Horticulture Act (Northern Ireland) 1966 (c. 15)

PART I N.I. FRESH HORTICULTURAL PRODUCE

N.I. Packing and transport of produce

7 Power to require use of prescribed packages, etc. N.I.

(1) With a view to reducing the risk of deterioration of or damage to produce while in transit or promoting efficiency in the transport and handling of produce, the Ministry may make regulations imposing a duty on any person consigning fresh horticultural produce in circumstances other than the circumstances mentioned in subsection (3) to secure that such packages, pallets and other articles as may be prescribed by the regulations are used for the transport of the produce.

(2) The Ministry may make regulations directing that fresh horticultural produce of any description shall not be—

(a) sold; or

(b) offered or exposed for sale;

in packages, in circumstances other than the circumstances mentioned in subsection (3), except subject to such conditions as may be prescribed with respect to—

(i) the types, sizes, capacity and specifications of the packages;

(ii) the quantity of produce which may be, or is required to be, packed therein;

(iii) the manner in which the produce is to be packed, and the types and specifications of any packing material.

(3) The circumstances referred to in subsections (1) and (2) are, respectively,—

(a) the consigning of the produce for delivery after—

(i) a sale by retail; or

(ii) a sale where the produce is to be used by the buyer in manufacturing or producing any commodity for sale or other disposal by him; and

(b) the sale or the offering or exposing for sale of the produce in such a case as is mentioned in sub-paragraph (i) or (ii) of paragraph ( a).

F1 [(c) the sale or offering for sale of produce subject to Community grading rules.]

(4) If any person contravenes a regulation made under this section he shall be guilty of an offence.

F1 SRO (NI) 1973/19

8 Provisions as to sale of produce in packages. N.I.

(1) All fresh horticultural produce sold or offered or exposed for sale, by wholesale or retail, in a package shall be packed in such a manner that any of the produce which is exposed to view, or which would be exposed to view if the package were opened in the ordinary manner, fairly represents in size, maturity, condition and variety the entire contents of the package.

(2) Any person who, in such a manner as to contravene this section, either sells any fresh horticultural produce or offers or exposes any such produce for sale shall be guilty of an offence.