HL Deb 16 July 1986 vol 478 cc965-7

7.29 p.m.

Lord Lucas of Chilworth rose to move, That the draft order laid before the House on 30th June be approved. [29th Report from the Joint Committee.]

The noble Lord said: My Lords, I beg to move the draft order which stands in my name on the Order Paper be approved. The draft order, if your Lordships approve it, would amend detailed weights and measures provisions for the sale of food and drink contained in the Weights and Measures Act 1963 (Miscellaneous Foods) Order. This was approved by your Lordships' House in August 1984. Amendment is necessary from time to time to take account of changes in EC legislation in this area and of developments in the marketplace. The order which I bring before your Lordships this evening is the third such amending order and, although necessary, is of limited effect.

The first three amendments stem from recent European Community legislation. If approved, the draft order would implement provisions in three council directives which have introduced or amended Community standards of composition and labelling for caseins and caseinates (that is to say, milk proteins), preserved milk and coffee and chicory extracts. It would require edible caseins and caseinates and preserved milk to be prepacked only in a container marked with the net weight of the contents. I should perhaps explain that existing United Kingdom legislation allows a declaration of net weight or capacity measure. However, this order would allow the quantity declaration to be given in a document accompanying the product when it is sold otherwise than by retail and in a quantity of 10 kilogrammes or 22 lbs. or thereabouts or more.

Two further amendments are concerned with the provisions governing sales of coffee extracts and chicory extracts. Use of the existing prescribed quantity of 300 grammes, which is currently available for both coffee and chicory extracts, is to be restricted solely to coffee extracts and a new size of 250 grammes is to be introduced from mixtures of coffee extracts and chicory extracts.

I should perhaps reassure your Lordships that this arrangement will not be so confusing as might at first appear since only a very little of the mixed product is sold in this country. It is very much more popular on the Continent, and the size was introduced at the request of packers in France and Germany. Domestic packers will continue to be able to market their pure coffee extract in the sizes to which we in the United Kingdom have all become accustomed.

The draft order would also reduce the limit below which prepacks of coffee extracts and chicory extracts need no longer carry a statement of weight—this from 8 grammes, which is the level set in 1977 by the original directive, to 5 grammes, which is the general level set in 1979 by the food labelling directive.

Finally, the draft order would reinstate a requirement—I have to confess this with perhaps just a modest amount of embarrassement—that was inadvertently omitted when the previous legislation was consolidated in 1984: that is, that chocolate or cocoa products, when sold loose in a quantity of 50 grammes or more—that is, 2 oz., which is not really very much—must be sold only by net weight.

The combined effect of the minor amendment to weights and measures law proposed in the order would be essentially to discharge the United Kingdom's obligations under European law without increasing significantly the burdens on business and enforcement authorities, nor reducing the effective protection afforded to consumers. As such, the amendments do have the support of consumers, traders, and enforce-ment authorities.

Finally, I am sure your Lordships will wish to know that the order was considered by the Joint Committee on Statutory Instruments and the committee did not draw the special attention of your Lordships' House to it. With that explanation, I beg to move the draft order.

Moved, that the draft order laid before the House on 30th June be approved [29th Report from the Joint Committee].—(Lord Lucas of Chilworth.)

Lord Williams of Elvel

My Lords, I am most grateful to the noble Lord the Minister for his succinct and clear explanation of this draft order. I am very glad to hear that its provisions are not, to use his words, as confusing as "might at first appear", because to somebody coming new to these things it appears to be somewhat confusing. However, if he tells us that it is all the fault of the French, I suppose we can recognise that the matter of confusion will come into it. I also understand the noble Lord's clear embarrass-ment about the omission from the consolidation in 1984.

Having said all that, from our side we have no particular objection to this draft order and we would not wish to oppose it.

On Question, Motion agreed to.

Lord Brabazon of Tara

My Lords, I beg to move that the House do now adjourn during pleasure until five minutes past eight o'clock.

Moved accordingly and, on Question, Motion agreed to.

[The Sitting was suspended from 7.35 until 8.5 p.m.]