Recently I attended a seminar on the requirements for 'pre-package' manufacturers and importers, with a particular focus on the advantages of applying the average filling system, the applicable tolerances, and the type of tests that will be conducted by the Malta Standards Authority (MSA) through the Malta Standards Authority - National Metrology Services (MSA-NMS) to ensure a level playing field for all operators. The seminar was organised by the MSA-NMS.
Initially, out of over 300 companies/organisations invited to attend, nobody accepted. However, eventually nine companies, A.G. Packaging Systems Ltd, Alf. Mizzi & Sons Marketing Ltd, Consolidated Biscuits, General Soft Drinks, Malta Dairy Products, Marsovin, Rimus Riley Ltd, Simonds Farsons Cisk plc, and WasteServ Malta Ltd, accepted the invitation.
The seminar was conducted by Howard Burnett, chairman of WELMEC WG6 - Prepackages, the European Weights & Measures co-ordination body, set up to achieve consistency in the application of the Directives on average quantity.
WELMEC WG6 also produces guidance notes for packers, importers, and enforcement bodies in Europe. Mr Burnett was asked to assist the MSA in the finalisation of local control procedures that will be implemented.
The objectives here are to make more information available to interested parties on the free movement of goods for pre-packages in the 5 g to 10 kg (or 5 ml to 10l ml) range, which is facilitated by EU directives 76/211/EEC and 75/106/EEC.
Indeed these Directives have been transposed into Maltese legislation by LN 417/2002, Making-up by weight or by volume of certain pre-packaged products regulations, 2002, and LN 415/2002, Pre-packaged liquid products regulations, 2002, published in December 2002.
So, what is pre-packaging? Pre-packaging relates to products which are placed in containers of whatever nature without the purchaser being present and where the quantity of the product contained in the package has a pre-determined value and cannot be altered without the package either being opened or subjected to modifications.
The packer is defined as the person who makes up the pre-package and puts the product in the individual package. In doing so, it is responsible for applying the 'e' mark. This ensures that the pre-package is correctly labelled and confirms that the quantity in the pre-package meets the requirements.
The packer may not own the product or the packaging, but is responsible for the quantity/amount of product that goes into each package.
The advantage for the packer using the 'e' mark and associated packaging rules is that the packer may use the process variability of the filling line as a competitive advantage, and avoid giving away extra product for free, which would be the case for net content filling processes.
While in the latter case the packer cannot pack less than the stated quantity, the 'e' marking allows the packer to move towards a zero level of 'give away'.
The 'e' mark is voluntary and indicates that a product is metrologically guaranteed as fulfilling the requirements of the directives and that the filling line has undergone an audit check by the competent department within the Malta Standards Authority, this being the MSA-NMS.
No packer or importer is obliged to put the 'e' mark on the product. However, if the 'e' mark is applied in accordance with the requirements in the above referred to directives, the respective goods cannot be refused or prohibited anywhere in Europe.
I cannot cover all the aspects and issues covered by Mr Burnett but it was a very informative seminar, including various methods of measurement that can be employed. He also conducted various case study evaluations.
In view of the process we are currently going through, I sincerely hope that local companies will change their stance and take an interest in such informative events.