4.—(1) A person is guilty of an offence if they display, offer for sale, deliver or market in any other manner, horticultural produce in contravention of or which is not compliant with—
(a)the general marketing standard, if applicable; or
(b)any specific marketing standard applying to that horticultural produce.
(2) Paragraph (1) does not apply in the circumstances mentioned in regulation 5.
(3) A person is guilty of an offence if they fail to comply with any provision of [F3Commission Implementing Regulation 543/2011] mentioned in column 1 of the Schedule, as read with any provision mentioned in any corresponding entry in column 2 of that Schedule.
(4) Where—
(a)an authorised officer has inspected horticultural produce and found it not to be compliant with F4...[F2 marketing rules], and
(b)the person in charge of that horticultural produce has given an undertaking, or has been responsible for the giving of an undertaking in relation to that horticultural produce,
it is an offence for that person to act in breach of the undertaking or to cause or permit their agent or employee to act in breach of the undertaking.
(5) A person is guilty of an offence if, in purporting to provide the information particulars required by F4...[F2 marketing rules] for horticultural produce, they give an inaccurate or false description of that horticultural produce on a label affixed to, or in a notice or document accompanying, that horticultural produce.
(6) A person, other than an authorised officer, is guilty of an offence if they affix, or cause or permit to be affixed, a re-graded label, an out-graded label or a labelling defect label to the container of horticultural produce, or to the horticultural produce itself, or to any notice or document which is required by F4...[F2 marketing rules] to accompany that horticultural produce.
(7) A person, other than an authorised officer, is guilty of an offence if they remove, conceal, deface or alter, or cause or permit to be removed, concealed, defaced or altered—
(a)any notice or document which is required by F4...[F2 marketing rules] to accompany horticultural produce or any label required by F4...[F2 marketing rules] to be affixed to that horticultural produce or to its container;
(b)a re-graded label, an out-graded label or a labelling defect label which has been applied by an authorised officer in the execution of these Regulations to the horticultural produce or to its container;
(c)any demarcation tape or other material used by an authorised officer in accordance with regulation 8(1)(f) to identify horticultural produce or a specific lot of horticultural produce which is found not to be compliant with F4...[F2marketing rules].
(8) A person is guilty of an offence if they export or import any consignment of horticultural produce to or from any place outside [F5Great Britain] without a document, label or notice required by F4...[F2marketing rules] to accompany that horticultural produce.
Textual Amendments
F1Word in reg. 4 heading omitted (31.12.2020) by virtue of The Market Measures (Miscellaneous Provisions) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/824), regs. 1, 5(5)(a); 2020 c. 1, Sch. 5 para. 1(1)
F2Words in Regulations substituted (22.4.2011) by The Treaty of Lisbon (Changes in Terminology) Order 2011 (S.I. 2011/1043), art. 2, Sch. 1 para. 13 (with art. 3)
F3Words in reg. 4(3) substituted (1.12.2011) by The Marketing of Fresh Horticultural Produce (Amendment) Regulations 2011 (S.I. 2011/2587), regs. 1(1), 5
F4Word in reg. 4 omitted (31.12.2020) by virtue of The Market Measures (Miscellaneous Provisions) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/824), regs. 1, 5(5)(a); 2020 c. 1, Sch. 5 para. 1(1)
F5Words in reg. 4(8) substituted (31.12.2020) by The Market Measures (Miscellaneous Provisions) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/824), regs. 1, 5(5)(b) (as substituted by S.I. 2020/1453, regs. 1(2)(b), 11(6)(a)); 2020 c. 1, Sch. 5 para. 1(1)
5. Horticultural produce to which a specific marketing standard applies is not required to comply M1 with that specific marketing standard if that horticultural produce complies with the general marketing standard and if it is—
(a)presented for retail sale to consumers for their personal use;
(b)labelled “product intended for processing” or with any other equivalent wording; and
(c)not intended for industrial processing.
Marginal Citations
M1Regulation 5 exercises the derogation in Article 3(3) of Commission Regulation (EC) No 1580/2007, as replaced with new text by virtue of Article 1(c) of Commission Regulation (EC) No. 1221/2008 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 (OJ No L 336, 13.12.2008, p 1 as corrected by Corrigendum (OJ No L 36, 5.2.2009, p 84)).
6. The powers under Part 3 and Part 4 of these Regulations may not be exercised on premises, or part of any premises, used only as a dwelling-house.