Definition and Legal Basis of Dispensed Measures
Dispensed measures refer, in the context of hospitality, food, and consumer protection law, to the legally established filling quantities for alcoholic and non-alcoholic beverages that are offered as open servings in restaurants, canteens, bars, and similar establishments. These filling quantities, also known as serving measures or fill quantities, are regulated by law in Germany and Austria. Compliance with dispensed measures serves to protect consumers as well as to ensure fair competition among businesses.
Meaning of the Term Dispensed Measure
A dispensed measure is the prescribed, binding quantity of a beverage that must be served in certain glasses, mugs, or other drinking vessels. The dispensing regulations are intended to ensure that guests receive the amount they paid for and are not subject to covert disadvantage by receiving too little beverage.
Overview of Legal Regulations on Dispensed Measures
Legal Basis
Germany
In Germany, the Measurement and Calibration Act (MessEG) of July 25, 2013, as well as the Measurement and Calibration Ordinance (MessEV) form the central legal basis for dispensed measures. They regulate the use of measuring instruments and the requirements for pre-packaged goods and dispensing vessels. In addition, competition law (§ 3a UWG in conjunction with consumer protection regulations) and the Price Indication Ordinance contain relevant provisions.
Key Regulations:
- For dispensing vessels with nominal volumes from which beverages are served directly to the consumer, § 14 MessEV requires a clearly visible and permanent fill line marking.
- The permissible nominal measures for certain beverages are conclusively listed in Annex 4 to § 14 MessEV.
- In particular, the following fill quantities apply to beer: 0.1 l, 0.2 l, 0.25 l, 0.3 l, 0.33 l, 0.4 l, 0.5 l, 1.0 l.
The requirements for calibration and measurement accuracy of glasses are also regulated in the MessEV.
Austria
In Austria, the Measurement and Calibration Act (MEG) is authoritative. It stipulates that dispensing vessels must be clearly marked, calibrated, and provided with a fill line and nominal volume. Essential dispensing measures include 0.125 l, 0.2 l, 0.25 l, 0.33 l, and 0.5 l.
Dispensed Measures and Consumer Protection
The statutory dispensed measures serve, in particular, to protect consumers from misleading practices regarding the volume of drinks served. A deviation from the prescribed fill quantities can be penalized as an administrative offense. Ongoing monitoring in Germany, for example, is carried out by the calibration offices and, in some cases, by local regulatory authorities.
A violation of the allowable dispensed measures can be sanctioned with a fine under § 60 MessEG. Additionally, such violations may constitute an infringement of competition law, for example, if competitors are disadvantaged.
Dispensed Measures in Practice
Marking and Fill Line
Dispensing vessels must have a clearly visible fill line on the glass to ensure correct dispensing. The nominal volume, together with the manufacturer’s mark and, where applicable, the CE marking, must be applied permanently. The glass must not be filled above or significantly below the fill line; only a small tolerance (measurement tolerance), which is precisely defined by law, is permitted.
Different Regulations for Various Beverages
- Beer: Served in the prescribed dispensing measures, which can also vary regionally.
- Wine, Sparkling wine: The typical nominal volumes are 0.1 l, 0.2 l, 0.25 l.
- Spirits: Usually 2 cl or 4 cl, according to Annex 4 to § 14 MessEV.
- Non-alcoholic beverages: For open soft drinks, a fill line and nominal volume also apply, but there is greater flexibility in the choice of measures.
Dispensed Measures in International Comparison
In other EU countries, regulations vary: while mandatory serving measures apply in Germany and Austria, they are less strictly regulated elsewhere. In many countries, it is sufficient to correctly and visibly indicate the served volume.
Permissible and Impermissible Practices in Dispensing
Prohibition of Blended Calculations and Quantity Adjustment
An important principle of the legal situation is the prohibition of serving different quantities to different guests for the same drink at the same price or compensating for underfills with overfills in other glasses (quantity adjustment). Each individual dispensed quantity must be correctly maintained on its own.
Administrative Offenses and Sanctions
Failure to comply with dispensed measures—such as underfilling or absence of a fill line—constitutes an administrative offense that is prosecuted under the Measurement and Calibration Act. Supervision in Germany is carried out by state calibration authorities. Sanctions range from fines to prohibition or withdrawal of the glasses.
Civil claims, such as refund of the purchase price or damages, may also be conceivable in the event of proven and unlawful short-filling.
Dispensed Measures and Competition
Significance for Pricing and Transparency
Dispensed measures are of particular importance for pricing in the hospitality industry. They ensure that price labeling is comprehensible to guests and not misleading. According to the Price Indication Ordinance, the price ratio to the offered filling quantity must always be specified.
Competition Law Aspects
If different fill quantities are offered at the same price or dispensing regulations are violated, not only official but also competition law sanctions threaten, such as warnings for unfair competition.
Conclusion
Dispensed measures are a key component of consumer and competition law in the field of hospitality and beverage sales. They are clearly defined by law and are governed by binding measurement and calibration regulations. Consistent compliance is monitored by authorities, and violations can lead to severe sanctions. Dispensed measures serve transparency, fairness, and legal clarity in the relationship between provider and guest as well as among business operators themselves.
Frequently Asked Questions
What legal regulations apply to compliance with dispensed measures in Germany?
In Germany, dispensed measures in the hospitality industry are regulated by the Calibration Act (Measurement and Calibration Act – MessEG) and the Measurement and Calibration Ordinance (MessEV). These provisions require that, in commercial beverage dispensing, the specified quantities (e.g., 0.1 l, 0.2 l, 0.3 l, 0.5 l, etc.) must be adhered to exactly. The appropriate measuring vessels, such as glasses with a fill line marking (calibration line), must be calibrated and correctly marked. The law is intended to protect consumers from deception and guarantee price clarity. Uncalibrated or manipulated glasses, as well as undercutting the specified dispensed quantity, are administrative offenses and may be penalized with fines.
Who is responsible for compliance with dispensed measures in a restaurant?
Responsibility for proper compliance with dispensed measures lies with the operator of the establishment, namely the owner or the legally responsible person of the business. This person is obliged to ensure that only calibrated glasses are used and that the staff is appropriately instructed. When drinks are served by staff, immediate responsibility lies with them, but the business owner is primarily held legally accountable. It is their duty to conduct regular checks and to instruct staff to comply with statutory provisions.
Are there exceptions to the requirements for dispensed measures?
Yes, there are certain exceptions where strict compliance with dispensed measures is not required. These include, for example, mixed drinks (such as cocktails) in which several ingredients are used and mixed, provided that no specific quantity for the alcohol is indicated on the menu. Also, when serving open bottles (e.g., wine bottles at the table), the obligation for exact quantity dispensing does not apply if the bottle is fully emptied in front of the guest. Similarly, spirits dispensed “freehand”—for example, at tastings—are partly exempt from calibration requirements. Nevertheless, consumers must generally be sufficiently informed about the quantity received.
How are violations of the regulations on dispensed measures penalized?
Violations of the dispensed measure regulations in Germany are treated as administrative offenses. The responsible authorities, usually the calibration office or the relevant local authority, conduct regular inspections in hospitality businesses. Detected violations, such as the use of uncalibrated glasses or undercutting the specified quantities, can be penalized with fines. These fines vary depending on the severity and frequency of the violation and may amount to several thousand euros. In cases of repeated or particularly serious offenses, this can even lead to (temporary) closure of the business.
What happens if a glass is accidentally served below the calibration line?
If there is a single and demonstrably unintentional underfilling below the calibration line during dispensing, it is formally still a violation of the legal provisions. In practice, however, a distinction is often made, especially if the mistake is immediately corrected and the guest is informed. In case of repeated incidents or systematic underfilling, intent may be assumed, which the authorities sanction more strictly. It is advisable for restaurateurs to offer a right of return or refill in such cases and to document incidents in order to provide evidence during inspections.
What labeling requirements apply to glasses and measuring containers used in dispensing?
According to the relevant statutory requirements, dispensing glasses in Germany must be marked with a calibration line that precisely indicates the nominal fill quantity (e.g., 0.2 l, 0.5 l). In addition to the calibration line, an identification number of the calibration office and the year of calibration (or an indication of calibration validity) must be present. Furthermore, the nominal fill quantity must be clearly readable in the immediate vicinity of the calibration line on the glass. If these requirements are not met, the vessel is not considered calibrated, and the operator risks an administrative offense. Repeated or intentional violations may also constitute a criminal offense.
What inspection and documentation obligations do restaurateurs have concerning dispensed measures?
Restaurateurs are required to regularly ensure the calibration and integrity of their dispensing vessels. They should document internal inspections and immediately replace defective items. During official inspections, businesses must provide evidence of compliance with legal requirements, in particular documentation of the glasses used and their calibration. It is also advisable to train staff regularly regarding the importance and handling of dispensed measures to avoid unintentional violations.
May reusable and single-use glasses be used equally, and are both subject to the dispensed measure regulations?
Both reusable and disposable glasses may be used in hospitality businesses, provided they meet statutory requirements. Regardless of the type of glass—reusable or disposable—all glasses used for dispensing pre-measured beverages in specific nominal quantities must bear a valid calibration line and the required markings. Disposable vessels must also be properly labeled, unless they are served in sealed form (e.g., bottles). The obligation to comply with dispensed measures only lapses when drinks are served in original packaging or in bottles at the table.
