
1 
These Regulations may be cited as the Measuring Container Bottles (EEC Requirements) Regulations 1977 and shall come into operation on 29th June 1977.
2 

(1) In these Regulations:—
 “batch”, in relation to measuring container bottles, means a batch of such bottles ascertained in the manner specified in paragraph 1 of Annex II of the Directive for the purposes of checking that the requirements of the Directive have been complied with;
 “credentials”, for the purposes of Regulations 7 and 8, means authority in writing from a person who is for the time being a justice of the peace for the exercise by the inspector of the powers conferred by the said Regulation 7 or, as the case may be, the said Regulation 8;
 “the Directive” means Council Directive No.75/107/EEC;
 “EEC sign” means the stylized letter ε (epsilon) reversed symmetrically about a vertical axis of which the following is a representation:
 “importer” means any person importing otherwise than from a Member State measuring container bottles marked with the EEC sign;
 “inspector” means, in Great Britain, an inspector of weights and measures appointed or deemed to have been appointed under section 41 of the Weights and Measures Act 1963 and means, in Northern Ireland, an inspector of weights and measures appointed under section 27 of the Weights and Measures Act (Northern Ireland) 1967;
 “justice of the peace” includes, in Scotland, a sheriff;
 “local weights and measures authority”, in relation to any functions under these Regulations of any such authority which are for the time being the subject of any arrangements made by such authority for the discharge of any of its functions by another local authority, includes the authority by whom those functions fall to be exercised under the arrangements;
 “manufacturer” means the manufacturer of measuring container bottles marked or to be marked with the EEC sign;
 “production control records” means records of measurement of capacity of measuring container bottles carried out by the manufacturer after completion of the manufacturing process.
(2) The Interpretation Act 1889 shall apply for the interpretation of these Regulations as it applies for the interpretation of an Act of Parliament.
(3) Subject to the provisions set out in the Schedule hereto, these Regulations shall extend to Northern Ireland.
3 
These Regulations apply only to bottles or other containers described in Article 1 of the Directive and therein called measuring container bottles.
4 
The definition of “weighing or measuring equipment” in section 58(1) of the Weights and Measures Act 1963 and in section 41 of the Weights and Measures Act (Northern Ireland) 1967 shall not include measuring container bottles bearing the EEC sign.
5 

(1) Only measuring container bottles—
(a) complying with the requirements of section 3 of Annex I of the Directive,
(b) the actual capacity of which has been checked in accordance with section 4 of that Annex, and
(c) marked in accordance with section 8.1.1. and 8.1.2.
of that Annex, shall be marked with the EEC sign.
(2) The EEC sign marked on a measuring container
bottle shall be at least 3mm high and shall be indelible, easily legible and
visible.
6 

(1) A manufacturer shall submit to the Secretary
of State for approval a mark identifying the manufacturer.
(2) If the Secretary of State approves the
mark submitted to him, he shall notify the manufacturer of that approval within
one month of the date thereof.
(3) The approved mark is the mark referred
to in section 8.1.2. of Annex I
of the Directive.
7 

(1) Every manufacturer shall—
(a) keep production control records and
(b) preserve the records for a period of
six months after their making.
(2) Subject to the production if so requested
of his credentials, an inspector may, within the area for which he was appointed
inspector, at all reasonable times require the manufacturer to produce, and
permit the inspector to inspect and copy, any production control records preserved
in accordance with paragraph (1) above.
8 

(1) Subject to the production if so requested
of his credentials, an inspector may, within the area for which he was appointed
inspector, at all reasonable times—
(a) for the purpose of ascertaining whether
any offence under these Regulations has been committed, inspect any measuring
container bottle or any article which he has reasonable cause to believe to
be such a bottle;
(b) enter any premises on which he has reasonable
cause to believe measuring container bottles are being made and are being
marked with the EEC sign, or on which such bottles so marked are being stored
with a view to sale, not being premises used only as a private dwelling;
(c) for the purpose of ascertaining whether
measuring container bottles marked with the EEC sign comply with these Regulations,
select batches of such bottles in accordance with the procedures set out in Annex II to the Directive and test samples
from those batches in accordance with such procedures, or by means of an equivalent
procedure;
(d) require the manufacturer, owner or importer
of such bottles to provide such reasonable facilities as appear to the inspector
to be necessary for the purpose of ascertaining whether such bottles comply
with these Regulations.
(2) An inspector, if he finds that a batch
so selected fails to comply with the requirements of these Regulations when
tested as aforesaid, shall give directions to the manufacturer or importer
that no measuring container bottles in that batch may be sold marked with
the EEC sign.
(3) If a justice of the peace, on sworn information
in writing—
(a) is satisfied that there is reasonable
ground to believe either—
(i) that any measuring container bottles which a person has power by virtue of this Regulation to inspect are on any premises and that their inspection is likely to disclose evidence of the commission of an offence under Regulation 10, or
(ii) that any offence under Regulation 10 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 or is likely to be refused and that notice of 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 premises are unoccupied or that the occupier is temporarily absent and it might defeat the object of the entry to await his return,the justice may by warrant under his hand, which shall continue in force for one month, authorise an officer of the local weights and measures authority to enter the premises, if need be by force.
(4) A person entering any premises by virtue of this Regulation 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) above, 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 a person who enters any work-place by virtue of this Regulation discloses to any other person any information obtained by him in the workplace with regard to any manufacturing process or trade secret he shall, unless the disclosure was made in performance of his duty, be guilty of an offence.
9 
An inspector, if he finds that any person is in possession in the course of a business of any individual measuring container bottle which does not comply with these Regulations but which is marked with the EEC sign, shall give directions to that person that the bottle may not be sold or supplied marked with the EEC sign.
10 

(1) Any manufacturer or importer who—
(a) sells or has in his possession for sale a batch of measuring container bottles marked with the EEC sign but not complying with these Regulations; or
(b) sells or has in his possession for sale
measuring container bottles marked with the EEC sign which is less than 3mm
high;
(c) systematically exploits the maximum permissible
limits of error set out in the table in section
3 of Annex I of the Directive;shall be guilty of an offence.
(2) Any manufacturer who—
(a) without reasonable cause fails to keep
production control records or to preserve such records in accordance with Regulation 7(1); or
(b) without reasonable cause fails to produce
production control records required by an inspector under Regulation 7(2);
(c) makes any production control record which
he knows to be false, or with intent to deceive alters or causes to be altered
such records;shall be guilty of an offence.
(3) Any manufacturer, owner or importer who
without reasonable cause fails to comply with a requirement imposed on him
by virtue of Regulation 8(1)(d)
shall be guilty of an offence.
(4) Any person who without reasonable cause
fails to comply with directions given in accordance with Regulation 8(2) or Regulation 9
shall be guilty of an offence
(5) Any person who—
(a) wilfully obstructs an inspector acting
in the execution of any provision of these Regulations; or
(b) without reasonable cause fails to give
any inspector acting as aforesaid any assistance or information which the
inspector may reasonably require of him for the purposes of the performance
by the inspector of his functions under these Regulations;shall be guilty of an offence.
(6) If any person, in giving to an inspector
any such information as is mentioned in paragraph
(5) above, gives any information which he knows
to be false, he shall be guilty of an offence.
(7) Any person other than a manufacturer
or a person marking it to the order of a manufacturer, who marks a measuring
container bottle with the EEC sign shall be guilty of an offence.
11 

(1) Where an offence under any provision
of these Regulations which has been committed by a body corporate is proved
to have been committed with the consent or connivance of, or to be attributable
to any neglect on the part of, any director, manager, secretary or other similar
officer of the body corporate, or any person who was purporting to act in
any such capacity, he as well as the body corporate shall be deemed to be
guilty of that offence and shall be liable to be proceeded against and punished
accordingly.
(2) Where the affairs of a body corporate
are managed by its members, paragraph (1)
above shall apply in relation to the acts and defaults of a member in connection
with his functions of management as if he were a director of the body corporate.
12 
Where an offence under Regulation
10(1)(a) or 10(1)(b)
is alleged to have been committed it shall be a defence for any person charged
with the offence to prove that he took all reasonable precautions and exercised
all due diligence to avoid the commission of the offence.
13 
In England or Wales, proceedings for an offence under these Regulations
shall not be instituted except by or on behalf of a local weights and measures
authority or the chief officer of police for a police area.
14 

(1) A person guilty of an offence under Regulation 10(1)(b), 10(2)(b), 10(4) (insofar as it relates to directions
given in accordance with Regulation 9)
and 10(5) shall be liable
on summary conviction to a fine not exceeding £50.
(2) A person guilty of any other offence
under these Regulations shall be liable on summary conviction to a fine not
exceeding £200.
John Fraser
Minister of State
Department of Prices and Consumer Protection
26th May 1977
SCHEDULE
Regulation 2(3)
1 
In Regulation 2,—
(a) for the definition of “credentials”
there shall be substituted the following:“

 “credentials”, in relation to an inspector, means some duly authenticated document showing that he is authorised to act as an
inspector,
”;and
(b) the definition of “local weights
and measures authority” shall be omitted.
2 
In Regulation 6, the references to the Secretary of State
shall be references to the Department of Commerce for Northern Ireland.
3 
In Regulation 7(2) and 8(1)
the words “within the area for which he was appointed inspector” shall be omitted.
4 
For Regulation
12 there shall be substituted the following:—“
No proceedings for an offence under these Regulations
may be instituted except by or on behalf of the Department of Commerce for
Northern Ireland.
”.