The Olive Oil (Marketing Standards) Regulations 2003

Explanatory Note

(This note is not part of the Regulations)

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.