Weights and Measures Act

A Weights and Measures Act is an Act of Parliament determining trade law where the weight or size of the goods being traded are important. For example, if a bottle of milk is for sale and has a label saying it contains one pint, then the law states that it must contain that amount.

Contents

United Kingdom

In the Magna Carta of 1215 (The Great Charter) with the seal of King John, put before him by the Barons of England, King John agreed in Clause 35 "There shall be one measure of wine throughout our whole realm, and one measure of ale and one measure of corn--namely, the London quart;--and one width of dyed and russet and hauberk cloths--namely, two ells below the selvage…."[1]. There have been many Weights and Measures Acts in the United Kingdom. Some other Commonwealth countries, such as India, also use the same terminology for similar pieces of legislation. The terms of the acts are currently enforced by the 200 Trading Standards Offices managed by local authorities around the country. Definitions of units of measurements and the provision of the technical equipment relating to weights and measures are in the UK provided by the National Weights and Measures Laboratory, an agency of the Department of Trade and Industry.

In the United Kingdom, the current primary legislation is the Weights and Measures Act 1985. The most recent piece of secondary legislation is the Weights and Packaged Goods Regulations 2006. Many other statutory instruments also govern particular areas of trade. A comprehensive list of still relevant Acts and Orders for England and Wales may be found at tradingstandards.gov.uk (Rich Text Format file).

Dual system

For more than 100 years imperial units of measure have not been the only units of measurement in the United Kingdom. In fact, as Lord Justice Laws noted in Thoburn v Sunderland City Council (the so-called "Metric Martyrs case"), the use of both metric and imperial units of measure has been permitted in the United Kingdom from the nineteenth century onwards. As Section 1 of the Weights and Measures Act 1963 provided: "[t]he yard or the metre shall be the unit of measurement of length and the pound or the kilogram shall be the unit of measurement of mass by reference to which any measurement involving a measurement of length or mass shall be made in the United Kingdom."

There is no legislation outlawing the use of imperial units of measure on goods. All that is required is that the equivalent metric units also be displayed. Directive 80/181/EEC (as amended by Directive 89/617/EEC) units of measurement included in Chapter III of its Annex, including the imperial measure, could be used until 31 December 1999. This deadline was later extended. Following popular opposition to attempts to force people in Britain to use metric measurements European Commissioner Günter Verheugen stated on 11 September 2007 that not only were there no plans to oblige the United Kingdom to abandon the imperial measure, but also that European legislation would be enacted to guarantee the future use of the imperial unit.[1]

Historic Acts of Parliament

Acts include (note this list may not be complete for very early date):

Ancient Statutes of Uncertain Date

a.k.a. The Assize of Bread and Ale
a.k.a. 51 Henry III
a.k.a. Statute concerning Bakers, et cetera
a.k.a. Tractatus de Ponderibus
a.k.a. Compositio de Ponderibus
a.k.a. Assisa de Ponderibus et Mensuris
a.k.a. Assize of Weights and Measures

The Tractatus contains the first use of the word avoirdupois in England. However, the word does not refer to a specific weight system, but to a class of goods, i.e., heavy goods sold by weight rather than by capacity, by count, or by some other means. Since the Tractatus was written in Anglo-Norman French, it does not count as the first occurrence of the word in English.

a.k.a. Statute for the Measuring of Land
a.k.a. Composition of Yards and Perches

This document redefines the yard, foot, inch, and barleycorn to 10/11 of their previous values, but leaves the rod and acre unchanged. The rod thus becomes 16 1⁄2 feet instead of 15.

13th Century

Magna Carta
"There shall be but one Measure throughout the Realm"

The Magna Carta of 1215 was not ratified by Parliament until 1225, by which time it had become substantially abridged. Chapter 35 of the Magna Carta of 1215 (dealing with weights and measures) became chapter 25 of the Magna Carta of 1225.

14th Century

"Bushels and Weights shall be made and sent into every Country."
"Commissions to assay Weights and Measures shall be repealed, and none such granted."
"The Auncel Weight shall be put out, and Weighing shall be by equal Balance."

"qe le sak de leine ne poise qe vint & sys peres & chescun pere poise quatorze livres" \ "so that the Sack of Wooll weigh no more but xxvi. Stones, and every Stone to weigh xiv. l."

"Every measure shall be according to the King's Standard, and shall be striked without Heap; saving the Rents of Lords."

"& contiene le quartre oct busselx par lestandard & neint plus." / "And the Quarter shall contain Eight Bushels by the Standard, and no more."

"There shall be but one Weight, Measure and Yard throughout the Realm."
"No Wool shall be bought by Fraud to abate the Price thereof. Weights shall be sent to all the Shires."
"All Vessels of Wine, Honey, and Oil brought into this realm shall be gauged."

"Le Roi a viscont de Kent saluz." / "Richard by the Grace of God, &c. to the Sheriff of Nottingham, Greeting."

"There shall be but one Weight and one Measure throughout the Realm, saving in the County of Lancaster. The Weight of Wool, and the Refuse thereof."
"There shall be but eight Bushels of Corn striked to the Quarter."
"The Clerk of the Market shall carry with him all his Weights and Measures signed."

15th Century

An Act concerning the true Measure of Corn.
"Every City and Borough shall have a common Balance and Weight. Who may buy Wool and Yarn."
An Act for Weights and Measures.
"The Names of the Cities and Towns limited for the keeping of Weights and Measures."
An Act for Weights and Measures.

"That the Measure of a Bushel contain viij. Gallons of Wheat, and that every Gallon contain viij. li. of Wheat of Troy Weight, and every Pound contain xij. Ounces of Troy Weight, and every Ounce contain xx. Sterlings, and every Sterling be of the Weight of xxxij. Corns of Wheat that grew in the Midst of the Ear of Wheat, according to the old Laws of this Land."

16th Century

An Act that no Brewers of Beer or Ale shall make their Barrels, Kilderkins or Firkins within them, and how much the same Barrels, et cetera shall contain.
An Act for flesh to be sold by weight, and the prices limited.

"Beef, pork, mutton and veal shall be sold by weight called Haver-de-pois."

An Act touching the true melting, making and working of Wax.

"...fill and sell or cause to be filled or sold or offered to be sold any Barrel, Kilderkin or Firkin with Honey, for or in the Name of a Barrel, Kilderkin or Firkin containing less than two and thirty Wine Gallons the Barrel, sixteen Wine Gallons the Kilderkin, and eight Wine Gallons the Firkin; every Person and Persons so offending shall forfeit and lose for every Half Gallon so lacking five Shillings of English Money."

"A mile shall contain eight Furlongs, every Furlong forty Poles, and every Pole shall contain sixteen Foot and an half."
This is the origin of the statue mile.

17th century

An Act for the better ordering and regulating of the Office of Clerk of the Market, allowed and confirmed by this Statutes; and for the Reformation of false Weights and Measures.
An Act for ascertaining the Measures of Corn and Salt.
An additional Act for ascertaining the Measures of Corn and Salt.

18th Century

An Act for ascertaining the Measures for retailing Ale and Beer.
An Act to ascertain the Water Measure of Fruit.
An Act for continuing several Subsidies, Impositions and Duties, and for making Provisions therein mentioned to raise Money by Way of Loan for the Service of the War, and other Her Majesty's necessary and important Occasions, and for ascertaining the Wine Measure.
"...any Vessel containing two hundred thirty one cubical Inches and no more shall be deemed and taken to be a lawful Wine Gallon..."

This statute is the origin of the US gallon, also known as the Queen Anne Gallon, Queen Anne Wine Gallon, or pre-1824 British gallon.

An Act for the more effectual Prevention of the Use of defective Weights, and of false and unequal Balances.
An Act to explain and amend an Act made in the thirty-fifth Year of the Reign of his present Majesty, intituled, An Act for the more effectual Prevention of the use of defective Weights, and of false and unequal Balances.

19th century

An Act for the more effectual Prevention of the Use of false and deficient Measures.[28]
An Act for ascertaining and establishing Uniformity of Weights and Measures.

This is the origin of Imperial units. This statute repeals nearly all previous weights and measures legislation, listing them in chronological order (by regnal year but without dates) beginning with "ancient statutes of uncertain date."

An Act to prolong the Time of the Commencement of an Act of the last Session of Parliament, for ascertaining and establishing Uniformity of Weights and Measures and to amend the said Act.
An Act to amend and render more effectual Two Acts of the Fifth and Sixth Years of the Reign of His late Majesty King George the Fourth, relating to Weights and Measures.
An Act to repeal an Act of the Fourth and Fifth Year of His present Majesty relating to Weights and Measures, and to make other Provisions instead thereof.
An Act to amend the Act of the fifth and sixth years of King William the Fourth, chapter sixty-three, relating to weights and measures.
An Act to consolidate the Law relating to Weights and Measures.

This statute abolished the troy pound, effective January 1879.[34]

20th Century

Comparable laws in other countries

Canada

Weights and measures in Canada are legally defined by its Weights and Measures Act.[38]

United States

In the United States, a regular meeting of the states (the National Conference on Weights and Measures) maintains several handbooks, which are available at the website of the National Institute of Standards and Technology.[39] Most of the states have enacted these handbooks into law.[40]

References

  1. ^ Verheugen, Günter (11 September 2007). "Exclusive: Your pint safe in EU hands". http://ec.europa.eu/unitedkingdom/press/frontpage/11092007_en.htm. Retrieved 2007-11-10. 
  2. ^ Adam Smith (1827). An inquiry into the nature and causes of the wealth of nations. Printed at the University Press for T. Nelson and P. Brown. p. 77. http://books.google.com/books?id=rpMuAAAAYAAJ&pg=PA77. Retrieved 31 December 2011. 
  3. ^ The statutes at large .... 1763. pp. 148–9. http://books.google.com/books?id=tKZFAAAAcAAJ&pg=PA148. Retrieved 31 December 2011. 
  4. ^ Tractatus de Penderibus et Mensuris
  5. ^ Herbert Broom; Edward Alfred Hadley; Sir William Blackstone (1869). Commentaries on the laws of England. J.D. Parsons, jr.. p. 328. http://books.google.com/books?id=ZfFBAAAAYAAJ&pg=PA328. Retrieved 31 December 2011. 
  6. ^ Michael Prestwich; Richard Britnell; Robin Frame (18 March 1999). Thirteenth century England VII: proceedings of the Durham conference 1997. Boydell & Brewer Ltd. p. 113. ISBN 978-0-85115-719-1. http://books.google.com/books?id=l0LSjHTOby4C&pg=PA113. Retrieved 1 January 2012. 
  7. ^ The statutes at large... :. 1. 1763. pp. 227. http://books.google.com/books?id=tKZFAAAAcAAJ&pg=PA227. Retrieved 31 December 2011. 
  8. ^ The statutes at large.... 1. 1763. pp. 241. http://books.google.com/books?id=tKZFAAAAcAAJ&pg=PA241. Retrieved 31 December 2011. 
  9. ^ a b The statutes at large.... 1. 1763. pp. 264. http://books.google.com/books?id=tKZFAAAAcAAJ&pg=PA264. Retrieved 31 December 2011. 
  10. ^ The statutes at large.... 1. 1763. pp. 279. http://books.google.com/books?id=tKZFAAAAcAAJ&pg=PA279. Retrieved 31 December 2011. 
  11. ^ The statutes at large.... 1. 1763. pp. 290-1. http://books.google.com/books?id=tKZFAAAAcAAJ&pg=PA290. Retrieved 31 December 2011. 
  12. ^ The statutes at large.... 1. 1763. pp. 348. http://books.google.com/books?id=tKZFAAAAcAAJ&pg=PA348. Retrieved 31 December 2011. 
  13. ^ The statutes at large.... 1. 1763. pp. 387. http://books.google.com/books?id=tKZFAAAAcAAJ&pg=PA387. Retrieved 31 December 2011. 
  14. ^ The statutes at large.... 1. 1763. pp. 401. http://books.google.com/books?id=tKZFAAAAcAAJ&pg=PA401. Retrieved 31 December 2011. 
  15. ^ The statutes at large.... 1. 1763. pp. 405. http://books.google.com/books?id=tKZFAAAAcAAJ&pg=PA405. Retrieved 31 December 2011. 
  16. ^ The statutes at large.... 1. 1763. p. 485. http://books.google.com/books?id=tKZFAAAAcAAJ&pg=PA485. Retrieved 3 January 2012. 
  17. ^ The statutes at large.... 1. 1763. pp. 542–4. http://books.google.com/books?id=tKZFAAAAcAAJ&pg=PA542. Retrieved 3 January 2012. 
  18. ^ Great Britain; William David Evans; Anthony Hammond; Thomas Colpitts Granger (1836). A collection of statutes connected with the general administration of the law: arranged according to the order of subjects. W. H. Bond. pp. 309–10. http://books.google.com/books?id=sbcuAAAAIAAJ&pg=RA2-PA309. Retrieved 4 January 2012. 
  19. ^ Great Britain; William David Evans; Anthony Hammond; Thomas Colpitts Granger (1836). A collection of statutes connected with the general administration of the law: arranged according to the order of subjects. W. H. Bond. pp. 312–3. http://books.google.com/books?id=sbcuAAAAIAAJ&pg=RA2-PA312. Retrieved 4 January 2012. 
  20. ^ Great Britain (1763). statutes at large.... Printed by Joseph Bentham. p. 252. http://books.google.com/books?id=UlMDAAAAQAAJ&pg=PA252. Retrieved 4 January 2012. 
  21. ^ Great Britain; Danby Pickering (1763). The statutes at large: from the Magna Charta, to the end of the eleventh Parliament of Great Britain, anno 1761 [continued to 1807]. 6. Printed by J. Bentham. p. 342. http://books.google.com/books?id=dvouAAAAIAAJ&pg=PA342. Retrieved 3 January 2012. 
  22. ^ Great Britain; Danby Pickering (1763). The statutes at large: from the Magna Charta, to the end of the eleventh Parliament of Great Britain, anno 1761 [continued to 1807]. 6. Printed by J. Bentham. p. 433. http://books.google.com/books?id=dvouAAAAIAAJ&pg=PA433. Retrieved 3 January 2012. 
  23. ^ a b John Riggs Miller (sir, 1st bart.) (1790). Speeches in the House of commons upon the equalization of the weights and measures of Great Britain; with notes, &c. Together with two letters from the bishop of Autun. p. 36. http://books.google.com/books?id=XkALSYqPIDYC&pg=RA1-PA36. Retrieved 31 December 2011. 
  24. ^ a b John Riggs Miller (sir, 1st bart.) (1790). Speeches in the House of commons upon the equalization of the weights and measures of Great Britain; with notes, &c. Together with two letters from the bishop of Autun. p. 37. http://books.google.com/books?id=XkALSYqPIDYC&pg=RA1-PA37. Retrieved 31 December 2011. 
  25. ^ Great Britain; Sir Thomas Edlyne Tomlins; John Raithby (1811). The statutes at large, of England and of Great Britain: from Magna Carta to the union of the kingdoms of Great Britain and Ireland. Printed by G. Eyre and A. Strahan. p. 349. http://books.google.com/books?id=BIlKAAAAYAAJ&pg=PA349. Retrieved 31 December 2011. 
  26. ^ Great Britain; Sir Thomas Edlyne Tomlins; John Raithby (1811). The statutes at large, of England and of Great Britain: from Magna Carta to the union of the kingdoms of Great Britain and Ireland. Printed by G. Eyre and A. Strahan. p. 607. http://books.google.com/books?id=BIlKAAAAYAAJ&pg=PA607. Retrieved 31 December 2011. 
  27. ^ a b c d Great Britain; William David Evans; Anthony Hammond; Thomas Colpitts Granger (1836). A collection of statutes connected with the general administration of the law: arranged according to the order of subjects. W. H. Bond. pp. 306–27. http://books.google.com/books?id=sbcuAAAAIAAJ&pg=RA2-PA306. Retrieved 31 December 2011. 
  28. ^ Great Britain (1878). Statutes at large .... p. 339. http://books.google.com/books?id=v39KAAAAMAAJ&pg=PA339. Retrieved 31 December 2011. 
  29. ^ Great Britain (1824). The statutes of the United Kingdom of Great Britain and Ireland (1807-1865). His Majesty's statute and law printers. pp. 339–354. http://books.google.com/books?id=WLouAAAAIAAJ&pg=PA339. Retrieved 31 December 2011. 
  30. ^ Great Britain (1833). A collection of the public general statutes passed in the ... year of the reign of .... Printed by G. W. Eyre and W. Spottiswoode, Printers to the Queen. pp. 217–226. http://books.google.com/books?id=50ovAAAAIAAJ&pg=PA217. Retrieved 31 December 2011. 
  31. ^ Great Britain (1835). A compendious abstract of the public general acts of the United Kingdom of Great Britain and Ireland. J.W. Paget. pp. 137–145. http://books.google.com/books?id=woJRAAAAYAAJ&pg=PA137. Retrieved 31 December 2011. 
  32. ^ Great Britain (1859). The statutes of the United Kingdom of Great Britain and Ireland [1807-1865]. His Majesty's statute and law printers. pp. 164–8. http://books.google.com/books?id=9L4uAAAAIAAJ&pg=RA1-PA164. Retrieved 31 December 2011. 
  33. ^ Great Britain (1878). Statutes at large .... pp. 308–341. http://books.google.com/books?id=v39KAAAAMAAJ&pg=PA308. Retrieved 31 December 2011. 
  34. ^ Hugh Chisholm (1911). The encyclopædia britannica: a dictionary of arts, sciences, literature and general information. At the University press. p. 480. http://books.google.com/books?id=qzkEAAAAYAAJ&pg=PA480. Retrieved 1 January 2012. 
  35. ^ legislation.uk.gov Weights and Measures Act 1963
  36. ^ legislation.uk.gov Weights and Measures Act 1975
  37. ^ legislation.uk.gov Weights and Measures Act 1985
  38. ^ Canadian Weights and Measures Act (R.S., 1985, c. W-6)
  39. ^ "Weights and Measures". National Institute of Standards and Technology. http://ts.nist.gov/WeightsAndMeasures/. Retrieved 20 December 2011. 
  40. ^ "Summary of State Laws and Regulations in Weights and Measures". National Institute of Standards and Technology. 1 August 2005. http://ts.nist.gov/WeightsAndMeasures/upload/stlaw.pdf. Retrieved 20 December 2011. 

External links