A.D. 1926. Provisions applicable to the sale of certain articles of common consump tion. (Weights and Measures). 4. (1) A person shall not sell any article of any of the kinds of food set forth in the First Schedule to this Act otherwise than by net weight: Provided that this subsection shall not apply to sales of any article in quantities of one hundred and 5 twelve pounds or upwards where the article is corn within the meaning of the Corn Sales Act, 1921, or an article to which that Act applies in like manner as it applies to corn, and is not pre-packed. (2) A person shall not sell or have in his possession 10 (a) the article is made up for sale in quantities (b) the wrapper or container bears thereon, or on Provided that in the case where the article is made 25 up for sale on the premises where it is sold or kept for sale by a retailer and is made up in quantities of two ounces, four ounces, eight ounces, one pound, or a multiple of one pound, it shall not be necessary that such a statement as aforesaid should be borne on or 30 attached to the wrapper or container. (3) A person shall not sell by retail any article (not (a) the article is weighed in the presence of the (4) It shall be lawful to print on any wrapper or 45 (Weights and Measures). (5) This section shall not apply in the case of any A.D. 1926. article which is proved to have been sold for export or to be intended to be so sold. 5.—(1) A person shall not sell by retail any butchers' Provisions 5 meat otherwise than by net weight. applicable (2) A person shall not deliver or cause to be delivered to a retail purchaser any butchers' meat, meat. without a legible statement of its net weight, unless delivery is made to the purchaser on or at the premises 10 of the seller immediately after the meat has been weighed in the presence of the purchaser. 6.-(1) A person shall not sell or offer for sale any Provisions bread otherwise than by net weight. applicable to the sale of (2) A person shall not sell or have in his possession bread. 15 for sale or delivery under a contract of sale any loaf of bread unless its net weight is one pound or an integral number of pounds: Provided that this subsection shall not apply to loaves supplied under contract where the contract 20 provides for the supply for consumption on the premises of the purchaser of not less than half a hundredweight of bread at a time, and for the weighing of the bread on delivery. (3) The foregoing provisions of this section shall 25 not apply to fancy bread or to loaves not exceeding twelve ounces in weight: Provided that in Scotland the foregoing provisions shall apply to pan loaves, French loaves, and loaves of a similar character, with this modification, that any such 30 loaf of the net weight of one-and-three-quarter pounds may be sold or delivered for sale if the weight is clearly marked either by an impression made in baking or on any printed band or wrapper surrounding or containing the loaf. 35 (4) Every person selling bread by retail, or having in his possession any bread for the purpose of sale by retail, shall provide and keep in some conspicuous part of his shop or premises, a correct weighing instrument of a pattern suitable for weighing bread, and shall, if 40 so required by the purchaser, or by an inspector of weights and measures, weigh the bread in the presence of the person so requiring, or, if the person so requiring (Weights and Measures). A.D. 1926. is such an inspector as aforesaid, shall permit the inspector to weigh the bread. Provisions applicable to the sale of milk. Savings. Power of make regu lations. (5) Every person carrying bread for sale or delivery to a purchaser shall, if so required by an inspector of weights and measures permit the inspector to weigh 5 the bread. 7.-(1) A person shall not sell by retail any milk, or have in his possession for sale or delivery on sale any pre-packed milk, except in quantities of half a pint or multiples of half a pint. (2) This section shall extend to skimmed and separated milk and pasteurised milk and to milk which has been subjected to any other process, except that it shall not apply to dried or condensed milk. 10 8. Nothing contained in the last four foregoing 15 sections of this Act shall apply to the sale or offering for sale of any article of food for consumption on or at the premises of the seller, or to sales in petty amounts. 9.-(1) The Board of Trade, after consultation with the Minister of Agriculture and Fisheries and such trade 20 interests as appear to them to be concerned, may make regulations for the purpose (a) of making additions to or removals from or otherwise varying the list of articles set forth in the First Schedule to this Act; 25 (b) of requiring any articles of food other than those (c) of requiring any pre-packed articles of food other (d) of prescribing the manner in which indications and where the First Schedule is varied by the regulations this Act shall have effect as if the Schedule as so varied was substituted for the Schedule contained in this Act. 40 (Weights and Measures). (2) Regulations made under this section shall not A.D. 1926. come into force until they have been laid before each House of Parliament for a period of not less than six weeks during the Session of Parliament, and if either 5 House of Parliament before the expiration of that period presents an address to His Majesty against the regulations or any part thereof, no further proceedings shall be taken thereon, but without prejudice to the making of new regulations. 10 (3) Regulations under this section, if and so far as they relate to pre-packed articles, shall not come into force before the expiration of a period of six months after they are made. 10. The Minister of Agriculture and Fisheries, Special pro15 after consultation with the Board of Trade and such visions as to trade interests as appear to him to be concerned, may wholesale dealings in make regulations for the purpose of prescribing units of agricultural sale, including the dimensions and materials of con- and horti struction of standardised containers, to be used in cultural 20 wholesale dealings in such agricultural and horticultural produce. produce as may be specified in the regulations, and upon such regulations being made nothing in this Act or in the Weights and Measures Acts, 1878 to 1926, shall prevent such produce being dealt with wholesale in 25 such units or containers if such conditions as may be prescribed in the regulations are complied with, or constitute any such sale a sale by weight. measure or number unless it is so represented by the seller. 11.-(1) The power of inspection and of entry Powers of 30 conferred upon inspectors of weights and measures by inspection section forty-eight of the Weights and Measures Act, and entry. 1878, for the purposes therein specified shall extend to the inspection and weighing or measuring by any such inspector of any pre-packed articles of food for the 35 purpose of ascertaining whether they comply with the requirements of this Act, and to the entry into any place in which the inspector has reasonable cause to believe that any such pre-packed articles intended for sale are situated. 40 (2) Where any person has in his possession for sale or delivery on sale any pre-packed article of food of any kind which is required by or under this Act to be sold by weight or measure, or any article of food in respect of which any representation of weight or measure (Weights and Measures). A.D. 1926. is made, he shall, if so requested by an inspector of weights and measures weigh or measure such article in the inspector's presence or permit the inspector to weigh or measure it, and, if necessary for this purpose, shall break open or allow the inspector to break open, any 5 wrapper or container in which such article is packed, and shall also if so requested by the inspector sell the article to him. Penalties. Safeguards to traders. (3) Where any wrapper or container in which any pre-packed article is held ready for retail sale, or is being 10 delivered on retail sale, is broken open by or at the request of an inspector of weights and measures for the purpose of ascertaining the weight or measure of its contents and is found to comply with the requirements of this Act the retailer may if he so desires require the 15 said inspector to purchase the article on behalf of the local authority. 12. (1) Any person who refuses to comply with a request made by an inspector of weights and measures under this Act, or in any other manner obstructs or 20 hinders an inspector in the exercise of his duties under this Act, shall be liable on summary conviction to a fine not exceeding in the case of a first offence five pounds, and in the case of a second or subsequent offence ten pounds. (2) Any person who fails to provide or keep a suitable weighing machine for weighing bread as required by this Act shall be liable on summary conviction to a fine not exceeding five pounds. 25 (3) Any person who acts in contravention of any 30 other provision of this Act for which no special penalty is provided shall be liable on summary conviction to a fine not exceeding in the case of a first offence five pounds, in the case of a second offence twenty pounds, and in the case of a third or subsequent offence fifty pounds. 35 13.-(1) In any proceedings under this Act in respect of an alleged deficiency of weight or measure of any pre-packed article or of bread the court shall disregard any inconsiderable variation in the weight or measure of a single article, and shall have regard to the 40 average weight or measure of a reasonable number of other articles of the same kind (if any) sold or delivered by the defendant, or in his possession for the purpose of |