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There are currently no known outstanding effects for the The Marketing of Fresh Horticultural Produce Regulations 2009, Section 9.
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9.—(1) Where an authorised officer, who has lawfully entered premises for the purposes of the enforcement of these Regulations, finds horticultural produce subject to a specific marketing standard which has affixed to it a label or is accompanied by a notice or a document required by F1...[F2 marketing rules], or is in a container to which such a label is affixed or which is accompanied by such a notice or document—
(a)indicating in either case that that horticultural produce is of a particular class under the relevant specific marketing standard, but
(b)which the authorised officer has reasonable cause to believe to be of an inferior class under that specific marketing standard,
the authorised officer may amend or cancel the label, notice or document and may affix to the horticultural produce, or, as the case may be, to the notice or container, a label indicating that fact (a “re-graded label”).
(2) The re-graded label is a label which—
(a)shows the following information—
(i)the personal number assigned to the authorised officer who carried out the inspection;
(ii)the date of the inspection;
(iii)the logotype of the Department for Environment, Food and Rural Affairs (Defra) the design of which is displayed on the website: www.defra.gov.uk or the logotype of Defra's successor;
(iv)the logotype of the Rural Payments Agency the design of which is displayed on the website: www.rpa.gov.uk/rpa/index.nsf/home and the wording—
“The Rural Payments Agency is an Executive Agency of the Department for Environment, Food and Rural Affairs (Defra)”
or equivalent wording agreed by any successor to the Rural Payments Agency with the Secretary of State, and that successor's logotype;
(v)the wording—
“It is an offence under the Marketing of Fresh Horticultural Produce Regulations 2009 to remove, conceal, deface or alter this label without lawful authority”;
(b)shows one of the following, as appropriate—
(i)the words “RE-GRADED CLASS I”; or
(ii)the words “RE-GRADED CLASS II”.
Textual Amendments
F1Word in reg. 9(1) omitted (31.12.2020) by virtue of The Market Measures (Miscellaneous Provisions) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/824), regs. 1, 5(8); 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)
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