The Olive Oil (Marketing Standards) Regulations 2003 (revoked)
UK Statutory Instrument 2003 No. 2577 — creates 8 criminal offences.
- Made
- 6 October 2003
- In force from
- 1 November 2003
- 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, which apply to Great Britain, come into force on 1st November 2003 and provide for the application of— a Article 35 of Regulation No. 136/66/EEC of the Council on the establishment of a common organisation of the market in oils and fats (“Regulation 136/66”) (OJ No. 172, 30.9.66, p. 3025) as last amended by Council Regulation (EC) No. 1513/2001 (OJ No. 201, 26.7.2001, p. 4); and b Commission Regulation (EC) No. 1019/2002 on marketing standards for olive oil (“Regulation 1019/2002”) (OJ No. 155, 14.6.2002, p. 27) as last amended by Commission Regulation (EC) No. 1176/2003 (OJ No. L. 164, 2.7.2003, p. 12). Article 35 of Regulation 136/66 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 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 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); 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 of 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 11). 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 11 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 1987 and the Olive Oil (Designations of Origins) Regulations 1999 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 1st November 2003, 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 November 2004, any relevant oil the labelling of… regulation 6(2) · Status not determined · Strict liability
- A person shall be guilty of an offence if he sells— a any blended oil where the presence of relevant oil is… regulation 7 · 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 2003