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(1)Except in such circumstances as are mentioned in subsection (2) below, a person shall not sell any fresh horticultural produce of a description in relation to which grades of quality are designated and defined under section 11(1) above (in this Part of this Act referred to as “regulated produce”) unless the produce falls within a prescribed grade and is packed in a container to which is affixed a label in the form prescribed for that or any lower grade or, if not packed in a container, has affixed to it such a label.
(2)The circumstances referred to in subsection (1) above are as follows:—
(a)a sale of the produce by retail;
(b)a sale where the produce is to be transported to a country outside the United Kingdom by, or to the order of, the buyer;
(c)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;
(d)a direct sale by the producer of any produce to a person who undertakes—
(i)that before any sale by him of any of the produce, not being a sale such as is mentioned in paragraph (b) or (c) above, the produce will be sorted into the prescribed grades and produce the quality of which is inferior to that required for the lowest prescribed grade will be separated from other produce, and
(ii)that on any sale by him of any of the produce falling within a prescribed grade, not being a sale such as is mentioned in paragraph (b) or (c) above, the produce will be packed in a container to which is affixed a label in the form prescribed for that or any lower grade or, if not packed in a container, will have affixed to it such a label; or
(e)a direct sale by the producer of any produce where the produce is, or is to be, delivered at premises, or at any stall or vehicle, from which it is to be sold by retail.
(3)The Ministers may if they think fit by order provide that subsection (2) above shall have effect, in relation to such sales as are described in the order, as if paragraph (e) were omitted; and an order made under this subsection may be varied or revoked by a subsequent order made by the Ministers.
(4)In this section “direct sale” means a sale where negotiations on behalf of the vendor are not conducted by any agent other than a person employed by him under a contract of service.
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