Kevin Gudmundsson Legal Metrology Advisor Trading Standards MBIE New Zealand Ben Aitken Trading Standards Officer Trading Standards MBIE New Zealand Controlling Prepackage Goods The Average Quantity System

Controlling Prepackage Goods Variety of methods to control prepackage goods Minimum system Prescribed quantities (specified products) Certification system (e-mark, K-mark V-mark ) Manufacturers packing to an average system Manufacturers pack to minimum system and the average system acts as a compliance tool used by regulators to ensure businesses have adequate control over their packing process

OIML Recommendation R87 OIML - International Organisation for Legal Metrology An intergovernmental treaty organization To develop model regulations, standards and related documents for use by legal metrology authorities and industry

Controlling Prepackage Goods A single system of control OIML - International Organisation for Legal Metrology Their role is to harmonise the regulations and metrological controls of its member states. Currently 57 full members & 64 corresponding members

Controlling Prepackage Goods How do OIML achieve this? Technical committees are comprised of representatives from a variety of member economies. Develop publications: Recommendations (prefixed by the letter “R”) International Documents (prefixed by the letter “D”) Guidance Documents (prefixed by the letter “G”) This course will focus primarily on two recommendations.

Controlling Prepackage Goods OIML Documents for Prepackage Goods Trading goods is a major part of every countries economy. Having a single package goods system in place provides a greater level of confidence that every day commercial transactions are fair and honest. OIML R79 – Labelling of Prepackages OIML R87 – Quantity of Product in Prepackage

Controlling Prepackage Goods Why was AQS developed? Introduced to provide Single system Reduce barriers to trade Introduced random sampling (fair for manufacturer) To replace the minimum system (advances in packing instruments)

Controlling Prepackage Goods What is AQS? It is an internationally agreed statistical sampling method, that allows for a random selection of prepackages to be selected from a batch, for the purposes of determining the average quantity and any deficiencies of prepacked products with a ‘constant nominal content’. These products can be sold by measure (weight, volume, length or area) or count (number of items).

OIML RECOMMENDATION R79 PRE-PACKAGED PRODUCTS Kevin Gudmundsson Legal Metrology Advisor Trading Standards MBIE New Zealand Ben Aitken Trading Standards Officer Trading Standards MBIE New Zealand

OIML R79 Recommendation covers requirements for labelling of pre-packaged products with constant nominal quantity Edition 1997 Developed by the OIML technical committee TC 6 Sanctioned by OIML in 1996 Supersedes edition (1989)

Scope Sections: The identity of the product The name and place of business of the manufacturer, packer, distributor, importer or retailer The net quantity of the product Misleading Practices

Two Annexes: Annex A – Units of Measurement and Symbols (Mandatory) Annex B – Type Size of Letters and Numbers for Statements of Net Quantity on Consumer Packages (Informative) Scope

Not covered by OIML R79 Declarations of ingredients or nutritional information Products packed to random nominal quantities (catch-weight) (Unequal prepackage) Scope

Not covered by OIML R79 Goods covered by existing national regulations established for health, safety or tax, date limit for sale, storage temp etc. Non pre-packaged goods Scope

Not covered by OIML R79 Exemptions from required information on pre-package labels may be made on the basis of national practise; however, such exceptions shall be explicitly stated in national regulations. Scope

Terminology Pre-packaged product Any commodity that is both: Enclosed in a container or wrapped in any manner; and is Marked with its quantity on its label prior to being offered for sale.

wrapped in any manner

Pre-packaged product Any commodity that is both: Enclosed in a container or wrapped in any manner; and is Marked with its quantity on its label prior to being offered for sale. Terminology

Low Concern Net quantity The quantity of product in the pre-package exclusive of any packaging material. Note: Net quantity is the quantity statement on the package and not to the actual contents of an individual pre-package. Terminology

Label Includes any: Written, printed or graphic matter Affixed to, applied to, attached to, blown into, formed or moulded into, embossed on or appearing upon A package containing any product for purposes of: Branding, identifying, or giving any information about the product, or the contents of the package. Terminology

Label does not included An inspector’s tag (safety inspector e.g. meat) Other non-promotional text appearing on a product Shall not be deemed to be a label requiring the prescribed label information. Terminology

Principal display panel The part of a pre-package that is most likely to be Displayed Presented Shown Examined under normal conditions of display Terminology

Principal display panel Terminology

Person Both singular and plural including: Individuals Partnerships Corporations Companies Societies Associations Terminology

Consumer package A pre-package that is usually produced or distributed for sale to the final purchasers through retail sales agencies. [RETAIL SALE] Non-consumer package Any package intended solely for industrial, institutional or wholesale distribution. [NON RETAIL SALE] Terminology

Information Required On Pre-package Pre-packge requires the following information Identity of the product Name and place of business Net quantity

Identity Of The Product The identity of the product must be: Conspicuously marked on the principal display panel, and Of suitable size and so positioned to be easily read and understood.

Exemption from identifying the product on ‘Principal Display Panel’: If the product can be easily identified because it is inside transparent wrapping Identity Of The Product

The Identity of the product can be: Name required by law Chemicals e.g. Bleach The common, or usual name of the product e.g. dumplings, spring rolls, Udon noodles the generic name or other appropriately descriptive term. e.g. sticky tape Identity Of The Product

Name And Place Of Business Name and place of business The label shall specify conspicuously the name and place of business of the person responsible for any of the following… Manufacturing Packing Distributing Importing Retailing

Name And Place Of Business When the product is not manufactured or pre-packaged by that person but that person’s name appears on the label the name may be qualified to reveal that persons connection with the product

Name And Place Of Business For example “manufactured for...” “distributed by...” “marketed by...” “imported by...” “sold by...”

Name And Place Of Business

What information is required: Complete mailing address of the place of business in accordance with national laws and postal usage. Alternatively It may be represented as a code if allowed by national regulations.

Name And Place Of Business Using a code to identify manufacturer or packer

Declared Net Quantity Of The Pre-package Product Declared Net quantity Marked on the principal display panel Made at any one of the following locations: At the initial place of packaging Point of importation At place where offered for sale

Declared Net Quantity Of The Pre-package Product Exemption for small and mixed pre-packages Requirements for small and mixed pre-packages are set out in national regulations.

Declared Net Quantity Of The Pre-package Product Small pre-packages include individual packets of salt pepper sugar individually wrapped pieces of confectionery

Declared Net Quantity Of The Pre-package Product Mixed pre-packages Two or more individual packages

Declared Net Quantity Of The Pre-package Product Mixed pre-packages Units of dissimilar commodities

Declared Net Quantity Of The Pre-package Product Net quantity statement Expressed in terms of the largest whole unit of one or more of the following in accordance with Annex A: mass volume length area

Units of Measurement and Symbols (Mandatory) Annex A

Units of Measurement Units of Measurement shall be expressed in either words or symbols Table 1 provides the unit and the appropriate symbol for measurement

UnitSymbolUnitsSymbol milligrammgdecimetredm gramgmetrem kilogramkgsquare millimetremm² tonnetsquare centimetrecm² litreL or lsquare metrem² millilitremL or mlcubic centimetrecm³ micrometreμmμmcubic decimetredm³ millimetremmcubic metrem³ centimetrecm Table 1 – Units of Measurement Annex A

Units of Measurement Neither a full stop nor the letter “s” should be used after any of the symbols. The alternative symbol for the litre, L, is used in order to avoid the risk of confusion of the letter l and the number 1. The script letter ℓ is not an approved symbol for litre.

Annex A Units of Measurement A single space between the number and the unit of measurement must be used. (e.g. 12 ml) The following phrases may be used in connection with the net quantity deceleration: “net”, “net mass”, “net contents” or “net quantity” and can appear before or after the net quantity declaration.

Annex A Units of Measurement Table 2 indicates the correct unit within table 1 to use. This is dependant on the type of measure and the net quantity of the product.

Annex A Type of measureNet quantity of product (q)Units volume (liquids) q < 1000 mL 1000 mL ≤ q mL (ml) L (l) volume - cubic (solids) q ≤ 1000 cm³ (1 dm³) 1 dm³ < q < 1000 dm³ 1000 dm³ ≤ q cm³, mL (ml) dm³, L (l) M³ mass q < 1 g 1 g ≤ q < 1000 g 1000 g ≤ q mg g kg Table 2 – Choice of units

Annex A Table 2 – Choice of units cont. Type of measureNet quantity of product (q)Units length q < 1 mm 1 mm ≤ q < 100 cm 100 cm ≤ q mm mm or cm m area q < 100 cm² (1 dm²) 1 dm² ≤ q < 100 dm² (1 m²) 1 m² ≤ q mm² or cm² dm² m²

Quiz.1

Declared Net Quantity Of The Pre-package Product Further guidance on expressing the net quantity statement Depending on national regulations and customs, the net quantity statement for a specific product may be expressed in the following manner:

Declared Net Quantity Of The Pre-package Product Expressed by Volume If product is liquid or viscous Reference temperature would not normally appear on the label Determined at a specified reference temperature if required by national regulations

Declared Net Quantity Of The Pre-package Product Expressed by Mass if the product is solid, semi-solid or viscous, a mixture of solid and liquid or the solid part of a mixture of a solid and liquid.

Declared Net Quantity Of The Pre-package Product Expressed by Length In micro metres for the thickness of products less than 1 mm.

Declared Net Quantity Of The Pre-package Product For quantities based firmly on established general consumer usage and trade custom. The quantity must provide accurate and adequate information to the purchaser. This provision acts like a catch all provision for situations not covered on other three scenario’s

Declared Net Quantity Of The Pre-package Product For example liquid declared by mass

Declared Net Quantity Of The Pre-package Product For example  solid, semi-solid, or viscous product by volume

Aerosol dispensers Container designed to deliver product under pressure Quantity Statement to be in kilograms, grams or milligrams Declared Net Quantity Of The Pre-package Product

Aerosol dispensers Statement to declare the net quantity in mass that will be expelled This includes the propellant Declared Net Quantity Of The Pre-package Product

Net quantity - count Statements of a quantity in terms of count shall be expressed in whole numbers. i.e. Not 20.5 plates Declared Net Quantity Of The Pre-package Product

Statements of a quantity less than a whole number May contain decimal fractions to a maximum of three places For example L - quantity statement in line with R L - quantity statement is not in line with R79 Declared Net Quantity Of The Pre-package Product

Form of net quantity statements Be easily legible Contrast with the background Contrast with other information. Declared Net Quantity Of The Pre-package Product

Form of net quantity statements When value is blown, embossed or moulded on the surface of the package all other required label information shall be provided elsewhere on the surface or on a label. Declared Net Quantity Of The Pre-package Product

750 ml embossed on the bottom of a bottle of Alcoholic spirits Declared Net Quantity Of The Pre-package Product

Minimum font size (height) of quantity statement 1.5 kg or 1.5 kg This is dependant on the size of the principal display panel (See Table 3 in Annex B) or the quantity (See Table 4 in Annex B). Declared Net Quantity Of The Pre-package Product

Type size of letters and numerals for statements of net quantity on consumer pre-packages (Informative) Annex B

A consensus has not been reached on minimum type size for the lettering required for labelling of pre- packaged products. This annex gives the current requirements in the USA and the EU as examples only. USA – method based on area EU – method based on quantity Annex B

USA - area The area of principal display panel (PDP) does not include tops bottoms flanges at tops and bottoms of cans shoulders and necks of bottles and jars Annex B

USA - area The area is determined as follows: rectangular pre-package - the height × the width of the principal display panel cylindrical pre-package, 40% the height of the pre- package × the circumference. Annex B

USA - area The area is determined as follows: Any other shaped pre-package, 40% of the total surface of the pre-package, or an area considered to be a principal display panel of the pre-package. Annex B

USA – area Table 3 - Minimum Height of Numbers and Letters Area of principal display panel in square centimetres (A) Minimum height of numbers and letters in millimetres Minimum height: label information blown, formed or molded on surface of container in millimetres A < < A < < A < < A < < A

EU – quantity Table 4 - Minimum Height of Numbers and Letters Net contents (C)Minimum height of numbers and letters in millimetres C < 50 g (or ml)2 50 g (or ml) < C < 200 g (or ml)3 200 g (or ml) < C < 1 kg (or L)4 1 kg (or L) < C6 Annex B

Declared Net Quantity Of The Pre-package Product Significance of numbers on labels In general, the number used on a label shall be shown to three figures in the decimal system.

Declared Net Quantity Of The Pre-package Product Significance of numbers on labels Three exceptions are permitted: Any final zeros to the right of the decimal mark need not be expressed ml

Declared Net Quantity Of The Pre-package Product Significance of numbers on labels Quantities below 100 g, 100 mL, 100 cm³, 100 cm² and 100 cm may be shown to two figures.

Declared Net Quantity Of The Pre-package Product Significance of numbers on labels Quantities less than one shall be shown with a zero proceeding the decimal mark.

Declared Net Quantity Of The Pre-package Product Significance of numbers on labels Statements such as “half kilogram” are not acceptable.

Quiz.2

Quiz.2 EU model Product Minimum height required (mm) Recorded height (mm)Pass/Fail Apple Rings Beer Coffee Mama Lemon Macaroni and cheese Ultra milk Raisons Gula Batu Shampoo Toothpaste Vaseline Whiskas Pet food

Quiz.2 Answers Product Minimum height required (mm) Recorded height (mm)Pass/Fail Apple Rings46Pass Beer41Fail Coffee21.5Fail Mama Lemon41.5Fail Macaroni and cheese33Pass Ultra milk45Pass Raisons22Pass Gula Batu42Fail Shampoo43Fail Toothpaste32Fail Vaseline32Fail Whiskas Pet food35Pass

Misleading Practices Fill level, design and display Purchaser may not reasonably be misled as to quantity identity of the product contained within the package.

Misleading Practices Hair product

Misleading Practices Fill level, design and display Consideration must be had for accepted or recognised production practises necessary for the manufacturer or packer (food hygiene / quality) Consideration must be given to slack fill as discussed later in Annex E, R 87 “Prohibition of misleading pre- packages”.

Misleading Practices Information on more than one location If the prepackage is labelled on more than one location, the information on all labels shall be equivalent and in accordance with the requirements of R79. Dual marking

Revision Of R79 R79 is currently being revised by Technical Committee 6 under the direction of OIML. The revised R79 has been submitted to the OIML members for acceptance.

Revision Of R79 A significant change is that if required by national legislation, food products packed in a liquid medium should be provided with a drained weight statement.

Revision Of R79 Revised definition of ‘Principle Display Panel’ Aerosols can be sold by weight or volume or both according to national legislation. Information relating to misleading packages contained within R87 will being moved to R79.

OIML R 87 Annex E Prohibition of Misleading Prepackages (Mandatory)

Misleading Prepackages Prepackages must not have a false: Bottom Sidewall Lid or covering Nor be constructed or filled in such a way that may deceive customers.

Misleading Prepackages Slack fill Difference between the actual capacity of the packaging material and the volume of product it contains.

Misleading Prepackages Reasons for slack fill: Protection of product Requirements of machines used for enclosing the prepackage Unavoidable product settling during transit Specific Function

Misleading Prepackages

Protection Slack fill for this box of chocolates is approximately 50%

Misleading Prepackages

Unavoidable product settling during shipping and handling Slack fill is approximately 37%

Misleading Prepackages Unavoidable product settling during shipping and handling A box of breakfast cereal

Misleading Prepackages Specific function Product is packaged in a sturdy plastic pot from which the noodles are cooked and eaten

Misleading Prepackages Non-functional slack fill Empty space in a prepackage when it is filled to less than it’s capacity If a consumer can not fully view the product in a prepackage, it shall be considered to be filled A prepackage with excessive non-functional slack fill is considered to be misleading

Misleading Prepackages Cardboard packaging twice the size of container

Misleading Prepackages Aerosol dispensers The percentage (grade) of fill by volume of aerosol dispensers shall be as required in Annex III of European Directive 80/232/EEC of 15 January (This Annex is reproduced as table E1) Further information on misleading pre-packages is covered in OIML R79.

Misleading Prepackages Volume of the liquid phase in mL Container capacities in mL for products propelled by liquid gas Container capacities in mL for (a)Products propelled by compressed gas alone (b)Products propelled by nitrous oxide or carbon dioxide alone or by mixtures of the two alone when the product has a Bunsen Coefficient of 1.2 or less Table E1 Capacities of aerosol dispensers

Misleading Prepackages Volume of the liquid phase in mL Container capacities in mL for products propelled by liquid gas Container capacities in mL for (a)Products propelled by compressed gas alone (b)Products propelled by nitrous oxide or carbon dioxide alone or by mixtures of the two alone when the product has a Bunsen Coefficient of 1.2 or less

OIML R79 Thank you for your attention Any Question?

Ben Aitken Trading Standards Officer Trading Standards MBIE New Zealand Kevin Gudmundsson Legal Metrology Advisor Trading Standards MBIE New Zealand DAY 1 Summary

Day 1 Opening ceremony Icebreaker – Opportunity to meet other participants Presentation from each economy on how they control prepackage goods Overview of OIML – introducing a singe harmonised system

Day 1 OIML R79 – Scope including exemptions – Terminology section Prepackage product Net Quantity Label Principle display panel Person

Day 1 OIML R79 – Required information on a package Identity of the Product Name and Place of Business Net Quantity

Day 1 OIML R79 Annex A – units of measurement and symbols How to declare the net quantity – Different forms of material – Aerosols

Day 1 OIML R79 Significance of numbers on labels – No. of decimal places – Using decimals or statements such as “half kilogram’ Annex B – Height of quantity statement

Day 1 Misleading practices – Fill level – Dual marking Revision of R79 – Overview of new requirements – Misleading Prepackages – Slack fill – Aerosols

Day 1 Thank you for your attention I hope you have enjoyed the training today Any Questions?