and, in the case of goods made up in or on a container for sale or for delivery after sale, any statement with respect to those goods with which that container is marked, shall be deemed to be a written warranty of the accuracy of that statement.

ARTICLE 25

ADDITIONAL DEFENCES AND SAFEGUARDS FOR TRADERS

(1)           In any proceedings for an offence in respect of any goods under this Part of this Law or any order made thereunder, it shall be a defence for the person charged to prove –

(a)     that the commission of the offence was due to a mistake, or to an accident or some other cause beyond his control; and

(b)     that he took all reasonable precautions and exercised all due diligence to avoid the commission of such an offence in respect of those goods by himself or any person under his control.

(2)           In any proceedings for an offence under this Part of this Law or any order made thereunder by reason of the quantity –

(a)     of any goods made up for sale or for delivery after sale (whether by way of pre-packing or otherwise) in or on a container marked with an indication of quantity; or

(b)     of any goods which, in connexion with a sale or agreement for the sale thereof, have associated therewith a document purporting to state the quantity of the goods; or

(c)     of any goods required by or under this Law to be pre-packed, or to be otherwise made up in or on a container for sale or for delivery after sale, or to be made for sale, only in particular quantities;

being less than that marked on the container or stated in the document in question or than the relevant particular quantity, as the case may be, it shall be a defence for the person charged to prove that the deficiency arose –

(i)      in a case falling within sub-paragraph (a) of this paragraph, after the making up of the goods and the marking of the container;

(ii)     in a case falling within sub-paragraph (b) of this paragraph, after the preparation of the goods for delivery in pursuance of the sale or agreement and after the completion of the document;

(iii)    in a case falling within sub-paragraph (c) of this paragraph after the making up or making, as the case may be, of the goods for sale;

and was attributable wholly to factors for which reasonable allowance was made in stating the quantity of the goods in the marking or document or in making up or making goods for sale, as the case may be.

(3)           In the case of a sale by retail of food, not being food pre-packed in a container which is, or is required by or under this Law to be, marked with an indication of quantity, in any proceedings for an offence under this Part of this Law or any order made thereunder by reason of the quantity delivered to the buyer being less than that purported to be sold, it shall be a defence for the person charged to prove that the deficiency was due wholly to unavoidable evaporation or drainage since the sale and that due care and precaution were taken to minimise any such evaporation or drainage.

(4)           Without prejudice to any defence under paragraph (2) or (3) of this Article, in any proceedings for such an offence in respect of any goods as is mentioned in the said paragraph (2) it shall not be a defence under sub-paragraph (a) of paragraph (1) of this Article for the person charged to prove that the commission of the offence was due to some cause beyond his control if that cause was one which should reasonably have been foreseen and for which allowance could reasonably have been made in stating the quantity of the goods or in making up or making the goods, as the case may be.

(5)           If in any proceedings for an offence under this Part of this Law or any order made thereunder, being an offence in respect of any deficiency in the quantity of any goods sold, it is shown that between the sale and the discovery of the deficiency the goods were with the consent of the buyer subjected to treatment which could result in a reduction in the quantity of those goods for delivery to, or to any person nominated in that behalf by, the buyer, the person charged shall not be found guilty of that offence unless it is shown that the deficiency cannot be accounted for by the subjecting of the goods to that treatment.

(6)           In any proceedings for an offence under this Part of this Law or any order made thereunder, being an offence in respect of any excess in the quantity of any goods, it shall be a defence for the person charged to prove that the excess was attributable to the taking of measures reasonably necessary in order to avoid the commission of an offence in respect of a deficiency in those or other goods.

(7)           If proceedings for an offence under this Part of this Law or any order made thereunder in respect of any deficiency or excess in the quantity –

(a)     of any goods made up for sale (whether by way of pre-packing or otherwise) in or on a container marked with an indication of quantity;

(b)     of any goods which have been pre-packed or otherwise made up in or on a container for sale or for delivery after sale, or which have been made for sale, and which are required by or under this Law to be pre-packed, or to be otherwise so made up, or to be so made, as the case may be, only in particular quantities;

are brought with respect to any article, and it is proved that, at the time and place at which that article was tested, other articles of the same kind, being articles which, or articles containing goods which, had been sold by the person charged or were in that person’s possession for sale or for delivery after sale, were available for testing, the person charged shall not be convicted of such an offence with respect to that article unless a reasonable number of those other articles was also tested; and in any proceedings for such an offence the court –

(i)      if the proceedings are with respect to one or more of a number of articles tested on the same occasion, shall have regard to the average quantity in all the articles tested;

(ii)     if the proceedings are with respect to a single article, shall disregard any inconsiderable deficiency or excess; and

(iii)    shall have regard generally to all the circumstances of the case.

ARTICLE 26

OFFENCES DUE TO DEFAULT OF THIRD PERSON

(1)           A person against whom proceedings are brought for an offence under this Part of this Law or any order made thereunder shall, on information duly laid by him and on giving to the prosecution not less than three clear days’ notice of his intention to avail himself of the provisions of this paragraph, be entitled to have brought before the court in those proceedings any other person to whose act or default he alleges that the commission of the offence was due; and if, after the offence has been proved, the original defendant proves that the commission thereof was due to an act or default of that other person –

(a)     that other person may be convicted of the offence; and

(b)     if the original defendant further proves that he exercised all due diligence to avoid the commission of the offence by him or any person under his control, the original defendant shall be acquitted of the offence.

(2)           Where a defendant seeks to avail himself of the provisions of paragraph (1) of this Article –

(a)     the prosecution, as well as the person whom the defendant charges with the offence, shall have the right to cross-examine the defendant, if he gives evidence, and any witness called by the defendant in support of his pleas, and to call rebutting evidence;

(b)     the court may make such order as it thinks fit for the payment of costs by any party to the proceedings to any other party thereto.

(3)           Where it appears to the Attorney General that such an offence as aforesaid has been committed by some person, and the Attorney General is reasonably satisfied that the offence was due to an act or default of some other person and that the first-mentioned person could establish a defence under paragraph (1) of this Article, the Attorney General may take or authorize the taking of proceedings against that other person without first taking or authorizing the taking of proceedings against the first-mentioned person; and in such proceedings that other person may be charged with, and, on proof that commission of the offence was due to his act or default, be convicted of, the offence with which the first-mentioned person might have been charged.

(4)           Where by virtue of paragraph (3) of this Article a person is charged with an offence with which some other person might have been charged, the reference in paragraph (7) of Article 25 of this Law to articles or goods sold by or in the possession of the person charged shall be construed as a reference to articles or goods sold by or in the possession of that other person.

ARTICLE 27

OFFENCES ORIGINATING IN CERTAIN COUNTRIES OUTSIDE THE ISLAND

(1)           Where proceedings are brought against any person (hereinafter in this Article referred to as “the defendant”) for an offence under this Part of this Law or any order made thereunder and it is proved –

(a)     that the commission of the offence was due to the act or default of some other person, being an act or default which took place in Great Britain or a designated country; and

(b)     that the defendant took all reasonable precautions and exercised all due diligence to avoid the commission of the offence by him or any person under his control,

then, subject to paragraph (2) of this Article, the defendant shall be acquitted of the offence; and if it is proved as mentioned in sub-paragraph (a) of this paragraph, then, whether or not the defendant is acquitted, the court shall cause notice of the proceedings to be sent to the Committee.

(2)           The defendant shall not be entitled to be acquitted under this Article unless within seven days from the date of the service of the summons on him he has given notice in writing to the prosecution of his intention to rely on the provisions of this Article, specifying the name and address of the person to whose act or default he alleges that the commission of the offence was due, and has sent a like notice to that person.

(3)           The person specified in a notice served under the provisions of this Article shall be entitled to appear at the hearing and to give evidence, and the court may, if it thinks fit, adjourn the hearing to enable him to do so.

(4)           Where it is proved that the offence in question was due to the act or default of some person other than the defendant, being an act or default which took place in Great Britain or a designated country, the Judicial Greffier shall, whether or not the defendant is acquitted, cause notice of the proceedings to be sent to the Committee which shall cause the appropriate authority in Great Britain or the designated country concerned, as the case may be, to be notified.

ARTICLE 28

SPECIAL POWERS OF INSPECTOR WITH RESPECT TO CERTAIN GOODS

(1)           Subject to paragraph (3) of this Article, where any person –

(a)     makes in any manner any representation as to the quantity of any goods offered or exposed for sale by him; or

(b)     has in his possession or charge awaiting or in the course of delivery to the buyer any goods which have been sold or agreed to be sold, and the sale is, or purports to be, or is required by or under this Law to be, by quantity expressed in a particular manner, or is such that the quantity of the goods sold is required by or under any provision of this Law other than Article 22 to be made known to the buyer at or before a particular time; or

(c)     has in his possession or charge for sale, or awaiting or in the course of delivery to a buyer after they have been sold or agreed to be sold, any goods pre-packed or otherwise made up in or on a container for sale or for delivery after sale which are required by or under this Law to be pre-packed, or to be otherwise so made up, as the case may be, only in particular quantities or only if the container is marked with particular information, or any goods pre-packed in or on a container marked with an indication of quantity, or any goods required by or under this Law to be made for sale only in particular quantities,

the powers of an inspector under Article 33 of this Law shall include power to require that person either to do in the presence of the inspector or to permit the inspector to do, all or any of the following things, that is to say –

(i)      weigh or otherwise measure or count the goods;

(ii)     weigh any container in or on which the goods are made up;

(iii)    if necessary for the purposes of this paragraph break open any such container or open any vending machine in which the goods are offered or exposed for sale,

and, in the case of any of the goods which are not already sold, power to require that person to sell any of them to the inspector.

(2)           Where the container of any pre-packed goods is broken open under paragraph (1) of this Article and all requirements of, and of any order made under, this Law which are applicable to those goods are found to have been complied with, then, if the container can be resealed without injury to the contents, the inspector may reseal it with a label certifying that all such requirements have been complied with or, if he does not so reseal it or it cannot be so resealed without injury to the contents, shall at the request of the person aforesaid buy the goods on behalf of the Committee.

(3)           Nothing in sub-paragraph (a), (b) or (c) of paragraph (1) of this Article shall apply in relation to the sale of goods with a view to their industrial or constructional use except in such a case as is specified in sub-paragraph (b)(i), (ii) or (iii) of paragraph (9) of Article 23 of this Law.

ARTICLE 29

POWERS OF INSPECTOR WITH RESPECT TO CERTAIN DOCUMENTS

(1)           An inspector, subject to the production if so requested of evidence of his authority, may require the person in charge of any document required by or under this Law to be associated with any goods to produce that document for inspection.

(2)           If the inspector has reasonable cause to believe that any document produced to him under paragraph (1) of this Article contains any inaccurate statement, he may either –

(a)     seize and detain the document, giving in exchange therefor a copy thereof with an endorsement signed by him certifying that the original has been seized and giving particulars of any inaccuracy alleged; or

(b)     without prejudice to any proceedings which may be taken by reason of any inaccuracy alleged, make thereon an endorsement signed by him giving particulars of any such inaccuracy;

and, save where the context otherwise requires, any reference in this Law to any such document shall be deemed to include a reference to a copy thereof given in pursuance of sub-paragraph (a) of this paragraph.

(3)           Where, in the case of any goods being carried on a vehicle, the whole of the vehicle’s load is being carried for, or for delivery after, sale to the same person, and any document produced in pursuance of paragraph (1) of this Article by the person in charge of the vehicle purports, or is required by or under this Law, to state the quantity of the goods, then, for the purpose of the exercise of his powers under paragraph (1) of Article 28 of this Law, the inspector may do all or any of the following things, that is to say –

(a)     require the goods to which the document relates to be unloaded from the vehicle;

(b)     require the vehicle to be taken to the nearest suitable and available weighing or measuring equipment;

(c)     require the person in charge of the vehicle to have it check-weighed:

Provided that the powers conferred by this paragraph shall be exercised only to such extent as may appear to the inspector reasonably necessary in order to secure that the provisions of this Law and any order made thereunder are duly observed.

ARTICLE 30

CHECK-WEIGHING OF CERTAIN VEHICLES

Where any vehicle is loaded with goods for sale by weight to a single buyer of the whole of the vehicle’s load, or for delivery to the buyer after they have been so sold, the buyer or seller of the goods or any inspector who shows that he is authorized so to do by the buyer or seller of the goods may require the person in charge of the vehicle to have it check-weighed, and if that person fails without reasonable cause to comply with any such requirement he shall be guilty of an offence.

ARTICLE 31

POWER TO MAKE TEST PURCHASES

The Committee shall have power to authorize an inspector to make on its behalf, such purchases of goods as may appear expedient for the purpose of determining whether or not the provisions of this Law and any order made thereunder are being complied with.

ARTICLE 32

SELLING BY QUANTITY, MAKING QUANTITY KNOWN, AND WEIGHING IN PRESENCE

(1)           Where any goods are required by or under this Law to be sold only by quantity expressed in a particular manner –

(a)     it shall be a sufficient compliance with that requirement in the case of any sale of, or agreement to sell, any such goods if the quantity of the goods expressed in the manner in question is made known to the buyer before the purchase price is agreed;

(b)     no person shall be guilty of an offence under paragraph (1) of Article 21 of this Law by reason of the exposing or offering for sale of such goods at any time if both the quantity of the goods expressed in the manner in question and the price at which they are exposed or offered for sale are made known at that time to any prospective buyer.

(2)           For the purposes of this Law and any order made thereunder, without prejudice to any other method of making known to a person the quantity of any goods expressed in a particular manner, that quantity shall be deemed to be made known to that person –

(a)     if the goods are weighed or otherwise measured or counted, as the case may require, in the presence of that person; or

(b)     if the goods are made up in or on a container marked with a statement in writing of the quantity of the goods expressed in the manner in question and the container is readily available for inspection by that person; or

(c)     on such a statement in writing being delivered to that person.

(3)           Where the Committee by order provides that this paragraph is to apply, in the case of such goods in such circumstances as are specified in the order, to any requirement so specified of, or of any order made under, this Law, with respect to the making known to the buyer of the quantity by weight of such goods sold by retail, then, in any case to which the order applies that requirement shall be deemed to be satisfied if the goods are bought at premises at which weighing equipment of such description as may be prescribed –

(a)     is kept available by the occupier of those premises for use without charge by any prospective buyer of such goods for the purpose of weighing for himself any such goods offered or exposed for sale by retail on those premises; and

(b)     is so kept available in a position on those premises which is suitable and convenient for such use of the equipment; and

(c)     is reserved for use for that purpose at all times while those premises are open for retail transactions,

and a notice of the availability of the equipment for such use is displayed in a position on the premises where it may be readily seen by any such prospective buyer.

(4)           For the purposes of this Law and any order made thereunder, a person shall not be deemed to weigh or otherwise measure or count any goods in the presence of any other person unless he causes any equipment used for the purpose to be so placed, and so conducts the operation of weighing or otherwise measuring or counting the goods, as to permit that other person a clear and unobstructed view of the equipment, if any, and of the operation, and of any indication of quantity given by any such equipment as the result of that operation.

PART VI

MISCELLANEOUS AND GENERAL

ARTICLE 33

GENERAL POWERS OF INSPECTION AND ENTRY

(1)           Subject to the production if so requested of evidence of his authority, an inspector may, at all reasonable times –

(a)     inspect and test any weighing or measuring equipment which is, or which he has reasonable cause to believe to be, used for trade or in the possession of any person or on any premises for such use;

(b)     inspect any goods to which any of the provisions of this Law or any order made thereunder for the time being applies or which he has reasonable cause to believe to be such goods;

(c)     enter any premises at which he has reasonable cause to believe there to be any such equipment or goods as aforesaid, not being premises used only as a private dwelling-house.

(2)           Subject to the production if so requested of evidence of his authority, an inspector may at any time seize and detain –

(a)     any article which he has reasonable cause to believe is liable to be forfeited under this Law; and

(b)     any document displayed with any goods offered or exposed for sale which relates to the price or quantity of the goods and which the inspector has reason to believe may be required as evidence in proceedings under this Law.

(3)           If the Bailiff on sworn information in writing –

(a)     is satisfied that there is reasonable ground to believe that any such equipment, goods, articles or documents as are mentioned in paragraph (1) or (2) of this Article are on any premises, or that any offence under this Law or any order made thereunder has been, is being or is about to be committed on any premises; and

(b)     is also satisfied either –

(i)      that admission to the premises has been refused, or a refusal is apprehended, and that notice of the intention to apply for a warrant has been given to the occupier; or

(ii)     that an application for admission, or the giving of such a notice, would defeat the object of the entry, or that the case is one of urgency, or that the premises are unoccupied or the occupier temporarily absent,

the Bailiff may by warrant under his hand, which shall continue in force for a period of one month, authorize an inspector to enter the premises, if need be by force.

(4)           An inspector entering any premises by virtue of this Article may take with him such other persons and such equipment as may appear to him necessary; and on leaving any premises which he has entered by virtue of a warrant under paragraph (3) of this Article, being premises which are unoccupied or the occupier of which is temporarily absent, he shall leave them as effectively secured against trespassers as he found them.

(5)           If any inspector or other person who enters any work-place by virtue of this Article discloses to any person any information obtained by him in the work-place with regard to any manufacturing process or trade secret, he shall, unless the disclosure was made in the performance of his duty, be guilty of an offence.

(6)           Nothing in this Law shall authorize any inspector to stop any vehicle on a highway.

ARTICLE 34

OBSTRUCTION OF INSPECTORS

(1)           Any person who –

(a)     wilfully obstructs an inspector acting in the execution of this Law or any order made thereunder; or

(b)     wilfully fails to comply with any requirements properly made of him by an inspector under Article 28 or 29 of this Law; or

(c)     without reasonable cause fails to give to any inspector acting as aforesaid any other assistance or information which the inspector may reasonably require of him for the purposes of the performance by the inspector of his functions under this Law or any order made thereunder,

shall be guilty of an offence.

(2)           If any person, in giving to an inspector any such information as is mentioned in paragraph (1) of this Article, gives any information which he knows to be false, he shall be guilty of an offence.

(3)           Nothing in this Article shall be construed as requiring a person to answer any question or give any information if to do so might incriminate him.

ARTICLE 35

OFFENCES BY CORPORATIONS

Where an offence under, or under any order made under, this Law 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.

ARTICLE 36

PROSECUTION OF OFFENCES

(1)           Proceedings for an offence under any provision contained in, or having effect by virtue of, Part V of this Law, other than proceedings for an offence under paragraph (6) of Article 24, or proceedings by virtue of paragraph (3) of Article 26, shall not be instituted –

(a)     unless there has been served on the person charged notice in writing of the date and nature of the offence alleged and, where the proceedings are in respect of one or more of a number of articles of the same kind tested on the same occasion, of the results of the tests of all those articles; or

(b)     except where the person charged is a hawker, unless the said notice was served before the expiration of the period of fifteen days beginning with the date aforesaid; or

(c)     after the expiration of the period of three months beginning with the date aforesaid.

(2)           Such a notice as is mentioned in sub-paragraph (a) of paragraph (1) of this Article may be served on any person either by serving it on him personally or by sending it to him by post at his usual or last known residence or place of business in the Island or, in the case of a company, at the company’s registered office.

ARTICLE 37

PENALTIES

(1)           Any person guilty of an offence under any of the following provisions of this Law, that is to say –

(a)     paragraph (6) of Article 11;

(b)     paragraphs (2) and (6) of Article 12;

(c)     paragraphs (1) and (2) of Article 13;

(d)     paragraph (2) of Article 17;

(e)     paragraphs (2), (4) and (5) of Article 19;

(f)      Article 30;

(g)     paragraph (1) of Article 34;

(h)     paragraphs 4 and 5 of Part I of the Fourth Schedule,

(j)      any orders made under paragraph 5 of Part I of the Fifth Schedule

shall be liable to a fine not exceeding twenty pounds or in the case of a second or subsequent offence under the same provision, one hundred pounds.

(2)           Any person guilty of an offence under any provision of this Law other than those mentioned in paragraph (1) of this Article shall be liable to a fine not exceeding one hundred pounds (or, in the case of a second or any subsequent offence under the same provision, two hundred and fifty pounds), or to imprisonment for a term not exceeding three months, or to both such fine and such imprisonment.

ARTICLE 38

GENERAL PROVISIONS AS TO ORDERS

(1)           Any power to make orders conferred on the Committee by this Law shall be deemed to include a power to make different provision for different circumstances.

(2)           No order shall be made under any of the following provisions of this Law, that is to say –

(a)     paragraphs (10) and (11) of Article 11;

(b)     paragraphs (2) and (5) of Article 20;

(c)     paragraph (4) of Article 22;

(d)     paragraph (3) of Article 32;

(e)     paragraph (1) of Article 39,

unless a draft of the order has been laid before and approved by the States.

(3)           The Subordinate Legislation (Jersey) Law, 1960,3 shall apply to orders made under this Law.

ARTICLE 39

SAVINGS

(1)           Save as the Committee may by order otherwise provide, and except in the case of a retail transaction or a transaction with respect to which provision to the contrary effect is for the time being made by or under Part V of this Law, nothing in this Law shall make unlawful the use in any transaction, by agreement between the parties thereto, of any unit of measurement which –

(a)     was customarily used for trade in the like transactions immediately before the passing of this Law; and

(b)     is not inconsistent with anything for the time being contained in the First Schedule to this Law,

notwithstanding that the unit in question is not for the time being included in the said First Schedule.

(2)           No contract for the sale or carriage for reward of any goods shall be void by reason only of a contravention of any provision of, or of any order made under, this Law with respect to any document which is, or is required by that provision to be, associated with the goods.

ARTICLE 40

REPEALS

(1)           The enactments specified in the Eighth Schedule to this Law are hereby repealed:

Provided that any person who was appointed to any office under any of the said enactments and who is holding such office immediately before the commencement of this Law shall be deemed to have been appointed to that office under this Law.

(2)           No power conferred by any other enactment on any person other than the Committee to make provision with respect to the marking of any food shall extend to the marking of such food with a statement of its quantity by weight or other measurement or by number.

ARTICLE 41

SHORT TITLE AND COMMENCEMENT

(1)           This Law may be cited as the Weights and Measures (Jersey) Law, 1967.

(2)           This Law shall come into force on such day as the States may by Act appoint and different days may be fixed for different purposes and different provisions of this Law.

SCHEDULES

FIRST SCHEDULE

(Article 7)

DEFINITIONS OF UNITS OF MEASUREMENT

PART I

MEASUREMENT OF LENGTH

 

Imperial Units.
1.	Mile	=	1760 yards.
	Furlong	=	220 yards.
	Chain	=	22 yards.
	YARD	=	0.9144 metre.
	Foot	=	1/3 yard.
	Inch	=	1/36 yard.
Jersey Units.
2.	Perche	=	22 Imperial feet.
	Pied de perche	=	11 Imperial inches.
Metric Units.
3.	Kilometre	=	1000 metres.
	METRE		shall have the meaning from time to time assigned by order by the Committee, being the meaning appearing to the Committee to reproduce in English the international definition of the metre in force at the date of the making of the order.
	Decimetre	=	1/10 metre.
	Centimetre	=	1/100 metre.
	Millimetre	=	1/1000 metre.

PART II

MEASUREMENT OF AREA

 

Imperial Units.
1.	Square mile	=	640 acres.
	Acre	=	4840 square yards.
	Rood	=	1210 square yards.
	SQUARE YARD	=	a superficial area equal to that of a square each side of which measures one yard.
	Square foot	=	1/9 square yard.
	Square inch	=	1/144 square foot.
Jersey Units.
2.	Vergée	=	40 perches carrés.
			(19,360 Imperial square feet).
	Perche carré	=	a superficial area equal to that of a square each side of which measures one perche.
			(484 Imperial square feet).
	Pied de perche carré	=	a superficial area equal to that of a square each side of which measures one pied de perch. (121 Imperial square inches).
Metric Units.
3.	Hectare	=	100 ares.
	Dekare	=	10 ares.
	Are	=	100 square metres.
	SQUARE METRE	=	a superficial area equal to that of a square each side of which measures one metre.
	Square decimetre	=	1/100 square metre.
	Square centimetre	=	1/100 square decimetre.
	Square millimetre	=	1/100 square centimetre.

PART III

MEASUREMENT OF VOLUME

 

Imperial Units
1.	CUBIC YARD	=	a volume equal to that of a cube each edge of which measures one yard.
	Cubic foot	=	1/27 cubic yard.
	Cubic inch	=	1/1728 cubic foot.
Metric Units.
2.	CUBIC METRE	=	a volume equal to that of a cube each edge of which measures one metre.
	Cubic decimetre	=	1/1000 cubic metre.
	Cubic centimetre	=	1/1000 cubic decimetre.

PART IV

MEASUREMENT OF CAPACITY

 

Imperial Units.
1.	GALLON	=	the space occupied by 10 pounds weight of distilled water of density 0.998 859 gramme per millilitre weighed in air of density 0.001 217 gramme per millilitre against weights of density 8.136 grammes per millilitre.
	Quart	=	1/4 gallon.
	Pint	=	1/2 quart.
	Gill	=	1/4 pint.
	Fluid ounce	=	1/20 pint.
2.	Fluid drachm	=	1/8 fluid ounce.
	Minim	=	1/60 fluid drachm.
Metric Units.
3.	Hectolitre	=	100 litres.
	LITRE		shall have the meaning from time to time assigned by order by the Committee being the meaning appearing to the Committee to reproduce in English the international definition of the litre in force at the date of the making of the order.
	Decilitre	=	1/10 litre.
	Centilitre	=	1/100 litre.
	Millilitre	=	1/1000 litre.

PART V

MEASUREMENT OF MASS OR WEIGHT

 

Imperial Units.
1.	Ton	=	2240 pounds.
	Hundredweight	=	112 pounds.
	Cental	=	100 pounds.
	Quarter	=	28 pounds.
	Stone	=	14 pounds.
	POUND	=	0.453 592 37 kilogramme.
	Ounce	=	1/16 pound.
	Dram	=	1/16 ounce.
	Grain	=	1/7000 pound.
2.	Ounce troy	=	480 grains.
34	Pennyweight	=	24 grains.
4.	Ounce apothecaries	=	480 grains.
	Drachm	=	1/8 ounce apothecaries.
	Scruple	=	1/3 drachm.
Metric Units.
5.	Metric ton	=	1000 kilogrammes.
	Quintal	=	100 kilogrammes.
	KILOGRAMME		shall have the meaning from time to time assigned by order by the Committee, being the meaning appearing to the Committee to reproduce in English the international definition of the kilogramme in force at the date of the making of the order.
	Hectogramme	=	1/10 kilogramme.
	Gramme	=	1/1000 kilogramme.
	Carat (metric)	=	1/5 gramme.
	Milligramme	=	1/1000 gramme.

PART VI

MEASUREMENT OF ELECTRICITY

1.             The following units of measurement, that is to say –

(a)     the Ampere (as the unit of measurement of electrical current) ;

(b)     the Ohm (as the unit of measurement of electrical resistance) ;

(c)     the Volt (as the unit of measurement of difference of electrical potential) ; and

(d)     the Watt (as the unit of measurement of electrical power),

shall have the meanings from time to time respectively assigned by order by the Committee, being the meanings appearing to the Committee to reproduce in English the international definition of the ampere, ohm, volt or watt, as the case may be, in force at the date of the making of the order.

 

2.	Kilowatt	=	1000 watts.
	Megawatt	=	one million watts.

 

SECOND SCHEDULE

(Articles 8 and 9)

MEASURES AND WEIGHTS LAWFUL FOR USE FOR TRADE

PART I

LINEAR MEASURES

 

Imperial system.
1.	Measure of –
	100 feet	5 feet
	66 feet	4 feet
	50 feet	1 yard
	33 feet	2 feet
	20 feet	1 foot
	10 feet	6 inches
	8 feet	1 inch
	6 feet
Metric system.
2.	Measures of –
	20 metres	1 metre
	10 metres	1 decimetre
	3 metres	1 centimetre
	2 metres

PART II

SQUARE MEASURES

Imperial system.

1.             Measures of, or of any multiple of, 1 square foot.

Metric system.

2.             Measures of, or of any multiple of, 1 square decimetre.

PART III

CUBIC MEASURES

Measures of, or of any multiple of, ¼ cubic yard.

PART IV

CAPACITY MEASURES

 

Imperial system.
1.	Measures of –
	any multiple of 1 gallon	1 gill
	1 gallon	4 fluid ounces
	gallon	gill
	1 quart	gill
	1 pint	gill
	Pint	gill
	8 fluid ounces	gill
	Pint	gill
	6 fluid ounces
2.	Measures of –
	4 fluid drachms	30 minims
	2 fluid drachms	10 minims
	1 fluid drachm
Metric system.
3.	Measures of –
	any multiple of 10 litres	100 millilitres
	10   litres	50 millilitres
	5   litres	25 millilitres
	litres	20 millilitres
	2   litres	10 millilitres
	1   litre	5 millilitres
	500   millilitres	2 millilitres
	250   millilitres	1 millilitre
	200   millilitres

PART V

WEIGHTS

 

Imperial system.
1.	Weights of –
	56 pounds	dram
	50 pounds	100 grains
	28 pounds	50 grains
	20 pounds	30 grains
	14 pounds	20 grains
	10 pounds	10 grains
	7 pounds	5 grains
	5 pounds	3 grains
	4 pounds	2 grains
	2 pounds	1 grain
	1 pound	0.5 grain
	8 ounces	0.3 grain
	4 ounces	0.2 grain
	2 ounces	0.1 grain
	1 ounce	0.05 grain
	8 drams	0.03 grain
	4 drams	0.02 grain
	2 drams	0.01 grain
	1 dram
2.	Weights of –
	500 ounces troy	0.4 ounce troy
	400 ounces troy	0.3 ounce troy
	300 ounces troy	0.2 ounce troy
	200 ounces troy	0.1 ounce troy
	100 ounces troy	0.05 ounce troy
	50 ounces troy	0.04 ounce troy
	40 ounces troy	0.03 ounce troy
	30 ounces troy	0.025 ounce troy
	20 ounces troy	0.02 ounce troy
	10 ounces troy	0.01 ounce troy
	5 ounces troy	0.005 ounce troy
	4 ounces troy	0.004 ounce troy
	3 ounces troy	0.003 ounce troy
	2 ounces troy	0.002 ounce troy
	1 ounce troy	0.001 ounce troy
	0.5 ounce troy
3.	Weights of –
	10 ounces apothecaries	1 drachm
	8 ounces apothecaries	2 scruples
	6 ounces apothecaries	scruples
	4 ounces apothecaries	1 scruple
	2 ounces apothecaries	scruple
	1 ounce apothecaries	6 grains
	4 drachms	4 grains
	2 drachms
45	Weights of –
	10 pennyweights	2 pennyweights
	5 pennyweights	1 pennyweights
	3 pennyweights
Metric system.
5.	Weights of –
	20 kilogrammes	500 milligrammes
	10 kilogrammes	200 milligrammes
	5 kilogrammes	100 milligrammes
	2 kilogrammes	50 milligrammes
	1 kilogramme	20 milligrammes
	500 grammes	10 milligrammes
	200 grammes	5 milligrammes
	100 grammes	2 milligrammes
	50 grammes	1 milligramme
	20 grammes
	10 grammes
	5 grammes
	2 grammes
	1 gramme
6.	Weights of –
	500 carats (metric)	1 carat (metric)
	200 carats (metric)	0.5 carat (metric)
	100 carats (metric)	0.25 carat (metric)
	50 carats (metric)	0.2 carat (metric)
	20 carats (metric)	0.1 carat (metric)
	10 carats (metric)	0.05 carat (metric)
	5 carats (metric)	0.02 carat (metric)
	2 carats (metric)	0.01 carat (metric)

 

THIRD SCHEDULE

(Article 20)

FOODS

PART I

MEAT AND FOOD CONTAINING MEAT

1.-(1)  This Part of this Schedule applies to food of any of the following descriptions, that is to say –

(a)     meat of any description, whether fresh, chilled, frozen, salted, cooked or processed ; and

(b)     any article which, though it also contains other food, consists substantially of meat ;

other than dripping, lard, meat paste and shredded suet.

(2)     In sub-paragraph (1) of this paragraph, the expression “meat” means any part of an animal of any of the following descriptions, that is to say, cattle, sheep and swine, but does not include sausage-meat in any form.

2.             Subject to paragraph 5 of this Part of this Schedule, any goods to which this Part of this Schedule applies which are not pre-packed shall be sold only –

(a)     by net weight ; or

(b)     if sold in a container which does not exceed the appropriate permitted weight specified in Table A of Part XII of this Schedule, either by net weight or by gross weight.

3.             Subject to paragraph 5 of this Part of this Schedule, any goods to which this Part of this Schedule applies shall be prepacked in a container which exceeds the appropriate permitted weight aforesaid only if the container is marked with an indication of quantity by net weight.

4.-(1)  Subject to paragraph 5 of this Part of this Schedule, this paragraph shall apply to any goods to which this Part of this Schedule applies pre-packed in a container which –

(a)     does not exceed the appropriate permitted weight aforesaid ; and

(b)     is not marked with an indication of quantity by net weight.

(2)     When sold otherwise than by retail, such goods shall be sold only by net weight or by gross weight.

(3)     When sold by retail, the quantity either by net weight or by gross weight of the goods sold shall be made known to the buyer before he pays for or takes possession of the goods.

5.             The following shall be exempted from all requirements of this Part of this Schedule, that is to say –

(a)     bath chaps, meat pies and meat puddings ; and

(b)     any other goods in a quantity of less than one ounce ;

and there shall be exempted from the requirements of paragraph 2 of this Part of this Schedule any sale at a purchase price of sixpence or less.

PART II

FISH, POULTRY AND SAUSAGE-MEAT

1.             This Part of this Schedule applies to food of any of the following descriptions, that it so say –

(a)     fish or poultry of any description, whether fresh, chilled, frozen, salted, cooked or processed ;

(b)     sausage-meat in any form, whether cooked or uncooked ;

(c)     any article which, though it also contains other food, consists substantially of fish, poultry or sausage-meat, being an article other than fish paste or poultry paste ;

and any reference in this Schedule to poultry includes a reference to any part of any poultry.

2.-(1)  Subject to paragraph 4 of this Part of this Schedule, this paragraph shall apply to any goods to which this Part of this Schedule applies which are not pre-packed in a container marked with an indication of quantity by net weight.

(2)     When sold otherwise than by retail such goods other than fish shall be sold only –

(a)     by net weight ; or

(b)     if sold in a container which does not exceed the appropriate permitted weight specified in Table B of Part XII of this Schedule, either by net weight or by gross weight.

(3)     When sold by retail, the quantity of the goods sold being –

(a)     quantity by net weight ; or

(b)     if the goods are sold in a container which does not exceed the appropriate permitted weight aforesaid, quantity either by net weight or by gross weight ;

shall be made known to the buyer before he pays for or takes possession of the goods.

3.             Subject to paragraph 4 of this Part of this Schedule, goods to which this Part of this Schedule applies shall be pre-packed in a container which exceeds the appropriate permitted weight aforesaid only if the container is marked with an indication of quantity by net weight.

4.-(1)  The following shall be exempted from all requirements of this Part of this Schedule, that is to say –

(a)     whole birds which –

(i)      being bled and plucked but uneviscerated, weigh less than two and a quarter pounds ; or

(ii)     being eviscerated and ready for cooking, but including any giblets sold therewith, weigh less than one and a half pounds ;

(b)     poultry pies ;

(c)     sausage rolls ;

(d)     any other goods in a quantity of less than one ounce.

(2)     The following shall be exempted from the requirements of paragraph 2 of this Part of this Schedule, that is to say –

(a)     cooked poultry ;

(b)     shellfish in shell, jellied fish, pickled fish and fried fish ;

(c)     any sale of fish made otherwise than from a market, shop, stall or vehicle ;

(d)     any sale of fish or poultry at a purchase price of sixpence or less ;

(e)     single cooked sausages not exceeding one pound in weight ;

(f)      sausage-meat products, whether cooked or uncooked, in any form other than that of sausages, when offered or exposed for sale as a single item in a quantity not exceeding one pound.

PART III

CHEESE

1.             In this Part of this Schedule the expression “cheese” includes processed cheese.

2.             Subject to paragraph 4 of this Part of this Schedule, on a sale by retail of any cheese other than cheese pre-packed in a container marked with an indication of quantity by net weight, the quantity of the cheese sold, being –

(a)     quantity by net weight ; or

(b)     if the cheese is sold in a container which does not exceed the appropriate permitted weight specified in Table B of Part XII of this Schedule, quantity either by net weight or by gross weight ;

shall be made known to the buyer before he pays for or takes possession of the cheese.

3.             Subject to paragraph 4 of this Part of this Schedule, cheese shall be pre-packed in a container which exceeds the appropriate permitted weight aforesaid only if the container is marked with an indication of quantity by net weight.

4.             The following shall be exempted from all requirements of this Part of this Schedule, that is to say –

(a)     pre-packed natural cheese which is not of Cheddar or Cheshire type ;

(b)     any cheese in a quantity of less than one ounce.

PART IV

BREAD

1.             In this Part of this Schedule –

(a)     the expression “bread” means bread in any form other than breadcrumbs and includes the following, and any part of any of the following, that is to say, fancy loaves and milk loaves;

(b)     the expression “loaf” includes a roll and a bap; and for the purposes of this Law any pre-packed sliced bread shall be deemed to be a whole loaf of bread and the pre-packing of sliced bread in any quantity by net weight shall be deemed to be the making for sale of a whole loaf of bread of that net weight.

2.             Bread of any description other than a whole loaf shall be sold only by net weight :

Provided that there shall be exempted from the requirements of this paragraph any bread in a quantity of ten ounces or less.

3.             A whole loaf of bread of a net weight exceeding ten ounces shall be made for sale only if it is of a net weight of fourteen ounces or a multiple of fourteen ounces :

Provided that there shall be exempted from the requirements of this paragraph any sale in pursuance of a contract for the supply of bread for consumption on the premises of the buyer if the contract provides for each delivery of bread thereunder to be of a specified aggregate quantity of not less than fifty-six pounds and for the weighing of the bread on delivery.

PART V

MILK

1.             In this Part of this Schedule, the expression “milk” means cows’ milk in any liquid form other than that of condensed milk (including evaporated milk) or of cream.

2.             Milk which is not pre-packed shall be sold only by capacity measurement or by net weight.

3.             Milk shall be pre-packed only if –

(a)     it is made up in a quantity of one third of a pint, half a pint or a multiple of half a pint ; and

(b)     the container is marked with an indication of quantity by capacity measurement.

4.             If in the case of any pre-packed milk its container is clearly and conspicuously marked with a statement in writing that it is not for sale otherwise than by means of a vending machine, then, notwithstanding that the milk is made up in a quantity other than one of those specified in sub-paragraph (a) of paragraph 3 of this Part of this Schedule, a person shall not by reason only of that fact be guilty of an offence under paragraph (2) of Article 21 of this Law –

(a)     in respect of a sale of that milk by that or any other person if the sale –

(i)      is at the price of sixpence by means of a vending machine ; or

(ii)     is otherwise than by retail ; or

(b)     in respect of the possession of that milk by that or any other person if the milk is shown to be in that possession –

(i)      for sale at the price aforesaid by means of a vending machine which complies with paragraph 5 of this Part of this Schedule ; or

(ii)     for sale otherwise than by retail ; or

(iii)    for delivery after sale otherwise than by retail.

5.             Milk shall be sold by means of, or offered or exposed for sale in, a vending machine only if there is displayed on or in the machine –

(a)     an indication of the quantity by capacity measurement of the milk comprised in each item for sale by means of that machine ; and

(b)     except where the machine is on premises at which the seller carries on business, a statement of the name and address of the seller.

PART VI

INTOXICATING LIQUOR

1.             In this Part of this Schedule –

(a)     the expression “beer” includes ale, porter, stout, black beer and any other description of beer, and any liquor which is made or sold as a description of beer or as a substitute for beer and which on analysis of a sample thereof at any time is found to be of a strength exceeding two degrees of proof, but does not include liquor made elsewhere than on the licensed premises of a brewer which on analysis of a sample at any time is found to be of an original gravity not exceeding one thousand and sixteen degrees and to be of a strength not exceeding two degrees of proof ;

(b)     the expression “black beer” means beer of the description called or similar to black beer, mum, spruce beer, or Berlin white beer, and any other preparation, whether fermented or not, of a similar character ;

(c)     the expression “cider” includes perry.

2.             Subject to the provisions of paragraph 4 of this Part of this Schedule, unless pre-packed in a securely closed container and except when sold as a constituent of a mixture of two or more liquids, beer or cider shall be sold by retail –

(a)     only in a quantity of one-third of a pint, half a pint or a multiple of half a pint ; and

(b)     where sold for consumption on the premises of the seller, only in a capacity measure of the quantity in question.

3.             Subject to the provisions of paragraph 4 of this Part of this Schedule, unless pre-packed as aforesaid, intoxicating liquor of any of the following descriptions, that is to say, gin, rum, vodka, whisky, cognac and brandy, shall be sold by retail for consumption on the premises at which it is sold only in, or in a multiple of, one fifth of a gill, and where served at a bar, the intoxicating liquor shall be measured in the view of the person to whom the intoxicating liquor is supplied :

Provided that any such liquor as aforesaid shall be exempted from the requirements of this paragraph when it forms a constituent of a mixture of three or more liquids.

4.             Paragraphs 2 and 3 of this Part of this Schedule shall not apply to premises in respect of which a licence of the fifth category is held under the Licensing (Jersey) Law, 1950.6

5.             Intoxicating liquor of any description shall be pre-packed in a closed container only if the container is marked with an indication of quantity by capacity measurement :

Provided that there shall be exempted from the requirements of this paragraph –

(a)     wine ;

(b)     any other liquor in a quantity of less than three fluid ounces or more than one gallon.

6.             Without prejudice to the provisions of Article 21 of this Law, if sub-paragraph (b) of paragraph 2 of this Part of this Schedule is contravened, the occupier of the premises in question shall be guilty of an offence.

PART VII

FRESH FRUITS AND VEGETABLES

1.             References in this Part of this Schedule to fruits or vegetables of any description are references to food consisting of such fruits or vegetables either –

(a)     in the state in which they were harvested ; or

(b)     in the said state apart from cleaning or trimming ; or

(c)     in the case of beetroots, in the said state apart from having been cooked ; or

(d)     in the case of peas, in the said state apart from having been shelled.

2.             Subject to paragraph 6 of this Part of this Schedule, potatoes –

(a)     unless pre-packed, shall be sold by retail only by net weight ;

(b)     shall be pre-packed only if –

(i)      they are made up in one of the following quantities by net weight, that is to say, eight ounces, twelve ounces, one pound, one and a half pounds or a multiple of one pound ; and

(ii)     the container is marked with an indication of quantity by net weight.

3.-(1)  Subject to paragraph 6 of this Part of this Schedule, this paragraph applies to –

(a)     beans, brussels sprouts, brussels tops, curly kale, peas, spinach, spring greens, sprouting broccoli and turnip tops;

(b)     produce of any one or more of the following descriptions (hereafter in this paragraph referred to as “soft fruits”), that is to say, bilberries, blackberries, blackcurrants, brambles, cherries, cranberries, gooseberries, loganberries, mulberries, raspberries, redcurrants, strawberries and whitecurrants ;

(c)     mushrooms ;

(d)     produce of any one or more of the following descriptions (hereafter in this paragraph referred to as “countable produce”), that is to say, apples, apricots, bananas, beetroots, carrots, corn on the cob, greengages, leeks, mandarines, nectarines, onions (other than spring onions), oranges, parsnips, peaches, pears, plums, shallots, swedes, tangerines, tomatoes and turnips.

(2)     On a sale by retail of any goods to which this paragraph applies which are not pre-packed in a container marked with an indication of quantity by net weight or, in the case of countable produce, either by net weight or by number, the quantity of the goods sold, being –

(a)     quantity by net weight or, in the case of countable produce, quantity either by net weight or by number or

(b)     if the goods are sold in a container which does not exceed the appropriate permitted weight specified, in the case of soft fruits or mushrooms, in Table C or, in any other case, in Table B of Part XII of this Schedule, quantity either by net weight or by gross weight,

shall be made known to the buyer before he pays for or takes possession of the goods.

(3)     Goods to which this paragraph applies shall be pre-packed in a container which exceeds the appropriate permitted weight aforesaid only if the container is marked with an indication of quantity, being –

(a)     quantity by net weight ; or

(b)     in the case of countable produce, quantity either by net weight or by number.

4.-(1)  Where fruits or vegetables of any description specified in paragraph 2 or 3 of this Part of this Schedule have been divided into pieces or have had part thereof removed or both, then, subject to paragraph 6 of this Part of this Schedule, this paragraph shall apply to any food consisting of, or including, any part of any of those fruits or vegetables which has not been subjected to any further process.

(2)     On a sale by retail of any goods to which this paragraph applies which are not pre-packed in a container marked with an indication of quantity by net weight, the quantity of the goods sold, being –

(a)     quantity by net weight ; or

(b)     if the goods are sold in a container which does not exceed the appropriate permitted weight specified in Table B of Part XII of this Schedule, quantity either by net weight or by gross weight,

shall be made known to the buyer before he pays for or takes possession of the goods.

(3)     Goods to which this paragraph applies shall be pre-packed in a container which exceeds the appropriate permitted weight aforesaid only if the container is marked with an indication of quantity by net weight.

5.             Paragraph (3) of Article 32 of this Law shall apply to any requirement of paragraph 3 or 4 of this Part of this Schedule with respect to the making known to the buyer of the quantity by gross weight of pre-packed goods to which that paragraph applies in like manner as if provision to that effect had been made by an order under the said paragraph (3), but the power of the Committee to vary or revoke any order under that paragraph shall extend to the amendment or repeal of this paragraph.

6.             The following shall be exempted from any requirement of paragraph 2 or 3 of this Part of this Schedule which would otherwise apply thereto, that is to say –

(a)     goods pre-packed in the same container with other goods to which none of those requirements applies ;

(b)     goods pre-packed in the same container with goods of two or more other descriptions to which some requirement of this Part of this Schedule would otherwise apply ;

(c)     a pre-packed collection of not more than eight articles of countable produce within the meaning of paragraph 3 of this Part of this Schedule, if the container is such that all the articles can be clearly seen by a prospective purchaser ;

(d)     bunched carrots, bunched beetroots and bunched turnips,

and there shall be exempted from all requirements of this Part of this Schedule any goods in a quantity of less than one ounce.

7.-(1)  Where at any premises other than a vehicle or ship any goods to which paragraph 2 or 3 of this Part of this Schedule applies have been sold by weight when made up in a container, and the sale is otherwise than by retail, the buyer may require all or any of the following weighings to be carried out at those premises, that is to say –

(a)     a weighing of that container while the goods are therein ;

(b)     a weighing of that container after the removal of the goods therefrom ;

(c)     a weighing of a similar container which is empty,

and thereupon the seller shall either carry out or permit the buyer to carry out the weighing or weighings so required ; and if the seller fails without reasonable cause so to do he shall be guilty of an offence.

(2)     The occupier of any premises at which any goods to which the said paragraph 2 or 3 applies are made up in a container for sale by weight otherwise than by retail, or of any premises (other than a vehicle or ship) at which such goods so made up are so sold, shall provide suitable weighing equipment and make that equipment available for any weighing or weighings required under the foregoing sub-paragraph to be carried out at those premises ; and if he fails without reasonable cause to comply with any of the requirements of this sub-paragraph he shall be guilty of an offence.

PART VIII

MISCELLANEOUS FOODS TO BE SOLD BY OR MARKED WITH NET WEIGHT AND TO BE PRE-PACKED ONLY IN FIXED QUANTITIES

1.             This Part of this Schedule applies to the following foods, that is to say –

(a)     cereal breakfast foods in flake form, other than cereal biscuit breakfast foods ;

(b)     tea, cocoa (including cocoa powder and chocolate powder) and coffee (including coffee beans, coffee powders of all kinds, ground coffee and mixtures of coffee and chicory other than such mixtures in the form of liquid essences) ;

(c)     honey, other than chunk honey ;

(d)     jam and marmalade, other than diabetic jam or marmalade ;

(e)     jelly preserves ;

(f)      molasses, syrup and treacle ;

(g)     salt, other than cut lump salt ;

(h)     sugar of the following descriptions, that is to say, caster, granulated, cube and icing ;

(j)      dried vegetables of any of the following descriptions, that is to say, beans, lentils and peas (including split peas) ;

(k)     barley kernels, pearl barley, rice (including ground rice and rice flakes), sago, semolina and tapioca ;

(l)      flour of bean, maize, oats, pea, rice, rye, soya bean or wheat ;

(m)    flour products of any of the following descriptions, that is to say –

(i)      cake flour, other than cake mixtures and sponge mixtures ;

(ii)     cornflour, other than blancmange powders and custard powders ;

(iii)    macaroni and similar products ;

(iv)    self-raising flour.

2.             Subject to paragraph 4 of this Part of this Schedule, goods to which this Part of this Schedule applies which are not pre-packed shall be sold by retail only by net weight.

3.             Subject to paragraph 4 of this Part of this Schedule, goods to which this Part of this Schedule applies shall be pre-packed only if –

(a)     they are made up in one of the following quantities by net weight, that is to say, one, two, four, eight or twelve ounces, one pound, one and a half pounds, or a multiple of one pound ; and

(b)     the container is marked with an indication of quantity by net weight.

4.             There shall be exempted from all requirements of paragraphs 2 and 3 of this Part of this Schedule –

(a)     honey in comb ;

(b)     any other goods in a quantity of less than half an ounce ; and there shall be exempted from the requirements of sub-paragraph (a) of the said paragraph 3 cereal breakfast foods pre-packed in a quantity not exceeding one and a quarter ounces, and dried vegetables pre-packed in a quantity not exceeding three ounces.

PART IX

MISCELLANEOUS FOODS TO BE PRE-PACKED ONLY WHEN MARKED WITH NET WEIGHT AND IN FIXED QUANTITIES AND TO BE OTHERWISE SOLD BY NET WEIGHT OR GROSS WEIGHT

1.             This Part of this Schedule applies to the following foods, that is to say –

(a)     butter, compound cooking fat, dripping, lard, margarine, shredded suet and any mixture of butter and margarine ;

(b)     dried fruits of any one or more of the following descriptions, that is to say, apples (including dried apple rings), apricots, currants, dates, figs, muscatels, nectarines, peaches, pears (including dried pear rings), prunes, raisins and sultanas ;

(c)     dried fruit salad ;

(d)     oatflakes, oatmeal and rolled oats ;

(e)     sugar, other than caster, granulated, cube or icing sugar.

2.             Subject to paragraph 4 of this Part of this Schedule, goods to which this Part of this Schedule applies which are not pre-packed shall be sold by retail only –

(a)     by net weight ; or

(b)     if sold in a container which does not exceed the appropriate permitted weight specified, in the case of any of the foods mentioned in sub-paragraph (a) of the foregoing paragraph, in Table A or, in any other case, in Table B of Part XII of this Schedule, either by net weight or by gross weight.

3.             Subject to paragraph 4 of this Part of this Schedule, goods to which this Part of this Schedule applies shall be pre-packed only if –

(a)     they are made up in one of the following quantities, that is to say, two, four, eight or twelve ounces, one pound, one and a half pounds, or a multiple of one pound ; and

(b)     the container is marked with an indication of quantity,

being in each case quantity by net weight.

4.             There shall be exempted from all requirements of this Part of this Schedule any goods in a quantity of less than one ounce.

PART X

MISCELLANEOUS FOODS TO BE MARKED WHEN PRE-PACKED WITH QUANTITY BY NUMBER

1.             This Part of this Schedule applies to foods of any of the following descriptions, that is to say –

(a)     cereal biscuit breakfast foods, other than foods in the case of which none of the biscuits weighs more than one-third of an ounce ;

(b)     fruit preservative tablets, rennet tablets, saccharin tablets, soft drink tablets and sweetening tablets ;

(c)     shell eggs ;

(d)     vanilla pods.

2.             Goods to which this Part of this Schedule applies shall be pre-packed only if the container is marked with an indication of quantity by number :

Provided that there shall be exempted from the requirements of this paragraph –

(a)     shell eggs pre-packed in a quantity of not more than six, if the container is such that all the eggs can be clearly seen by a prospective purchaser ;

(b)     any goods in a quantity by number of one.

PART XI

OTHER PRE-PACKED FOODS

1.             This Part of this Schedule applies to foods of any description which are not goods –

(a)     required by or under any other provision of this Law to be pre-packed only if the container is marked with an indication of quantity ; or

(b)     in the case of which when sold pre-packed (whether on any sale or on a sale of any particular description) the quantity of the goods sold expressed in a particular manner is required by or under any other provision of this Law to be made known to the buyer at or before a particular time ; or

(c)     expressly exempted by any such provision from all such requirements which would otherwise apply thereto.

2.             Subject to paragraph 3 of this Part of this Schedule, goods to which this Part of this Schedule applies shall be pre-packed only if the container is marked with an indication of quantity either by net weight or by capacity measurement.

3.             The following shall be exempted from the requirements of this Part of this Schedule, that is to say –

(a)     biscuits in a quantity of less than four ounces ;

(b)     bread within the meaning of Part IV of this Schedule ;

(c)     condensed milk (including evaporated milk) and dried milk ;

(d)     flour confectionery (except when consisting of or including uncooked pastry) including bun loaves, fruit loaves, malt loaves and fruited malt loaves ;

(e)     any of the following other than dates, that is to say, fruits or vegetables of any description, being fruits or vegetables –

(i)      in the state in which they were harvested ; or

(ii)     in the said state apart from cleaning or trimming ;

and, in the case of fruits or vegetables in such a state which have been divided into pieces or have had part thereof removed or both, any part of any of those fruits or vegetables which has not been subjected to any further process ;

(f)      hops;

(g)     iced lollies and water ices ;

(h)     micro-biological preparations for addition to food ;

(j)      shortbread in a quantity of less than four ounces or in pieces each of which weighs eight ounces or more ;

(k)     single toffee apples ;

(l)      soft drinks of any description in a syphon or in a quantity of less than five fluid ounces ;

(m)    sugar and chocolate confectionery of any of the following descriptions, that is to say –

(i)      Easter eggs ;

(ii)     figurines of chocolate or of sugar ;

(iii)    rock or barley sugar in sticks or novelty shapes ;

(iv)    single article weighing less than three ounces ;

(v)     a collection of articles each of which is either an article such as is mentioned in clause (i), (ii), (iii) or (iv) of this sub-paragraph or an article in a container marked with an indication of quantity by net weight ;

(n)     goods of any other description in a quantity of less than one ounce or of less than one fluid ounce.

PART XII

TABLES OF PERMITTED WEIGHTS FOR CONTAINERS

 

TABLE A.
Gross weight	Permitted weight of container
Not exceeding 1 lb....................................	2½ drams
Exceeding 1 lb..........................................	a weight at the rate of 2½ drams per lb. of the gross weight
TABLE B.
Gross weight	Permitted weight of container
Not exceeding 1 lb.....................................	4½ drams
	a weight at the rate of the following weight per lb. of the gross weight –
Exceeding 1 lb. but not exceeding 2 lb......	4 drams
Exceeding 2 lb. but not exceeding 4 lb......	3 drams
Exceeding 4 lb...........................................	2½ drams
TABLE C.
Gross weight	Permitted weight of container
	a weight at the rate of the following weight per lb. of the gross weight –
Not exceeding 8 oz....................................	2 oz.
Exceeding 8 oz. but not exceeding 2 lb.....	1¾ oz.
Exceeding 2 lb. but not exceeding 6 lb.....	1½ oz.
Exceeding 6 lb...........................................	1 oz.

 

FOURTH SCHEDULE

(Article 20)

BALLAST

PART I

GENERAL PROVISIONS

1.             In this Schedule, the expression “ballast” means any of the following materials, that is to say –

(a)     gravel, not including sea gravel ;

(b)     granite chippings, limestone chippings, slate chippings and other stone chippings (including such materials which have been coated with tar, bitumen or cement).

2.             Subject to paragraph 3 of this Part of this Schedule, ballast shall be sold only by volume in a multiple of half a cubic yard or by net weight.

3.             There shall be exempted from the requirements of paragraph 2 of this Part of this Schedule –

(a)     ballast in a quantity both less than one ton and less than one cubic yard ;

(b)     any sale with a view to its industrial use of ballast of any description mentioned in paragraph 1(b) of this Part of this Schedule ;

(c)     any sale in the case of which the buyer is to take delivery in or from a ship ;

(d)     any sale as a whole of ballast produced in the demolition or partial demolition of a building where the buyer is responsible for the removal of the ballast from the site of the building ;

(e)     any sale in the state in which it was produced of clinker or ashes produced as a by-product, or of any other ballast produced as a casual product, of the carrying on of an industrial process on any premises where the buyer is responsible for the removal of the ballast from those premises.

4.             Without prejudice to Article 13 of this Law, no article shall be used for trade as a cubic measure of ballast other than a receptacle (which may, if so desired, form part of a vehicle) which conforms with such requirements as to form, capacity, calibration and other matters as may be prescribed ; and any person who uses for trade, or has in his possession for use for trade, as a cubic measure of ballast any article other than such a receptacle as aforesaid shall be guilty of an offence.

5.             In measuring any ballast against a calibration mark on such a receptacle as aforesaid, the ballast shall be filled into all parts of the receptacle as far as, and be levelled off against, that calibration mark as nearly as the nature of the ballast will permit ; and where any ballast is measured for purposes of trade in such a receptacle, any person who –

(a)     being the person carrying out the measuring, fails so to level off the ballast when it is loaded into the receptacle ; or

(b)     causes or permits a heaped load to be sent out in the receptacle,

shall be guilty of an offence.

PART II

CARRIAGE OF BALLAST BY ROAD

1.             The provisions of this Part of this Schedule shall have effect with respect to the carriage of ballast by a vehicle on a journey any part of which is along a highway.

2.-(1)  If any of the ballast is being carried for delivery to a buyer in pursuance of, or of an agreement for, a sale thereof and paragraph 2 of Part I of this Schedule applies to the sale, the following provisions of this paragraph shall have effect with respect to that ballast.

(2)     There shall, before the journey begins, be delivered to the person in charge of the vehicle a document signed by or on behalf of the seller stating –

(a)     the name and address of the seller ;

(b)     the name of the buyer, and the address of the premises to which the ballast is being delivered ;

(c)     the type of the ballast ;

(d)     subject to sub-paragraph (4) of this paragraph, the quantity of the ballast either by net weight or by volume ;

(e)     sufficient particulars to identify the vehicle ; and

(f)      the place, date and time of the loading of the ballast in the vehicle.

(3)     Where the quantity of the ballast is stated in the document aforesaid by volume, the ballast shall be carried on the vehicle only in such a receptacle as is mentioned in paragraph 4 of Part I of this Schedule.

(4)     The statement referred to in sub-paragraph (2)(d) of this paragraph shall not be required at any time while the vehicle is travelling between the place where it was loaded and the nearest suitable and available weighing equipment if the whole of the vehicle’s load is being delivered to the same person at the same premises and the document aforesaid states that the quantity of the ballast is to be expressed by net weight determined by means of that equipment and specifies the place at which the equipment is situated.

(5)     In any case to which sub-paragraph (4) of this paragraph applies, the person in charge of the vehicle at the time when the net weight of the ballast is determined shall forthwith add to the document aforesaid a statement of that net weight, and if he fails so to do he shall be guilty of an offence.

(6)     If any of the provisions of sub-paragraph (2) or (3) of this paragraph is contravened, the seller shall be guilty of an offence.

(7)     If the vehicle is carrying ballast as mentioned in sub-paragraph (1) of this paragraph for delivery to each of two or more persons, sub-paragraphs (1) to (3) of this paragraph shall apply separately in relation to each of those persons:

Provided that this sub-paragraph shall not be construed as prohibiting the use of the same receptacle such as is mentioned in the said sub-paragraph (3) for the carriage of ballast for delivery to two or more different persons.

3.             If all or any of the ballast on the vehicle is being carried in such circumstances that paragraph 2 of this Part of this Schedule does not apply thereto, there shall before the journey begins be delivered to the person in charge of the vehicle a document containing a statement to that effect signed by or on behalf of the person causing that ballast to be carried and giving the name and address of the last-mentioned person, and if this paragraph is contravened the last-mentioned person shall be guilty of an offence:

Provided that this paragraph shall not apply where all the ballast in the vehicle is being carried in such circumstances as aforesaid and is being so carried in a container which does not form part of the vehicle.

4.             Any document required by paragraph 2 or 3 of this Part of this Schedule shall at all times during the journey be carried by the person for the time being in charge of the vehicle and shall be handed over by him to any other person to whom he hands over the charge of the vehicle in the course of the journey; and in the case of any document such as is mentioned in the said paragraph 2, on the unloading of the ballast to which the document relates at the premises to which that ballast is to be delivered –

(a)     before any of that ballast is so unloaded, the document shall be handed over to the buyer; or

(b)     if the document cannot be so handed over by reason of the absence of the buyer, it shall be left at some suitable place at those premises;

and if at any time any of the provisions of this paragraph is contravened without reasonable cause, the person in charge of the vehicle at that time shall be guilty of an offence.

5.             In the case of any document such is as mentioned in paragraph 2 of this Part of this Schedule, if at any time during the journey or on unloading at the place of delivery the quantity of the ballast to which the document relates is found to be less than that stated in the document, the statement shall nevertheless be deemed for the purposes of this Law to be correct if, but only if, it is proved that the deficiency is solely attributable to the draining away of normal moisture from, or the consolidation of, the ballast during the journey.

FIFTH SCHEDULE

(Article 20)

SOLID FUEL

PART I

GENERAL

1.             This Schedule applies to goods of any of the following descriptions (in this Schedule referred to as “solid fuel”), that is to say, coal, coke and any solid fuel derived from coal or of which coal or coke is a constituent.

2.-(1)  Subject to sub-paragraph (2) of this paragraph, solid fuel shall be sold only by net weight.

(2)     There shall be exempted from the requirements of sub-paragraph (1) of this paragraph –

(a)     briquettes in a quantity not exceeding fourteen pounds;

(b)     any solid fuel pre-packed in a securely closed container marked with an indication of quantity by net weight.

3.-(1)  Subject to sub-paragraph (2) of this paragraph, solid fuel shall be made up in a container for sale or for delivery after sale only if –

(a)     it is made up in one of the following quantities by net weight, that is to say, seven, fourteen, twenty-eight or fifty-six pounds, one hundredweight or a multiple of one hundredweight; and

(b)     the container is marked with an indication of quantity by net weight.

(2)     There shall be exempted from all the requirements of sub-paragraph (1) of this paragraph any solid fuel made up in a container only for ease of handling as part of the load of a vehicle or ship where the whole of that load so far as it consists of solid fuel is being delivered to a single buyer; and there shall be exempted from the requirements of clause (a) of that sub-paragraph any solid fuel pre-packed in a quantity not exceeding sixty pounds in a securely closed container.

4.             Solid fuel shall be sold by means of, or offered or exposed for sale in, a vending machine only if there is displayed on or in the machine –

(a)     an indication of the quantity by net weight of the fuel comprised in each item for sale by means of that machine; and

(b)     except where the machine is on premises at which the seller carries on business, a statement of the name and address of the seller.

5.             The Committee may make orders for any of the following purposes, that is to say –

(a)     for securing that on any premises on or from which solid fuel available for purchase in a quantity of two hundredweight or less is sold or kept or exposed for sale there is displayed a notice specifying the price of the fuel; and

(b)     for prohibiting the sale on or from any such premises of any such fuel at a higher price than that so displayed in relation to that fuel.

6.             Any person who with intent to defraud or deceive damps any solid fuel shall be guilty of an offence.

PART II

CARRIAGE OF SOLID FUEL BY ROAD

1.             This Part of this Schedule shall have effect with respect to the carriage by a vehicle on a journey any part of which is along a highway of any soild fuel required by paragraph 2 of Part I of this Schedule to be sold only by net weight (in this Part of this Schedule referred to as “relevant goods”).

2.-(1)  If the vehicle is carrying any relevant goods for delivery to a buyer in pursuance of, or of an agreement for, a sale of a quantity exceeding two hundredweight, then, subject to sub-paragraph (5) of this paragraph, there shall before the journey begins be delivered to the person in charge of the vehicle a document signed by or on behalf of the seller stating –

(a)     the name and address of the seller;

(b)     the name of the buyer and the address of the premises to which the goods to which the document relates are being delivered;

(c)     the type of the said goods;

(d)     subject to sub-paragraph (2) of this paragraph, the aggregate net weight of the said goods; and

(e)     where any of the said goods are made up in containers –

(i)      the number of those containers; and

(ii)     except where the whole of the relevant goods carried on the vehicle are for delivery to a single buyer, the net weight of the goods in each of those containers;

and if this sub-paragraph is contravened, the seller shall be guilty of an offence.

(2)     Where the whole of the vehicle’s load consists of relevant goods not made up in containers and is being delivered to the same person at the same premises, the statement referred to in sub-paragraph (1)(d) of this paragraph shall not be required at any time while the vehicle is travelling between the place where it was loaded and the nearest suitable and available weighing equipment if the document aforesaid states that the quantity of the relevant goods is to be expressed by net weight determined by means of that equipment and specifies the place at which the equipment is situated.

(3)     In any case to which sub-paragraph (2) of this paragraph applies, the person in charge of the vehicle at the time when the net weight of the relevant goods is determined shall forthwith add to the document aforesaid a statement of that net weight, and if he fails so to do he shall be guilty of an offence.

(4)     If the vehicle is carrying relevant goods to which sub-paragraph (1) of this paragraph applies for delivery to each of two or more buyers –

(a)     that sub-paragraph shall apply separately in relation to each of those buyers; and

(b)     the relevant goods for delivery to each respectively of those buyers shall be carried on the vehicle made up separately in containers or in separate compartments;

and if paragraph (b) of this sub-paragraph is contravened the seller shall be guilty of an offence:

Provided that the said paragraph (b) shall not apply where the vehicle is constructed or adapted for the mechanical making up in containers of the fuel carried thereon and incorporates weighing equipment approved by the Committee for that purpose.

(5)     Sub-paragraph (1) of this paragraph shall not apply to any goods which to the knowledge of the seller are to be loaded into a ship before their delivery to the buyer.

3.             If all or any of the relevant goods on the vehicle are being carried in such circumstances that sub-paragraph (1) of paragraph 2 of this Part of this Schedule does not apply, there shall, before the journey begins, be delivered to the person in charge of the vehicle a document signed by or on behalf of the person causing the goods to be carried giving the name and address of the last-mentioned person and containing a statement to the effect that all or part of the relevant goods on the vehicle are goods to which the said sub-paragraph (1) does not apply, and if this paragraph is contravened the last-mentioned person shall be guilty of an offence:

Provided that this paragraph shall not apply where the total quantity of the relevant goods carried on the vehicle does not exceed two hundredweight.

4.             Any document required by paragraph 2 or 3 of this Part of this Schedule shall at all times during the journey be carried by the person for the time being in charge of the vehicle and shall be handed over by him to any other person to whom he hands over the charge of the vehicle in the course of the journey; and in the case of any document such as is mentioned in the said paragraph 2, on the unloading of the goods to which the document relates at the premises to which those goods are to be delivered –

(a)     before any of those goods are so unloaded, the document shall be handed over to the buyer; or

(b)     if the document cannot be so handed over by reason of the absence of the buyer, it shall be left at some suitable place at those premises;

and if at any time any of the requirements of this paragraph is contravened without reasonable cause, the person in charge of the vehicle at that time shall be guilty of an offence.

SIXTH SCHEDULE

(Article 20)

MISCELLANEOUS GOODS OTHER THAN FOODS

PART I

LIQUID FUEL AND LUBRICANTS

1.             This Part of this Schedule applies to –

(a)     liquid fuel, lubricating oil and any mixture of such fuel and oil; and

(b)     lubricating grease.

2.             Subject to paragraph 3 of this Part of this Schedule, goods to which this Part of this Schedule applies –

(a)     unless pre-packed, shall be sold only by net weight or by capacity measurement;

(b)     shall be pre-packed only if the container is marked with an indication of quantity either by net weight or by capacity measurement;

(c)     in the case of lubricating oil in a quantity of one quart or less, shall be made up in a container for sale otherwise than by way of pre-packing only if the container is marked with an indication of quantity by capacity measurement.

3.             Notwithstanding anything in paragraph 2 of this Part of this Schedule, liquid fuel –

(a)     when not pre-packed may be sold by volume; and

(b)     may be pre-packed in a container marked with an indication of quantity by volume,

being in either case the volume of the gas which would be produced from the fuel in question at such temperature and such atmospheric pressure as are specified in orders with respect to fuel of the type in question or, if no such orders are in force, as may be made known by the seller to the buyer before he pays for or takes possession of the fuel; and there shall be exempted from all requirements of the said paragraph 2 goods of any description in a quantity of less than half a pound or of less than half a pint.

PART II

READY-MIXED CEMENT MORTAR AND READY-MIXED CONCRETE

1.             This Part of this Schedule applies to ready-mixed cement mortar and ready-mixed concrete.

2.             Any goods to which this Part of this Schedule applies shall be sold only by volume in a multiple of a quarter of a cubic yard:

Provided that there shall be exempted from the requirements of this paragraph any goods in a quantity of less than one cubic yard.

3.             Part II of the Fourth Schedule to this Law, except sub-paragraph (3) of paragraph 2 thereof, shall apply for the purposes of this Part of this Schedule as if –

(a)     any reference to the said Part II to ballast included a reference to goods to which this Part of this Schedule applies; and

(b)     the reference in sub-paragraph (1) of the said paragraph 2 to paragraph 2 of Part I of the said Fourth Schedule were a reference to paragraph 2 of this Part of this Schedule.

PART III

AGRICULTURAL LIMING MATERIALS, AGRICULTURAL SALT AND INORGANIC FERTILISERS

1.             This Part of this Schedule applies –

(a)     to agricultural liming materials, other than calcareous sand;

(b)     to agricultural salt;

(c)     to, and to any mixture consisting mainly of, inorganic fertilisers, other than such fertilisers or such a mixture made up into pellets or other articles for use as individual items; and

(d)     to any mixture of any of the foregoing.

2.-(1)  Goods to which this Part of this Schedule applies which are not pre-packed, other than liquid fertilisers, shall be sold only by quantity, being –

(a)     quantity by net weight; or

(b)     if the goods are sold in a container which does not exceed the permitted weight and the gross weight of the goods is not less than fifty-six pounds, quantity either by net weight or by gross weight; or

(c)     quantity by volume.

(2)     Goods to which this Part of this Schedule applies shall be pre-packed only if the container is marked with an indication of quantity, being –

(a)     in the case of liquid fertilisers, quantity by capacity measurement;

(b)     in any other case, quantity by net weight or, if the container does not exceed the permitted weight and the gross weight of the goods is not less than fifty-six pounds, quantity either by net weight or by gross weight.

(3)     In this paragraph, the expression “permitted weight” means a weight at the rate of twenty-four ounces per hundredweight of the gross weight.

(4)     There shall be exempted from all requirements of this paragraph any sale of goods with a view to their industrial use.

3.             Paragraphs 4 and 5 of Part I of the Fourth Schedule to this Law shall have effect as if any reference therein to ballast included a reference to any goods to which this Part of this Schedule applies.

PART IV

WOOD FUEL

1.             Subject to paragraph 2 of this Part of this Schedule –

(a)     wood fuel which is not made up in a container for sale shall be sold by retail only by net weight;

(b)     in the case of a sale by retail of wood fuel made up in a container for sale, the quantity by net weight of the fuel sold shall be made known to the buyer before he pays for or takes possession of it.

2.             There shall be exempted from the requirements of paragraph 1 of this Part of this Schedule any sale of wood fuel in a quantity which does not exceed fourteen pounds or which exceeds half a ton.

3.             Paragraphs 5 and 6 of Part I of the Fifth Schedule to this Law shall have effect as if any reference therein to solid fuel included a reference to wood fuel.

PART V

PERFUMERY AND TOILET PREPARATIONS

1.             This Part of this Schedule applies to goods of any of the following descriptions, that is to say –

(a)     perfumes and toilet waters;

(b)     other toilet preparations for use on the hair or scalp of human beings;

(c)     other toilet preparations for external use on any other part of the human body; and

(d)     dentifrices,

whether in liquid, solid or any other form including any such goods which are medicated but are not pharmaceutical preparations, but excluding soap in any form.

2.             Goods to which this Part of this Schedule applies shall be pre-packed only if the container is marked with an indication of quantity either by net weight or by volume:

Provided that there shall be exempted from the requirements of this paragraph –

(a)     any goods such as are mentioned in sub-paragraph (a) of paragraph 1 in a quantity not exceeding twelve grammes or not exceeding twenty cubic centimetres;

(b)     any goods such as are mentioned in sub-paragraph (b) of paragraph 1 in a quantity not exceeding twenty grammes or not exceeding twenty cubic centimetres;

(c)     any goods such as are mentioned in sub-paragraph (c) or (d) of paragraph 1 in a quantity not exceeding twelve grammes or not exceeding twelve cubic centimetres.

PART VI

SOAP

1.             Subject to paragraph 2 of this Part of this Schedule –

(a)     soap in the form of a cake, tablet or bar shall be prepacked only if the container is marked with an indication of quantity by net weight;

(b)     liquid soap shall be pre-packed only if the container is marked with an indication of quantity by capacity measurement;

(c)     soap in any other form –

(i)      unless pre-packed, shall be sold by retail only by net weight;

(ii)     shall be pre-packed only if the container is marked with an indication of quantity by net weight.

2.             There shall be exempted from the requirements of this Part of this Schedule –

(a)     liquid soap in a quantity of less than five fluid ounces ;

(b)     soap in any other form in a quantity of less than one ounce.

PART VII

MISCELLANEOUS GOODS TO BE SOLD BY OR MARKED WITH LENGTH

1.             This Part of this Schedule applies to goods of any of the following descriptions, that is to say, bias binding, elastic, ribbon, tape and sewing thread.

2.             Goods to which this Part of this Schedule applies –

(a)     unless pre-packed, shall be sold by retail only by length ;

(b)     shall be pre-packed only if the container is marked with an indication of quantity by length :

Provided that there shall be exempted from all requirements of this paragraph goods of any description in a quantity of less than one yard.

PART VIII

MISCELLANEOUS GOODS TO BE SOLD BY OR MARKED WITH NET WEIGHT

1.             This Part of this Schedule applies to –

(a)     distemper ;

(b)     articles offered as feed for household pets, being manufactured feed or bird seed other than animal feed in biscuit or cake form pre-packed in a quantity by number not exceeding sixteen ;

(c)     nails ;

(d)     paste paint ;

(e)     seeds, other than pea or bean seeds.

2.             Subject to paragraph 3 of this Part of this Schedule, goods to which this Part of this Schedule applies –

(a)     unless pre-packed, shall be sold by retail only by net weight ;

(b)     shall be pre-packed only if the container is marked with an indication of quantity by net weight.

3.             There shall be exempted from all requirements of this Part of this Schedule –

(a)     any of the following in a quantity of less than half a pound, that is to say, distemper and paste paint ;

(b)     bird seed in a quantity of less than four ounces, and other seeds in a quantity of less than half an ounce ;

(c)     nails in a quantity of less than half an ounce ;

(d)     any other goods in a quantity of less than one ounce ;

and, notwithstanding anything in paragraph 2 of this Part of the Schedule, nails –

(i)      when not pre-packed may be sold by retail by number ;

(ii)     may be pre-packed in or on a container marked with an indication of quantity by number.

PART IX

MISCELLANEOUS GOODS TO BE MARKED WHEN PRE-PACKED WITH NET WEIGHT

1.             This Part of this Schedule applies to –

(a)     Portland cement ;

(b)     cleansing powders and scouring powders ;

(c)     detergents, other than liquid detergents ;

(d)     paint remover, other than liquid paint remover.

2.             Subject to paragraph 3 of this Part of this Schedule, goods to which this Part of this Schedule applies shall be pre-packed only if the container is marked with an indication of quantity by net weight.

3.             There shall be exempted from the requirements of this Part of this Schedule goods of any description in a quantity of less than one ounce.

PART X

MISCELLANEOUS GOODS TO BE SOLD BY OR MARKED WITH CAPACITY MEASUREMENT

1.             This Part of this Schedule applies to antifreeze fluid for internal combustion engines, linseed oil, paint (other than paste paint), paint thinner, turpentine, turpentine substitute, varnish, and wood preservative fluid (including fungicides and insecticides).

2.             Subject to paragraph 3 of this Part of this Schedule, goods to which this Part of this Schedule applies –

(a)     unless pre-packed, shall be sold by retail only by capacity measurement ;

(b)     shall be pre-packed only if the container is marked with an indication of quantity by capacity measurement.

3.             There shall be exempted from all requirements of this Part of this Schedule goods of any description in a quantity of less than five fluid ounces.

PART XI

MISCELLANEOUS GOODS TO BE MARKED WHEN PRE-PACKED WITH CAPACITY MEASUREMENT

1.             This Part of this Schedule applies to enamel, lacquer, liquid detergents, liquid paint remover, petrifying fluid and rust remover.

2.             Subject to paragraph 3 of this Part of this Schedule, goods to which this Part of this Schedule applies shall be pre-packed only if the container is marked with an indication of quantity by capacity measurement.

3.             There shall be exempted from the requirements of this Part of this Schedule goods of any description in a quantity of less than five fluid ounces.

PART XII

MISCELLANEOUS GOODS TO BE SOLD BY OR MARKED WITH NET WEIGHT OR CAPACITY MEASUREMENT

1.             This Part of this Schedule applies to –

(a)     polishes ;

(b)     dressings analogous to polishes ;

(c)     pea seeds and bean seeds.

2.             Subject to paragraph 3 of this Part of this Schedule, goods to which this Part of this Schedule applies –

(a)     unless pre-packed, shall be sold by retail only by net weight or by capacity measurement ;

(b)     shall be pre-packed only if the container is marked with an indication of quantity either by net weight or by capacity measurement.

3.             The following shall be exempted from all the requirements of this Part of this Schedule, that is to say –

(a)     pea or bean seeds in a quantity of less than half a pound or of less than half a pint ;

(b)     any other goods in a quantity of less than one ounce or of less than one fluid ounce.

PART XIII

MISCELLANEOUS GOODS TO BE MARKED WHEN PRE-PACKED WITH QUANTITY BY NUMBER

1.             This Part of this Schedule applies –

(a)     to cheroots, cigarettes and cigars ;

(b)     to postal stationery, that is to say, paper or cards for use in correspondence, and envelopes ;

(c)     to, and to any mixture consisting mainly of, inorganic fertilisers, being such fertilisers or such a mixture made up into pellets or other articles for use as individual items ; and

(d)    to manufactured animal feed in biscuit or cake form pre-packed in a quantity by number of sixteen or less.

2.             Subject to paragraphs 3 and 4 of this Part of this Schedule, goods to which this Part of this Schedule applies shall be pre-packed only if the container is marked with an indication of quantity by number.

3.             In relation to postal stationery, the reference to number in paragraph 2 shall be construed as a reference to the number of sheets of paper, cards or envelopes as the case may be, in the pad, confining band or other form of container ; and postal stationery shall be exempted from the requirements of that paragraph if pre-packed as part of a collection of articles made up for sale together and including any article other than postal stationery and blotting or other paper.

4.             There shall be exempted from the requirements of this Part of this Schedule any goods in a quantity by number of one.

SEVENTH SCHEDULE

(Article 20)

COMPOSITE GOODS AND COLLECTIONS OF ARTICLES

1.-(1)  This paragraph applies to any goods which, not being pre-packed, and not themselves being goods –

(a)     required by or under any provision of this Law to be sold (whether on any sale or on a sale of any particular description) only by quantity expressed in a particular manner ; or

(b)     on a sale of which (whether any sale or a sale of any particular description) the quantity of the goods sold expressed in a particular manner is required by or under any other provision of this Law to be made known to the buyer at or before a particular time ; or

(c)     expressly exempted by or under any other provision of this Law from all such requirements as aforesaid which would otherwise apply thereto,

consist of a mixture constituted wholly or mainly of goods of one or more descriptions to which there applies any such requirement as aforesaid made by reference to any of the following (whether exclusively or otherwise), that is to say, weight, capacity measurement or volume.

(2)     Subject to paragraph 5 of this Schedule, goods to which this paragraph applies shall be sold only by net weight or by capacity measurement or by volume.

2.-(1)  This paragraph applies to any goods which, not being aerosol products and not themselves being goods –

(a)     required by or under any other provision of this Law to be pre-packed only if the container is marked with an indication of quantity ; or

(b)     in the case of which when sold pre-packed (whether on any sale or on a sale of any particular description) the quantity of the goods sold expressed in a particular manner is required by or under any other provision of this Law to be made known to the buyer at or before a particular time ; or

(c)     expressly exempted by or under any other provision of this Law from all such requirements as aforesaid which would otherwise apply thereto,

consist of a mixture constituted wholly or mainly of goods of one or more descriptions to which there applies any such requirements as aforesaid made by reference to any of the following (whether exclusively or otherwise), that is to say, weight, capacity measurement or volume.

(2)     Subject to paragraph 5 of this Schedule, goods to which this paragraph applies shall be pre-packed only if the container is marked with an indication of quantity either by net weight or by capacity measurement or by volume.

3.-(1)  This paragraph applies to aerosol products containing any goods required by or under any other provision of this Law to be pre-packed only if the container is marked with an indication of quantity expressed in a particular manner.

(2)     Subject to paragraph 5 of this Schedule, any aerosol product to which this paragraph applies shall be pre-packed only if the container is marked with an indication of the quantity by net weight of the entire contents thereof.

4.-(1)  This paragraph applies to any collection of two or more items which, not itself being –

(a)     required by or under any other provision of this Law to be pre-packed only if the container is marked with particular information ; or

(b)     expressly exempted by or under any other provision of this Law from any such requirement which would otherwise apply thereto,

contains one or more articles to which any such requirement applies.

(2)     Any collection to which this paragraph applies shall be pre-packed only if –

(a)     the container in which the collection is pre-packed is marked with an indication of the quantity of each of any such articles as aforesaid contained therein ; or

(b)     each of any such articles contained therein is made up in an individual container marked with an indication of quantity,

being in either case the like indication of the quantity of each respectively of those articles as would have been required if that article had itself been pre-packed.

5.             There shall be exempted from any requirement of paragraph 1, 2 or 3 of this Schedule goods of any description in a quantity of less than one ounce or of less than one fluid ounce.

 

EIGHTH SCHEDULE

(Article 40)

ENACTMENTS REPEALED

The provisions of the Code of Laws confirmed by order of His Majesty in Council of the twenty-eighth day of March, 17717 under the titles “Arpentage”, “Réglemens pour les mesures et poids” and “Poids-du-Roi”.

The “Loi (1918) sur les poids et les mesures liquides”.8

Article 24 of the Licensing (Jersey) Law, 1950.9

The “Loi (1956) (Amendement) sur les poids et les mesures liquides”.10

The Sale of Fuel (Weights and Measures) (Jersey) Law, 1957.11

The “Loi (1961) (Amendement No. 2) sur les poids les mesures liquides”.12

The Sale of Food (Weights and Measures) (Jersey) Regulations, 1964.13

 

A.D. LE BROCQ,

 

Greffier of the States.