S.I. No. 39/1981 - Packaged Goods (Quantity Control) Regulations, 1981.

1. (1) In this Schedule—

(

a

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

(

b

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

(

c

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

(

d

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

(

e

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

(2) For the purposes of this Schedule—

(

a

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

(

b

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

Methods of measurement

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

PART II.

Tests on groups of 100 or more packages.

Application of Part II

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

Scope of the test

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

(

a

) a check on the actual contents of each package in the sample (for the purposes of section 9 (1) (

b

) of the Act) to be carried out in accordance with the procedures described in paragraphs 7 and 8 or 9 and 10 below; and

(

b

) a check on the average of the actual contents of the packages in the sample (for the purposes of section 9 (1) (

a

) of the Act) to be carried out in accordance with the procedure described in paragraph 11 below.

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

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

(

a

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

(

b

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

5. Subject to paragraph 1 (2) (

b

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

Selection of sample in cases of non-destructive testing

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

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

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

Sampling plan

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

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

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

TABLE 1

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

Number

in group

Number

in sample

Number of non-standard packages

Acceptance criterion

Rejection criterion

100 to 500

50

3

4

501 to 3,200

80

5

6

3,201 and above

125

7

8

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

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

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

(

a

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

(

b

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

TABLE 2

Destructive Test for Non-Standard Packages

Number

in group

Number

in sample

Number of non-standard packages

Acceptance criterion

Rejection

criterion

Any number above 99

20

1

2

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

11. (1) A group of packages shall be considered as acceptable for the purpose of the check if the average value, x (calculated by the method indicated in sub-paragraph (

a

) below), of the actual contents of n packages in a sample is not less than the value—

and otherwise the group shall be rejected.

In the above formula—

Q

n

=

the nominal quantity on the packages;

n

=

the number of packages in the sample taken for the check;

s

=

the estimated standard deviation of the actual contents of the group (calculated by the method indicated in sub-paragraph (b) below);

t

(1—a)

=

the 0.995 confidence level of a Student distribution with v =n - 1 degrees of freedom,

and if x

i

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

(

a

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

i = n

i = 1

(

b

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

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

i= n

............................................................ ......(1)

i= 1

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

i = n

............................................................ ....(2)

i = 1

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

i = n

............................................................ .. (3)

i = 1

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

i = n i = n

.............................................. (4)

i = 1 i = 1

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

v = CS/(n - 1)

....................................................(5)

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

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

TABLE 3

Non-Destructive Testing for Average Actual Contents

Number

in group

Number

in sample

Criteria

Acceptance

Rejection

100 to 500

30

x ≥ Q

n

- 0.503s

x

501 and above

50

x ≥ Q

n

- 0.379s

x

n

- 0.379s

TABLE 4

Destructive Testing for Average Actual Contents

Number

in group

Number

in sample

Criteria

Acceptance

Rejection

Any number above 99

20

x ≥ Q

n

- 0.640s

x

n

- 0.640s

PART III.

Tests on groups of less than 100 packages.

Application of Part III

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

Scope of the test

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

(

a

) a check on the actual contents of each package (for the purposes of section 9 (1) (

b

) of the Act) to be carried out in accordance with the procedure described in paragraph 14 below; and

(

b

) a check on the average of the actual contents of the packages in the group (for the purposes of section 9 (1) (

a

) of the Act) to be carried out in accordance with the procedure described in paragraph 15 below.

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

The check on the actual contents of a package

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

The check on the average actual contents of the packages

15. (1) The average of the measured values of the actual contents shall be determined by application of the formula set out in paragraph 11 (1) (

a

) above (in which, for that purpose, 'n' equals the number of packages in the group).

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

PART IV.

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

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

(2) For the purposes of the said paragraphs—

(

a

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

(

b

) "filling level" means the level marked on a templet in accordance with Paragraph 4 (1) (

d

) (i) of the Fourth Schedule, which indicates the nominal capacity indicated on the measuring container bottle in association with which the templet is designed to be used;

(

c

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

(

d

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

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

(

a

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

(

b

) by means of a templet.

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

(

a

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

(

b

) in any other case, shall be as indicated in the following Table—

Number in group

Number in sample

100 to 500

30

501 and above

50

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

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

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

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

(

a

) by means of templet; and

(

b

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

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

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

(

a

) in the case of a templet graduated in millilitre units—

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

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

(iii) where the number of packages in the group is less than 100 the criteria indicated in paragraph 15 (2) above shall be applied for the purpose of determining whether the group would be considered as acceptable for the purpose of the check mentioned in paragraphs 13 (1) (

b

) and 15 (1) above, and for the purpose of the test the group shall be considered as acceptable if, by virtue of that application of the said criteria, it would be considered as acceptable for the purpose of such a check; and

(

b

) in the case of a templet graduated in millimetre units—

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

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

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

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

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

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

b

) above.

(2) The group of packages shall be considered as acceptable for the purpose of the test if the average value, d, of the linear distances, d

i

, between the brims of the measuring container bottles and the liquid levels, as measured by means of the templet, of n packages in the sample is not greater than the value—

and otherwise shall be rejected for that purpose.

In the above formula—

D

=

the distance from the brim level to the level corresponding to the nominal capacity indicated on the measuring container bottle, adjusted approximately if the temperature of the liquid being tested is other than 20° Celsius;

n

=

the number of packages in the sample taken for the test;

s

=

the estimated standard deviation of the actual linear distances of the liquid levels from the brims of the measuring container bottles in the group, as measured by means of the templet;

t

(1—a)

=

the 0.995 confidence level of a Student distribution with v = n- 1 degrees of freedom,

and the average, d, of the measured values in the sample, and the estimated standard deviation, s, shall be obtained in the manner described in paragraph 11 (1) above, d being substituted for x, and d

i

being substituted for x

i

, in the formulae set out in that sub-paragraph.

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

TABLE 5.

Non-destructive Test for Average Liquid level

Number in group

Number in sample

Criteria

Acceptance

Rejection

100 to 500

30

d ≥ D + 0.503s

d>D + 0.503s

501 and above

50

d ≥D + 0.379s

d>D + 0.379s

TABLE 6.

Destructive Testing for Average Liquid Level

Number in group

Number in sample

Criteria

Acceptance

Rejection

Any number above 99

20

d ó D + 0.640s

d>D + 0.640s

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

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

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

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

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

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

DESMOND O'MALLEY

Minister for Industry, Commerce and Tourism.

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

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

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

GENE FITZGERALD,

Minister for Finance.

EXPLANATORY NOTE.

These Regulations make provision for implementing the new system of quantity control (commonly known as "the average system") applicable to packaged goods on which the quantity of the contents is declared by weight or volume. The system is based on one set out in Council Directives No. 75/106/EEC (OJ No. L42, 15.2.1975, p. 1) and No. 76/211/EEC (OJ No. L46, 17.2.1976, p. 1), as amended. Provision for its introduction was made in the

Packaged Goods (Quantity Control) Act, 1980

(No. 11 of 1980) under which the Regulations are made. The Regulations will give effect to the EEC Directives mentioned and will operate from the date on which the Act comes into force i.e. 1 April 1981.

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

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

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

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

Paragraphs (

c

), (

d

) and (

e

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

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

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

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

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

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

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

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

(

a

) for liquid capacity measures, £2.40 per item;

(

b

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

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

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

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

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

(

a

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

(

b

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

(

c

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

FIRST SCHEDULE

(See Regulation 9 (1))

Form and Dimensions of e-Mark

SECOND SCHEDULE.

(See Regulation 9 (2))

Packages which may be marked with the e-mark

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

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

(2) a package to which Section 8 of the Act would apply, were it not for sub-paragraph (

c

), (

d

) or (

e

) of Regulation 3.

THIRD SCHEDULE.

(See Regulation 9 (5)).

PART I.

Notice by packer pursuant to Section 11 (3) (a) of the

Packaged Goods (Quantity Control) Act 1980

.

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

S.I. No. 39 of 1981.

PACKAGED GOODS (QUANTITY CONTROL) REGULATIONS, 1981.

I, DESMOND O'MALLEY, Minister for Industry, Commerce and Tourism, in exercise of the powers conferred on me by

sections 3

,

8

,

9

,

10

and

11

of the

Packaged Goods (Quantity Control) Act, 1980

(No. 11 of 1980), and in so far as they provide for the charging of fees, with the consent of the Minister for Finance, hereby make the following regulations