1.The conformity checks provided for in this Chapter, with the exception of those at the point of retail sale to the end consumer, shall be carried out in accordance with the methods of inspection laid down in Annex V, save as otherwise provided in this Regulation.
[F1The appropriate authorities] shall lay down specific arrangements for checking conformity at the point of retail sale to the end consumer.
2.Where inspectors find that the goods conform with the marketing standards, the inspection body may issue a certificate of conformity as set out in Annex III.
3.Where the goods do not conform with the standards, the inspection body shall issue a finding of non-conformity for the attention of the trader or their representatives. Goods for which a finding of non-conformity has been issued may not be moved without the authorisation of the inspection body which issued that finding. That authorisation can be subject to the respect of conditions laid down by the inspection body.
Traders may decide to bring all or some of the goods into conformity. Goods brought into conformity may not be marketed before the competent inspection body has ensured by all appropriate means that the goods have actually been brought into conformity. The competent inspection body shall issue, where applicable, a certificate of conformity as set out in Annex III for the lot or part thereof only after the goods have been brought into conformity.
If an inspection body accepts a trader’s wish to bring the goods into conformity in a [F2constituent nation] other than that where the check leading to a finding of non-conformity has been carried out, the trader shall notify the competent inspection body of the destination [F2constituent nation] of the non-conforming lot. The [F3inspection body] issuing the finding of non-conformity shall send a copy of that finding to the other [F4inspection bodies] concerned including the [F5competent inspection body of the constituent nation] of destination of the non-conforming lot.
Where the goods can neither be brought into conformity nor sent to animal feed, industrial processing or any other non-food use, the inspection body may, if necessary, request traders to take adequate measures in order to ensure that the products concerned are not marketed.
Traders shall supply all information deemed necessary by [F6the appropriate authorities] for the application of this paragraph.
Textual Amendments
F1Words in Art. 17(1) substituted (31.12.2020) by The Market Measures (Marketing Standards) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/822), regs. 1, 8(37); 2020 c. 1, Sch. 5 para. 1(1)
F2Words in Art. 17(3) substituted (31.12.2020) by The Market Measures (Marketing Standards) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/822), regs. 1, 8(38)(a)(i); 2020 c. 1, Sch. 5 para. 1(1)
F3Words in Art. 17(3) substituted (31.12.2020) by The Market Measures (Marketing Standards) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/822), regs. 1, 8(38)(a)(ii); 2020 c. 1, Sch. 5 para. 1(1)
F4Words in Art. 17(3) substituted (31.12.2020) by The Market Measures (Marketing Standards) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/822), regs. 1, 8(38)(a)(iii); 2020 c. 1, Sch. 5 para. 1(1)
F5Words in Art. 17(3) substituted (31.12.2020) by The Market Measures (Marketing Standards) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/822), regs. 1, 8(38)(a)(iv); 2020 c. 1, Sch. 5 para. 1(1)
F6Words in Art. 17(3) substituted (31.12.2020) by The Market Measures (Marketing Standards) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/822), regs. 1, 8(38)(b); 2020 c. 1, Sch. 5 para. 1(1)