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

40 JOURNAL OF THE SOCIETY OF COSMETIC CHEMISTS even if the Weights and Measures authorities in a manufacturers' area con- sider a method of marking to be within the Act, another officer elsewhere may make a prosecution if he thinks otherwise. It is believed, however, that in most cases of doubt, local officers do refer back to their correspond- ing authority in the manufacturers' area. Mention should also be made of the necessity not to quote misleading wording or to give misrepresentation on outer transit containers or shippers. It is not required to mark these with contents but care should be taken to check that any wording referring to contents is within the Act. As an example, everyone in the trade refers to aerosol containers as 6 oz, 8 oz, etc., but to declare "Contents 200g" on the cans and refer to "8oz size" on the bulk transit shippers is an offence. Where a coffret or carton contains a number of packs it is permitted either to mark the individual packs or to affix a label to the outside of the coffret specifying its contents. If the latter method is employed all items in the coffret must be listed, even if some of them are exempt from the Act as individuals, e.g. on account of their small size. It is only necessary, however, to quote the contents of those items covered by the Act. Calculation of declared quantity It is obvious from the spirit of the Act, and the manner in which it is being operated, that manufacturers should relate the declared contents to a figure which they believe will be met by the pack at all stages of its life. The ambiguity in this area is the meaning of a "mistake or accident beyond his control", always assuming, of course, that he had taken all reasonable precautions and exercised diligence in control. Factors affecting the calcula- tion of quantity are:- (a) the standard fill (b) variation in the size of the container (c) variation in the accuracy of the filling machine (i) by level of fill, or (ii) by quantity dispensed (d) processing loss, e.g. by spray testing, de-aeration, temperature changes, etc. (e) loss on storage after filling and (f) control of all stages of the process. It is normally assumed that the standard fill is a known quantity for any particular combination of pack and product. It is that quantity in a