Capacity serving measures and measuring container bottles are subject to the surveillance by the legal metrology authority but not to mandatory verification. If drinks are sold only capacity serving measures as well as measuring container bottles are permitted for use which satisfy the statutory requirements. The requirements are stipulated in the Metrology Act, the ordinance on capacity serving measures as well in the ordinance on prepackages.
Capacity serving measures are defined in such a way that they are filled if required. Their use is obligatory for all drinks except tea, coffee and milk shakes, unless the drink is served in measuring container bottles or in litre mugs. In the latter case also glasses without filling mark or marking of the content are permitted.
For capacity serving measures the regulations of the measuring instruments directive (MID) apply, whereby the nominal capacity is clearly and indelibly marked on the measure. Capacity serving measures are marked also with the name and the manufacturer’s marking and with the CE-marking followed by the metrology marking, the year and the identification number of the notified body.
Until 30 October 2016 capacity serving measures can be placed on the market alternatively also according to the present national regulations. In the latter case the measures have to be marked with a litre marking as well as with an approved manufacturer’s marking.
Measuring container bottles are containers made from glass or other materials with an inherent stability intended for storage, transport or delivery of liquids, with a volume not less than 0,05 litres and not more than 5 litres. They allow the measurement of their content with a sufficient accuracy if filled up to a certain height or to a certain percentage of their full volume (up to the brim).
A measuring container bottle shall bear the following indelible, easily legible and visible indications: on its side, on the bottom rim or on the bottom: an indication of its nominal capacity in litres, centilitres or millilitres and the manufacturer’s identifying mark approved by BEV. The manufacturer’s identifying mark has to be approved by BEV on request if there is no danger of confusion with other already approved manufacturer’s identifying marks for capacity serving measures.
Manufacturer’s identifying marks for measuring container bottles which have been approved abroad are recognized in Austria, if they relate to directive 75/107/EEC. In this case a new approval of the manufacturer’s identifying mark is therefore not necessary in Austria