Weights and Measures (Packaged Goods) Regulations 2006
What this means for your business
- Enforced by
- Trading Standards
- Applies to
- United Kingdom
- On this page
- 12 compliance obligations, 1 practical guide
What you must do
12 compliance obligations under this legislation — 1 can result in imprisonment.
Management duties 5
Check package quantities and keep records
If your business packs or imports packaged goods for sale, you must either measure the amount in each package with suitable equipment or run a rigorous sampling/testing system to confirm the quantity. You also have to keep records of those checks and any corrections until the earlier of the product’s use‑by date or one year after the package left your control.
Ensure correct quantity labeling on packages and outer containers
Unlimited fineIf you put a nominal quantity label on a product package or its outer container – even if you are not the packer or importer – the law treats you as the packer. You must therefore follow all the same packaging‑labelling rules, checks and record‑keeping that apply to packers and importers.
Ensure packaged goods meet quantity accuracy rules
You must make sure any packages you pack or import contain at least the amount shown on the label on average, that only a very small number of packages are under‑filled beyond the tolerable error, and that no single package is under‑filled by more than twice that error. You need to check this by doing the prescribed reference test on each batch.
Label packages with correct quantity markings
You must show the net quantity on every pack of goods – use volume for liquids and weight for solids – using the approved metric units and the minimum font size set out in the regulations. If you also display imperial units, they must be smaller than the metric indication, and you must follow the exact format rules (no vulgar fractions, correct symbols, ‘net’ not abbreviated, etc.).
Mark outer containers with required details
Unlimited fineIf you pack or import goods that are placed in an outer container, you must make sure the container is clearly marked with the quantity, the number of packages and your UK name and address. The marking has to be permanent, easy to read and visible without opening the container. If you cannot mark it straight away, you must record what you intend to mark and keep that record until the container is marked.
Other requirements 2
Comply with inspector’s written instructions about your packages
If a weights‑and‑measures inspector believes you have not followed the packaging rules, they can give you written directions. You must follow those directions – for example, keep the packages in the place they specify and make them available to the inspector – within the time‑frame set in the notice. Failure to do so can lead to a criminal offence.
Mark packages with quantity and UK contact details
If you pack or import a product for sale, you must put a permanent, easy‑to‑read label on each package showing the nominal quantity and the name and address of a UK‑based packer or importer (or make this information readily discoverable). If you cannot mark the quantity straight away, you must decide what you will mark, keep a record of that decision, and ensure the package is marked before it reaches the consumer. Certain exemptions apply, such as milk sold in returnable containers.
Offences and prohibitions 5
Breach of packaging regs 12(6), 13(1), 14(1), 14(2) or 15
Unlimited fineIf your business fails to meet the specific requirements set out in regulation 12(6), 13(1), 14(1), 14(2) or 15 of the Packaged Goods Regulations (for example, providing incorrect weight or labelling information), you commit a criminal offence. On conviction in the magistrates’ court you can be fined up to an unlimited amount. No imprisonment is provided for these particular breaches.
Director liable for corporation's packaging offence
If your company commits an offence under the Weights and Measures (Packaged Goods) Regulations and that breach is because a director, manager, secretary or similar officer gave consent, turned a blind eye, or was negligent, that individual is also guilty of the offence. They face the same penalties as the company, which can include unlimited fines and possible imprisonment.
Fail to comply with packaging or record‑keeping duties
3 months imprisonmentIf your business does not follow the required rules for making up, labeling or keeping records for packaged goods, or you deliberately create false records or alter them to deceive, you commit a criminal offence. A conviction can result in a fine and/or imprisonment, with the exact maximum penalty set by the courts.
Sell packaged goods with excessive error or from failed batch
Unlimited fineIf you sell a packaged product that you know (or should reasonably know) contains less than the amount stated – by more than twice the permitted negative tolerance – you are committing an offence. Likewise, selling a package that comes from a batch which has failed the reference test is an offence unless you can prove corrective action was taken or the package actually contains more than the stated amount. Conviction can lead to a fine and/or imprisonment, depending on how the court decides the case.
Use E‑mark on packaging without authorisation
Unlimited fineIf your business puts the EU E‑mark on a package or outer container when you are not the packer or importer, or you use a mark that looks like the E‑mark, or you apply the E‑mark in a way not allowed by the regulations, you commit a criminal offence. Conviction can lead to an unlimited fine and possibly imprisonment, with Trading Standards acting as the enforcing authority.
Penalties for non-compliance
7 penalties under this legislation. 1 can result in imprisonment. 6 carry an unlimited fine.
Fail to comply with packaging or record‑keeping duties
Unlimited fine and/or 3 months imprisonment
Ensure correct quantity labeling on packages and outer containers
Unlimited fine
Mark outer containers with required details
Unlimited fine
Breach of packaging regs 12(6), 13(1), 14(1), 14(2) or 15
Unlimited fine
Sell packaged goods with excessive error or from failed batch
Unlimited fine
Use E‑mark on packaging without authorisation
Unlimited fine
Director liable for corporation's packaging offence
Penalty applies
Practical guidance
Our guides explain how to comply with the requirements above.
Sections and provisions
21 classified provisions from this legislation.
Duties 8
- s.4 Duty to comply with the three packers' rules packer or importer of …
- s.5 Duty of packers and importers to mark packages packers and importers
- s.6 Duty of packers and importers to mark outer containers packers and importers
- s.7 Liability for labelling packages and outer containers
- s.8 Specific requirements as to quantity marking which indication
- s.9 Packers' and importers' duties as to equipment, checks and documentation The importer
- s.10 Enforcement by local weights and measures authority a local weights and …
- s.12 Instructions by inspectors inspector