Calibration
Calibration
Legal doctrine
The labelling of the contents of porcelain cups, mugs and other hollowware is known as "gauging".
"Calibration" in the gastronomic sense represents the correct dispensing of a guaranteed dispensing quantity/weight for the consumer by applying a standardised marking to the packaging or the dispensing container in such a way that the consumer can visually check the dispensing quantity when receiving the product.
In Germany, calibration is a sovereign task that is regulated by federal law and applied in administrative law with the Act on the Revision of Legal Metrology (MessEG) of 25th July 2013 under the number 7141-8 FNA.
The Verification Act defines precise regulations for packaging, containers and scales. Provisions for consumption meters (water meters, gas meters, electricity meters, heat meters) are regulated in calibration regulations and associated guidelines for carrying out these calibrations. The calibration of these consumption measuring devices is carried out exclusively by state-recognised test centres. The Physikalisch-Technische Bundesanstalt is the higher federal authority within the remit of the Federal Ministry of Economics and Technology and is responsible for the supervision of metrology. The calibration offices of the federal states are responsible for carrying out or monitoring calibrations.
Violations of the calibration law are punishable as administrative offences (§ 60 MessEG) with severe fines.
The Directives 2014/31/EU and 2014/32/EU were transposed into national law by the legislator with the Ordinance on the Revision of Legal Metrology and Adaptation to European Jurisdiction (MessEV) of 11 December 2014. As part of the revision of the measurement and calibration system, the Measurement and Calibration Fees Ordinance (MessEGeBV) also came into force on 24th March 2015.
In Germany, only those who own a "German oak" are allowed to calibrate; this does not mean the deciduous tree in the front garden, but the person who has qualified in accordance with the Federal Calibration Ordinance to apply mass and content specifications accordingly and to check these themselves in accordance with the law. As the gauges are usually fixed to companies (legal entities), in the event of an offence the gauging office will then look for the responsible persons who will be held accountable in accordance with the old Imperial Code of Law in the event of an offence.
Every user of calibrated vessels is legally obliged to verify the accuracy of the calibration data on the vessels used for dispensing! It is not sufficient to rely on the information provided by the manufacturer or distributor of calibrated containers/packaging! Anyone who dispenses drinks in fixed measuring units, such as 0.2 litres or 200 ml, without being in possession of a calibrated test instrument is already acting with gross negligence! The implementation or monitoring of calibrations is the responsibility of the calibration offices of the federal states.
Joint liability and audit obligation
In plain language: Every restaurateur must have a suitable testing instrument within the meaning of the calibration regulations and randomly check the accuracy of the calibration data on their dispensing vessels themselves. If such an inspection instrument is missing, a fine is not far away.
Porcelain and calibrations
Porcelain, as well as all related materials from the family of ceramic bodies, are often handmade products. The ceramic body is fired at over 1,100 °C in the kiln. Differences and shrinkage in height, thickness and wall thickness expose the contents of a ceramic vessel to considerable tolerances with regard to the filling quantity.
Example: Even the deviation of the wall thickness of a mulled wine cup from 4.1 to 4.3 mm exceeds the permissible limits of the calibration regulations in accordance with Section 22 of the Measurement and Verification Ordinance. If the cup does not come from an (expensive) fully automated production line, an administrative offence is inevitable.
For the sake of good order, it should be noted that "glass" is subject to considerably less shrinkage than porcelain, for example. This means that there are basically only three ways in which the calibration mark can be applied to a ceramic or porcelain cup.
Variant 1
The expensive and honest variant
Only high-quality drinking cups from a fully automated production line are used to serve drinks. Machine production and double firing (biscuit and smooth firing) ensure a minimum tolerance value for the hollow containers
Total number of providers of such products available in Germany > 20.
Price difference to the favourable average price about +130%!
Variant 2
The cheap and dangerous variant
Of course, there are suppliers who offer Polish, Romanian or even Chinese drinking vessels in calibrated form. In the majority of cases, we come across products that are obviously (see picture above) a deliberate violation of the German calibration law, as the calibration symbol (source indication/traceability) entered in the calibration register is missing on the calibration mark itself.
Total number of providers of such products available in Germany > 50.
Price difference to the legally compliant average price about -20%!
Approach
The soso-variant
On 16th October 1308, Friedrich Klemme confirmed for the first time "...whoever sells wine, mead or beer to others should give them the right omen..." and thus laid the foundations of the German bar regulations (Schankverordnung).
Nevertheless, there are many possibilities that do not require the indication of filling quantities in a notice or on a food and drink menu. If, for example, the name of a 0.2 litre mulled wine for EUR 3.00 is changed to "Heißer Peter", "Winterwunder", "Glühzauber" or similar, the price labelling "Ein Pott" or "großer Pott" is permissible.
Solution
The safest solution
Whether under the cost aspect with regard to the purchase of drinking vessels, or also under the aspects of the inspection and compliance obligation:
The best and safest method is to serve draught drinks on a calibrated tare scale that is visible to the guest.
Conclusion
Anyone who issues calibrated beverage quantities is not only subject to sensitive comparability with consumers, but is also obliged to check and comply with the authorities!
Misdemeanours cost heavy fines and your savings are quickly wiped out.
If you want to go into more legal depth, you can read more here: