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The Marketing of Fresh Horticultural Produce Regulations 2009

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Derogation from specific marketing standards

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5.  Horticultural produce to which a specific marketing standard applies is not required to comply(1) 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.

(1)

Regulation 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)).

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