The Marketing of Fresh Horticultural Produce (Wales) Regulations 2009

Power to affix a re-graded label E+W

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 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 Welsh Assembly Government or the Welsh Assembly Government'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) acting in Wales on behalf of the Welsh Ministers ”

or equivalent wording agreed by any successor to the Rural Payments Agency with the Welsh Ministers, and that successor's logotype;

(i)

the wording— “ It is an offence under the Marketing of Fresh Horticultural Produce (Wales) 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

F1 Words in reg. 9(1) substituted (31.12.2020) by The Food (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2019 (S.I. 2019/732), regs. 1(2), 2(3)(e); 2020 c. 1, Sch. 5 para. 1(1)