Is Net Weight Required on a CLP Label? Nominal Quantity Explained (UK Wax Melts)

Short answer: GB CLP does not require the nominal quantity to appear specifically within the CLP hazard label if that quantity is stated elsewhere on the package.

For a substance or mixture classified as hazardous and supplied to the general public, Article 17(1)(b) of the GB CLP Regulation requires the nominal quantity of the substance or mixture in the package, unless that quantity is specified elsewhere on the package.

Separate weights and measures legislation may also require packaged goods to carry a quantity declaration. For non-liquid products within the scope of the Weights and Measures (Packaged Goods) Regulations 2006, the nominal quantity is expressed in kilograms or grams.

This article covers Great Britain: England, Scotland and Wales.

What does GB CLP require?

The GB Classification, Labelling and Packaging Regulation applies to substances and mixtures placed on the market in Great Britain.

Where a substance or mixture is classified as hazardous and is contained in packaging, Article 17 sets out the information that must appear on the label.

For a product made available to the general public, Article 17(1)(b) requires:

the nominal quantity of the substance or mixture in the package, unless this quantity is specified elsewhere on the package.

This means the nominal quantity does not have to be repeated within the CLP hazard label when it is already specified elsewhere on the package.

Does the nominal quantity have to be inside the CLP label?

No.

GB CLP expressly provides that the nominal quantity does not have to be included on the CLP label where it is specified elsewhere on the package.

For example, where a package displays a quantity declaration on its main product label, that quantity does not have to be repeated within a separate hazard label solely for the purpose of Article 17(1)(b).

Does GB CLP require the words “net weight”?

Article 17(1)(b) uses the term nominal quantity. It does not require the wording “net weight” to appear on the CLP label.

The unit and marking requirements that apply to packaged goods are also governed by weights and measures legislation where the product falls within the scope of that legislation.

Nominal quantity and product identifier are different requirements

GB CLP treats nominal quantity and product identification as separate label elements.

Article 17(1)(b) covers the nominal quantity.

Article 17(1)(c) requires product identifiers in accordance with Article 18.

For mixtures, Article 18 contains the requirements for identifying the mixture, including its trade name or designation and, where required by Article 18, the identity of certain substances contained in the mixture.

A product identifier does not replace the nominal quantity requirement.

What about wax melts?

A wax melt made from wax, fragrance and other ingredients is a mixture for the purposes of chemical classification legislation.

Mixtures placed on the GB market must be classified in accordance with GB CLP. If the finished mixture is classified as hazardous, the applicable GB CLP labelling requirements apply.

The classification must relate to the finished mixture being supplied. The required hazard information depends on that classification.

Weights and measures rules are separate from CLP

The Weights and Measures (Packaged Goods) Regulations 2006 are separate from GB CLP.

The Regulations establish quantity-control requirements for packages within their scope.

For the purposes of the Regulations, a package is a combination of a product and its individual packaging where:

the product is placed in the package without the purchaser being present; and
the quantity cannot be altered without the package being opened or undergoing a perceptible modification.

The Regulations apply, subject to their statutory exclusions and exceptions, to packages intended for sale in predetermined constant nominal quantities by weight or volume between:

5 g and 25 kg; or
5 ml and 25 litres.

The 2006 Regulations apply in full to non-food products within their scope.

How is the quantity shown for a non-liquid product?

For packages subject to the quantity-marking requirements of the 2006 Regulations, the nominal quantity must be expressed:

in litres, centilitres or millilitres for liquid products; or
in kilograms or grams for other products.

The nominal quantity must be shown in figures followed by the name or symbol of the relevant unit.

A solid wax-melt product that is packaged within the scope of these requirements is therefore quantity-marked in kilograms or grams.

Examples of quantity declarations are:

50 g

60 g

100 g

Does “wax melt” replace a weight declaration?

A statement such as “4 wax melts” is a declaration of number.

A declaration such as “60 g” is a declaration of quantity by weight.

They are different forms of quantity information.

Where the Weights and Measures (Packaged Goods) Regulations 2006 require a non-liquid package to be marked with its nominal quantity, that nominal quantity is expressed in kilograms or grams.

Where Article 17(1)(b) of GB CLP applies, the nominal quantity of the hazardous substance or mixture must also be provided unless it is already specified elsewhere on the package.

Minimum size of the quantity marking

Where the marking requirements of the Weights and Measures (Packaged Goods) Regulations 2006 apply, the quantity declaration must be indelible, easily legible and visible in normal conditions of presentation.

The minimum height of the quantity figures is:

Nominal quantity	Minimum height
Less than 50 g or ml	2 mm
50 g or ml to 200 g or ml	3 mm
200 g or ml to 1,000 g or ml	4 mm
1,000 g or ml to 10,000 g or ml	6 mm

A nominal quantity of 60 g therefore falls within the 3 mm marking category.

Does every pack have to contain exactly the stated weight?

No.

Official government guidance describes two systems for packing packaged goods: the minimum system and the average system.

The minimum system

Under the minimum system, every package contains at least the quantity displayed on the package.

For a package marked:

60 g

each package packed using the minimum system contains at least 60 g.

The average system

The average system is governed by the three Packers’ Rules.

The contents of packages must not be less, on average, than the nominal quantity.
Only the permitted proportion of packages may be short of the nominal quantity by more than the applicable tolerable negative error.
No package may be short by more than twice the tolerable negative error.

Packers must carry out the measurements or checks required to demonstrate compliance. Where compliance is established through sampling, the Regulations also impose record-keeping requirements.

What is the tolerable negative error?

The tolerable negative error, commonly abbreviated to TNE, is a prescribed amount used as part of the average quantity system.

Nominal quantity	Tolerable negative error
5 g/ml to 50 g/ml	9%
50 g/ml to 100 g/ml	4.5 g/ml
100 g/ml to 200 g/ml	4.5%
200 g/ml to 300 g/ml	9 g/ml
300 g/ml to 500 g/ml	3%
500 g/ml to 1,000 g/ml	15 g/ml
1,000 g/ml to 10,000 g/ml	1.5%

Where the TNE is calculated as a percentage, the resulting amount is rounded up to the nearest one-tenth of a gram or millilitre.

Example: a 60 g wax-melt package

For a nominal quantity of 60 g, the prescribed TNE is 4.5 g.

Under the average system, this figure forms part of the Packers’ Rules. It does not replace the requirement for the contents of packages to be at least 60 g on average.

The three Packers’ Rules continue to apply together:

the average contents must not be below 60 g;
the permitted proportion of packages below the applicable TNE limit must not be exceeded; and
no package may be short by more than twice the TNE.

Twice the TNE for a 60 g package is 9 g. A package below 51 g would therefore breach the third Packers’ Rule.

Is the e-mark compulsory?

No.

The estimated sign, or “€”-style e-mark (℮), is voluntary.

When used on a qualifying package, it is a declaration by the packer that the package complies with the applicable average quantity system requirements.

The e-mark must not be used unless the conditions governing its use are satisfied.

Where can the weight appear on a wax-melt package?

For GB CLP purposes, Article 17(1)(b) allows the nominal quantity to be specified elsewhere on the package rather than within the CLP label.

For example, a package could display:

Fresh Linen Wax Melts
60 g

on one part of the package and carry the applicable GB CLP hazard information on another part of the package.

The 60 g quantity does not have to be duplicated within the CLP hazard information solely to satisfy Article 17(1)(b).

Summary

Article 17(1)(b) of GB CLP requires the nominal quantity of a hazardous substance or mixture supplied to the general public.
The nominal quantity does not have to appear within the CLP hazard label if it is specified elsewhere on the package.
GB CLP does not require the words “net weight”.
Nominal quantity and the CLP product identifier are separate requirements.
The Weights and Measures (Packaged Goods) Regulations 2006 are separate legislation.
The 2006 Regulations apply, subject to their exclusions and exceptions, to packages intended for sale in predetermined constant quantities by weight or volume within the statutory quantity range.
For non-liquid products subject to the quantity-marking requirements, nominal quantity is expressed in kilograms or grams.
The minimum and average packing systems have different quantity-control requirements.
The e-mark is voluntary.

Official sources

Regulation (EC) No 1272/2008 on classification, labelling and packaging of substances and mixtures, as it applies in Great Britain – Articles 17 and 18.
The Weights and Measures (Packaged Goods) Regulations 2006.
Office for Product Safety and Standards – Weights and Measures (Packaged Goods) Regulations 2006: Guidance (GB).
GOV.UK – Weights and measures: packaged goods.
Health and Safety Executive – GB classification, labelling and packaging guidance.

This article describes the statutory requirements and official government guidance applicable in Great Britain. Northern Ireland is subject to a different CLP legal framework.