Greengrocers and the Law

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If you are to sell fruit and vegetables, then the law of weights and measures applies to you. This is a brief summary to help you understand what the law requires.

 

Must I Sell All Loose Fruit and Vegetables by Weight?

As a general rule, yes (see below for the exceptions). The weight may either include the weight of the produce without wrapping - the ‘net’ weight - or the ‘gross’ weight, which includes the wrapping materials provided they do not exceed a permitted amount which varies according to the gross weight of the product.

 

Are There Any Variations I Should Know About?

There are some variations. These are:

• Potatoes

Loose potatoes can be sold by either net, or gross weight. If you sell them by gross weight, the wrapper must be within the weight limit in

Table A below.

Potatoes must be prepacked in metric quantities only - although bags containing very large potatoes (over 175g each) can be sold by

number rather than weight.

All bags of pre-packed potatoes must indicate a marked weight or number.

• Soft Fruits/Mushrooms

Soft fruits (see below for full list) must be sold either by net or gross weight. Again, if sold by gross weight, containers - such as punnets - must not weigh more than the amount in Table B below. The same rule applies to the sale of mushrooms.

Must Customers Know the Weight of Produce Before They Buy?

Yes, you must make the weight known to the buyer before payment is made. This can be done in one of four ways:

• By weighing the goods in front of the customer - the scales must be clearly visible.
  

• By marking the weight on the packet.
  

• By giving your customer the weight in writing, perhaps by using a combined weight and price ticket.
  

• By stating the weight on a display notice.

Are There Any Special Rules to Look Out For?

Yes, there are. Although all loose fruit and vegetables must be sold by net or gross weight, there is an exception known as “countable produce” (see below for a full list). Countable produce may be sold by number.

Another exception to the general sale by weight rule is certain salad produce such as carrots, spring onions, radishes and watercress, which you can sell by the bunch (see below for a full list).

Pre-packed fruit and vegetables must be sold by net weight, or in the case of countable produce, by number. The pack must be clearly marked with the contents. Up to eight countable produce can be sold in a transparent container, without being marked.

 

Weighing Machines

All weighing machines used to weigh or pre-pack fruit and vegetables must be of an approved type and carry either an approval mark, or inspector’s stamp, to show that they have been properly tested.

 

Tables of permitted weights for containers

TABLE A - POTATOES
Gross Weight	Permitted weight of container
Not exceeding 500 g	5g
Exceeding 500 g	a weight at the rate of 10 g per kg of the gross weight

TABLE B - SOFT FRUITS/MUSHROOMS
Gross Weight	Permitted weight of container
Not exceeding 250 g	a weight at the rate of 120 g per kg of the gross weight
Exceeding 250 g but not exceeding 1 kg	a weight at the rate of 100 g per kg of the gross weight
Exceeding 1 kg but not exceeding 3 kg	a weight at the rate of 90 g per kg of the gross weight
Exceeding 3 kg	a weight at the rate of 60 g per kg of the gross weight

	"Countable" Produce
Apples	Figs (fresh)	Onions (other than spring)
Apricots		Orange
Artichokes (globe)	Garlic
Aubergines	Grapefruit	Passion Fruit
Avocados	Guavas	Pawpaw
		Peaches
Bananas	Kiwi fruit	Pears
Beetroots (included cooked)	Kohlrabi	Pineapple
		Plums
Cabbage	Lemons	Pomegranates
Cauliflower	Lettuce	Pomelo
Capsicum	Limes	Pumpkins
Celery
Coconuts	Mangoes	Radishes
Corn on Cob	Marrows
Cucumber	Melons	Shaddock
		Soft citrus fruits
Fennel	Nectarines
		Tomatoes
		Ugli

	'Soft Fruits' Means
bilberries	gooseberries	strawberries
blackberries
blackcurrants	loganberries	tayberries
boysenberries
brambles	mulberries	whitecurrants
cherries	raspberries
cranberries	redcurrants
currants

Vegtables Which May be Sold by the Bunch
Asparagus	Mustard and cress
Beetroots	Onions (including spring)
Carrots	Parsley
Chives	Radishes
Endives	Salad cress
Garlic	Turnip
Mint	Watercress

 

This advice is designed to provide basic guidance to traders. It is not a complete or authoritative statement of the law. For further assistance on this or any other Trading Standards legislation, please contact your nearest office. We will be pleased to offer this information in larger print or translated into any language on request.

 

B/wei/052/002 March 1999