38 JOURNAl. OF THE SOCIETY OF COSMETIC CHEMISTS MEANS OF SATISFYING THE REQUIREMENTS IN THE COSh'iETIC AND TOILETRY FIELD In order to satisfy any Act fully it is necessary to study the whole document as it relates to one's own business. There are, hoxvever, a number of obvious factors common to the industry. There are the obvious exemptions from the Act on grounds of small size, packing only for export, or packing not for retail sale. I now' intend, as is almost entirely the case, to treat all products of the industry as being prepacked and not sold loose in paper bags as if they were chicken feed! The two areas where, subject to the foregoing exemptions, action must be taken by the manufacturers in all cases are the measurement of quantity and the declaration of quantity. The first area covers all equipment and measures of weight, capacity, etc. in use for trade and the second area covers the position and method of marking as well as the calculation of the quantity to be marked. The measurement of quantity All equipment used for measuring quantity must be to an approved design and must also bear a Board of Trade stamp. This applies to all weighing instruments of all types used for check-weighing on a production line. It should also be noted that if other weighing instruments are used for ancilliary purposes, e.g. in a component store or inspection department for obtaining a tare 5veight of a component prior to setting up a production line check weighing instrument, then this should also be to an approved pattern and be stamped. Most weighing and measuring instruments used in a component inspection department are not, however, concerned directly with determining the quantity which is filled into the container and do not therefore come within the Act. Capacity measures used for determining or checking the quantity filled must likewise be to an approved pattern, constructed from the correct materials and also be stamped. The same applies to all weights used in conjunction with the weighing instruments. These will bear the official B.O.T. stamps and they must all be of denomina- tions permitted by Schedule 3 of the Act. For instance, if a weight of 88 g is being checked, then it is necessary to use weights of 50g, 20g, 10g, 5g, 2 g, and 1 g, or other combinations of these denominations. Other denomina- tions may not be used and it is not possible to have stamped and use a 'made-up' weight of 88 g.

INFLUENCE OF THE WEIGHTS AND MEASURES ACT ON PACKAGING The declaration of quantity The method of marking the declaration on the container is probably the area of greatest doubt in most manufacturers' minds. The Act specifies clearly the minimum size of characters which must be used relative to the size of the pack as it does also the units and abbreviations that are permit- ted {4). But then Statutory Instrument No. 1140 quotes:- 2. (1) The indication of quantity shall be marked in a prominent position on the container where it can be easily read and it shall not be obscured by any stamp, sticker, outer wrapper or in any other way. (2) The indication of quantity may be marked on the base of the con- tainer only if there is no wording visible elsewhere on or through the outside of the container. (3) Where the indication of quantity is not written on the container or on a label securely attached to the container, it must be so placed that it cannot be removed without opening some part of the con- tainer. 3. (1) The indication of quantity shall be clear, legible and conspicuous. It is also stated that "the indication of quantity shall be marked upon a plain background and in a colour which is in distinct and conspicuous contrast thereto". It is permitted to use the contents as background in a transparent container and also to use embossing in high or low relief without contrast, provided there is no wording in a contrasting colour on the container. The interpretation of what represents a prominent position is open to argument. It is generally accepted that where a container is sold in a carton, or is intended by the manufacturer to be sold in a carton, then it is sufficient to mark the carton only. If, however, the manufacturer knows that retailers are in the habit of displaying the bottle without the carton, then they would be well advised to mark both. To mark the front label of a bottle correctly must be acceptable, and it is generally accepted that marking a side or reverse label or a securely tied-on label is acceptable, especially if the second label also carries important informaton such as the instructions for use or the manufacturer's name and address. A much more controversial position is the reverse side of a single label such that the declaration is read through the product. This method of marking is used by many manu- facturers and it is known that there is considerable disagreement on this issue among Weights and Measures officers. These are points which eventually must be decided in the courts. In this respect, it must be pointed out that