2002-05-05 In USMA 19896, Louis states a portion of the EU directive stating that (1) " For the purposes of this Directive "supplementary indication" means one or more indications of quantity expressed in units of measurement not contained in Chapter I of the Annex accompanying an indication of quantity expressed in a unit contained in that Chapter" and (2) " The indication expressed in a unit of measurement listed in Chapter I shall predominate. In particular, the indications expressed in units of measurement not listed in Chapter I shall be expressed in characters no larger than those of the corresponding indication in units listed in Chapter I."
The first statement seems to indicate that any unit can be a supplemental unit, even a unit I may make up today. Only someone with a knowledge of the law would be able to tell if this is the correct interpretation. The 2-nd statement is less clear. It uses the word predominate. Does that mean it has to be in the first position? It goes on to say, without using the term secondary or supplemental, that non-SI units can be no larger than SI units. But if non-SI units are equal in character and in the primary position, then how does SI predominate? The key word here is predominate. To me, predominate would surely mean to come first, and be in the primary position. This is where a good lawyer would be needed to interpret the intent and meaning of this part of the directive. We need to find a way to force SI to the primary position. Also, does the directive allow for only one supplemental unit indicator or can multiple be used? If it only allows for one additional indicator, can we argue that the once liquide is actually a third indication? One has to be clever to argue that the use of the once liquide to mean 1 US fluid ounce is wrong, as it never meant that. And as someone pointed out, the term was never correct and should have been once fluide. Thus, the term may be in violation of the directive. Your final point about operating two production lines is our argument against FFU, but it can work the other way. American Industry uses this one (albeit in silence) when it sells FFU in the world. Just look at the posting from Harry Wyeth and how the situation in the US forced this company to change its 300 g size to 10 oz, even in India. Now, in USMA19915 you will read that the package is labelled in India only as 285 g. Now, correct me if I am wrong, but doesn't that mean two production runs. You have a 10 oz label for the US and a 285 g label for India. These packages must be run and kept separate, no? Even if it is something as simple as a label, it still would be running two different production lines and incurring the cost of both. John ----- Original Message ----- From: <[EMAIL PROTECTED]> To: "U.S. Metric Association" <[EMAIL PROTECTED]> Sent: Sunday, 2002-05-05 09:08 Subject: [USMA:19917] Re: Elizabeth Taylor Perfume > > Of Han Maenen > > The once liquide has never been a legal unit in the EU, that is for > sure. > > And it is not used as a secondary indicator, but as a primary one! > > Where have you seen it in the EU? > > The term 'secondary' is usually referred to as 'supplementary' in > weights and measures. The term 'primary' is rarely used (except for > non-regulated matters). This leaves open the question of which unit > comes first in dual labelling. The legislation of dual labelling > mentions 'prominence'. > > Regulated goods are required to be weighed, measured and priced in > metric units and permits 'supplementary indications'. > > Note the markets mentioned in the following text: > > "to permit the use of non-metric units of measurement as "supplementary > indications" until 31 December 2009. > [...] > Extending the period during which supplementary indications may be used > means that UK manufacturers who trade in the EC and also export to the > US will not have to operate separate production lines in order to comply > with conflicting rules on indicating units of measurement on packages > and equipment, etc (i.e. SI units only for the EC market, SI and > customary US units for the US market). The sectors most affected are > cosmetics and toiletries, fine art paints and pre-packed foods. > Engineering sectors also have an interest." > http://www.dti.gov.uk/access/ria/uni_measure_regs.htm > > -- > Terry Simpson > Human Factors Consultant > [EMAIL PROTECTED] > www.connected-systems.com > Phone: +44 7850 511794 >
