The Marketing of Fresh Horticulture Produce Regulations (Northern Ireland) 2010

Northern Ireland Statutory Rule 2010 No. 198 — creates 16 criminal offences.

16offences created

0recorded in force

0revoked

Made: 3 June 2010
In force from: 25 June 2010
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 provide a new statutory framework for the enforcement of the Community marketing rules in the fresh fruit and vegetable sector provided for in Articles113 and 113a of Council Regulation (EC) No1234/2007 (O.J. No. L299, 16.11.2007, p.1) establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation), and contained in TitleII of Commission Regulation (EC) No.1580/2007 (O.J. No. L350, 31.12.2007, p.1) laying down implementing rules of Council Regulations (EC) No.2200/96, (EC) No.2201/96 and (EC) No.1182/2007 in the fruit and vegetable sector. In particular, they implement the revisions made to the Community marketing rules introduced by Commission Regulation (EC) No.1221/2008 (O.J. No. L336, 13.12.2008, p.1) amending Regulation (EC) No.1580/2007 laying down implementing rules of Council Regulations (EC) No.2200/96, (EC) No.2201/96 and (EC) No.1182/2007 in the fruit and vegetable sector as regards marketing standards. These Regulations revoke the Grading of Horticultural Produce (Amendment) Regulations 1973 (S.R.1973 No. 19). These Regulations disapply the Horticulture Act (Northern Ireland) 1966, the Agriculture and Horticulture Act 1964 (c.28) and the Horticultural Produce Act 1986 (c.20) which modifies the 1964 Act and the Agricultural Marketing Act 1958 (c.47) from the Community marketing rules in the fresh fruit and vegetable sector. These Regulations make the failure to comply with Article113a(3) of Council Regulation (EC) No. 1234/2007, and the provisions of Commission Regulation (EC) No.1580/2007 mentioned in the Schedule, an offence. They contain some additional offences necessary for the effective enforcement of the Community marketing rules (Regulation16 and Schedule2). They exercise the derogation in Article3(3) of Commission Regulation (EC) No.1580/2007 (Regulation16(2)). This derogation exempts products presented for retail sale to consumers for their personal use from the specific marketing standards provided they are labelled “product intended for processing”, or with other equivalent wording. Regulation14 provides that powers in the Regulations cannot be exercised on premises used wholly as a dwelling house. The Regulations confer powers of entry (Regulation4) and other powers (Regulation5), including seizure powers which require authorised officers to fulfil certain duties in relation to any items seized. They contain powers to affix labels indicating non compliance with the Community marketing rules (regulations6, 7 and 8) and at the same time to serve notice containing detailed reasons for the non compliance. They confer power to control the movement of horticultural produce (regulation10) and the power to affix a stop notice label warning of its exercise (regulation12). There is provision for giving consent to the movement of controlled horticultural produce when certain conditions are met (regulation13). There are provisions on offences relating to the unlawful movement of controlled horticultural produce, to unlawfully removing stop notice labels and relating to failure to comply with an undertaking given in relation to controlled horticultural produce (regulation15). These Regulations make obstruction an offence (regulation18). They also contain provisions relating to the commission of an offence due to the fault of another person (regulation19). They provide for defences of acting with lawful authority or exercising due diligence and taking reasonable precautions (regulation20), and for the commission of offences by bodies corporate (regulation21). They provide for penalties for offences (regulation22).

Offences created by this instrument

SCHEDULE 1 SCHEDULE 1 · Status not determined · Strict liability
SCHEDULE 1 SCHEDULE 1 · Status not determined · Strict liability
A person is guilty of an offence if they display, offer for sale, deliver or market in any other manner, horticultural… regulation 15(1) · Status not determined · Strict liability
A person is guilty of an offence if they fail to comply with any provision of Commission Regulation 1580/2007… regulation 15(3) · Status not determined · Strict liability
Where— a an authorised officer has inspected horticultural produce and found it not to be compliant with Community… regulation 15(4) · Status not determined · Strict liability
A person is guilty of an offence if, in purporting to provide the information particulars required by Community… regulation 15(5) · Status not determined · Strict liability
A person, other than an authorised officer, is guilty of an offence if they affix, or cause or permit to be affixed, a… regulation 15(6) · Status not determined · Strict liability
A person, other than an authorised officer, is guilty of an offence if they remove, conceal, deface or alter, or cause… regulation 15(7) · Status not determined · Strict liability
A person is guilty of an offence if they export or import any consignment of horticultural produce to or from any… regulation 15(8) · Status not determined · Strict liability
A person is guilty of an offence if they move controlled horticultural produce, or a container with controlled… regulation 17(1) · Status not determined · Strict liability
A person, other than an authorised officer, is guilty of an offence if they remove or cause or permit to be removed… regulation 17(2) · Status not determined · Strict liability
A person is guilty of an offence if they fail to comply with the undertaking they gave for the purposes of regulation13 regulation 17(3) · Status not determined · Strict liability
Obstruction regulation 18(1) · Status not determined · Requires proof of a state of mind
Authorised officer: powers of entry regulation 4(7) · Status not determined · Strict liability
Authorised officer: Requirement to serve a notice in terms of regulations 6, 7 and 8 regulation 9(2) · Status not determined · Strict liability
Authorised officer: Requirement to serve a notice in terms of regulations 6, 7 and 8 regulation 9(2)(f) · Status not determined · Strict liability

What Parliament said about it

Contributions, debates and written statements mentioning this instrument by name. Parliamentary material is reused under the Open Parliament Licence v3.0.

Agriculture, Environment and Rural Affairs (Amendment) (Northern Ireland) (EU Exit) (No. 2) Regulations 2019 Commons · General Committees · 28 October 2019 · The Minister of State, Department for Environment, Food and Rural Affairs (George Eustice)
I beg to move, That the Committee has considered the Agriculture, Environment and Rural Affairs (Amendment) (Northern Ireland) (EU Exit) (No. 2) Regulations 2019 (S.I., 2019, No. 1313). This statutory instrument was due to be made under negative resolution, but was transferred to be made affirmative to ensure that it was on the statute books before our planned EU exit on 31 October 2019. The SI is made under the European Union (Withdrawal) Act 2018 which, as hon. Members know, retains EU-derived legislation in UK law, and corrects deficiencies in EU-derived legislation arising from the UK…
Agriculture, Environment and Rural Affairs (Amendment) (Northern Ireland) (EU Exit) (No. 2) Regulations 2019 Lords · Grand Committee · 30 October 2019 · Baroness Chisholm of Owlpen (Con)
My Lords, the instrument amends existing domestic legislation to ensure operability following EU exit. The SI relates only to Northern Ireland, concerning devolved areas of policy ranging from animal and plant health, non-native invasive alien species and the wider ecosystem, which would normally be dealt with by a devolved Administration. The regulation relates to protecting biosecurity. The changes do not introduce any new policy but seek to ensure that legislation is fully operable after exit. The SI will make minor amendments to existing Northern Ireland domestic legislation, namely the…

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.

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