The Price Marking Order 1991

Explanatory Note

(This note is not part of the Order)

This Order implements European Community Council Directive 79/581/EEC (OJ No. L 158, 26.6.79, p.19), as amended by Council Directive 88/315/EEC (OJ No. L 142, 9.6.88, p.23), and Council Directive 88/314/EEC (OJ No. L 142, 9.6.88, p.19) on consumer protection in the indication of the prices of foodstuffs and non-food products respectively.

The Order revokes all previous Price Marking Orders relating to food, except for the Price Marking (Pre-Packed Milk in Vending Machines) Order 1976 (S.I. 1976/796), namely the Price Marking (Cheese) Order 1977 (S.I. 1977/1334), the Price Marking (Meat) Order 1977 (S.I. 1977/1412), the Price Marking (Cheese) (Amendment) Order 1978 (S.I. 1978/133), the Price Marking (Meat and Fish) Order 1974 (S.I. 1974/1368), the Price Marking (Fruits and Vegetables) Order 1975 (S.I. 1975/1317), the Price Marking (Food) Order 1978 (S.I. 1978/738) and the Price Marking (Food) (Amendment) Order 1989 (S.I. 1989/218) (articles 1 and 5 and Schedule 3).

The Order applies to goods sold by retail and to advertisements for such goods (article 2) and with limited exceptions requires that the selling price of such goods, whether sold in shops or through other channels, is indicated in writing (article 3).

The Order also requires that the unit price must be indicated for goods sold from bulk, goods pre-packed in variable quantities and, from 7th June 1995, for certain goods prepacked in pre-established quantities (article 4 and Schedule 1). Special provisions are included to deal with the unit pricing of cheese, meat and milk pre-packed in preestablished quantities (article 5). The metric and imperial units of measurement to be used for the unit pricing of food and other goods are specified (article 6 and Schedule 4). Special provisions relating to unit prices of food sold by reference to metric units are included in article 7.

The manner of indicating the price is set out in article 8. Prices indicated should in general be the final price to the consumer. The Order requires prices to be indicated inclusive of VAT or other taxes (article 9) and if the consumer must pay for ancillary goods or services the price of these must be included in the price of the goods or stated separately (article 10). When different prices are to be charged according to different methods of payment, the price indicated need relate to one of those methods only (article 11).

Provisions are included in this Order dealing with all motor fuel (articles 12 to 16 and Schedule 2); these provisions replace those in the Price Marking (Petrol) Order 1980 and the Price Marking (Petrol) (Amendment) Orders of 1987, 1988 and 1991 (S.I.s 1980/ 1121, 1987/8, 1988/2226 and 1991/206).

Special provisions are also included dealing with sales of jewellery and precious metals (article 17) and general price reductions, e.g. in sales (article 18), and transitional provisions deal with price indications contained in catalogues, price lists or in films or television or radio broadcasts (article 19).