June 2010 © MMX H J Burnett FTSI MCQI CPD www.howardburnett.com1 Harmonised Requirements for Prepackaged Products.

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June 2010 © MMX H J Burnett FTSI MCQI CPD Harmonised Requirements for Prepackaged Products

June 2010 © MMX H J Burnett FTSI MCQI CPD Liquids Directive (75/106/EEC), Measuring Container Bottles (75/107/EEC) 1976 Solids & other liquids (76/211/EEC) Consolidation of Directives (2007/45/EC) Mandatory nominal quantities & aerosol markings The requirements in these Directive need to be implemented in domestic legislation Background

June 2010 © MMX H J Burnett FTSI MCQI CPD Frozen poultrymeat Commission Regulation (EC) 1047/2009 removes permission to pack to weight categories Laundry detergents Regulation (EC) 648/2004 Labelling Annex VII B, number of washes per pack Drained weight Solid food in certain liquid mediums Directive 2000/13/EC Specific Requirements

June 2010 © MMX H J Burnett FTSI MCQI CPD  Directive 76/211/EEC relates to prepackages containing products intended for sale in constant unit nominal quantities which are: equal to values predetermined by the packer, expressed in units of weight or volume, not less than 5 g or 5 ml and not more than 10 kg or 10 L. Not dependent of product Intention of packer Prepackages

June 2010 © MMX H J Burnett FTSI MCQI CPD  1. A prepackage within the meaning of this Directive is the combination of a product and the individual package in which it is prepacked.  2. A product is prepacked when it is placed in a package of whatever nature without the purchaser being present and the quantity of product contained in the package has a predetermined value and cannot be altered without the package either being opened or undergoing a perceptible modification. Prepackage Definition

June 2010 © MMX H J Burnett FTSI MCQI CPD Prepackage Example

June 2010 © MMX H J Burnett FTSI MCQI CPD Prepacked product sold in variable quantities Goods sold in open containers Goods sold ‘loose’ Prepackages containing less than 5 g or 5 ml Prepackages containing more than 10 kg or 10L Free samples The above cannot be ‘℮’ marked No harmonised requirements

June 2010 © MMX H J Burnett FTSI MCQI CPD

June 2010 © MMX H J Burnett FTSI MCQI CPD Variable weight product

June 2010 © MMX H J Burnett FTSI MCQI CPD Packers and Importers ensure the prepackages meet quantity requirements ensure labelled with required information Competent departments shall carry out checks at the premises of importers and packers, & may carry out checks at any stage of marketing If ℮ marked, Member States may not refuse, prohibit or restrict the placing on the market of these prepackages Requirements for ℮ marking

June 2010 © MMX H J Burnett FTSI MCQI CPD Measuring container bottles (MCB) Rigid containers with capacity between 0.05 L & 5 L when filled to fill height or a specified percentage of volume, their contents can be measured with sufficient accuracy and meet volume requirements comply with marking requirements If ɜ marked, Member States may not refuse, prohibit or restrict the placing on the market of these MCB Requirements for ɜ marked measuring container bottles

June 2010 © MMX H J Burnett FTSI MCQI CPD Manufacturer Apply for his manufacturer’s mark to be approved To ensure the capacity of the MCB meet the requirements Ensure the correct markings are applied Competent department Approved manufacturer’s marks & circulate information to other Member States Carry out checks on MCB at the premises of the manufacturer or importer Responsibilities for ɜ marked MCB

June 2010 © MMX H J Burnett FTSI MCQI CPD On its side, on the bottom rim or on the bottom Indication of nominal capacity, minimum height specified, followed by unit of measurement approved manufacturer’s mark and ɜ On the bottom rim or on the bottom brim capacity in cl (not followed by cl), and / or fill height in mm from top of MCB Marking requirements

June 2010 © MMX H J Burnett FTSI MCQI CPD If ɜ marked, Member States may not refuse, prohibit or restrict the placing on the market of these Measuring Container Bottles When filled or measured appropriately, they are an acceptable method of meeting the requirements for prepackages. MCB use

June 2010 © MMX H J Burnett FTSI MCQI CPD Example MCB markings

June 2010 © MMX H J Burnett FTSI MCQI CPD Example MCB markings

June 2010 © MMX H J Burnett FTSI MCQI CPD Example MCB templet

June 2010 © MMX H J Burnett FTSI MCQI CPD  Where a solid foodstuff is presented in a liquid medium, the drained net weight of the foodstuff shall also be indicated on the labelling.  For the purposes of this paragraph, ‘liquid medium’ shall mean the following products, possibly in mixtures and also where frozen or quick-frozen, provided that the liquid is merely an adjunct to the essential elements of that preparation and is thus not a decisive factor for the purchase: water, aqueous solutions of salts, brine, aqueous solutions of food acids, vinegar, aqueous solutions of sugars, aqueous solutions of other sweetening substances, fruit or vegetable juices in the case of fruit or vegetables.. Drained Weight Art 8.4 Dir 2000/13/EC

June 2010 © MMX H J Burnett FTSI MCQI CPD Drained net weight label

June 2010 © MMX H J Burnett FTSI MCQI CPD There are no requirements for drained net weight specified, nor method of tests WELMEC WG6-Prepackages, with OIML TC/6, has been producing guidance on both the requirements that should be met and the method of test. Guidance for prepackages can be found on the WELMEWC web-site at all the guides in the 6.X series relate to prepackages. Guidance

June 2010 © MMX H J Burnett FTSI MCQI CPD Scope of Directives on prepackages & MCB Responsibilities of packer, importer & LWMA Need to consider other requirements: specific quantities drained weight laundry detergents Any Questions?