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Notes for Guidance on

THE WEIGHING EQUIPMENT (AUTOMATIC GRAVIMETRIC FILLING INSTRUMENTS) REGULATIONS 2000

Issue 1 28 February 2002 Rachael Creed © Crown copyright National Weights and Measures Laboratory Stanton Avenue Teddington Middlesex TW11 0JZ UK STD 4781

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Health and Safety at Work Act 1974 Nothing in these Notes for Guidance should be construed as overriding, amending or deferring safety regulations and requirements issued by the Health and Safety Executive, in connection with the conduct of persons and the condition and use of machinery and equipment on any premises. Foreword The Weighing Equipment (Automatic Gravimetric Filling Instruments) Regulations 2000, SI 2000/388, hereafter referred to as “the 2000 Regulations”, implement International Recommendation R 61 of the Organisation Internationale de Métrologie Légale (OIML) into our law, that is to say the law of Great Britain. As members of OIML, we have a moral obligation to do this. This Recommendation covers automatic gravimetric filling instruments, such an instrument being defined as an "instrument which fills containers with predetermined and virtually constant mass of product from bulk by automatic weighing, and which comprises essentially an automatic feeding device or devices associated with one or more weighing units and the appropriate control and discharge devices" (R 61 T.1.3). The Regulations came into force on 17 July 2000. The 2000 Regulations set out requirements for the type approval of filling instruments, the manner in which they should be erected and installed, their verification and the need for them to meet with certain requirements if they are to be used for trade. The weights and measures legislation in Northern Ireland is expected to be brought into line in due course.

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Contents................................................................................................................. Paragraph number Part 1 – General.................................................................................................................................... 1 • Introduction.......................................................................................................................................1 • Scope and Application ......................................................................................................................5 • Transitional Exclusion .......................................................................................................................6 • OIML and removal of barriers to trade..............................................................................................7 • Changes made by the 2000 Regulations ......................................................................................10 • Note on the second column of the table in Schedule 3...................................................................12 Part 2 - Guidance for Manufacturers...............................................................................................13 • ‘Semi Automatic’ Instruments ........................................................................................................15 • Obtaining Type Approval ...............................................................................................................16 • Class of instrument ........................................................................................................................ 27 • Limits of error .................................................................................................................................29 • Testing and Stamping.................................................................................................................... 30 • Obliteration of the Stamp ...............................................................................................................37 • Use of supplementary indications ...................................................................................................39 Part 3 - Approved Verification under Section 11A of the Weights And Measures Act 1985 .....................................................................................................................................................40 Part 4 - Guidance for Inspectors (Trading Standards Officers)...................................................47 • Testing and Stamping.................................................................................................................... 48 • Schedule 5 Prescribed Limits of Error ...........................................................................................54 • Reference particle mass.................................................................................................................55 • Obliteration of the Stamp ...............................................................................................................56 • Electronic access to OIML Recommendations .............................................................................57 Part 5 - Guidance for Owners and Users.........................................................................................58 • Testing............................................................................................................................................ 58 • Manner of Erection and Installation ...............................................................................................59 • Variation of products......................................................................................................................62 • Variations to the instrument ...........................................................................................................63 • Packaged Goods Regulations .......................................................................................................64 Annex 1 • Extracts from the Weights and Measures Act 1985 referred to in these Notes for

Guidance Annex 2 • Extracts from Acts relating to the definition of ‘waste’ referred to at Schedule 3 of

The 2000 Regulations Annex 3 • Extracts from R 61 which are referenced in the 2000 Regulations but not

reproduced there, or which are required for testing for passing as fit for use for trade Annex 4 • Extracts from OIML R 61 part 2, entitled: Automatic gravimetric filling instruments

part 2: Test report format

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PART 1 GENERAL Introduction 1. These Notes have been prepared to help explain the Weighing Equipment (Automatic Gravimetric Filling Instruments) Regulations 2000, ("the 2000 Regulations"), which implement OIML R 61 (“R 61”). The 2000 Regulations apply to automatic gravimetric filling instruments that are used for trade. The Notes are for the guidance of all who are concerned with observing or applying the controls required by the Regulations. This includes the weighing instrument manufacturing industry, inspectors of weights and measures (Trading Standards Officers - TSOs), users and owners of these filling instruments. 2. These Notes for Guidance are not and do not purport to be an authoritative interpretation of the law. The law can only be interpreted by the Courts, although the Secretary of State does have certain powers to adjudicate when differences arise on interpretation of the 2000 Regulations as described in section 15(4) of the Weights and Measures Act 1985 (see Annex 1). Where examples are given throughout this guidance they represent an opinion and do not form an authoritative interpretation. In case of any doubt, users of this guidance are advised to seek their own independent, including legal, advice. 3. The 2000 Regulations provide for:

(a) the principles of the construction and marking of automatic gravimetric filling instruments; (b) the manner of their erection, installation and use; (c) their testing, passing as fit for use for trade, stamping, and obliteration of stamps; (d) their prescribed limits of error; and (e) require an accuracy class to be assigned and require that where these instruments are used for certain purposes that instruments of a certain accuracy class must be used.

4. The 2000 Regulations also made a change that did not derive from R 61, but reflected pre-existing policy on weighing and measuring instruments, which was to permit these instruments to be imported from another State of the European Economic Area (EEA) without the need for further testing within Great Britain, provided that have already been tested on the same basis as that required by the 2000 Regulations. The 2000 Regulations will help to reduce barriers to trade as they play a part in harmonising requirements for these instruments throughout the EEA. The 2000 Regulations also contain enforcement provisions. Scope and Application 5. The 2000 Regulations do not apply to filling instruments which were in use for trade before the 2000 Regulations came into force: however, these may have been

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prescribed under national legislation by the Weighing Equipment (Filling and Discontinuous Totalising Automatic Weighing Machines) Regulations 1986, SI 1986/1320, as amended (the "1986 Regulations"). Modification of an instrument that was already in use before the 2000 Regulations came into force will not make any difference to the applicability, or not, of the 2000 Regulations. Transitional exclusion 6. The 2000 Regulations allow, at regulation 4, a transitional period during which filling instruments, which fall within the scope of the 2000 Regulations, may nevertheless continue to be first passed as fit for use for trade under the 1986 Regulations up until and including 16 July 2010 - thereby allowing manufacturers of these instruments to make the most of type approvals that have already been granted. During this transitional period either the 2000 Regulations or the 1986 Regulations may be applied. At the end of the transitional period the 2000 Regulations will replace the 1986 Regulations to the extent that they apply to the same filling instruments (although any instruments that were passed as fit for use for trade under the 1986 Regulations before the end of the transitional period can remain in use). Filling instruments which do not fall within the scope of the 2000 Regulations may continue to be passed as fit for use for trade under the 1986 Regulations. OIML and removal of barriers to trade 7. All of the EC member States, and many other countries, are members of OIML. The OIML is an intergovernmental body which is dedicated to harmonising the national metrology regulations of its members. Harmonisation not only provides an important basis for measurement credibility, but also serves to promote international trade through the elimination of technical barriers. Members of OIML have an obligation to implement its Recommendations into their national law, in order to effect this. 8. In line with this, the 2000 Regulations help to remove barriers to trade by harmonising our national legislative requirements for filling instruments with the requirements of OIML Recommendation R 61. Manufacturers only need to meet the requirements of this Recommendation, if they are manufacturing filling instruments for any of the OIML member countries which have implemented this Recommendation, although this is not a direct consequence of the 2000 Regulations which have effect in Great Britain only. 9. Copies of R 61 may be obtained from the NWML International Unit administrator, telephone number 020 8943 7274 (mornings only). R 61 part 1 if purchased directly from OIML currently costs 150 French Francs and R61 part 2 costs 250 French Francs. Purchases from NWML will be charged at the sterling exchange rate of the day plus a postage/handling charge of £1.50. Changes made by the 2000 Regulations 10. In implementing the requirements of R 61, the 2000 Regulations make the following changes of substance from the 1986 Regulations:

(a) the 2000 Regulations will apply only to those automatic filling instruments which determine mass by using the action of gravity on the material (others will still be subject to the 1986 Regulations);

(b) they introduce a system of accuracy classes of instruments which may be used for trade;

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(c) they make new requirements for the marking of instruments, including for instruments to bear the marking “R 61” (this latter requirement does not derive from R 61 itself, but is intended to eliminate doubt as to which set of Regulations apply to an instrument);

(d) they make new requirements for the erection and installation of instruments, and relating to their use;

(e) a person in possession of an instrument which requires testing may be required to provide a control instrument for the inspector’s use; and

(f) the tests that will be applied to instruments and the error limi ts to be applied derive directly from R 61. Acceptable error limits, called ‘maximum permissible deviation’ by R 61, may now be either in excess or in deficiency.

11. The 2000 Regulations also go further than the 1986 Regulations in providing for the testing of instruments to be carried out at a place other than the place of use, where the inspector is satisfied that any subsequent dismantling, re-assembly or transportation to the intended place of use will not affect the accuracy or function of an instrument. Note on the second column of the table in Schedule 3 12. Queries have been raised in connection with the second column of the table in Schedule 3 to the 2000 Regulations, which is currently headed ‘Maximum capacity of filling instrument’. These queries have led NWML to conclude that the heading to the column should be amended to read ‘Maximum value of the fill’ instead. Entries below the heading should also refer to a fill value rather than a capacity. These amendments are necessary because the accuracy class should relate to the weight of the fill, not to the maximum capacity of the filling instrument. These changes to the 2000 Regulations cannot be made currently, but would be included when other amendments to Regulations are being made. Part 2: GUIDANCE FOR MANUFACTURERS 13. This part is intended to provide advice for manufacturers. Manufacturers will wish to check first whether legislation (including the 2000 Regulations) applies to their instrument, and if so, which legislation applies (regulat ions 3 and 4). It is possible for manufacturers to opt to continue to have instruments to which the 2000 Regulations could apply, passed as fit for use for trade under the 1986 Regulations, up until and including 16 July 2010. It has also been possible, from the coming into force of the 2000 Regulations, for manufacturers to have instruments passed as fit for use for trade under those Regulations. Under certain circumstances, it is also possible that neither set of Regulations will apply, and the Scope and Application section above at paragraphs 5 and 6 gives guidance on this. 14. The ‘test’ for the potential applicability of the 2000 Regulations, would be that the following statements all apply: • The instrument is a filling instrument, meaning that it sub-divides loads from bulk

into predetermined and virtually constant separate loads and discharges them; • The instrument is automatic, meaning that it follows a predetermined programme

of automatic (weighing) processes without an operator intervening and that the feed of the material and determination of the weight of the load is automated;

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• The instrument is gravimetric, meaning that the mass of a load is determined by using the action of gravity;

• The instrument is (or will be) in use for trade, meaning that the material being weighed will form part of a transaction for money or money’s worth, or relates to the payment of a toll or duty, and the instrument will be the final arbiter of the weight of that material (it is not to be checkweighed on another instrument for the purposes of such a transaction); and

• The instrument has not already been verified and brought into use under the 1986 Regulations.

‘Semi-automatic’ Instruments 15. Weights and measures legislation does not use the term ‘semi -automatic’; instruments are considered to be either automatic or non-automatic. NWML consider that an instrument is considered to be automatic if the feed of the material and determination of the weight of the load is done automatically by the instrument. It does not make any difference to this if the packaging is placed on to the instrument manually and removed manually; such an instrument would still be considered to be automatic. Contrast this with a non-automatic weighing instrument, which does not actually determine how much goes into the package, but is simply used for a static weighing operation. (This approach is consistent with that adopted in the case of automatic weighing instruments in paragraph 2(3) of Schedule 4 to the Weights and Measures (Packaged Goods) Regulations 1986, which refers to the container being placed manually in position.) A further factor which will determine whether or not an instrument can be described as automatic relates to how the top-up facility works. If the top-up facility is non-automatic, i.e. it is not generated automatically by the instrument; then the instrument as a whole would be considered to be non-automatic. Obtaining Type Approval 16. In order for an instrument to be passed as fit for use for trade, a type approval certificate must have been issued by the Secretary of State under national legislation (regulation 6(a) and definition of “certificate of approval”) which is in force when the instrument is so passed. This means that the design of the instrument must be examined and tested to ensure that it meets certain legal, technical and accuracy requirements. Note that the 2000 Regulations do not actually make provision for type approval, other than that it must have been carried out (by reference to that certificate) – subject to compliance with that certificate, the 2000 Regulations take effect from the point at which the instrument is submitted for initial verification, which is subsequent to type approval. However, in practice, those carrying out type approval will be bearing in mind the requirements of the 2000 Regulations. R 61 itself makes provision for type approvals. 17. For instruments that will be used in the UK, manufacturers need to apply to NWML for type approval, using form TE/02 headed ‘Application for Type examination’. Since there is at present no EC Directive for these automatic weighing instruments, type approvals issued are only valid in the UK. However, NWML can also issue an OIML certificate of conformity, which, when associated with a UK type approval certificate, will mean in practice that type approval will be granted in most European countries who have signed the WELMEC Type Approval Agreement without further testing being carried out. Further details of the Agreement can be found at www.welmec.org. Conversely, instruments that have been granted an R 61 Certificate of Conformity by another European type approval authority will automatically meet most of the requirements of the 2000 Regulations. No further

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examinations or tests on the instrument will be required within this country, and the type approval here will be a paperwork exercise. However, further testing would be required where the instrument is not accompanied by the required documentation or if there was some doubt as to the validity of the testing which had been carried out. 18. Before applying for type approval, manufacturers may wish to take advice on what the necessary construction etc. requirements are for instruments under the 2000 Regulations. Manufacturers can apply to NWML for consultancy advice, using form TE/01. At present, the first hour of consultation is offered free to first-time applicants to NWML. 19. Guidance note code TE/03 provides advice both on applying for consultancy and on applying for type approval. Guidance note TE/12 provides advice on the acceptance by NWML of test results from another organisation, as a part of issuing a type approval. 20. The guidance notes and the application forms can all be downloaded from NWML’s website at www.nwml.gov.uk Alternatively they can be faxed to you – contact the MICU administrator on telephone number 020 8943 7209 (every day except Wednesdays) providing your fax, and if available, e-mail, details. 21. Modules, peripherals, or major parts of weighing instruments can be tested by NWML as separate parts and issued with a Test Certificate. The test certificate may be quoted in a type approval certificate, thus reducing the time required to examine an instrument made from test certificated modules and components. The range of modules that can be issued with a Test Certificate include indicators, load cells, printers, EPoS devices, peripheral devices, and software. 22. Clause 5.2.1 of R 61 indicates what information manufacturers would need to submit as a part of their application for a type approval. Each of the requirements listed may be explained as follows: • Metrological characteristics of instrument: manufacturers should indicate

which accuracy class they are intending that the instrument should achieve. It may be that the use to which the instrument will be put will have a bearing on the manufacturer’s intentions for the accuracy class. The maximum and minimum capacities and the scale interval – ‘e’ should be given.

• A set of specifications for the instrument: the information that is detailed under the list of required markings at clause 3.10.1 and 3.10.2 of R 61 should be provided. The number of load cells in the instrument should also be indicated as knowledge of this aids NWML in its assessment of the character of the instrument.

• A functional description of the components and devices: this should include details of how they operate.

• Drawings, diagrams and general software information (if applicable), explaining the construction and operation, including interlocks;

• Any document or other evidence that the design and construction of the instrument complies with the requirements of this Recommendation; the manufacturer’s version number for the type of instrument should be given. Details should also be provided of the security of the weighing parameters and how these are protected from being changed. If any tests have already been carried out on the instrument under the WELMEC Type Approval Agreement (see above), the report of those tests should also be submitted if it is intended that NWML should take account of these previous test results.

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23. NWML prefer to receive the above information electronically, although the covering letter requesting the type approval would need to be a hard copy, as a ‘real’ signature is required. Manufacturers should be aware that NWML may also need to see a representative instrument installed in order to issue a new type approval certificate; and that this may also be required in the case of instruments that manufacturers are proposing to import into the UK. The installed instrument could be either at the manufacturer’s premises or elsewhere, so long as the installation is representative of how the instrument will be used and it is possible to carry out a representative test on the instrument. NWML can advise on whether or not an installation would be appropriate. 24. Once these details have been submitted, NWML’s Measuring Instrument Certification Unit can usually provide a cost estimate for the type approval within 10 days. The type approval itself can usually be completed by NWML in 6 -10 weeks. 25. Where there are proposals to introduce alternative parts to a filling instrument, it may be necessary to apply for a variation to the type approval certificate. Whilst, type approval of every proposed alternative part may not be required, any change from the components which have been described in the type approval certificate for that instrument should be notified to the body who issued the type approval, so that the body can assess the likelihood that the fitting of those components will affect the accuracy of the instrument. A change that is likely to necessitate a variation to the type approval is, for instance, changing the load cell type. The need for notification to the approval body of changes does not extend to the replacement of identical parts during repair. 26. There are two sets of circumstances in which a type approval is not required for the filling instrument, and under which neither the 1986 Regulations nor the 2000 Regulations would need to be applied: i) if packing by the filling instrument is followed by a checkweighing operation to

check the weight of the packages and that checkweigher meets the specification in one or other of sub-paragraphs 7(2) to 7(5) in Schedule 4 to the Weights and Measures (Packaged Goods) Regulations 1986;

ii) where a filling instrument is used in conjunction with a checkweigher to which i) above does not relate, the filling instrument does not require to be stamped because it is considered that it is the checkweigher that is in use for trade, not the filling instrument. Although the checkweigher determines what “goes out of the factory gate” such instruments are not prescribed and are thus not subject to metrological control, beyond the requirement that they must not be false or unjust. However, there is still a responsibility upon the packer to ensure that any quantity marking on the goods complies with the requirements of the Weights and Measures Act 1985.

Class of instrument 27. In manufacturing an instrument, the manufacturer will usually intend it to meet a particular accuracy class. When the instrument is submitted for type approval it will undergo static testing during influence quantity testing, and the results of this will indicate that the instrument belongs to a particular reference value for accuracy class. This class is the best class for which the instrument may be verified for use, although it may transpire that given a particular installation, or particular materials with which it may be used, it is not able to meet this accuracy class, but must be designated finally to a lower class. The tests for type approval include a representative material test, but the Inspector (also known as a Trading Standards

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Officer) or the approved verifier who carries out the verification of the instrument has responsibility for carrying out a material test as a part of that verification. The instrument’s final class may also be affected by the conditions, such as environmental ones, in which it will be operating. 28. The 2000 Regulations do not define “minimum capacity” in a way in which it can be easily quantified in respect of any particular value for an instrument. In identifying the minimum capacity for a particular instrument, the manufacturer will need to take account of the temperature effect on the no-load indication test (R 61 part 1 clause A.6.2.2). Other values that will be interrelated with the value of the minimum capacity are the value of the significant fault, the value of the error for the warm-up tests and the error derived from the span stability test. Limits of error 29. In preparing the 2000 Regulations, some consideration was given to assigning appropriate limits of error to instruments which are used for certain purposes, much as Schedule 3 to the 1986 Regulations had done previously. This led to similar accuracy class requirements being made in Schedule 3 to the 2000 Regulations. These were chosen with the objective of keeping the limits or error in relation to certain uses as near as possible to those which were required by the 1986 Regulations. Schedule 5 to the 2000 Regulations contains the actual prescribed limits of error, and also details the maximum permissible preset value error. It is considered that ‘preset value’ means the target weight which the instrument is set to achieve, on completion of the filling operation. Testing of the ‘error’ of the preset value is determined by the offset of the average of the fills from the ‘preset value’. Testing and Stamping 30. Regulation 6 specifies the requirements to be satisfied for an instrument to be passed as fit for use for trade, and regulation 7 makes supplementary requirements. The testing and examination for passing as fit for use for trade will normally be carried out at the place at which the instrument will be installed. 31. However, where the testing has been carried out elsewhere, regulation 7(4) provides that instruments which have then been dismantled, transported and re-assembled, need not necessarily be tested again; if the inspector is satisfied that the requirements for accuracy and functioning are still met by the instrument. 32. Manufacturers are often uncertain as to whether their instrument must be tested in-situ, or whether it is transportable. As a guide, it should be considered whether the instrument needs to be taken apart in order to transport it, and if so, whether the detachment and re-attachment of even peripheral parts could have an effect on the instrument’s accuracy and functioning. Imported or transported instruments that do not need to undergo full re-testing in-situ may nevertheless need to undergo the tilt test in-situ – see clause 2.5.3 of R 61 and paragraph 35 below. 33. Under regulation 7(2), manufacturers requiring an inspector to pass an instrument as fit for use for trade must provide suitable material for the inspector to use in testing the instrument and must make available for the inspector’s use a control instrument; which is an instrument which will be used to carry out an independent test of the weight of the test material. 34. Regulation 8 and 9(2) will be relevant for manufacturers importing from another EEA State. In that event and if the relevant tests have been carried out in that other

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EEA State, no further tests will be required provided the instrument is also accompanied by the “requisite documentation”, see regulation 8(2), which in practice means a copy of section 7 of R 61 part 2, completed for that instrument. Further, the relevant test results presented must relate to testing with the same material with which the current instrument will be used. However, in each case, it will be for the inspector to decide whether re-testing is necessary if he is not satisfied as regards the authenticity of the test report or results or the effect of any dismantling of the instrument after such tests (see regulation 8(4)). 35. When the inspector is satisfied that the instrument may be passed as fit for use for trade the instrument will be stamped on the verification mark support – see regulation 10(1). 36. The manufacturer will need to determine whether the filling instrument is going to be permanently fixed or mobile. An instrument that has been type approved only for a fixed installation would be illegal for mobile use. If an instrument is to be used as a mobile unit it will need to have undergone tilt testing at the type approval stage. Where an instrument which has a type approval for a fixed installation is subsequently used as a mobile unit, it will also need to undergo the tilt test, which may have an effect on the reference accuracy class. This change of use (and class) must be included in the type approval certificate. Obliteration of the Stamp 37. See regulation 12 - manufacturers would need to be aware, on behalf of their customers, that the instrument may be subject to obliteration of the stamp if it does not maintain its characteristics. The stamp might also be obliterated in cases in which the instrument is used to measure materials for which it is deemed to be unsuitable. 38. Regulations 13 and 14 draw a distinction between cases in which an inspector shall obliterate the stamp and cases where the inspector may obliterate the stamp. The distinction is that where alterations or additions etc. have been made to an instrument that might affect its accuracy and function, and the local chief inspector of weights and measures was informed about it beforehand, the inspector then has the discretion not to obliterate the stamp. However, if the inspector comes across such an instrument and has not been informed about the alteration or addition etc. beforehand, then the stamp must be obliterated. This provision is intended to encourage users of instruments to inform their local inspector of alterations that they intend to make to an instrument. It is suggested that, where packers are proposing to make alterations to an instrument that may affect its accuracy or function, they should send written details to their local chief inspector of weights and measures, in order to minimise the likelihood that the stamp on the instrument will be obliterated. Use of supplementary indications 39. The Weights and Measures (Metrication Amendments) Regulations 2001 amended the 2000 Regulations to include a provision at regulation 6A permitting instruments to provide a supplementary indication of the quantity of material weighed, as well as the metric indication. This means that imperial measurements of the quantity may be indicated by the instrument as a supplementary indication.

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Part 3: VERIFICATION BY APPROVED VERIFIERS UNDER SECTION 11A OF THE WEIGHTS AND MEASURES ACT 1985 40. The Deregulation (Weights and Measures) Order 1999 (SI 1999/503) introduced new provisions into the Weights and Measures Act 1985 which permit self-verification of weighing and measuring equipment intended for use for trade. 41. Amongst other things, the Order introduced section 11A to the 1985 Act which permits the Secretary of State to approve persons (manufacturers, installers or repairers of equipment to which section 11 applies) to conduct the testing, passing as fit for use for trade and stamping with the prescribed stamp (verification) of equipment to which section 11 applies. 42. This provision is underpinned by a requirement that the approved verifier must possess an acceptable documented quality system which will be expected to conform with the relevant clauses of ISO 9001: 2000 and which must also fully encompass the requirements of Schedule 3A of the Weights and Measures Act 1985. 43. Among other things the approved verifier’s quality system documentation shall include: -

• Details of the organisational structure; • procedures for the testing of the equipment for which an approval is sought; • procedures for ensuring that only automatic gravimetric filling instruments

complying with the Weighing Equipment (Automatic Gravimetric Filling Instruments) Regulations 2000 and with a certificate of type approval are passed as fit for use for trade

• procedures for ensuring that staff involved in verification activities are competent and for their training to be kept up to date;

• procedures for the identification and control of measuring and test equipment used to perform verification testing;

• procedures for the control of documents and records • procedures for undertaking internal reviews and audits of his quality system. • and procedures to notify NWML of any changes to the quality system which

might have an influence on the businesses’ verification activities. 44. Normally, an applicant becoming an approved verifier will have had their quality system certified by an acceptable Accredited Certification Body which will have undertaken its assessment of the applicant’s quality system in accordance with requirements which have been issued by NWML. Alternatively NWML is able to conduct its own assessment of an applicant’s quality system.

45. Approved verifiers will also be subjected to audits to confirm that their verification activities continue to be conducted to the requirements of the approval. In the case of approved verifiers possessing an acceptable certified quality system these audits will generally form part of the normal surveillance and audits conducted by the certification body. Approved verifiers not in possession of an acceptable certified quality system will be subject to similar audit by NWML. (However, the Secretary of State may require additional audits and may issue directions to the approved verifier in respect of matters specified in its approval.) 46. Additionally, NWML has funding to additional inspection visits upon approved verifiers as it sees necessary (nominally 2 per annum).

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Part 4: GUIDANCE FOR INSPECTORS (TRADING STANDARDS OFFICERS) 47. Inspectors will need to determine first whether an instrument with which they have been presented falls within the scope of the 2000 Regulations – see paragraphs 5, 6 and 13 above. Testing and Stamping 48. Inspectors who are presented with an instrument for passing as fit for use for trade should be able to obtain the type approval details from PADS (Pattern Approval Data Service) or from a hard copy version (those who do not subscribe to PADS can ask to be placed on NWML’s mailing list for hard copies – contact Publications at NWML). For imported instruments, the inspector would also need to ensure that type approval had been granted in this country. The inspector may take account of the results of the material tests, associated with the certificate of conformity, set out in the format followed in section 7 of R 61 part 2 or equivalent. 49. Inspectors who are asked to carry out the initial verification of an instrument should be aware that the type approval documentation for the instrument may have resulted from the testing of the prototype with different products or materials from those with which the instrument currently before the inspector will be used. The type approval only indicates that the instrument was able to operate accurately with the particular product with which it was tested. The inspector will need to be satisfied that the instrument will function correctly within the appropriate accuracy class with the product that is now proposed. Where the instrument which is being presented is made up of modules which have been type approved, provided that the type approval is valid for the system as a whole the verification may be carried out without the need for the inspector to contact NWML. 50. Inspectors will wish to take account of all of the provisions of the 2000 Regulations in passing instruments as fit for use for trade, but especially those at regulations 6 and 9. Regulation 6 refers to clause 5.3 of R 61 part 1, which is headed ‘Initial verification’. This sets out the examinations and tests that the inspector will need to carry out. Note that 5.3.1 refers to clause 2 excluding 2.2.1 and 2.5, but 2.4 is not applicable either, as it relates to the tests at 2.5. Although the second paragraph of clause 5.3.1 stipulates that the tests must be carried out in-situ, this requirement has necessarily been relaxed, to take account of arrangements for the mutual recognition of test results with our EEA partners – see regulation 7(4). Section 5.3 as a whole cross-refers to various other clauses of R 61, to which the inspector would need to refer. Completion of the relevant material test in Annex 4 below will establish the final accuracy class of the filling instrument. If the integral verification method is being followed (as described at clause 7.2 of R 61 part 2) clause 6.5.2 should be referred to. 51. The equipment and test material that the inspector will need in order to carry out testing of an instrument should be provided by the person or organisation in ownership of the instrument (see regulation 7(2) and paragraphs 32 above and 55 below). However, it would be advisable for the inspector to discuss in advance the material that will be needed, in particular the total number of tests to be carried out and whether it would be practicable to attempt to recycle the same material for each individual test. The submitter or manufacturer of the equipment may be able to provide testing equipment that the inspector can use, provided that it is traceable (section 5(2)(a) of the Weights and Measures Act 1985 refers).

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52. In the case of an instrument provided with a means of giving a visual indication and/or printout of the value of the measurement made of individual weighments, the inspector will need to provide: • weights or masses to load the instrument to its maximum capacity; and • change point weights equivalent to one-tenth of the scale interval, to cover at

least one scale interval. The inspector will also need to have available protective clothing and stationery as required.

53. In connection with regulation 9(1), inspectors will need to know whether an instrument has been approved as a fixed or mobile installation, and if the instrument is intended to be mobile they will need to ensure that the type approval permits this (testing to ensure compliance with clause 2.5.3 of R 61 part 1 will need to have taken place as a part of type approval). Prescribed Limits of Error 54. Using the relative errors in Table 1 of R 61 (which is reproduced in Schedule 5 to the 2000 Regulations), the values determined may run to several decimal places. It is the opinion of NWML that it would be appropriate to round the maximum permissible deviation to the nearest scale interval. Reference particle mass 55. In relation to in-service testing, the text below Table 1 which is reproduced in Schedule 5 of the 2000 Regulations describes how the maximum permissible deviation (mpd) in that Table may be recalculated under circumstances in which the reference particle mass exceeds one-tenth of the maximum permissible in-service deviation. In such cases, the mpd shall be increased by 1.5 times the value of the reference particle mass. However, the maximum value of the maximum permissible deviation shall not exceed (x) × 9 %. Here follows two examples: Example 1 Instrument: Class X(1) Value of the mass of the fill: 500 g Reference particle mass (Ref): 5 g Maximum permissible deviation of the fill from the average (mpd) = 15 g ∴ 0.1 x mpd = 0.1 x 15 = 1.5 g Ref (5 g) is greater than 0.1 mpd (1.5 g), so a new mpd must be calculated: mpd = mpd + 1.5 x Ref = 15 g + 1.5 x 5 g = 22.5 g However, there is an upper limit on the mpd of: (x) x 9 % = 500 x 1 x 9 % = 45 g. The calculated mpd of 22.5 g is less than the upper limit of 45 g. ∴ the value of the mpd for a 500 g fill with a Ref of 5 g is 22.5 g.

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Example 2 Instrument: Class X(0.5) Value of the mass of the fill: 10, 000 g Reference particle mass (Ref): 300 g Maximum permissible deviation of the fill from the average (mpd) = 75 g ∴ 0.1 x mpd = 0.1 x 75 = 7.5 g Ref (300 g) is greater than 0.1 mpd (7.5 g), so a new mpd must be calculated: mpd = mpd + 1.5 x Ref = 75 g + 1.5 x 300 g = 525 g However, there is an upper limit on the mpd of: (x) x 9 % = 10, 000 x 0.5 x 9 % = 450 g. The calculated mpd of 525 g is greater than the upper limit of 450 g. ∴ the value of the mpd for a 10, 000 g fill with a Ref of 300 g shall be limited to 450 g. Obliteration of the Stamp 56. The inspector is required to obliterate the stamp on any instrument which does not meet with the requirements of the 2000 Regulations. This might be because it does not meet with the limits of error requirements, or it has been altered or adjusted such that its accuracy or function have been effected and the local chief inspector was not forewarned of the alteration in advance – see regulations 12 to 14. Other reasons for obliterating of the stamp include: that the loads the instrument is being used to measure are outside of the minimum to maximum capacity range; that the instrument is being subjected to extraordinary operating conditions; or that it is being used for an unsuitable purpose. See also paragraph 37 above on guidance to regulations 13 and 14. Electronic access to OIML Recommendations 57. It is intended that Trading Standards Departments should have free electronic access via a password to OIML Recommendations, via the NWML website; and this has been agreed with the Bureau International de Métrologie Légale. Access should be available from June 2002. Any enquiries about access should be directed to Dan Shipp via dan.shipp@nwml.gov.uk or 020 8943 7249.” Part 5 GUIDANCE FOR OWNERS AND USERS Testing 58. When submitting a filling instrument to an inspector for testing and stamping, the owner or user of the instrument would normally need to arrange for material for test loads to be available (regulation 7(2)); access to and use of a control instrument (likely to be a non-automatic weighing instrument); and facilities to transport the material between the filling instrument and the control instrument. Manner of Erection and Installation

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59. Schedule 1 to the 2000 Regulations makes requirements in relation to the manner of erection and installation of instruments. When an instrument is permanently installed, it should be level. This may necessitate alignment with a spirit level when it is being installed. 60. Moveable instruments should have undergone tilt testing at the type approval stage and ideally should be fitted with one or more integral level indicating devices which should be used to set it into its reference position. When the instrument is (temporarily) installed, the integral level indicating device should be utilised or a spirit level with the appropriate degree of sensitivity should be used. 61. Filling instruments are often installed in hostile environments where the materials being processed could be at least partially responsible for the detrimental conditions. Unless given periodic attention, deposits of material may settle on or penetrate parts such that the metrological integrity of the equipment is affected. Regulation 14(c) of the Regulations makes provision for the obliteration of the stamp on a filling instrument where environmental or operating conditions adversely affect the operation or metrological characteristics of a filling instrument and requirements relating to the use of instruments are made at Schedule 2 to the 2000 Regulations. Variation of products 62. Where it is proposed that the instrument be used to weigh a different product from that with which it was initially verified, it will be necessary to seek the inspector’s advice as to whether the instrument needs to be verified again in relation to the new product. It may be that the new product will be sufficiently similar to the original product and further testing may not be necessary. The inspector will need to consider product density, particle size, flowrate and viscosity and the owner or user may need to demonstrate to the inspector that consistent fill weights can be achieved before a decision may be made as to whether a full re-verification or re-designation is necessary. Note that a change in the product may affect the ‘maximum rate of operation’ (this is one of the required markings listed in Schedule 4). The inspector should be able to advise as to whether a change to this marking is required. It would be hoped that in most cases the products described in the type approval certificate would cover an appropriate range so that constant checking with the local inspector would not be necessary. Variations to the instrument 63. If the owner or user of the instrument discovers that they will need to change some of the parts of the instrument in order to use it for a different purpose, they will need to refer to the type approval certificate in order to ensure that any changes that are made to the instrument are compatible with the certificate. If the change may be incompatible, a variation to the type approval certificate which was issued to the manufacturer will be needed. Owners and users should also be aware that changes made to an instrument could result in the obliteration of the stamp on that instrument under regulation 13 or 14, thereby taking the instrument out of use - see paragraphs 37 and 55 above. Packaged Goods Regulations 64. Whilst similar instruments might be used under the 2000 Regulations or under the requirements of the Weights and Measures (Packaged Goods) Regulations 1986; these two sets of Regulations in fact describe two entirely separate sets of requirements.

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65. The 2000 Regulations do not make any specific provisions for arrangements under which feedback from a checkweigher influences the operation of an automatic gravimetric filling instrument.

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ANNEX 1 EXTRACTS FROM THE WEIGHTS AND MEASURES ACT 1985 REFERRED TO IN THESE NOTES FOR GUIDANCE SECTION 11 Weighing or measuring equipment for use for trade 11.-(1) The provisions of this section shall apply to the use for trade of weighing or measuring equipment of such classes or descriptions as may be prescribed. (2) No person shall use any article for trade as equipment to which this section applies, or have any article in his possession for such use, unless that article, or equipment to which this section applies in which that article is incorporated or to the operation of which the use of that article is incidental,- (a) has been passed by an inspector or approved verifier as fit for such

use, and (b) except as otherwise expressly provided by or under this Act, bears a

stamp indicating that it has been so passed which remains undefaced otherwise than by reason of fair wear and tear.

(3) If any person contravenes subsection (2) above, he shall be guilty of an offence and any article in respect of which the offence was committed shall be liable to be forfeited. (4) Any person requiring any equipment to which this section applies to be passed by an inspector as fit for use for trade shall submit the equipment, in such manner as the local weights and measures authority may direct, to the inspector who (subject to the provisions of this Act and of any regulations under section 15 below) shall- (a) test the equipment by means of such local or working standards and

testing equipment as he considers appropriate or, subject to any conditions which may be prescribed, by means of other equipment which has already been tested and which the inspector considers suitable for the purpose,

(b) if the equipment submitted falls within the prescribed limits of error

and by virtue of subsection (10) below is not required to be stamped as mentioned in paragraph (c) of this subsection, give to the person submitting it a statement in writing to the effect that it is passed as fit for use for trade, and

(c) except as otherwise expressly provided by or under this Act, cause it

to be stamped with the prescribed stamp. (4A) An approved verifier may (subject to the provisions of this Act, to any regulations under section 15 below and to any conditions included in his approval)- (a) test any equipment to which this section applies by means of other

equipment which has already been tested and which the verifier considers suitable for the purpose,

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(b) if the equipment being tested falls within the prescribed limits of error

and by virtue of subsection (10) below is not required to be stamped as mentioned in paragraph (c) below, make a statement in writing to the effect that it is passed fit for use for trade, and

(c) except as otherwise expressly provided for by or under this Act, stamp

it with the prescribed stamp. (5) There shall be charged in respect of any test carried out under subsection (4) above such reasonable fees as the local weights and measures authority may determine. (6) An inspector shall keep a record of every test carried out by him under subsection (4). (6A) In this Act ‘approved verifier’, in relation to weighing or measuring equipment of any class or description, means a person who is for the time being approved under section 11A below in relation to the testing, passing and stamping of weighing or measuring equipment of that class or description. (7) Except as otherwise expressly provided by or under this Act, no weight or measure shall be stamped as mentioned in subsection (4)(c) or (4A)(c) above unless it has been marked in the prescribed manner with its purported value. (8) Subject to subsection (9) below, where any equipment submitted to an inspector under subsection (4) above is of a pattern in respect of which a certificate of approval granted under section 12 below is for the time being in force, the inspector shall not refuse to pass or stamp the equipment on the ground that it is not suitable for use for trade. (9) If the inspector is of opinion that the equipment is intended for use for trade for a particular purpose for which it is not suitable, he may refuse to pass or stamp it until the matter has been referred to the Secretary of State, whose decision shall be final. (10) The requirements of subsections (2), (4), (4A) and (7) above with respect to stamping and marking shall not apply to any weight or measure which is too small to be stamped or marked in accordance with those requirements. (11) Where a person submits equipment to an inspector under this section, the inspector may require the person to provide the inspector with such assistance in connection with the testing of the equipment as the inspector reasonably considers it necessary for the person to provide and shall not be obliged to proceed with the test until the person provides it; but a failure to provide the assistance shall not constitute an offence under section 81 below. (12) If an inspector refuses to pass as fit for use for trade any equipment submitted to him under this section and is requested by the person by whom the equipment was submitted to give reasons for the refusal, the inspector shall give to that person a statement of those reasons in writing. (13) In the case of any equipment which is required by regulations made under section 15 below to be passed and stamped under this section only after it has been installed at the place where it is to be used for trade, if after the equipment has been

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so passed and stamped it is dismantled and reinstalled, whether in the same or some other place, it shall not be used for trade after being so reinstalled until it has again been passed under this section. (14) If any person- (a) knowingly uses any equipment in contravention of subsection (13)

above, or (b) knowingly causes or permits any other person so to use it, or (c) knowing that the equipment is required by virtue of subsection (13)

above to be again passed under this section, disposes of it to some other person without informing him of that requirement,

he shall be guilty of an offence and the equipment shall be liable to be forfeited. (15) Subject to subsection (13) above, a stamp applied to any equipment under this section shall have the like validity throughout Great Britain as it has in the place in which it was originally applied, and accordingly that equipment shall not be required to be re-stamped because it is used in any other place. (16) If at any time the Secretary of State is satisfied that, having regard to the law for the time being in force in Northern Ireland, any of the Channel Islands or the Isle of Man, it is proper so to do, he may by order provide for any equipment to which this section applies duly stamped in accordance with that law, or treated for the purposes of that law as if duly stamped in accordance with it, to be treated for the purposes of this Act as if it had been duly stamped in Great Britain under this section. SECTION 11A 11A.-(1) Subsection (2) below applies where, as regards a person who carries on business (whether in Great Britain or elsewhere) as a manufacturer, installer or repairer of equipment to which section 11 above applies, the Secretary of State- (a) is satisfied that the person would, if approved under this section,

satisfy the requirements set out in Part II of Schedule 3A to this Act, and

(b) considers the person a fit and proper person to be so approved. (2) The Secretary of State may approve the person for the purpose of- (a) testing any equipment to which section 11 above applies and which is

manufactured, installed or repaired by him, (b) passing any such equipment as fit for use for trade, and (c) stamping any such equipment with the prescribed stamp. (3) Before granting an approval under this section, the Secretary of State may carry out such audits and inspections of the person’s systems and procedures as he considers necessary to establish that the conditions of the approval would be observed.

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(4) Schedule 3A to this Act (which relates to approvals under this section and matters connected with such approvals) shall have effect. (5) In that Schedule ‘approval’ means an approval under this section and ‘the verifier’, in relation to such an approval, shall be construed accordingly. SECTION 15(4) If any difference arises between an inspector and any other person as to the interpretation of any regulations made under this section or as to the method of testing any weighing or measuring equipment, that difference may with the consent of that other person, and shall at the request of that other person, be referred to the Secretary of State, whose decision shall be final. SCHEDULE 3A SCHEDULE Article 2(13) “SCHEDULE 3A TO THE 1985 ACT” APPROVALS UNDER SECTION 11A PART I APPROVALS: GENERAL Fees 1. Where- (a) any person makes an application for an approval, or (b) an approval is to be, or has been, granted to any person, the Secretary of State may require that person to pay, in respect of any work carried out by or on behalf of the Secretary of State in relation to the application or the approval, such reasonable fee as the Secretary of State may determine with the approval of the Treasury. Form, effect and conditions of approvals 2.-(1) An approval shall be in writing and, unless previously withdrawn in accordance with any term in that behalf contained in the approval and subject to the following provisions of this Part of this Schedule, shall continue in force for such period (not exceeding five years) as may be specified in the approval. (2) An approval- (a) shall specify the classes or descriptions of weighing or measuring

equipment for the testing, passing as fit for use for trade and stamping of which the verifier is approved,

(b) may include such conditions as appear to the Secretary of State to be requisite or expedient having regard to the need to ensure that only such equipment as is fit for use for trade is passed as fit for such use, and

(c) shall contain conditions requiring the verifier to satisfy the requirements set out in Part II of this Schedule.

(3) Without prejudice to the generality of sub-paragraph (2) above, conditions included in an approval by virtue of that sub-paragraph may-

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(a) require the verifier to comply with any direction given by the Secretary of State as to such matters as are specified in the approval or are of a description so specified;

(b) require the verifier to ensure that his procedures for the testing of weighing or measuring equipment conform with such quality standards as are specified in the approval or are of a description so specified.

Suspension of approvals 3.-(1) If it appears to an inspector that, otherwise than in accordance with section 15A of this Act, the prescribed stamp has been, or is being, applied by an approved verifier to equipment which had not, or has not, been duly tested and passed as fit for use for trade, he may give to the verifier a notice (a “suspension notice”) suspending the verifier’s approval (either generally or in relation to particular areas or places) for a period not exceeding 28 days. (2) Where an inspector gives a suspension notice, he shall forthwith send a copy of the notice to the Secretary of State and inform the approved verifier in writing of- (a) the circumstances which have led to the giving of the notice; (b) the date on which the notice takes effect; and (c) the effect of the following provisions of this paragraph. (3) An approved verifier who has taken steps to prevent a recurrence of the circumstances which led to the giving of a suspension notice may apply to the inspector for the suspension to be withdrawn before the expiry of the specified period; and an application under this sub-paragraph- (a) shall be made by notice to the inspector given not later than 21 days

after the date of the suspension notice, and (b) shall state the steps taken to prevent such a recurrence. (4) An inspector shall consider any application made to him under sub-paragraph (3) above and, having done so, shall notify the approved verifier of his decision. (5) An approved verifier who is aggrieved by a suspension notice may apply to the Secretary of State to review the suspension; and an application under this sub-paragraph- (a) shall be made by notice to the Secretary of State given not later than

21 days after the date of the suspension notice, and (b) shall state the grounds on which the application is made. (6) The Secretary of State shall consider any application under sub-paragraph (5) above and, having done so, shall notify the approved verifier and the inspector of his decision. (7) Where the Secretary of State decides under sub-paragraph (6) above to uphold the suspension, he shall also notify the approved verifier and the inspector of the grounds for his decision. (8) Where the Secretary of State decides under sub-paragraph (6) above not to uphold the suspension, he shall instruct the inspector to withdraw the suspension. Withdrawal of approvals 4.-(1) Subject to sub-paragraph (2) below, the Secretary of State may by written notice withdraw an approval if at any time during the continuance of the approval- (a) he is of the opinion that if the approval had expired at that time he

would have been minded not to grant a further approval; (b) it appears to him on reasonable grounds that the verifier is, or has

been, in breach of any condition contained in the approval; or

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(c) any fee due to the Secretary of State by virtue of a requirement made by him under paragraph 1 above has not been paid.

(2) Except where the Secretary of State considers in the circumstances of any particular case that it is necessary for him to withdraw an approval without delay, he shall not withdraw an approval unless he has given the verifier at least 28 days written notice of his intention to do so and of the grounds for withdrawal. (3) Where the Secretary of State withdraws an approval without giving the notice required by sub-paragraph (2) above, he shall, at or before the time when the withdrawal takes effect, give the verifier written notice of the grounds for withdrawal and of his reasons for considering it necessary to withdraw the approval without delay. (4) Where a verifier receives notice under sub-paragraph (2) or (3) above, he may within 21 days of receipt of the notice make representations in writing to the Secretary of State. (5) The Secretary of State shall consider any representations so made and, having done so, shall notify the verifier of his decision. Grant of new approval following withdrawal 5.-(1) Where the Secretary of State decides, whether in the light of representations or otherwise, that an approval which has been withdrawn should not have been withdrawn, he shall as soon as reasonably practicable grant a new approval to the former verifier. (2) The new approval shall expire on the date on which the withdrawn approval would have expired and (except as may otherwise be agreed with the former verifier) shall be subject to the same terms and conditions as the withdrawn approval. (3) Where the Secretary of State grants a new approval under sub-paragraph (1) above, the verifier shall be deemed to have remained approved for the period beginning on the date on which the original approval was withdrawn and ending on the date on which the new approval took effect. Application for further approval 6.-(1) This paragraph applies where, not less than three months before the end of the period specified in an approval as the period for which the approval is to continue in force, the verifier applies to the Secretary of State for the grant of a further approval in the same, or substantially the same, terms as those of the existing approval. (2) The existing approval shall remain in force until the Secretary of State gives the verifier notice of the Secretary of State’s decision with respect to the application. PART II REQUIREMENTS TO BE MET BY APPROVED VERIFIERS Maintenance of quality system 7.-(1) An approved verifier shall maintain in force such systems and procedures (in this Part of this Schedule referred to as his quality system) as will ensure that- (a) any weighing or measuring equipment passed by the verifier as fit for

use for trade satisfies any requirements relating to it imposed by or under this Act; and

(b) adequate testing procedures are undertaken by the verifier having regard to the nature of weighing or measuring equipment with which

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the verifier is concerned and, in particular, to whether any such equipment is electronic.

(2) An approved verifier shall give the Secretary of State written notice, within five working days of their occurrence, of any modifications to the verifier’s quality system which are liable to affect its appropriateness or effectiveness. (3) An approved verifier shall permit the Secretary of State, at any reasonable time after giving written notice, to carry out such audits and inspections of the verifier’s quality system as the Secretary of State considers necessary to establish that the conditions of the approval have been, and will continue to be, observed. Preparation etc. of quality system manual 8.-(1) An approved verifier shall prepare and keep up-to-date a quality system manual, that is to say, a document- (a) showing how his quality system satisfies the requirements of paragraph

7(1) above; (b) setting out the objectives of that system; (c) containing details of his organisational structure, including details of- (i) the persons who have management responsibility for that system,

including their names and individual responsibilities; (ii) the persons who are authorised to test, pass or stamp weighing or

measuring equipment with which the verifier is concerned, including their names and qualifications;

(d) containing details of the equipment and other items required for the testing of weighing or measuring equipment with which the verifier is concerned;

(e) containing a description of the regulations made under this Act, and certificates of approval issued under section 12 of this Act, which are applicable to the testing, passing or stamping of weighing or measuring equipment with which the verifier is concerned;

(f) containing a description of the verifier’s procedures- (i) for the testing of weighing or measuring equipment; (ii) for ensuring that weighing or measuring equipment passed as fit for

use for trade conforms with any such regulations and (where applicable) any such certificates of approval;

(iii) for ensuring that weighing or measuring equipment which does not conform with any such regulations, or (where applicable) any such certificates of approval, is prevented from being passed as fit for use for trade;

(iv) for ensuring that any persons conducting tests of weighing or measuring equipment have the necessary skills and qualifications to do so;

(v) for ensuring that the verifier exercises control over and retains responsibility for the actions of any sub-contractor of his in relation to the testing of weighing and measuring equipment;

(vi) for enabling identification of individual items or batches of weighing or measuring equipment;

(vii) for the control of the equipment used for the testing of weighing or measuring equipment;

(viii) for the control and use of the prescribed stamp; (ix) for the control of documents and data; (x) for undertaking internal reviews and audits of the verifier’s quality

system; and (g) containing a description of the verifier’s system of records for showing

that any weighing or measuring equipment passed as fit for use for

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trade conforms with any such regulations and (where applicable) any such certificates of approval.

(2) An approved verifier shall, on demand by the Secretary of State, provide him with such copies of or extracts from the verifier’s quality system manual as may be specified or of a description specified in the demand. Keeping of records 9. An approved verifier shall keep a record of every test carried out by him of equipment to which section 11 of this Act applies.

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ANNEX 2 EXTRACTS FROM ACTS RELATING TO THE DEFINITION OF ‘WASTE’ REFERRED TO AT SCHEDULE 3 OF THE 2000 REGULATIONS Environmental Protection Act 1990 Section 75 (1) The following provisions apply for the interpretation of this Part. (2) “Waste” includes -

(a) any substance which constitutes a scrap material or an effluent or other unwanted surplus substances arising from the application of any process; and

(b) any substance or article which requires to be disposed of as being

broken, worn out, contaminated or otherwise spoiled; but does not include a substance which is an explosive within the meaning of the Explosives Act 1875.

(3) Any thing which is discarded or otherwise dealt with as it if were waste shall be presumed to be waste unless the contrary is proved. (4) “Controlled waste” means household, industrial and commercial waste or any such waste. (5) Subject to subsection (8) below, “household waste” means waste from -

(a) domestic property, that is to say, a building or self-contained part of a building which is used wholly for the purposes of living accommodation;

(b) a caravan (as defined in section 29(1) of the Caravan Sites and

Control of Development Act 1960) which usually and for the time being is situated on a caravan site (within the meaning of that Act);

(c) a residential home; (d) premises forming part of a university or school or other educational

establishment; (e) premises forming part of a hospital or nursing home.

(6) Subject to subsection (8) below, “industrial waste” means waste” from any of the following premises -

(a) any factory (within the meaning of the Factories Act 1961); (b) any premises used for the purposes of, or in connection with, the

provision to the public of transport services by land, water or air;

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(c) any premises used for the purposes of, or in connection with, the supply to the public of gas, water or electricity or the provision of sewerage services; or

(d) any premises used for the purposes of, or in connection with the

provision to the public of postal or telecommunications services. (7) Subject to subsection (8) below, “commercial waste” means waste from premises used wholly or mainly for the purposes of a trade or business or the purposes of sport, recreation or entertainment excluding -

(a) household waste; (b) industrial waste; (c) waste from any mine or quarry and waste from premises used for

agriculture within the meaning of the Agriculture Act 1947 or, in Scotland, the Agriculture (Scotland) Act 1948; and

(d) waste of any other description prescribed by regulations made by the

Secretary of State for the purposes of this paragraph.

(8) Regulations made by the Secretary of State may provide that waste of a description prescribed in the regulations shall be treated for the purposes of provisions of this Part prescribed in the regulations as being or not being household waste or industrial waste or commercial waste; but no regulations shall be made in respect of such waste as in mentioned in subsection (7)(c) above and references to waste in subsection (7) above and this subsection do not include sewage (including matter in or from a privy) except so far as the regulations provide otherwise. (9) “Special waste” means controlled waste as respects which regulations are in force under section 62 above. Radioactive Substances Act 1993 Section 2 In this Act “radioactive waste” means waste which consists wholly or partly of - (a) a substance or article which, if it were not waste, would be radioactive

material, or (b) a substance or article which has been contaminated in the course of the

production, keeping or use of radioactive material, or by contact with or proximity to other waste falling within paragraph (a) or this paragraph.

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ANNEX 3 EXTRACTS FROM R 61 WHICH ARE REFERENCED IN THE 2000 REGULATIONS BUT NOT REPRODUCED THERE, OR WHICH ARE REQUIRED FOR TESTING FOR PASSING AS FIT FOR USE FOR TRADE

CLAUSE IN R61 WHERE IN REGULATIONS (IF REFERRED TO)

2.3 Maximum permissible preset value error (setting error) For instruments where it is possible to preset a fill weight the maximum difference between the preset value and the average mass of the fills shall not exceed 0.25 of the maximum permissible deviation of each fill from the average, as specified for in-service verification in 2.2.2. This limit will apply for initial verification and for in-service testing. [note : to calculate the setting error reference will also need to be made to A.8.2.3 & A.8.2.4 which are reproduced below, and Table 1 which is reproduced at Schedule 5 of the 2000 Regulations]

5.3

3I Initial verification

5 5.3.1 General requirements Instruments shall be examined for conformity with the approved pattern where applicable and shall be tested for compliance with clause 2 (excluding 2.2.1 and 2.5) for the intended products and corresponding accuracy classes under normal conditions of use. Tests shall be carried out by the appropriate metrological authority, in-situ, with the instrument fully assembled and fixed in the position in which it is intended to be used. The installation of an instrument shall be so designed that an automatic weighing operation will be the same whether for the purposes of testing or for use for a transaction.

5 5.3.2 Material tests Material tests shall be carried out in compliance with 5.1.2 using the test methods in 6.

5 5.3.3 Conduct of the tests The appropriate metrological authority: • shall conduct the tests in a manner which prevents an unnecessary

commitment of resources, • may, where appropriate and to avoid duplicating tests previously done

on the instrument for pattern evaluation under 5.2.3.1, use the results of observed tests to assess for initial verification.

5 5.3.4 Determination of accuracy class

The appropriate metrological authority shall: • determine the accuracy class for the materials used in the tests in

accordance with 5.2.5 by reference to the material test results and the

6(c); 8(2)(a)(i); 9(2)(a)

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CLAUSE IN R61 WHERE IN REGULATIONS (IF REFERRED TO)

limits of error specified in 2.2.2 and 2.3 for initial verification, • verify that accuracy classes marked in accordance with 3.10 are equal to or greater than the accuracy classes determined as above.

5.4

In-service verification In-service verification shall be as specified in 5.3.1 and 5.3.2. The maximum permissible errors shall be as specified in 2.2.2 for in-service verification.

The appropriate metrological authority shall conduct the tests in a manner which prevents an unnecessary commitment of resources.

12(1)(a)

A.8.2.3 Procedure for metrological material tests (1) Set up the instrument in accordance with 6.2 (d) and 6.2.1. (2) Select a preset value for the fill and set the load value if different from

the fill, in accordance with 6.2. Record the indicated preset value. (3) Run the instrument to produce a number of fills as specified in 6.3. (4) Weigh all the fills by one of the methods in 6.5.1 or 6.5.2. (5) Calculate the average value of all the fills in the test and the preset

value error (2.3). (6) Calculate the deviation of each fill from the average (2.2). (7) Repeat stages (2) to (6) for other loads as specified in 6.2. Concerning 6.7: The result of weighing the test fill on the control

instrument shall be considered as the conventional true value of the test fill.

Concerning 6.8: The deviation for automatic weighing used to

determine compliance of each fill with the maximum permissible deviation for automatic weighing (2.2) shall be the difference between the conventional true value of the mass of the test fill as defined in 6.7 and the average value of all the fills in the test.

Concerning 6.9: The preset value error for automatic weighing used

to determine compliance with 2.3 shall be the difference between the average value of the conventional true value of the mass of the test fills, as defined in 6.7 and the preset value for the fills.

A.8.2.4 Determination of accuracy class (5.2.5) (1) For each preset value of the test fill, determine the preset value error

(i.e. the setting error, se) and the maximum permissible preset value error for class X(1), mpse(1).

30

CLAUSE IN R61 WHERE IN REGULATIONS (IF REFERRED TO)

Then calculate [se / mpse(1)] for each preset value of the test fill. (2) For each preset value of the test fill determine the maximum actual

deviation from the average (md) and the maximum permissible deviation from the average for class X(1), mpd(1).

Then calculate md / mpd(1) for each preset value of the test fill. (3) From (1) determine the maximum value of [se / mpse(1)], [se / mpse(1)]max (4) From (2) determine the maximum value of md / mpd(1), [md / mpd(1)]max (5) Determine the accuracy class (x) such that (x) ≥ [se / mpse(1)]max and (x) ≥ [md / mpd(1)]max and (x) = 1 × 10k, 2 × 10 k, or 5 × 10k, the index k being a positive or negative whole number or zero.

[note : see note under 2.3 which is above in this table.]

31

ANNEX 4 EXTRACTS FROM OIML R 61 part 2, ENTITLED: AUTOMATIC GRAVIMETRIC FILLING INSTRUMENTS PART 2: TEST REPORT FORMAT (see completed example at the end of this Annex) TEST REPORT - SECTION 7 - MATERIAL TESTING The following is Table 2 from clause 6.3 of R 61 part 1. It relates to the testing detailed below. It indicates the number of individual test fills required in relation to the preset value (m):

m � 10 kg 10 kg < m � 25 kg 25 kg < m � 100 kg 100 kg < m

60 fills 32 fills 20 fills 10 fills

7 MATERIAL TESTING (5.1.2 & 6, A.8) 7.1 Separate verification method (A.8.2.2) Note: the following section (down to the end of the table numbered 1 – 60) will be required for each of the following tests: 7.1.1 Test 1 (load value close to maximum capacity); 7.1.2 Test 2 (load value close to minimum capacity) and 7.1.3 Test 3 (mid-range critical load value) (6..2 (c)). Copies of it should be made as necessary. Application No: ................................

Pattern designation: ................................

Observer: ................................

At start At end

Temp: °C

Rel. h: %

Date: yy:mm:dd

Time: hh:mm:ss

Scale interval d: ............................ (Control indicating device)

Material ............................

Condition of material ............................

Nominal load ............................

Correction devices

Type Settings

32

Number of loads per fill

Preset value of fill FP

Indication

of control instrument I

Additional load ∆L

Mass of fill F

Deviation from average

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

33

18

19

20

21

22

23

24

25

26

27

28

29

30

31

32

33

34

35

36

37

38

39

40

41

42

43

44

45

46

47

48

49

50

51

52

53

34

54

55

56

57

58

59

60

35

The following tables can be copied for each of the following: • Results of material test 1 - Load value close to maximum capacity. • Results of material test 2 - Load value close to minimum capacity • Results of material test 3 - Mid-range critical load value Preset value of fill FP

Average mass of fill n

F Σ

Preset value error

F nF

= se p•Σ

Maximum permissible preset value error for class X(1) mpse(1)

mpse

se

1) (

Maximum deviation from average md

Maximum permissible deviation from average for class X(1) mpd(1)

mpd

md

1) (

Remarks:

36

7 MATERIAL TESTING (continued) 7.2 Integral verification method (A.8.2.2) Note: the following section (down to the end of the table numbered 1 – 60) will be required for each of the following tests: 7.2.1 Test 1 (load value close to maximum capacity); 7.2.2 Test 2 (load value close to minimum capacity) and 7.2.3 Test 3 (mid-range critical load value) (6..2 (c)). Copies of it should be made as necessary. Application No: ................................

Pattern designation: ................................

Observer: ................................

At start At end

Temp: °C

Rel. h: %

Date: yy:mm:dd

Time: hh:mm:ss

Scale interval d: ............................ (Control indicating device)

Material ............................ Condition of material ............................ Nominal load ............................ Correction devices

Type Settings

Preset value of fill FP

Indication

of control instrument I

Add. load ∆L

Mass of load L

Mass of fill F

Deviation from average

1

Full

Empty

2

Full

Empty

3

Full

37

Indication of control instrument I

Add. load ∆L

Mass of load L

Mass of fill F

Deviation from average

Empty

4

Full

Empty

5

Full

Empty

6

Full

Empty

7

Full

Empty

8

Full

Empty

9

Full

Empty

10

Full

Empty

38

11

Full

Empty

12

Full

Empty

13

Full

Empty

14

Full

Empty

15

Full

Empty

16

Full

Empty

17

Full

Empty

18

Full

Empty

19

Full

Empty

20

Full

Empty

21

Full

Empty

22

Full

Empty

23

Full

Empty

24

Full

Empty

25

Full

Empty

39

26

Full

Empty

27

Full

Empty

28

Full

Empty

29

Full

Empty

30

Full

Empty

31

Full

Empty

32

Full

Empty

40

33

Full

Empty

34

Full

Empty

35

Full

Empty

36

Full

Empty

37

Full

Empty

38

Full

Empty

39

Full

Empty

40

Full

Empty

41

Full

Empty

42

Full

Empty

43

Full

Empty

44

Full

Empty

45

Full

Empty

46

Full

Empty

47

Full

Empty

41

48

Full

Empty

49

Full

Empty

50

Full

Empty

51

Full

Empty

52

Full

Empty

53

Full

Empty

54

Full

Empty

42

55

Full

Empty

56

Full

Empty

57

Full

Empty

58

Full

Empty

59

Full

Empty

60

Full

Empty

43

The following tables can be copied for each of the following: • Results of material test 1 - Load value close to maximum capacity • Results of material test 2 - Load value close to minimum capacity • Results of material test 3 - Mid-range critical load value Preset value of fill FP

Average mass of fill n

F Σ

Preset value error

F nF

= se p•Σ

Maximum permissible preset value error for class X(1) mpse(1)

mpse

se

1) (

Maximum deviation from average md

Maximum permissible deviation from average for class X(1) mpd(1)

mpd

md

1) (

Remarks:

44

THE FOLLOWING PROVIDES AN EXAMPLE OF HOW THE ABOVE TABLES WORK. IT USES ACTUAL TEST RESULTS AND SHOWS HOW THE ACCURACY CLASS IS CALCULATED. MATERIAL TESTING (5.1.2 & 6, A.8) Separate verification method (A.8.2.2) Test 1 (load value close to maximum capacity) Application No: ................................

Pattern designation: ................................

Observer: ................................

At start At end

Temp: �C

Rel. h: %

Date: yy:mm:dd

Time: hh:mm:ss

Scale interval d: 1 g......................... (Control indicating device)

Material Plastic Pellets.............

Condition of material Dry - Free flowing...........

Nominal load 25 kg........................

Correction devices

Type Settings

Number of loads per fill 1

Preset value of fill FP 25000 g

Indication

of control instrument I (kg)

Additional load �L (kg)

Mass of fill F (kg)

Deviation from average (kg)

1 24995 24995 -25

2 25010 25010 -10

45

Indication of control instrument I (kg)

Additional load �L (kg)

Mass of fill F (kg)

Deviation from average (kg)

3 25032 25032 12

4 25009 25009 -11

5 25006 25006 -14

6 25033 25033 13

7 25029 25029 9

8 25004 25004 -16

9 25022 25022 2

10 25019 25019 -1

Indication of control instrument I (kg)

Additional load �L (kg)

Mass of fill F (kg)

Deviation from average (kg)

11 25028 25028 8

12 25014 25014 -6

13 25041 25041 21

14 25020 25020 0

15 25008 25008 -12

16 25025 25025 5

17 25017 25017 -3

18 25019 25019 -1

19 25020 25020 0

20 25041 25041 21

21 25005 25005 -15

22 25025 25025 5

23 25026 25026 6

24 25016 25016 -4

25 25015 25015 -5

26 25011 25011 -9

27 25015 25015 -5

28 25022 25022 2

29 25033 25033 13

30 25025 25025 5

31 25036 25036 16

32 25006 25006 -14

46

33

34

35

36

37

38

39

40

41

42

43

44

45

46

Indication of control instrument I

Additional load �L

Mass of fill F

Deviation from average

47

48

49

50

51

52

53

54

55

56

57

58

59

60

Results of material test 1 - Load value close to maximum capacity Preset value of fill 25000

47

FP

Average mass of fill

∑F / n

25020

Preset value error se = (∑F / n) - FP

20

Maximum permissible preset value error for class X(1) mpse(1)

62.5

se / mpse(1)

0.32

Maximum deviation from average md

25

Maximum permissible deviation from average for class X(1) mpd(1)

175

md / mpd(1)

0.14

48

MATERIAL TESTING (continued) Separate verification method (continued) Test 2 (load value close to minimum capacity) Application No: ................................

Pattern designation: ................................

Observer: ................................

At start At end

Temp: �C

Rel. h: %

Date: yy:mm:dd

Time: hh:mm:ss

Scale interval d: 1 g......................... (Control indicating device)

Material Plastic Pellets.............

Condition of material Dry - Free flowing...........

Nominal load 11 kg........................

Correction devices

Type Settings

Number of loads per fill 1

Preset value of fill FP 11000 g

Indication

of control instrument I

Additional load �L

Mass of fill F

Deviation from average

1 11028 11028 12

2 11012 11012 -4

3 11012 11012 -4

4 11014 11014 -2

5 11015 11015 -1

49

Indication of control instrument I

Additional load �L

Mass of fill F

Deviation from average

6 11000 11000 -16

7 11003 11003 -13

8 11025 11025 9

9 11036 11036 20

10 11019 11019 3

Indication

of control instrument I

Additional load �L

Mass of fill F

Deviation from average

11 11028 11028 12

12 11006 11006 -10

13 11008 11008 -8

14 11022 11022 6

15 11000 11000 -16

16 11024 11024 8

17 11015 11015 -1

18 11006 11006 -10

19 11020 11020 4

20 11036 11036 20

21 11006 11006 -10

22 11014 11014 -2

23 11009 11009 -7

24 11006 11006 -10

25 11030 11030 14

26 11006 11006 -10

27 11026 11026 10

28 10999 10999 -17

29 11001 11001 -15

30 11024 11024 8

31 11043 11043 27

32 11012 11012 -4

33

34

35

36

50

37

38

39

40

41

42

43

44

45

46

47

48

Indication

of control instrument I

Additional load �L

Mass of fill F

Deviation from average

49

50

51

52

53

54

55

56

57

58

59

60

Results of material test 2 - Load value close to minimum capacity Preset value of fill

FP

11000

Average mass of fill

∑F / n

11016

Preset value error se = (∑F / n) - FP

16

51

Maximum permissible preset value error for class X(1) mpse(1)

37.5

se / mpse(1)

0.42

Maximum deviation from average md

27

Maximum permissible deviation from average for class X(1) mpd(1)

105

md / mpd(1)

0.26

From Test 1 se/mpse(1) = 0.32 md/mpd(1) = 0.14 From Test 2 se/mpse(1) = 0.42 md/mpd(1) = 0.26 From both tests, the maximum value (Max) = 0.42 Determine the actual value of accuracy class (x), such that: (x) ≥ Max and (x) = 1 x 10k, 2 x 10k, or 5 x 10 k, the index k being a positive or negative whole number or zero. Therefore, (x) = 0.5

52

ANNEX 5 Index to Notes for Guidance References to regulations within these notes: Regulation.....................................................................................................referred to at paragraph : 3............................................................................................................................................................ 12 4........................................................................................................................................................ 6, 12 6................................................................................................................................................ 15, 29, 49 6A.........................................................................................................................................................38 7.............................................................................................................................. 29, 30, 32, 49, 50, 56 8......................................................................................................................................................30, 33 9................................................................................................................................................ 33, 49, 52 10..........................................................................................................................................................34 12.................................................................................................................................................... 36, 55 13..............................................................................................................................................37, 55, 61 14..............................................................................................................................................37, 55, 61 Schedule 3............................................................................................................................................ 28 Schedule 5................................................................................................................................ 28, 53, 54