The Marketing of Fresh Horticultural Produce Regulations 2009

Interpretation

2.—(1) In these Regulations—

[F1 “Commission Implementing Regulation 543/2011” means Commission Implementing Regulation (EU) No 543/2011 laying down detailed rules for the application of Council Regulation (EC) No 1234/2007 in respect of the fruit and vegetables and processed fruit and vegetables sectors, as amended from time to time.]

(2) In these Regulations—

“authorised officer” means an officer appointed by the Secretary of State in accordance with regulation 3(5) of these Regulations;

“ [F2 EU marketing rules] ” means the general marketing standard and the specific marketing standards covering fresh fruit and vegetables listed in Part IX of Annex I to Council Regulation 1234/2007, and includes the rules relating to those standards contained in Articles 113 and 113a of Council Regulation 1234/2007 and Title II of [F3 Commission Implementing Regulation 543/2011];

“container” includes any basket, pail, tray, package or receptacle of any kind, whether open or closed;

“controlled” in relation to horticultural produce, means that the power conferred by regulation 12(1) (stop notice) has been exercised in relation to it and that the stop notice is for the time being in force;

“Council Regulation 1234/2007” means Council Regulation (EC) No 1234/2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation) M1 as amended from time to time;

“general marketing standard” means the requirements of Article 113a(1) of Regulation 1234/2007 as detailed in [F4 Article 3(1) and Part A of Annex I to Commission Implementing Regulation 543/2011];

“horticultural produce” means fruit and vegetables listed in Part IX of Annex I to Council Regulation 1234/2007 to which [F2 EU marketing rules] apply;

“label” includes any device for conveying information by written characters or other symbols, and any characters or symbols stamped or otherwise placed directly on to any horticultural produce or container, and references to the affixing of a label are construed accordingly;

“labelling defect label” has the meaning given in regulation 11;

“out-graded label” has the meaning given in regulation 10;

“premises” includes any place, vehicle or trailer, stall, vessel, container, moveable structure, aircraft, or hovercraft;

“re-graded label” has the meaning given in regulation 9;

“specific marketing standards” means the marketing standards provided for under Article 113(1)(b) of Council Regulation 1234/2007 as detailed in [F5 Article 3(2) and Part B of Annex I to Commission Implementing Regulation 543/2011], and “specific marketing standard” means one of those specific marketing standards;

“stop notice label” has the meaning given in regulation 13.

(3) Unless otherwise provided in this regulation, terms used in these Regulations have the same meaning as they have in Council Regulation 1234/2007 and [F6 Commission Implementing Regulation 543/2011].

Textual Amendments

F1 Words in reg. 2(1) substituted (1.12.2011) by The Marketing of Fresh Horticultural Produce (Amendment) Regulations 2011 (S.I. 2011/2587), regs. 1(1), 3(a)

F2 Words 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)

F3 Words in reg. 2(2) substituted (1.12.2011) by The Marketing of Fresh Horticultural Produce (Amendment) Regulations 2011 (S.I. 2011/2587), regs. 1(1), 3(b)(i)

F4 Words in reg. 2(2) substituted (1.12.2011) by The Marketing of Fresh Horticultural Produce (Amendment) Regulations 2011 (S.I. 2011/2587), regs. 1(1), 3(b)(ii)

F5 Words in reg. 2(2) substituted (1.12.2011) by The Marketing of Fresh Horticultural Produce (Amendment) Regulations 2011 (S.I. 2011/2587), regs. 1(1), 3(b)(iii)

F6 Words in reg. 2(3) substituted (1.12.2011) by The Marketing of Fresh Horticultural Produce (Amendment) Regulations 2011 (S.I. 2011/2587), regs. 1(1), 3(c)

Marginal Citations

M1 OJ No L 299, 16.11.2007, p 1, last amended by Commission Regulation (EC) No 183/2009 (OJ No L 63, 7.3.2009, p 9).