YOU may recall our letter in January advising your readers that regulations compelling the use of metric weights and measures are ultra vires -- illegal.
This letter followed our concern that, on the incorrect
instructions of Trading Standards officers, shopkeepers were spending large sums of money on converting weighing equipment to metric when there is no legal requirement for them to do so.
Since then, it has come to our attention that a note has been circulated by a governmental "Consumer Advice and Information" desk saying that, "the 1994 legislation is valid".
On the basis of this note, local Trading Standards officers are still telling traders that it is a criminal offence to use pounds and ounces for selling loose foods. The purpose of this letter is to urgently communicate to traders among your readership that there was no new legislation in 1994. The last piece of primary legislation was the 1985 Weights and Measures Act, expressly permitting the use of lb/oz for foods and goods sold loose.
Although metric regulations were passed in 1994, these have no legal standing since only a new Act of Parliament can over-ride a previous Act.
There are currently an estimated 38,000 traders using lb/oz weighing machines in Britain and we wish to emphasise that Trading Standards officers who instruct the use of metric equipment and pricing do so with no legal authority.
We anticipate a test case soon after the May local elections and look forward to this settling the matter. Until then we advise traders to take no action in respect of metric conversion. Go on using lb/oz.
John Gardner,
British Weights and Measures Association,
45 Montgomery Street,
Edinburgh.
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