Jersey R & O 8/2000
Weights and Measures (Jersey) Law 1967
____________
WEIGHTS AND MEASURES (PRESCRIBED QUANTITIES No. 7) (JERSEY) ORDER
2000
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THE INDUSTRIES COMMITTEE, in pursuance of
Articles 20 and 38 of the Weights and Measures (Jersey) Law 1967, as amended, (hereinafter referred to as “the Law”),
hereby makes the following Order in the terms of a draft approved by the States
on the eighteenth day of January 2000 –
1. In the Third Schedule to the Law –
(a) in paragraph 2(2)(b)
of Part II for “Table B” there shall be substituted “Table A”;
(b) in paragraph 2(b) of
Part III for “Table B” there shall be substituted “Table A”;
(c) for Part VII there
shall be substituted the Part set out in Part 1 of the Schedule to this Order;
(d) in Part VIII for
paragraphs 2, 3 and 4 there shall be substituted the following paragraphs –
“2 Except in the case
of –
(a) honey in comb; and
(b) other goods in a
quantity of less than 12 g,
goods to which this Part applies which are not pre-packed shall be
sold by retail only by net weight.
3. Goods to which
this Part of this Schedule applies shall not be sold pre-packed unless the
container is marked with an indication of quantity by net weight.”;
(e) in Part IX for
paragraph 2(b) there shall be substituted –
“(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 gross weight.”;
(f) Part XI shall be
repealed;
(g) for Part XII there
shall be substituted the Part set out in Part 2 of the Schedule to this Order.
2. This Order may be cited as the
Weights and Measures (Prescribed Quantities No. 7) (Jersey) Order 2000 and
shall come into force on the first day of February 2000.
By Order of the Industries Committee,
G.H.C. COPPOCK
Greffier of the States.
18th January 2000.
SCHEDULE
PART I
(Article 1(c))
“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 state in which
they were harvested apart from having been cleaned or trimmed; or
(c) in the case of
beetroots, in the state in which they were harvested apart from having been
cooked; or
(d) in the case of peas,
in the state in which they were harvested apart from having been shelled.
2. Subject to
paragraph 6 of this Part of this Schedule, potatoes –
(a) unless pre-packed,
shall not be sold by retail except by net weight;
(b) shall not be sold by
retail pre-packed unless –
(i) they are made up in
one of the following quantities by net weight, that is to say –
(A) 500g, 750g, 1 kg, 1.5 kg, 2.5 kg (or a
multiple of 2.5 kg to a nett weight not exceeding 15 kg), 20 kg or 25 kg; or
(B) 8 ounces, 12 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 (in this paragraph referred to as “soft
fruits”), that is to say, bilberries, blackberries, blackcurrants,
boysenberries, brambles, cherries, cranberries, gooseberries, loganberries,
mulberries, raspberries, redcurrants, strawberries, tayberries and
whitecurrants;
(c) mushrooms;
(d) produce of any one or
more of the following descriptions (in this paragraph referred to as “countable
produce”), that is to say, apples, apricots, artichokes (globe), aubergines,
avocados, bananas, beetroots, cabbage, capsicums, carrots, cauliflower, celery,
coconuts, corn on the cob, cucumber, fennel, figs (fresh), garlic, grapefruit,
greengages, guavas, kiwi fruit, kohlrabi, leeks, lemons, lettuce, limes,
mandarines, mangoes, marrow, melons, nectarines, onions (other than spring
onions), oranges, parsnips, passion fruit, pawpaw, peaches, pears, pineapple,
plums, pomegranates, pomelo, pumpkins, radishes, shaddock, shallots, soft
citrus fruits, swedes, tangerines, tomatoes, turnips, and ugli.
(2) On a sale by retail of
goods to which this paragraph applies there shall, subject to clause (3), be
made known to the buyer before he pays for or takes possession of the goods the
quantity of the goods sold, being –
(a) the quantity by net
weight or, in the case of countable produce, the 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 B or, in any other
case, in Table A of Part XII of this Schedule, the quantity either by net
weight or by gross weight.
(3) Clause (2) does not
apply to the sale by retail of goods to which this paragraph applies if the
goods are 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.
(4) Goods to which this
paragraph applies shall not be prepacked in a container which exceeds the
appropriate permitted weight specified in sub-paragraph (2)(b) unless the
container is marked with an indication of the quantity, being –
(a) the quantity by net
weight; or
(b) in the case of
countable produce, the 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 a part removed or both,
then, subject to paragraph 6 of this Part of this Schedule, this paragraph
shall apply to food consisting of, or including, part of any of those fruits or
vegetables which has not been subjected to further process.
(2) On a sale by retail of
any goods to which this paragraph applies there shall, subject to clause (3),
be made known to the buyer before he pays for or takes possession of the goods
the quantity of the goods sold, being –
(a) the 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 A of Part XII of this Schedule, the quantity either by net weight or
by gross weight.
(3) Clause (2) does not
apply to the sale by retail of goods to which this paragraph applies if the
goods are pre-packed in a container marked with an indication of quantity by
net weight.
(4) Goods to which this
paragraph applies shall not be prepacked in a container which exceeds the
appropriate permitted weight specified in sub-paragraph (2)(b) unless the
container is marked with an indication of quantity by net weight.
5. Paragraph (3)
of Article 32 of this Law shall apply to a 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 prepacked 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 to them 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 asparagus,
bunched carrots, bunched chives, bunched beetroots, bunched endives, bunched
garlic, bunched mint, bunched mustard and cress, bunched onions (including
spring onions), bunched parsley, bunched radishes, bunched salad cress, bunched
turnips and bunched watercress;
(e) pre-packed potatoes if
the net weight of each potato is not less than 175g and the container is marked
with an indication of quantity by number and with a statement to the effect
that each potato in the container is of a net weight not less than a weight
specified in grams, whether the weight so specified is 175g or a greater
weight,
and there shall be exempted from all requirements of this Part of
this Schedule any goods in a quantity of less than 25g.
7.-(1) Where at premises
(other than a vehicle or ship) 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 the
container while the goods are in it;
(b) a weighing of that
container after removal of the goods;
(c) a weighing of a
similar empty container,
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 to do so he shall be guilty of an offence.
(2) The occupier of
premises at which goods to which paragraph 2 or 3 applies are made up in a
container for sale by weight otherwise than by retail, or of 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 sub-paragraph (1) 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 2
(Article 1(g))
“PART
XII
TABLES
OF PERMITTED WEIGHTS FOR CONTAINERS
TABLE A
|
Gross weight
|
Permitted weight
of container
|
|
Not exceeding 500g ………….....
|
5g
|
|
Exceeding 500g ………………...
|
a weight at the rate of 10g per kg
of the gross weight
|
TABLE B
|
Gross weight
|
Permitted weight
of container
|
|
|
Not exceeding 250g .……………..
|
a weight at the rate of 120g per kg of
the gross weight
|
|
|
Exceeding 250g but not exceeding 1 kg
………………........................
|
a weight at the rate of 100g per kg of
the gross weight
|
|
|
Exceeding 1 kg but not exceeding 3 kg
………………………………
|
a weight at the rate of 90g per kg of the
gross weight
|
|
|
Exceeding 3 kg …………………..
|
a weight at the rate
of 60g per kg of the gross weight
|
|
|
|
|
”
|
|
|
|
|