Trading standards leaflets

Information for greengrocers

As a general rule, produce is required to be sold by net weight. However, there are some exemptions and specific requirements that a greengrocer needs to be aware of. Also, in general, all foods - whether pre-packed, non-pre-packed or sold by number - must be priced, customers must be able to see the price indication without asking for assistance, and the unit price of the goods must be displayed. There are specific requirements, too, relating to bag and box schemes where a variety of items of fresh fruits or vegetables are placed together in a container for a future sale to a customer.

In the guide
Other legislation
General selling methods
Specific requirements for potatoes
Making the weight known before a customer buys
Bag and box schemes
Table of container weights
Price marking requirements
Trading fairly with your customers

Other legislation
For other legislation that applies to greengrocers covers labelling and compositional requirements for food, please see our leaflet on 'Food labelling for greengrocers' for further information. Please also see our separate leaflet on 'Weighing equipment in use for trade', which gives guidance on the controls over the scales you use.

General selling methods
Broadly speaking, produce (including items that are divided into pieces or have had parts removed for trimming but have not, as such, been processed) is required to be sold by net weight (produce without the wrapper). However, there is a range of exemptions that enable you to sell:

• some items sold by gross weight including the weight of the container - if the container is within the limits of the table of weights shown below
• soft fruit and mushrooms sold in a container (again, within the limits in the below table) provided the weight is made known to the buyer before they take possession of the goods
• 'countable produce' by number, if not more than eight items, which can be clearly seen, including apples, aubergines, bananas, grapefruit, nectarines, peaches, plums, radishes and tomatoes*
• produce sold by the bunch, including asparagus, carrots, garlic, onions, radishes, and spring onions*
• pre-packed items in heavier containers to be marked with net weight
• multi-packs of two or more types of pre-packed produce - if the individual inner packs are marked, are all visible, and if the outer is marked with the content quantities and number of packs*

[*For a full list and further advice please check with your local trading standards service.]

Specific requirements for potatoes
Loose potatoes can be sold by either net or gross weight. If you sell them by gross weight, the wrapper must be within specific weight limits (5g up to 500g and over 500g at the rate of 10g per kg of the gross weight). Bags containing very large potatoes (over 175g each) can be sold by number rather than weight as long as the bag contains a statement that each potato is not less than 175g. All bags of pre-packed potatoes must indicate a marked weight or number.

Making the weight known before a customer buys
Soft fruits and mushrooms must have the weight made known to the buyer before payment is made, whether they are packed in a container, such as a punnet, or sold loose from bulk. This can be done in the following ways:

• weighing the goods in front of the customer - the scales must be clearly visible as well as any indication given
• marking the weight on the punnet or pack
• giving your customer the weight in writing, perhaps by using a combined weight and price ticket.
• stating the weight on a display notice

On a practical point, customers may change the weight of open punnets by selecting or discarding some of the produce. This can mean that some packs may be less than the stated weight, so it is advisable to have a final check of the pack before the sale is made.

Bag and box schemes
Bag and box schemes are selling methods where you select a variety of items of fresh fruits or vegetables and place them together in a container for a future sale to a customer. Schemes vary but most involve either deliveries of regular 'standing orders' to customers or the sale of bags or boxes from trade premises or vehicles. These bags or boxes are 'pre-packs' because they are made up for retail sale in advance.

When sold separately, the quantity of each item still has to be marked in accordance with the specific requirements for each type of food, but when sold together in the bag or box, the following guidance shows how and when such marking is required:

• the net weight of the bag or box is 5kg or less
• the bag or box consists of two or fewer different fruit or vegetable items

The bag or box must be marked with a statement of net weight (or, where permitted, by number).

• the net weight of the bag or box is more than 5kg
• the bag or box consists of three or more different fruit or vegetable items

The bag or box is exempt from quantity marking and may be sold 'by the bag' or 'by the box' accordingly.

If you are going to sell fruits by placing them in a bag or other container as part of your shop or market stall display (for example, a bag of plums or a plastic container filled with bananas) it is advisable to seek further advice from your local trading standards service about the price and weight markings that must be given to the prospective purchaser.

Table of container weights
Weights for soft fruit and mushrooms:

Weights for fruit and vegetables other than soft fruit and mushrooms:

Price marking requirements
In general, all foods, whether pre-packed, non pre-packed or sold by number, must be priced. The price indication must be in writing, unambiguous, easily identifiable, and clearly legible. Customers must be able to see the price indication without asking for assistance.

Pre-packed items must be marked with the selling price and subject to certain exceptions, the unit price must be indicated either on or near the goods, or on a price list. (The selling price must be calculated by reference to the unit price and the weight or number.) For non pre-packed items, the unit price must be indicated either on or near the goods, or on a price list.

The unit price must be in metric - generally the price per kg. You may, in addition, show the unit price per lb, but the metric marking should be first and more prominent. Sales must be made with reference to the metric quantity. Unit price for mushrooms and other pre-packed items marked with a quantity can be displayed as price per 100g. Unit price for countable produce is the price per single item.

Where the quantity is required to be made known to the purchaser and the food is pre-packed in a container not marked with quantity - for example, for soft fruits and mushrooms there is no requirement to state a unit price.

Trading fairly with your customers
The law requires you not to trade unfairly with your customers.

The Consumer Protection from Unfair Trading Regulations 2008 ban traders from using unfair commercial practices towards consumers and set out broad rules outlining when commercial practices are unfair. Please see our leaflet 'A guide to the Consumer Protection from Unfair Trading Regulations'.

Please note
This leaflet is not an authoritative interpretation of the law and is intended only for guidance. Any legislation referred to, while still current, may have been amended from the form in which it was originally enacted. Please contact us for further information.

Relevant legislation
Weights and Measures Act 1963 (Cheese, Fish, Fresh Fruit & Vegetables, Meat and Poultry) Order 1984
Price Marking Order 2004
Consumer Protection from Unfair Trading Regulations 2008

Last reviewed/updated: July 2012

© 2013 itsa Ltd on behalf of the Trading Standards Institute.