In the EU the average quantity system is permitted. Below is an outline
from a UK Trading Standards site. 

> What is the Average System?
> 
> The average system controls the weight or measure of most pre-packed goods. Packages 
>must be marked with the weight
> or volume of the contents. Packers and importers must ensure that their packages 
>comply with the following rules, known as
> the �3 Packers Rules�:- 
> 
>     1. The contents of packages must not, on average, be less than the amount marked 
>on the label (known as the
>     nominal quantity).
> 
>     2. Not more than one package in forty may contain less than the nominal quantity 
>by more than an amount called
>     the Tolerable Negative Error (TNE). This varies according to the nominal 
>quantity, eg 9g on a 250g pack. Such
>     packages are called �non-standard�.
> 
>     3. No packages may contain less than the nominal quantity by more than twice the 
>TNE. These are called
>     �inadequate packages�.
> 
> The system applies to all goods listed in the Weights and Measures (Packaged Goods) 
>Regulations 1986 in packages made
> up in a pre-determined constant quantity. Packs made up otherwise than in a 
>pre-determined constant quantity are known
> as catchweight and are outside the average system. Such packs continue to be covered 
>by the traditional minimum system
> and must contain at least the stated quantity.
> 
> Packages of goods not included in the average system may be voluntarily brought into 
>it if they are within the range 5g/5ml
> to 10kg/10l and are �e� marked. This allows packers of products not included in the 
>Regulations to use the average system
> of control. The �e� mark also acts as a metrological passport for packaged goods 
>that pass between EC countries, allowing
> such items free passage without any further quantity checks being necessary.
> 
> There is no requirement to pack to the average system and it is quite permissible to 
>continue working to the �minimum
> system�. However, packers of average system products who choose to pack on a minimum 
>system basis either make up
> every package on prescribed equipment, or check samples and keep records. In 
>general, less checking is needed when
> packages are systematically overpacked. This can be an advantage where the goods are 
>relatively inexpensive.
> 
>

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