The Olive Oil (Marketing Standards) Regulations (Northern Ireland) 2008 (revoked)
Northern Ireland Statutory Rule 2008 No. 189 — creates 10 criminal offences.
- Made
- 23 April 2008
- In force from
- 20 June 2008
- Extent
- Not stated
- Subject
- Food, consumer protection, trading standards, product safety and age-restricted sales
- Made under
- (EC) No. 178/2002, European Communities Act 1972
Explanatory note
(This note is not part of the Regulations) — published with the instrument by the department that made it. © Crown copyright, reused under the Open Government Licence v3.0.
These Regulations come into operation on 20th June 2008. They– provide for the application of— c Article 4 of Regulation No. 865/2004 of the Council on the establishment of a common organisation of the market in olive oil and table olives (“Regulation 865/2004”) (O.J. No. 206, 9.6.2004, p.37); and d Commission Regulation (EC) No. 1019/2002 on marketing standards for olive oil (“Regulation 1019/2002”) (O.J. No. 155, 14.6.2002, p.27) as last amended by Commission Regulation (EC) No. 1044/2006 (O.J. No. L. 187, 8.7.2006, p.20). Article 4 of Regulation 865/2004 makes the use of prescribed descriptions and definitions of olive oils and olive-pomace oils compulsory for the purposes of trade, and prohibits retail marketing of certain categories of oil. Regulation 1019/2002 lays down specific standards for retail stage marketing of certain olive and olive-pomace oils (referred to as “relevant oil” in this Regulation), in particular, packaging and detailed labelling rules. In implementation of Regulations 136/66, 865/2004 and 1019/2002, these Regulations— i designate the authorities who are to enforce the Regulations (regulation 3); ii prescribe offences and penalties for contravention of Regulations 136/66, 865/2004 and 1019/2002 (regulations 4-8), and certain defences (regulations 15-16); and iii create powers of entry, inspection, sampling and production of documents (regulation 11). A person will be guilty of an offence if he: contravenes Article 35 of Regulation 136/66 (regulation 4); contravenes Article 4 of Regulation 865/2004 (regulation 4); packages relevant oil in quantities exceeding 5 litres, or in packaging with an opening system which can be resealed after first opening (regulation 4); sells relevant oil without providing information on the category of oil (regulation 4); includes on the packaging for sale of relevant oil a designation of origin in contravention of Article 4 or Regulation 1019/2002 (regulation 5); includes on the labelling of relevant oil optional indications in contravention of Article 5 of Regulation 1019/2002 (regulation 6); includes on the labelling of blended oil any images or graphics highlighting the presence of relevant oil, where there is not more than 50% of such oil in the blend, or otherwise contravenes Article 6 of Regulation 1019/2002 (regulation 7); or intentionally obstructs an authorised officer enforcing these Regulations or fails to supply required information (regulation 12). The offences in regulations 4, 5, 6 and 7 carry a penalty on conviction of a fine not exceeding the statutory maximum. The offences in regulation 12 carry a penalty on conviction of a fine not exceeding level 3 on the standard scale. These Regulations revoke the Olive Oil (Marketing Standards) Regulations (Northern Ireland) 1987 with savings.
Offences created by this instrument
- A person shall be guilty of an offence if he— a sells, at the retail stage or otherwise, any oil in contravention of… regulation 4(1) · Status not determined · Strict liability
- A person shall be guilty of an offence if he sells any relevant oil the packaging of which bears a designation of… regulation 5(1) · Status not determined · Strict liability
- A person who packages specified oil to which Article 9 (arrangements for approval of packaging establishments) applies… regulation 5(2) · Status not determined · Strict liability
- A person who sells specified oil the labelling of which contravenes the final sentence of Article 9(2) shall be guilty… regulation 5(3) · Status not determined · Strict liability
- A person who operates an establishment which is the subject of an approval granted in accordance with regulation 10(1)… regulation 5(4) · Status not determined · Strict liability
- A person shall be guilty of an offence if he sells, on or after 20th June 2008, any relevant oil the labelling of… regulation 6(1) · Status not determined · Strict liability
- A person shall be guilty of an offence if he sells, on or after 1st July 2008, any relevant oil the labelling of which… regulation 6(2) · Status not determined · Strict liability
- A person shall be guilty of an offence if he sells any blended oil where the presence of relevant oil is highlighted… regulation 7(1) · Status not determined · Strict liability
- A person shall be guilty of an offence if he sells any blended oil where— a the presence of relevant oil is… regulation 7(2) · Status not determined · Strict liability
- A person shall be guilty of an offence if he sells any foodstuff to which Article 6(2) (foods other than blended oil… regulation 7(3) · Status not determined · Strict liability
What Parliament said about it
Hansard was searched for this instrument by name and returned nothing. That is the ordinary outcome: an instrument laid under the negative procedure is usually never debated, and becomes law without a word said about it in either House.
How Parliament handled it
Parliament's Statutory Instruments service records procedure from May 2017 onwards, and this instrument predates it. That is a limit of the source, not a statement that nothing happened.
Check the source
- This instrument on legislation.gov.uk The authoritative text, including amendments made since
- Other instruments from 2008