Weights and Measures Act 1985

Weights and Measures Act 1985

Overview

Businesses selling goods by weight or measure such as volume or length must comply with a range of rules. The rules are designed to protect the consumer from short measures and misleading packaging and to ensure it is clear how much they are buying and that they receive the amount they are entitled to.

Any trader who offers for sale goods with a reference to quantity must use the measurements set out by the Act. With a few exceptions [such as draught beer and milk] goods must normally be sold in metric measurements.

Measuring equipment used for trade must either have been passed by an inspector or bear a stamp indicating it has been passed.

The legislation does not apply to goods bound for sale outside Great Britain

Offences

The Weights and Measures Act makes it an offence for any person

·  To sell a lesser quantity of goods than that purported or less than corresponds with the price charged.

·  To make a written or oral misrepresentation as to the quantity of goods sold meaning to misled the buyer

·  To sell goods which are less than stated on their container or packaging

Defences

It is a defence if those charged can prove:

·  That they took all reasonable precautions and exercised due diligence to avoid committing the offence

·  The deficiency arose after the marking up or preparation of the goods, provided reasonable allowance was made

·  In cases of excess quantity, it was reasonable necessary to avoid committing an offence

Penalties

Anyone guilty of the offences above can be punished with a fine up to £5,000

Where an offence has been committed by a corporate body and it is proved that a director, manager, secretary or other similar officer has consented or been neglectful then that person as well as the corporate body can be prosecuted.

Regulations in relation to weights and measures for specific types of business are subject to frequent amendment.