Weights and Measures (Specified Quantities) (Unwrapped Bread and Intoxicating Liquor) Order 2011

My Lords, the order amends the specified quantities which apply to non-prepackaged alcoholic drinks and unwrapped bread. The legislation that is amended by this order comprises Part 4 of Schedule 3 to the Weights and Measures Act 1985, the Weights and Measures (Miscellaneous Foods) Order 1988, the Weights and Measures (Intoxicating Liquor) Order 1988 and the Measuring Instruments (Capacity Serving Measures) Regulations 2006. The order does two things: it removes all restrictions on the sizes of unwrapped loaves and it allows greater flexibility over the sizes available for the sale of alcoholic drinks. Fixed sizes were introduced in the 1960s. They ensured that consumers could easily compare the quantities and prices of staple foods such as bread and flour. However all fixed sizes for prepackaged foods, apart from wines and spirits, were deregulated in 2009. This followed changes at European level. Once universal quantity labelling and unit pricing were adopted for prepackages, specified quantities became largely unnecessary. Consumers could see for themselves the quantities they were purchasing, so that the restrictions on pack size could go. However, that deregulation dealt only with prepackaged goods. Today we are dealing with non-prepackaged products, specifically unwrapped bread, and non-prepackaged alcoholic drinks served on licensed premises. The results of a public consultation on the future of the remaining specified quantities found strong support for the retention of specified quantities for the sale of alcoholic drinks. Support came from consumers, the enforcement community, business and those in the health field. There was widespread recognition that the sale of alcohol differed from the sale of other foods because of its health effects and connection to anti-social behaviour. As a result, greater care is needed to ensure that consumers are made aware of the quantities being purchased than is needed for other products. However, the consultation identified some demand for specific changes. Some businesses felt that the existing regime stifled a legitimate demand for new sizes or products. The Government have listened to these concerns. The changes that we propose today will allow for innovation but, at the same time, retain necessary protection for the consumer. Turning to the specifics, today’s order introduces a two-thirds of a pint size for the sale of draught beer and cider. This new size will allow licensed premises to satisfy demand for a size between half a pint and a pint. There will be no mandatory requirement for businesses to offer two-thirds of a pint; it will be optional. However, I understand that at least two major breweries have plans to introduce the new size if it becomes a legal measure. The order also deregulates small glasses of wine—those of less than 75 millilitres—from the requirement to be sold by quantity. Under the current law, the smallest legal serving of wine by the glass is 125 millilitres, so samples may be given away but not sold. There is a demand for samples that cannot be met at present because of this restriction. Therefore, by deregulating very small servings of wine the order will allow businesses the opportunity to innovate and respond to untapped demand for sales of samples, tasters or flights of wine. This proposal was strongly supported by consumers and businesses eager to create a new market for their products. The order also reduces the existing specified quantities for fortified wines from a minimum of 125 millilitres to the smaller size of 50 millilitres or 70 millilitres, or a multiple of either, This brings the law on fortified wines into line with current trade practice. It will also allow for smaller sizes more appropriate to the sale of fortified wines, which can be significantly stronger than still wines. This proposal has the support of health groups, trading standards authorities and business. Finally, the order deregulates the specified weights that apply to unwrapped bread. Under current law, unwrapped loaves may be sold only in sizes of 400 grams or a multiple of 400 grams. After deregulation, unwrapped loaves may be sold in any weight, including the traditional sizes. This will give greater freedom to bakers and retailers to make up and sell unwrapped loaves of any weight that they like. It will also bring the sale of unwrapped loaves into line with prepackaged bread, for which the specified weights have already been deregulated. However, to ensure that consumers can tell when the sizes have changed, retailers adopting new sizes will be required to display clearly the quantity of any new sizes being offered for sale. There will be no additional burdens on bakers or retailers, since there will be no requirement to offer the new sizes. Information on weight will be required only when new sizes are introduced. For example, bakers who continue to offer only traditional sizes of 400 grams and 800 grams will not have to change their current practice at all. However, for those who want to innovate—for example, makers of artisan loaves, the different densities of which do not easily fit with traditional sizes—these changes will give a new stimulus to the market, allowing for the sale of new loaves in new sizes. The changes set out in this order will give consumers more choice and provide greater freedom for bakers, retailers and licensed premises to offer new sizes and products. A full impact assessment has been completed and there are no new burdens on business or trading standards as a result of this order. These changes will support business growth through innovation and the creation of new markets. I therefore commend the order to the Committee.