The Marketing of Fresh Horticulture Produce Regulations (Northern Ireland) 2010

[F1 Marketing rules offences ] N.I.

15.—(1) A person is guilty of an offence if they display, offer for sale, deliver or market in any other manner, horticultural produce in contravention of or which is not compliant with—

(a) the general marketing standard, if applicable; or

(b) any specific marketing standard applying to that horticultural produce.

(2) Paragraph (1) does not apply in the circumstances mentioned in regulation 16.

(3) A person is guilty of an offence if they fail to comply with any provision of [F2 Commission Implementing Regulation 543/2011] mentioned in column 1 of Schedule 2, as read with any provision mentioned in any corresponding entry in column 2 of that Schedule.

(4) Where—

(a) an authorised officer has inspected horticultural produce and found it not to be compliant with F3 ...marketing rules; and

(b) the person in charge of that horticultural produce has given an undertaking, or has been responsible for the giving of an undertaking in relation to that horticultural produce,

it is an offence for that person to act in breach of the undertaking or to cause or permit their agent or employee to act in breach of the undertaking.

(5) A person is guilty of an offence if, in purporting to provide the information particulars required by F3 ...marketing rules for horticultural produce, they give an inaccurate or false description of that horticultural produce on a label affixed to, or in a notice or document accompanying, that horticultural produce.

(6) A person, other than an authorised officer, is guilty of an offence if they affix, or cause or permit to be affixed, a non compliance label to any container of horticultural produce, or to the horticultural produce itself, or to any notice or document which is required by F3 ...marketing rules to accompany that horticultural produce.

(7) A person, other than an authorised officer, is guilty of an offence if they remove, conceal, deface or alter, or cause or permit to be removed, concealed, defaced or altered—

(a) any notice or document which is required by F3 ...marketing rules to accompany horticultural produce or any label which is required by F3 ...marketing rules to be affixed to that horticultural produce or to its container;

(b) a non compliance label which has been applied by an authorised officer in the execution of these Regulations to the horticultural produce or to its container;

(c) any demarcation tape or other material used by an authorised officer in accordance with regulation 5(1)(f) to identify horticultural produce or a specific lot of horticultural produce which is found not to be compliant with F3 ... marketing rules.

(8) A person is guilty of an offence if they export or import any consignment of horticultural produce to or from any place outside the European F3 ...without a document, label or notice required by F3 ...marketing rules to accompany that horticultural produce.

Textual Amendments

F1 Words in reg. 15 heading substituted (31.12.2020) by The Agriculture, Environment and Rural Affairs (Amendment) (Northern Ireland) (EU Exit) Regulations 2019 (S.I. 2019/1101), regs. 1(2)(b), 10(11)(a); 2020 c. 1, Sch. 5 para. 1(1)

F2 Words in reg. 15(3) substituted (27.8.2012) by The Marketing of Fresh Horticulture Produce (Amendment) Regulations (Northern Ireland) 2012 (S.R. 2012/299), regs. 1, 7

F3 Word in reg. 15 omitted (31.12.2020) by virtue of The Agriculture, Environment and Rural Affairs (Amendment) (Northern Ireland) (EU Exit) Regulations 2019 (S.I. 2019/1101), regs. 1(2)(b), 10(11)(b); 2020 c. 1, Sch. 5 para. 1(1)

Commencement Information

I1 Reg. 15 in operation at 25.6.2010, see reg. 1(1)