Section 1
This Order may be cited as the Price Marking Order 2004 and shall come into force on 22nd July 2004. In this Order— “advertisement” means any form of advertisement which is made in order to promote the sale of a product but does not include any advertisement by means of which the trader intends to encourage a consumer to enter into a distance contract, a catalogue, a price list, a container or a label; “consumer” means any individual who buys a product for purposes that do not fall within the sphere of his commercial or professional activity; “cosmetic products” means any substance or preparation intended to be placed in contact with an external part of the human body, or with the teeth, inside of the mouth or throat with a view exclusively or mainly to one or more of the following purposes: cleaning, perfuming, changing the appearance of, protecting, and keeping in good condition it or them or correcting body odour; “deposit” has the meaning which— in the case of England and Wales, is set out in paragraph 1(2)(a) of Schedule 8 (deposit schemes) to the Environment Act 2021; and in the case of Scotland, is set out in section 84(2)(a) (deposit and return schemes) of the Climate Change (Scotland) Act 2009; “distance contract” means any contract concerning products concluded between a trader and a consumer, by any means, without the simultaneous physical presence of the trader and the consumer; “itinerant trader” means any trader who, as a pedestrian, or from a train, aircraft, vessel, vehicle, stall, barrow, or other mobile sales unit, offers products to consumers other than by means of pre-printed material; “liquid medium” has the meaning given for the purposes of the second subparagraph of point 5 of Annex IX to Regulation (EU) No 1169/2011 of the European Parliament and of the Council on the provision of food information to consumers; “make-up products” means cosmetic products solely intended temporarily to change the appearance of the face or nails, including (but not limited to) lipsticks, mascaras, eye shadows, blushers and concealers; “net drained weight” means the weight of a solid food product when it is presented in a liquid medium; “precious metal” means gold, silver or platinum, or any other metal to which by an order under section 17 of the Hallmarking Act 1973 the provisions of that Act are applied; “products sold from bulk” means products which are not pre-packaged and are weighed or measured at the request of the consumer; “relevant floor area” in relation to a shop means the internal floor area of the shop excluding any area not used for the retail sale of products or for the display of such products for retail sale; “selling price” means the final price to be paid for a unit of a product, or a given quantity of a product, including VAT and all other taxes (but excluding the amount of any deposit); “shop” includes a store, kiosk and a franchise or concession within a shop; “small shop” means any shop which has a “relevant floor area” not exceeding 280 square metres; “standard of fineness” means any one of the standards of fineness specified in column (2) of paragraph 2 of Schedule 2 to the Hallmarking Act 1973; “trader” means any person who sells or offers or exposes for sale products which fall within his commercial or professional activity; “unit price” means the final price, including VAT and all other taxes (but excluding the amount of any deposit) which would be required to be paid— for an individual item of the product, where the product is sold by number; for one kilogram of the product, where the product is permitted to be sold either by weight or by volume, and the product is marked to show only its weight; for one litre of the product, where the product is permitted to be sold either by weight or by volume, and the product is marked to show only its volume; and in all other cases, for one kilogram, one litre, one metre, one square metre or one cubic metre of the product as appropriate.
Source: legislation.gov.uk · retrieved 2026-07-30