7 replies to this topic

[wombat]

Need a bit of legal interpretation here.

Is it a legal requirement to carry out average weight checks, or is it done to satisfy the requirements of a defence should there be a legal investigation by Trading Standards.

[Simon]

Can anyone help Wombat with this query?

[Tony-C]

Need a bit of legal interpretation here.

Is it a legal requirement to carry out average weight checks, or is it done to satisfy the requirements of a defence should there be a legal investigation by Trading Standards.

Hi There

You need to refer to the Weights and Measures Packaged Goods Regulations 2006

The new regulations have brought about changes in the responsibilities of packers and importers. One of those changes is that instead of ensuring that packages pass a Reference Test the packer or importer has to have a ‘sufficiently rigorous’ system in place to ensure that the three packers’ rules are being met.

Regards,

Tony

[ads78]

Packers’ and importers’ duties as to equipment, checks and documentation
9.—(1) It shall be the duty of a packer in making up packages either—
(a) to measure the product contained in each package using equipment which complies
with paragraph (2) to ensure that the packages are packed in accordance with
regulation 4(1), or
(b) to carry out checks on the product contained in the packages using a system of
sampling and tests which are suYciently rigorous to ensure that the packages are
packed in accordance with regulation 4(1), and for this purpose—
(i) to use equipment which complies with paragraph (2), and
(a) Section 8(5A) was inserted by S.I.1994/2867 and amended by S.I. 2001/55.
6
(ii) to make, and to keep until the relevant date, a record of the checks, together with
a record of the corrections and adjustments which they have shown to be
necessary.
(2) Equipment complies with this paragraph if it is suitable for the use to which it is put.

[Charles.C]

Dear wombat,

As inferred by the previous, a large subject, it may well depend on precisely what you are talking about. Maybe also hv a look at this earlier extended discussion,

http://www.ifsqn.com...showtopic=11095

Rgds / Charles.C

[GMO]

I think I vaguely remember that you can still pack to a minimum weight system without keeping records (although I suspect your weighing equipment will still need to be suitable etc.)

Sartorius used to do an "Explanation" course on weight control which I found useful. Not sure if they're doing one this year. Otherwise, I generally (sorry TSOs) find that your average TSO doesn't understand weight control, especially if you have an automatic system so it's probably a waste of time asking unless you have one who's clued up!

[DavidB]

I would say it is BOTH a legal requirement AND so that you meet due diligence requirements in the event of an issue arising which is investigated by Trading Standards.

So if you dont do the latter, and have detailed weight records for the batch concerned to prove compliance to the legislation it will be very difficult to demonstrate you are complying with the former.

[Tony-C]

I think I vaguely remember that you can still pack to a minimum weight system without keeping records (although I suspect your weighing equipment will still need to be suitable etc.)

From the Weights and Measures Packaged Goods Regulations 2006

These Regulations apply to packages which are packed in constant nominal quantities by weight or volume which are predetermined by the packer

Regards,

Tony