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4. (1) A person shall be guilty of an offence if he—
(a)sells, at the retail stage or otherwise, any oil in contravention of Article 4.1 of Regulation 865/2004 (which provides that certain trade descriptions and definitions of oil shall, in relation to the marketing of oil, be compulsory) as read with the Annex to that Regulation and with Regulation 2568/91;
(b)sells any oil other than relevant oil in contravention of Article 4.2 of Regulation 865/2004 (which provides that only oil satisfying certain descriptions shall be marketed at the retail stage) as read with the Annex to that Regulation and with Regulation 2568/91;
(c)sells relevant oil in packaging which in contravention of Article 2 of Regulation 1019/2002 (which sets out rules for packaging oil)—
(i)exceeds a maximum capacity of five litres; or
(ii)is fitted with an opening system which can be sealed after the first time it is opened; or
(d)sells any relevant oil in contravention of Article 3 of Regulation 1019/2002 (which requires that the labelling of such oil shall bear information on the category of oil, in addition to the trade description).
(2) For the purposes of regulation 4(1)(a) and (b), “oil” means any of the descriptions of olive oils and olive-pomace oils referred to in Article 35 of Regulation 136/66 and described in the Annex to that Regulation as read with Regulation 2568/91.
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