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Selling by quantity, making quantity known, and weighing in presence

Weights and Measures Act 1975

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—(1) Where any goods are required by this Act to be sold by quantity expressed in a particular manner —(a)it is sufficient compliance with that requirement in the case of any sale of, or agreement to sell, any such goods if the quantity of the goods expressed in the manner in question is made known to the buyer before the purchase price is agreed;(b)no person shall be guilty of an offence under section 17(1) by reason of the exposing or offering for sale of such goods at any time if both the quantity of the goods expressed in the manner in question and the price at which they are exposed or offered for sale are made known at that time to any prospective buyer.(2) For the purposes of this Act and any subsidiary legislation made under this Act, without prejudice to any other method of making known to a person the quantity of any goods expressed in a particular manner, that quantity is deemed to be made known to that person —(a)if the goods are weighed or otherwise measured or counted, as the case may require, in the presence of that person;(b)if the goods are made up in or on a container marked with a statement in writing of the quantity of the goods expressed in the manner in question and the container is readily available for inspection by that person; or(c)upon such a statement in writing being delivered to that person.(3) Where the Minister by order provides that this subsection is to apply, in the case of the goods in the circumstances that are specified in the order, to any requirement so specified under this Act or any subsidiary legislation made under this Act with respect to the making known to the buyer of the quantity by weight of such goods sold by retail, then, in any case to which the order applies, that requirement is deemed to be satisfied if the goods are bought at premises at which any weighing instrument of such description as may be prescribed —(a)is kept available by the occupier of those premises for use without charge by any prospective buyer of such goods for the purpose of weighing for himself, herself or itself any such goods offered or exposed for sale by retail on those premises;(b)is so kept available in a position on those premises which is suitable and convenient for such use of the instrument; and(c)is reserved for use for that purpose at all times while those premises are open for retail transactions,and a notice of the availability of the instrument for such use is displayed in a position on the premises where it may be readily seen by any such prospective buyer.(4) For the purposes of this Act and any subsidiary legislation made under this Act, a person is not to be deemed to weigh or otherwise measure or count any goods in the presence of any other person unless the firstmentioned person causes any instrument used for the purpose to be so placed, and so conducts the operation of weighing or otherwise measuring or counting the goods, as to permit that other person a clear and unobstructed view of the instrument (if any) and of the operation, and of any indication of quantity given by any such instrument as the result of that operation.

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