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The Marketing of Fresh Horticulture Produce (Amendment) Regulations (Northern Ireland) 2012

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Title and commencement

1.  These Regulations may be cited as the Marketing of Fresh Horticulture Produce (Amendment) Regulations (Northern Ireland) 2012 and shall come into operation on 27th August 2012.

Amendment of the Marketing of Fresh Horticulture Produce Regulations (Northern Ireland) 2010

2.  The Marketing of Fresh Horticulture Produce Regulations (Northern Ireland) 2010(1) are amended in accordance with regulations 3 to 13.

3.  In regulation 2 (Interpretation)—

(a)in paragraph (1)—

(i)for the definition of “Commission Regulation 1580/2007” substitute—

“Commission Implementing Regulation 543/2011” means Commission Implementing Regulation (EU) No 543/2011 laying down detailed rules for the application of Council Regulation (EC) No 1234/2007 in respect of the fruit and vegetables and processed fruit and vegetables sectors(2), as amended from time to time;;

(ii)for the definition of “Community marketing rules” substitute—

“Community marketing rules” means the general marketing standard and the specific marketing standards covering fresh fruit and vegetables listed in Part IX of Annex I to Council Regulation 1234/2007, and includes the rules relating to those standards contained in Articles 113 and 113a of that Council Regulation and in Title II of Commission Implementing Regulation 543/2011;;

(iii)for the definition of “general marketing standard” substitute—

“general marketing standard” means the requirements of Article 113a(1) of Council Regulation 1234/2007 as detailed in Article 3(1) of, and Part A of Annex I to, Commission Implementing Regulation 543/2011; and

(iv)for the definition of “specific marketing standards” substitute—

“specific marketing standards” means the marketing standards provided for under Article 113(1)(b) of Council Regulation 1234/2007 as detailed in Article 3(2) of, and Part B of Annex I to, Commission Implementing Regulation 543/2011;; and

(b)in paragraph (2), for “Commission Regulation 1580/2007” substitute “Commission Implementing Regulation 543/2011”.

4.  In regulation 3(1) (Designations, provisions of information and appointment of authorised officers) for “Article 8(1)(b) of Commission Regulation 1580/2007” substitute “Article 9(1)(b) of Commission Implementing Regulation 543/2011”.

5.  For regulation 10(3) (Authorised officer: powers to control the movement of horticultural produce) substitute—

(3) Any notice served under paragraph (1) shall state—

(a)the right of review under regulation 11; and

(b)how it may be exercised..

6.  For regulation 13(6) (Authorised officer: consents to the movement of controlled horticultural produce) substitute—

(6) A consent given by an authorised officer under this regulation must—

(a)specify the horticultural produce to which it relates;

(b)include the terms of any undertaking given under paragraph (3) or (5); and

(c)where the consent is given under paragraph (4), state that the horticultural produce continues to be controlled..

7.  In regulation 15(3) (Community marketing rules offences), for “Commission Regulation 1580/2007” substitute “Commission Implementing Regulation 543/2011”.

8.  After regulation 15 insert—

Provision of information – trader database

15A.(1) A trader must provide to the Department such information as the Department considers necessary to set up and update the database established for the purpose of Article 10 of Commission Implementing Regulation 543/2011.

(2) A person is guilty of an offence if they fail to provide any information required by the Department in accordance with paragraph (1).

Provision of information – conformity checks

15B.(1) A trader must provide to an authorised officer such information as that officer considers necessary—

(a)for organising and carrying out a conformity check in accordance with Article 11 of Commission Implementing Regulation 543/2011; or

(b)for the purposes of Article 17 of Commission Implementing Regulation 543/2011.

(2) A person is guilty of an offence if they fail to provide any information required by an authorised officer in accordance with paragraph (1)..

9.  In regulation 17 (Offences relating to movement of controlled horticultural produce)—

(a)for paragraph (1) substitute—

(1) A person is guilty of an offence if they move controlled horticultural produce, or a container with controlled horticultural produce in it, or causes or permits it to be moved—

(a)without the written consent; or

(b)other than in accordance with the written consent,

of an authorised officer given under regulation 13(1).; and

(b)omit paragraph (3).

10.  In regulation 18(1) (Obstruction)—

(a)in sub-paragraph (a) omit “intentionally”;

(b)for sub-paragraph (b) substitute—

(b)fail without reasonable excuse to give an authorised officer acting for the purpose of the enforcement of these Regulations any assistance or information or to provide any record or facilities that the authorised officer may reasonably require; ; and

(c)in sub-paragraph (d), for “without reasonable excuse, proof of which shall lie on that person, supply” substitute “supply”.

11.  For regulation 19(2) (Offence due to fault of another person) substitute—

(2) Proceedings may be taken against B whether or not proceedings are taken against A . .

12.  For regulation 21 (Offences by bodies corporate) substitute—

Offences by bodies corporate

21.(1) Where—

(a)an offence under these Regulations has been committed by a body corporate or a partnership or other unincorporated association;

(b)it is proved that the offence was committed with the consent or connivance of, or was attributable to any neglect on the part of—

(i)a relevant individual; or

(ii)an individual purporting to act in the capacity of a relevant individual,

the individual as well as the body corporate, partnership or unincorporated association is guilty of the offence and is liable to be proceeded against and punished accordingly.

(2) In paragraph (1), “relevant individual” means—

(a)in relation to a body corporate—

(i)a director, manager, secretary or other similar officer of the body;

(ii)where the affairs of the body are managed by its members, a member;

(b)in relation to a partnership, a partner;

(c)in relation to an unincorporated association other than a partnership, a person who is concerned in the management or control of the association..

13.  For Schedule 2 (Provisions under Commission Regulation 1580/2007) substitute—

Regulation 15(3)

SCHEDULE 2Provisions of Commission Implementing Regulation 543/2011

Column 1

Relevant provision of

Commission

Implementing Regulation

543/2011

Column 2

Provision of Commission

Implementing Regulation

543/2011 to be read with the provision in column 1

Column 3

Subject matter

Article 5(1)Annex I, Art. 4(3), Art. 5(2) to (4), Art. 6, Art. 7

General requirements for information particulars

Article 5(2)Annex I, Art. 5(1), (3) and (4), Art. 7

Requirements for information particulars in documents accompanying bulk shipments and goods loaded directly onto a means of transport

Article 5(3)Annex I, Art. 5(1) and (4), Art. 7

Requirement for information particulars in the case of distance contracts to be available before the purchase is concluded

Article 5(4)Annex I, Art. 5(1) to (3), Art. 7

Requirement for information particulars on invoices and accompanying documents

Article 6Annex I, Art. 4(3), Art. 7

Requirement for information particulars at the retail stage

Article 7(1)Annex I, Art. 4(3), Art. 6, Art. 7(2) and (3)Requirements for sale of mixes of different types of fruit and vegetables.

Sealed with the Official Seal of the Department of Agriculture and Rural Development on 20th July 2012

Legal seal

Keith Morrison

A senior officer of the

Department of Agriculture and Rural Development

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