Commission Implementing Regulation (EU) No 543/2011 of 7 June 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 (c. 543)

Commission Implementing Regulation (EU) No 543/2011

of 7 June 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

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Council Regulation (EC) No 1234/2007 of 22 October 2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation)(1), and in particular the second subparagraph of Article 3, Articles 103h, 121(a), 127, 134, 143(b), 148, 179, 192(2), 194 and 203a(8) in conjunction with Article 4 thereof,

Whereas:

(1) Regulation (EC) No 1234/2007 establishes a common organisation of agricultural markets which includes the fruit and vegetables and processed fruit and vegetables sectors.

(2) The implementing rules covering the fruit and vegetables and processed fruit and vegetables sectors are laid down in Commission Regulation (EC) No 1580/2007 of 21 December 2007 laying down implementing rules of Council Regulations (EC) No 2200/96, (EC) No 2201/96 and (EC) No 1182/2007 in the fruit and vegetable sector(2). That Regulation has been amended several times. In the interests of clarity, it is appropriate to incorporate all the implementing rules in a new Regulation, together with the amendments necessary in the light of experience, and to repeal Regulation (EC) No 1580/2007.

(3) Marketing years should be set for products of the fruit and vegetables and the processed fruit and vegetables sectors. Since there are no longer any aid schemes in the sectors which follow the harvesting cycle of the products concerned, all marketing years may be harmonised to fit the calendar year.

(4) Article 113(1)(b) and (c) of Regulation (EC) No 1234/2007 authorises the Commission to provide for marketing standards for fruit and vegetables and processed fruit and vegetables, respectively. Pursuant to Article 113a(1) of that Regulation, fruit and vegetables which are intended to be sold fresh to the consumer, may only be marketed if they are of sound, fair and marketable quality and if the country of origin is indicated. To harmonise the implementation of that provision, it is appropriate to set out details of and provide for a general marketing standard for all fresh fruit and vegetables.

(5) Specific marketing standards should be adopted for those products for which it seems necessary to adopt a standard based on an assessment of its relevance, taking into account, in particular, which products are most traded in value terms on the basis of the figures held in the European Commission’s reference database on international trade, Comext.

(6) In order to avoid unnecessary barriers to trade, where specific marketing standards are to be laid down for individual products, these standards should be those as set out in the standards adopted by the United Nations Economic Commission for Europe (UNECE). Where no specific marketing standard has been adopted at Union level, products should be considered as conforming to the general marketing standard where the holder is able to show that the products are in conformity with any applicable UNECE standard.

(7) Exceptions and exemptions from the application of marketing standards should be provided for in the case of certain operations which are either very marginal and/or specific, or take place at the start of the distribution chain, or in the case of dried fruit and vegetables and products intended for processing. Since some products will naturally develop and have a tendency to perish, they should be permitted to show a slight lack of freshness and turgidity, provided they are not in ‘Extra’ Class. Certain products which are normally not intact when sold should be exempted from the general marketing standard which would otherwise require this.

(8) The information particulars required by marketing standards should be clearly displayed on the packaging and/or label. To avoid fraud and cases of misleading consumers, the information particulars required by the standards should be available to consumers before purchase, especially in case of distance selling, where experience has shown the risks of fraud and avoidance of the consumer protection offered by the standards.

(9) Packages containing different species of fruit and vegetables are becoming more common on the market in response to demand from certain consumers. Fair trading requires that fruit and vegetables sold in the same package are of uniform quality. For products for which Union standards have not been adopted this can be ensured by recourse to general provisions. Labelling requirements should be laid down for mixes of different species of fruit and vegetables in the same package. They should be less strict than those laid down by the marketing standards in order to take into account, in particular, the space available on the label.

(10) In order to ensure that checks may be properly and effectively carried out, invoices and accompanying documents, other than those for consumers, should contain certain basic information included in the marketing standards.

(11) For the purposes of the selective checks, based on risk analysis, as provided for in Article 113a(4) of Regulation (EC) No 1234/2007 it is necessary to lay down detailed rules on such checks. In particular, the role of the risk assessment when selecting products for checks should be underlined.

(12) Each Member State should designate the inspection bodies responsible for carrying out conformity checks at each stage of marketing. One of those bodies should be responsible for contacts with and coordination between all other designated bodies.

(13) Since knowledge of traders and their main characteristics is an indispensable tool in Member States’ analysis, it is essential to set up a database on traders of fruit and vegetables in each Member State. In order to ensure that all actors in the marketing chain are covered and for the sake of legal certainty, a detailed definition of ‘trader’ should be adopted.

(14) Conformity checks should be carried out by sampling and should concentrate on traders most likely to have goods which do not comply with the standards. Taking into account the characteristics of their national markets, Member States should lay down rules prioritising checks on particular categories of traders. For the sake of transparency, those rules should be notified to the Commission.

(15) Member States should ensure that exports of fruits and vegetables to third countries conform to the marketing standards and should certify conformity, in accordance with the Geneva Protocol on standardisation of fresh fruit and vegetables and dry and dried fruit concluded within the UNECE and the Organisation for Economic Co-operation and Development (OECD) Scheme for the application of international standards for fruit and vegetables.

(16) Imports of fruit and vegetables from third countries should conform to the marketing standards or to standards equivalent to them. Conformity checks must therefore be carried out before those goods enter the customs territory of the Union, except in the case of small lots which the inspection bodies consider to be low risk. In certain third countries which provide satisfactory guarantees of conformity, pre-export checks may be carried out by the inspection bodies of those third countries. Where this option is applied, Member States should regularly verify the effectiveness and quality of the pre-export checks carried out by third country inspection bodies.

(17) Fruit and vegetables intended for processing are not required to conform to marketing standards, so it should be ensured that they are not sold on the market for fresh products. Such products should be appropriately labelled.

(18) Fruit and vegetables checked for conformity with the marketing standards should be subject to the same type of check at all stages of marketing. To this end, the inspection guidelines recommended by the UNECE in line with the relevant OECD recommendations, should be applied. Specific arrangements should, however, be laid down for checks at the retail sale stage.

(19) Provisions for the recognition of producer organisations for the products they request should be laid down. Where the recognition is requested for products intended solely for processing, it should be ensured that they are indeed delivered for processing.

(20) In order to help achieve the goals of the fruit and vegetables regime and to ensure that producer organisations carry out their work in a sustainable and effective way, there should be the utmost stability within producer organisations. Membership of a producer in the producer organisation should therefore be for a minimum period. It should be left up to Member States to lay down the notice periods and the dates on which resignation from membership are to take effect.

(21) The main and essential activities of a producer organisation should relate to the concentration of supply and marketing. However, producer organisations should be allowed to engage in other activities, whether or not of a commercial nature.

(22) Cooperation between producer organisations should be encouraged by allowing the marketing of fruit and vegetables bought exclusively from another recognised producer organisation to be left out of the calculations both for the purposes of the main activity and for other activities. Where a producer organisa·tion is recognised for a product for which the provision of technical means is required, it should be allowed to provide those means through its members, through subsidiaries or by outsourcing.

(23) Producer organisations may hold shares in subsidiaries which help to increase the added value of the production of their members. Rules should be fixed for calculating the value of such marketed production. The main activities of such subsidiaries should be the same as those of the producer organisation, after allowing for a transitional period for adaptation.

(24) Detailed rules should be laid down on the recognition and functioning of the associations of producer organisations, transnational producer organisations and transnational associations of producer organisations provided for in Regulation (EC) No 1234/2007. For the sake of consistency, they should, as far as possible, reflect the rules laid down for producer organisations.

(25) In order to facilitate the concentration of supply, the merger of existing producer organisations to form new ones should be encouraged by providing rules for the merger of operational programmes of the merged organisations.

(26) While respecting the principles whereby a producer organisation must be formed on the own initiative of producers and scrutinised by the producers, it should be left up to Member States to lay down the conditions whereby other natural or legal persons are accepted as members of a producer organisation and/or an association of producer organisations.

(27) In order to ensure that producer organisations genuinely represent a minimum number of producers, Member States should take measures to ensure that a minority of members who may account for the bulk of production in the producer organisation do not unduly dominate its management and operation.

(28) In order to take account of different production and marketing circumstances in the Union, Member States should lay down certain conditions for the granting of preliminary recognition to producer groups which submit a recognition plan.

(29) To promote the setting-up of stable producer organisations capable of making a lasting contribution to the attainment of the objectives of the fruit and vegetables regime, preliminary recognition should be granted only to producer groups which can demonstrate their ability to meet all the requirements for recognition within a specified time limit.

(30) Provisions on information which the producer groups must provide in the recognition plan should be laid down. To enable producer groups to better meet the recognition conditions, changes to recognition plans should be authorised. To that end, provisions should be laid down enabling Member States to request from producer groups to take corrective action to ensure that their plan is implemented.

(31) The producer group may satisfy the conditions for recognition before the recognition plan is completed. Provision should be made to allow such groups to submit applications for recognition along with draft operational programmes. For the sake of consistency, the granting of such recognition to a producer group must signify the termination of its recognition plan, and the aid provided for should be discontinued. However, to take account of the multiannual financing of investments, investments qualifying for investment aid should be able to be carried over to operational programmes.

(32) To facilitate the correct application of the system of aid to cover the costs of formation and administrative operation of producer groups, that aid should be granted at a flat rate. That flat-rate aid should be subject to a ceiling in order to comply with budgetary constraints. Moreover, taking into account the differing financial needs of producer groups of different sizes, that ceiling should be adjusted in line with the value of marketable production of the producer groups.

(33) For the sake of consistency and a smooth transition to the status of a recognised producer group, the same rules on main activities of producer organisations and their value of marketed production should apply to producer groups.

(34) In order to take into account the financial needs of the new producers groups and to ensure the correct application of the aid scheme in the event of mergers, the possibility should be given for the aid to be granted to the producer groups resulting from the merger.

(35) To facilitate the use of the scheme of support to operational programmes, the marketed production of producer organisations should be clearly defined, including the specification of which products may be taken into account and the marketing stage at which the value of production is to be calculated. For control purposes and for the sake of simplification, it is appropriate to use a flat rate for the purposes of calculating the value of fruit and vegetables intended for processing, representing the value of the basic product, namely fruit and vegetables intended for processing, and activities which do not amount to genuine processing activities. Since the volumes of fruit and vegetables needed for the production of processed fruit and vegetables differ largely between groups of products, those differences should be reflected in the applicable flat rates. In the case of fruit and vegetables intended for processing that are transformed into processed aromatic herbs and paprika powder, it is also appropriate to introduce a flat rate for the purposes of calculating the value of fruit and vegetables intended for processing, representing only the value of the basic product. Additional methods of calculation of marketable production should also be made possible in case of yearly fluctuations or insufficient data. To prevent misuse of the scheme, producer organisations should not in general be permitted to change the methodology for fixing reference periods within the duration of a programme.

(36) In order to ensure the smooth transition to the new system for the calculation of the value of the marketed production for fruit and vegetables intended for processing, operational programmes approved by 20 January 2010 should not be affected by the new calculation method, without prejudice to the possibility to amend those operational programmes in accordance with Articles 65 and 66 of Regulation (EC) No 1580/2007. For the same reason, the value of the marketed production for the reference period of operational programmes approved after that date should be calculated under the new rules.

(37) To ensure the correct use of aid, rules should be laid down for the management of operational funds and members’ financial contributions, allowing for as much flexibility as possible on condition that all producers may take advantage of the operational fund and may democratically participate in decisions on its use.

(38) Provisions should be laid down establishing the scope and structure of the national strategy for sustainable operational programmes and the national framework for environmental actions. The aim shall be to optimise the allocation of financial resources and to improve the quality of the strategy.

(39) In order to allow appropriate evaluation of the information by the competent authorities and measures and activities to be included in, or excluded from, the programmes, procedures for the presentation and approval of operational programmes, including deadlines, should be laid down. Since the programmes are managed on an annual basis, it should be provided that programmes not approved before a given date are postponed for a year.

(40) There should be a procedure for the annual amendment of operational programmes for the following year, so that they can be adjusted to take account of any new conditions which could not have been foreseen when they were initially presented. In addition, it should be possible for measures and amounts of the operational fund to be changed during each year of execution of a programme. To ensure that the approved programmes maintain their overall objectives, all such changes should be subject to certain limits and conditions to be defined by Member States and including obligatory notification of changes to the competent authorities.

(41) For reasons of financial security and legal certainty, a list of operations and expenditure which may not be covered by operational programmes should be drawn up.

(42) In the case of investments on individual holdings, so as to prevent the unjustified enrichment of a private party who has severed links with the organisation during the useful life of the investment, provisions should be laid down to allow the organisation to recover the residual value of the investment, whether such an investment is owned by a member or by the organisation.

(43) To ensure the correct application of the aid scheme, information to be included in the applications for aid as well as procedures for the payment of aid should be laid down. To prevent cash-flow difficulties, a system of advance payments accompanied by appropriate securities should be available to producer organisations. For similar reasons, an alternative system should be available for the reimbursement of expenditure already incurred.

(44) The production of fruit and vegetables is unpredictable and the products are perishable. Surplus on the market, even if it is not too great, can significantly disturb the market. Detailed provisions on the scope and application of crisis management and prevention measures in respect of the products referred to in Article 1(1)(i) of Regulation (EC) No 1234/2007 should be laid down. As far as possible, those rules should provide for flexibility and for rapid application in crises and therefore should allow decisions to be taken by Member States and producer organisations themselves. Nevertheless, the rules should prevent abuses and provide for limits on the use of certain measures, including in financial terms. They should also ensure that phytosanitary and environmental requirements are duly respected.

(45) As regards withdrawals from the market, detailed rules should be adopted taking into account the potential importance of that measure. In particular, rules should be drawn up concerning the system of increased support for fruit and vegetables withdrawn from the market which are distributed free of charge as humanitarian aid by charitable organisations and certain other establishments and institutions. In order to facilitate free distribution, it is appropriate to provide for the possibility to allow charitable organisations and institutions to ask a symbolic contribution from the final recipients of the withdrawn products, in case those products have undergone processing. In addition, maximum levels of support for market withdrawals should be fixed in order to ensure that they do not become a permanent alternative outlet for products compared to placing them on the market. In this context, for those products for which maximum levels of Union withdrawal compensation were set in Annex V to Council Regulation (EC) No 2200/96 of 28 October 1996 on the common organization of the market in fruit and vegetables(3), it is appropriate to continue using such levels, subject to a certain degree of increase to reflect the fact that those withdrawals are now co-financed. For other products, where experience has not yet shown any risk of excessive withdrawals, it is appropriate to allow Member States to fix maximum levels of support. In all cases, however, for similar reasons, it is appropriate to set a quantitative limit of withdrawals per product per producer organisation.

(46) Detailed rules should be adopted concerning the national financial assistance which Member States may grant in regions of the Union where the degree of organisation of producers is particularly low, including defining such low degree of organisation. Procedures for the approval of such national aid as well as for the approval and the amount of the reimbursement of the aid by the Union should be provided for, as well as for the proportion of reimbursement. Those procedures should reflect those currently applicable.

(47) Detailed rules, in particular procedural provisions, should be adopted concerning the conditions under which the rules issued by producer organisations or associations of such organisations in the fruit and vegetables sector may be extended to all producers established in a specific economic area. Where produce is sold on the tree, it should be made clear which rules are to be extended to the producers and the buyers, respectively.

(48) In order to monitor the imports of apples and to ensure that a significant increase of imports of apples would not go unnoticed within a relatively short period of time, the system of import licenses for apples falling within Combined Nomenclature code (CN code) 0808 10 80 had been introduced in 2006 as a transitional system. Meanwhile, new and accurate means of monitoring imports of apples have been developed, which are less cumbersome for traders than the current licence system. Therefore, the obligation to present import licences for apples falling within CN code 0808 10 80 should cease to apply within a short period of time.

(49) Detailed rules concerning the entry price system for fruit and vegetables should be adopted. Since most of the perishable fruit and vegetables concerned are supplied on consignment, this creates special difficulties for determining their value. The possible methods for the calculation of the entry price on the basis of which imported products are classified in the Common Customs Tariff should be set. In particular, standard import values should be established on the basis of the weighted average of the average prices for the products and special provision should be made for cases in which no prices are available for products of a given origin. There should be provision for the lodging of a security in certain circumstances to ensure that the system is correctly applied.

(50) Detailed rules concerning the import duty which can be imposed on certain products in addition to that provided for in the Common Customs Tariff should be adopted. The additional duty may be imposed if import volumes of the products concerned exceed trigger levels determined for the product and the period of application. Goods en route to the Union are exempt from additional duty and, therefore, specific provisions for such goods should be adopted.

(51) Provision should be made for appropriate monitoring and evaluation of ongoing programmes and schemes in order to assess their effectiveness and efficiency by both producer organisations and Member States.

(52) Provisions concerning the type, format and means of notifications necessary to implement this Regulation should be laid down. Those provisions should include notifications from producers and producer organisations to the Member States and from the Member States to the Commission, as well as the consequences resulting from late or inaccurate notifications.

(53) Measures should be laid down as regards the checks necessary to ensure the proper application of this Regulation and Regulation (EC) No 1234/2007, and the appropriate sanctions applicable to irregularities found. Those measures should involve both specific checks and sanctions laid down at Union level as well as additional national checks and sanctions. The checks and sanctions should be dissuasive, effective and proportionate. Rules should be provided for resolving cases of obvious error, force majeure and other exceptional circumstances to ensure fair treatment of producers. Rules for artificially created situations should be provided for in order to avoid any benefit being derived from such situations.

(54) Provisions should be laid down to continue the smooth transition from the previous system set out in Regulation (EC) No 2200/96, Council Regulation (EC) No 2201/96 of 28 October 1996 on the common organisation of the markets in processed fruit and vegetable products(4), and Council Regulation (EC) No 2202/96 of 28 October 1996 introducing a Community aid scheme for producers of certain citrus fruits(5) to the new system set out in Council Regulation (EC) No 1182/2007 of 26 September 2007 laying down specific rules as regards the fruit and vegetable sector, amending Directives 2001/112/EC and 2001/113/EC and Regulations (EEC) No 827/68, (EC) No 2200/96, (EC) No 2201/96, (EC) No 2826/2000, (EC) No 1782/2003 and (EC) No 318/2006 and repealing Regulation (EC) No 2202/96(6) and subsequently Regulation (EC) No 1234/2007 and in Regulation (EC) No 1580/2007 and subsequently this Regulation and the implementation of the transitional rules set out in Article 203a of Regulation (EC) No 1234/2007.

(55) In order to limit the effects of the abolition of the system of import licences for apples on trade patterns, Article 134 of Regulation (EC) No 1580/2007 should continue to apply until 31 August 2011.

(56) The Management Committee for the Common Organisation of Agricultural Markets has not delivered an opinion within the time limit set by its Chairman,

HAS ADOPTED THIS REGULATION:

TITLE I U.K. INTRODUCTORY PROVISIONS

Article 1 U.K. Scope and use of terms

1. This Regulation lays down implementing rules for [F1 Regulation (EU) No 1308/2013] as regards the fruit and vegetables and processed fruit and vegetables sectors.

However, Titles II and III of this Regulation shall only apply in respect of products of the fruit and vegetables sector as referred to in [F2 Article 1(2)(i) of Regulation (EU) No 1308/2013] and of such products intended solely for processing.

2. Terms used in [F3 Regulation (EU) No 1308/2013] shall have the same meaning when used in this Regulation unless this Regulation provides otherwise.

[F4 3. In this Regulation, ‘third country’ means any country or territory other than:

(a) the United Kingdom;

(b) the Bailiwick of Jersey;

(c) the Bailiwick of Guernsey;

(d) the Isle of Man.]

[F5 4. In this Regulation, ‘constituent nation’ means England, Wales or Scotland, as the case may be.

5. For the purposes of this Regulation, ‘appropriate authority’ means:

(a) in relation to England, the Secretary of State;

(b) in relation to Wales, the Welsh Ministers;

(c) in relation to Scotland, the Scottish Ministers;

6. But the appropriate authority is the Secretary of State:

(a) in relation to Scotland, if consent is given by the Scottish Ministers.]

Textual Amendments

F1 Words in Art. 1(1) substituted (31.12.2020) by The Market Measures (Marketing Standards) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/822), regs. 1, 8(2)(a); 2020 c. 1, Sch. 5 para. 1(1)

F2 Words in Art. 1(1) substituted (31.12.2020) by The Market Measures (Marketing Standards) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/822), regs. 1, 8(2)(b); 2020 c. 1, Sch. 5 para. 1(1)

F3 Words in Art. 1(2) substituted (31.12.2020) by The Market Measures (Marketing Standards) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/822), regs. 1, 8(3); 2020 c. 1, Sch. 5 para. 1(1)

F4 Art. 1(3) inserted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products and Common Agricultural Policy (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/828), regs. 1, 43; 2020 c. 1, Sch. 5 para. 1(1)

F5 Art. 1(4)-(6) inserted (31.12.2020) by The Market Measures (Marketing Standards) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/822), regs. 1, 8(4) (as amended by S.I. 2020/1453, regs. 1(2)(b), 10(7)); 2020 c. 1, Sch. 5 para. 1(1)

F6 Article 2 U.K. [F6 Marketing years]

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F6 Deleted by Commission Delegated Regulation (EU) 2017/891 of 13 March 2017 supplementing Regulation (EU) No 1308/2013 of the European Parliament and of the Council with regard to the fruit and vegetables and processed fruit and vegetables sectors and supplementing Regulation (EU) No 1306/2013 of the European Parliament and of the Council with regard to penalties to be applied in those sectors and amending Commission Implementing Regulation (EU) No 543/2011.

TITLE II U.K. CLASSIFICATION OF PRODUCTS

CHAPTER I U.K. General rules

Article 3 U.K. Marketing standards; holders

1. The requirements of [F7 Article 76(1) of Regulation (EU) No 1308/2013] shall be the general marketing standard. The details of the general marketing standard are set out in Part A of Annex I to this Regulation.

Fruit and vegetables not covered by a specific marketing standard shall conform to the general marketing standard. However, where the holder is able to show that the products are in conformity with any applicable standards adopted by the United Nations Economic Commission for Europe (UNECE), they shall be considered as conforming to the general marketing standard.

2. The specific marketing standards F8 ... are set out in Part B of Annex I to this Regulation as regards the following products:

(a) apples,

(b) citrus fruit,

(c) kiwifruit,

(d) lettuces, curled leaved and broad-leaved endives,

(e) peaches and nectarines,

(f) pears,

(g) strawberries,

(h) sweet peppers,

(i) table grapes,

(j) tomatoes.

3. For the purposes of [F9 Article 76(3) of Regulation (EU) No 1308/2013], ‘holder’ means any natural or legal person who is in physical possession of the products concerned.

Textual Amendments

F7 Words in Art. 3(1) substituted (31.12.2020) by The Market Measures (Marketing Standards) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/822), regs. 1, 8(5); 2020 c. 1, Sch. 5 para. 1(1)

F8 Words in Art. 3(2) omitted (E.) (1.12.2022) by virtue of The Common Organisation of the Markets in Agricultural Products (Amendment) Regulations 2022 (S.I. 2022/1150), regs. 1(2), 7(2); omitted (W.) (14.12.2022) by virtue of The Common Organisation of the Markets in Agricultural Products (Amendment) (Wales) Regulations 2022 (S.I. 2022/1215), regs. 1(2), 4(2); and omitted (S.) (2.2.2023) by virtue of The Agriculture (Retained EU Law and Data) (Scotland) Act 2020 (Consequential Modifications) and Agricultural Products, Aquatic Animal Health and Genetically Modified Organisms (EU Exit) (Amendment) Regulations 2022 (S.S.I. 2022/361), regs. 1, 5(2)

F9 Words in Art. 3(3) substituted (31.12.2020) by The Market Measures (Marketing Standards) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/822), regs. 1, 8(7); 2020 c. 1, Sch. 5 para. 1(1)

Article 4 U.K. Exceptions and exemptions from the application of marketing standards

1. By way of derogation from [F10 Article 76(3) of Regulation (EU) No 1308/2013], the following products shall not be required to conform to the marketing standards:

(a) provided they are clearly marked with the words ‘intended for processing’ or ‘for animal feed’ or any other equivalent wording, products:

(i)

intended for industrial processing, or

(ii)

intended for animal feed or other non-food use;

(b) products transferred by the producer on his holding to consumers for their personal use;

[F11 (c) products recognised in a Commission Decision [F12 issued before IP completion day] at the request of [F13 Great Britain or a member State] as products of a given region which are sold by the retail trade of that region or, in exceptional and duly justified cases, of [F14 the requesting country], in case of well established traditional local consumption;]

(d) products having undergone a trimming or cutting making them ‘ready to eat’ or ‘kitchen ready’.

(e) products marketed as edible sprouts, following germination of seeds of plants classified as fruit and vegetables under [F15 Article 1(2)(i) and Part IX of Annex I to Regulation (EU) No 1308/2013].

2. By way of derogation from [F10 Article 76(3) of Regulation (EU) No 1308/2013], the following products shall not be required to conform to the marketing standards within a given production area:

(a) products sold or delivered by the grower to preparation and packaging stations or storage facilities, or shipped from his holding to such stations; and

(b) products shipped from storage facilities to preparation and packaging stations.

3. By way of derogation from [F10 Article 76(3) of Regulation (EU) No 1308/2013], [F16 nothing in this Regulation prevents the appropriate authorities from exempting] from the specific marketing standards products presented for retail sale to consumers for their personal use and labelled ‘product intended for processing’ or with any other equivalent wording and intended for processing other than those referred to in paragraph 1(a)(i) of this Article.

4. By way of derogation from [F10 Article 76(3) of Regulation (EU) No 1308/2013], [F17 nothing in this Regulation prevents the appropriate authorities from exempting] from the marketing standards products directly sold by the producer to the final consumer for personal use on markets reserved only for producers within a given production area defined by [F18 the appropriate authorities].

5. By way of derogation from [F10 Article 76(3) of Regulation (EU) No 1308/2013] as regards the specific marketing standards, fruit and vegetables other than the ‘Extra’ Class, at stages following dispatch, may show a slight lack of freshness and turgidity and slight deterioration due to their development and their tendency to perish.

6. By way of derogation from [F10 Article 76(3) of Regulation (EU) No 1308/2013], the following products shall not be required to conform to the general marketing standard:

(a) non-cultivated mushrooms of CN code 0709 59,

(b) capers of CN code 0709 90 40,

(c) bitter almonds of CN code 0802 11 10,

(d) shelled almonds of CN code 0802 12,

(e) shelled hazelnuts of CN code 0802 22,

(f) shelled walnuts of CN code 0802 32,

(g) pine nuts of CN code 0802 90 50,

(h) pistachios of CN code 0802 50 00,

(i) macadamia of CN code 0802 60 00,

(j) pecans of CN code ex 0802 90 20,

(k) other nuts of CN code 0802 90 85,

(l) dried plantains of CN code 0803 00 90,

(m) dried citrus of CN code 0805,

(n) mixtures of tropical nuts of CN code 0813 50 31,

(o) mixtures of other nuts of CN code 0813 50 39,

(p) saffron of CN code 0910 20.

7. Evidence shall be supplied to the competent authority of the [F19 relevant constituent nation] that the products covered by paragraphs 1(a) and 2 fulfil the conditions laid down, in particular with regard to their intended use.

Textual Amendments

F10 Words in Art. 4 substituted (31.12.2020) by The Market Measures (Marketing Standards) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/822), regs. 1, 8(8); 2020 c. 1, Sch. 5 para. 1(1)

F11 Substituted by Commission Implementing Regulation (EU) No 594/2013 of 21 June 2013 amending Implementing Regulation (EU) No 543/2011 as regards marketing standards in the fruit and vegetables sector and correcting that Implementing Regulation.

F12 Words in Art. 4(1)(c) substituted (31.12.2020) by The Market Measures (Marketing Standards) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/822), regs. 1, 8(9)(a)(i) (as amended by S.I. 2020/1453, regs. 1(2)(b), 10(8)(a)); 2020 c. 1, Sch. 5 para. 1(1)

F13 Words in Art. 4(1)(c) substituted (31.12.2020) by The Market Measures (Marketing Standards) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/822), regs. 1, 8(9)(a)(ii) (as amended by S.I. 2020/1453, regs. 1(2)(b), 10(8)(b)); 2020 c. 1, Sch. 5 para. 1(1)

F14 Words in Art. 4(1)(c) inserted (31.12.2020) by The Market Measures (Marketing Standards) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/822), regs. 1, 8(9)(a)(iii); 2020 c. 1, Sch. 5 para. 1(1)

F15 Words in Art. 4(1)(e) substituted (31.12.2020) by The Market Measures (Marketing Standards) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/822), regs. 1, 8(9)(b); 2020 c. 1, Sch. 5 para. 1(1)

F16 Words in Art. 4(3) substituted (31.12.2020) by The Market Measures (Marketing Standards) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/822), regs. 1, 8(10); 2020 c. 1, Sch. 5 para. 1(1)

F17 Words in Art. 4(4) substituted (31.12.2020) by The Market Measures (Marketing Standards) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/822), regs. 1, 8(11)(a); 2020 c. 1, Sch. 5 para. 1(1)

F18 Words in Art. 4(4) substituted (31.12.2020) by The Market Measures (Marketing Standards) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/822), regs. 1, 8(11)(b); 2020 c. 1, Sch. 5 para. 1(1)

F19 Words in Art. 4(7) substituted (31.12.2020) by The Market Measures (Marketing Standards) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/822), regs. 1, 8(12); 2020 c. 1, Sch. 5 para. 1(1)

Article 5 U.K. Information particulars

1. The information particulars required by this Chapter shall be shown legibly and obviously on one side of the packaging, either indelibly printed directly onto the package or on a label which is an integral part of the package or affixed to it.

2. For goods shipped in bulk and loaded directly onto a means of transport, the information particulars referred to in paragraph 1 shall be given in a document accompanying the goods or shown on a notice placed in an obvious position inside the means of transport.

3. In the case of distance contracts within the meaning of [F20 Article 2(7) of Directive 2011/83/EU of the European Parliament and of the Council], conformity with the marketing standards shall require that the information particulars shall be available before the purchase is concluded.

4. Invoices and accompanying documents, excluding receipts for the consumer, shall indicate the name and the country of origin of the products and, where appropriate, the class, the variety or commercial type if required in a specific marketing standard, or the fact that it is intended for processing.

Textual Amendments

F20 Words in Art. 5(3) substituted (31.12.2020) by The Market Measures (Marketing Standards) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/822), regs. 1, 8(13); 2020 c. 1, Sch. 5 para. 1(1)

Article 6 U.K. Information particulars at the retail stage

1. At retail stage, the information particulars required by this Chapter shall be legible and conspicuous. Products may be presented for sale provided the retailer displays prominently, adjacent to and legibly the information particulars relating to country of origin and, where appropriate, class and variety or commercial type in such a way as not to mislead the consumer.

2. For products which are [F21 prepacked] within the meaning of [F22 Article 2(2)(e) of Regulation (EU) No 1169/2011], the net weight shall be indicated, in addition to all the information provided for in the marketing standards. However, in the case of products sold by number, the requirement to indicate the net weight shall not apply if the number of items may be clearly seen and easily counted from the outside or, if the number is indicated on the label.

Textual Amendments

F21 Word in Art. 6(2) substituted (31.12.2020) by The Market Measures (Marketing Standards) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/822), regs. 1, 8(14)(a); 2020 c. 1, Sch. 5 para. 1(1)

F22 Words in Art. 6(2) substituted (31.12.2020) by The Market Measures (Marketing Standards) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/822), regs. 1, 8(14)(b); 2020 c. 1, Sch. 5 para. 1(1)

[F23 Article 7 U.K. Mixes

1. The marketing of packages of a net weight of 5 kg or less containing mixes of different species of fruits, of vegetables or of fruits and vegetables shall be allowed, provided that:

(a) the products are of uniform quality and each product concerned complies with the relevant specific marketing standard or, where no specific marketing standard exists for a particular product, the general marketing standard;

(b) the package is appropriately labelled, in accordance with this Chapter; and

(c) the mix is not such as to mislead the consumer.

2. The requirements of paragraph 1(a) shall not apply to products included in a mix which are not products of the fruit and vegetables sector referred to in [F24 Article 1(2)(i) of Regulation (EU) No 1308/2013 of the European Parliament and of the Council].

3. If the products in a mix originate in more than one F25 ... country, the full names of the countries of origin may be replaced with one of the following, as appropriate:

F26 (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) ‘mix of [F27 non-UK] fruit’, ‘mix of [F27 non-UK] vegetables’ or ‘mix of [F27 non-UK] fruit and vegetables’;

(c) ‘mix of [F28 UK] and [F29 non-UK] fruit’, ‘mix of [F28 UK] and [F29 non-UK] vegetables’ or ‘mix of [F28 UK] and [F29 non-UK] fruit and vegetables’.]

[F30 4. By way of derogation from paragraph 3, packages of fruit and vegetables in a mix originating in more than one country:

(b) may be placed on the market until the end of the period [F31 beginning with 30 September 2022 and ending with 31 December 2023], and may remain on the market until stocks are exhausted, if:

(i) the mix does not contain any fruit or vegetables originating in the United Kingdom, and the package is labelled in accordance with paragraph 3, as it had effect immediately before IP completion day, or

(ii) the mix contains fruit and vegetables originating in the United Kingdom and:

(aa) does not contain any fruit or vegetables originating in the EU, and the package is labelled in accordance with paragraph 3(b), as it had effect immediately before IP completion day, or

(bb) also contains fruit and vegetables originating in the EU (whether or not it also contains fruit and vegetables from any other country), and the package is labelled in accordance with paragraph 3(c), as it had effect immediately before IP completion day.]

Textual Amendments

F23 Substituted by Commission Delegated Regulation (EU) 2019/428 of 12 July 2018 amending Implementing Regulation (EU) No 543/2011 as regards marketing standards in the fruit and vegetables sector.

F24 Words in Art. 7(2) substituted (31.12.2020) by The Market Measures (Marketing Standards) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/822), regs. 1, 8(15); 2020 c. 1, Sch. 5 para. 1(1)

F25 Words in Art. 7(3) omitted (31.12.2020) by virtue of The Market Measures (Marketing Standards) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/822), regs. 1, 8(16)(a); 2020 c. 1, Sch. 5 para. 1(1)

F26 Art. 7(3)(a) omitted (31.12.2020) by virtue of The Market Measures (Marketing Standards) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/822), regs. 1, 8(16)(b); 2020 c. 1, Sch. 5 para. 1(1)

F27 Word in Art. 7(3)(b) substituted (31.12.2020) by The Market Measures (Marketing Standards) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/822), regs. 1, 8(16)(c); 2020 c. 1, Sch. 5 para. 1(1)

F28 Word in Art. 7(3)(c) substituted (31.12.2020) by The Market Measures (Marketing Standards) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/822), regs. 1, 8(16)(d)(i); 2020 c. 1, Sch. 5 para. 1(1)

F29 Word in Art. 7(3)(c) substituted (31.12.2020) by The Market Measures (Marketing Standards) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/822), regs. 1, 8(16)(d)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F30 Art. 7(4) inserted (31.12.2020) by The Market Measures (Marketing Standards) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/822), regs. 1, 8(17) (as amended by S.I. 2020/1453, regs. 1(2)(b), 10(9)); 2020 c. 1, Sch. 5 para. 1(1)

F31 Words in Art. 7(4)(b) substituted (E.) (30.9.2022) by The Food Information (Amendment of Transitional Provisions) (England) Regulations 2022 (S.I. 2022/938), regs. 1(1), 13(2); substituted (W.) by The Food Information (Amendment of Transitional Provisions) (Wales) Regulations 2022 (S.I. 2022/939), regs. 1(2), 13(2); and substituted (S.) by The Food Information (Transitional Provisions) (Miscellaneous Amendments) (Scotland) Regulations 2022 (S.S.I. 2022/265), regs. 1(1), 4(2)

CHAPTER II U.K. Checks on conformity to marketing standards

Section 1 U.K. General provisions

Article 8 U.K. Scope

This Chapter lays down rules on conformity checks, which shall mean the checks carried out on fruit and vegetables at all marketing stages, in order to verify that they conform to the marketing standards and other provisions of this Title [F32 and of [F33 [F34 Article] 76 of Regulation (EU) No 1308/2013].][F32 , Article 76 of Regulation (EU) No 1308/2013 and in regulations made under section 9 of the Agriculture (Retained EU Law and Data) (Scotland) Act 2020.]

Textual Amendments

F32 Words in Art. 8 substituted (S.) (2.2.2023) by The Agriculture (Retained EU Law and Data) (Scotland) Act 2020 (Consequential Modifications) and Agricultural Products, Aquatic Animal Health and Genetically Modified Organisms (EU Exit) (Amendment) Regulations 2022 (S.S.I. 2022/361), regs. 1, 5(3)

F33 Words in Art. 8 substituted (31.12.2020) by The Market Measures (Marketing Standards) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/822), regs. 1, 8(18); 2020 c. 1, Sch. 5 para. 1(1)

F34 Word in Art. 8 substituted (E.) (1.12.2022) by The Common Organisation of the Markets in Agricultural Products (Amendment) Regulations 2022 (S.I. 2022/1150), regs. 1(2), 7(3); and substituted (W.) (14.12.2022) by The Common Organisation of the Markets in Agricultural Products (Amendment) (Wales) Regulations 2022 (S.I. 2022/1215), regs. 1(2), 4(3)

Article 9 U.K. Coordinating authorities and inspection bodies

1. F35 ...

(a) [F36 The Secretary of State shall designate] a single competent authority [F37 for Great Britain] responsible for coordination and contacts in the areas covered by this Chapter, hereinafter called ‘the coordinating authority’; and

(b) [F38 Each appropriate authority shall designate] an inspection body or bodies responsible for the application of this Chapter, hereinafter called ‘the inspection bodies’.

The coordinating authorities and inspection bodies referred to in the first subparagraph may be public or private. However, the [F39 the Secretary of State or the appropriate authority that designates them (as the case may be)] shall be responsible for them in either case.

[F40 The Secretary of State may not designate the coordinating authority referred to in point (a) of the first subparagraph without the consent of—

(a) in relation to Wales, the Welsh Ministers;

(b) in relation to Scotland, the Scottish Ministers.

Nothing in this Regulation affects the validity of any designation of a coordinating authority or inspection body made before IP completion day.]

F41 2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3. The coordinating authority may be the inspection body or one of the inspection bodies or any other body designated pursuant to paragraph 1.

4. The [F42 Secretary of State] shall make publicly available the [F43 name of the coordinating authority] designated by the [F44 Secretary of State] in the manner [F45 the Secretary of State] considers appropriate.

Textual Amendments

F35 Words in Art. 9(1) omitted (31.12.2020) by virtue of The Market Measures (Marketing Standards) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/822), regs. 1, 8(19)(a); 2020 c. 1, Sch. 5 para. 1(1)

F36 Words in Art. 9(1)(a) inserted (31.12.2020) by The Market Measures (Marketing Standards) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/822), regs. 1, 8(19)(b)(i); 2020 c. 1, Sch. 5 para. 1(1)

F37 Words in Art. 9(1)(a) inserted (31.12.2020) by The Market Measures (Marketing Standards) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/822), regs. 1, 8(19)(b)(ii) (as amended by S.I. 2020/1453, regs. 1(2)(b), 10(10)(a)); 2020 c. 1, Sch. 5 para. 1(1)

F38 Words in Art. 9(1)(b) inserted (31.12.2020) by The Market Measures (Marketing Standards) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/822), regs. 1, 8(19)(c); 2020 c. 1, Sch. 5 para. 1(1)

F39 Words in Art. 9(1) substituted (31.12.2020) by The Market Measures (Marketing Standards) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/822), regs. 1, 8(19)(d); 2020 c. 1, Sch. 5 para. 1(1)

F40 Words in Art. 9(1) inserted (31.12.2020) by The Market Measures (Marketing Standards) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/822), regs. 1, 8(19)(e) (as amended by S.I. 2020/1453, regs. 1(2)(b), 10(10)(b)); 2020 c. 1, Sch. 5 para. 1(1)

F41 Art. 9(2) omitted (31.12.2020) by virtue of The Market Measures (Marketing Standards) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/822), regs. 1, 8(20); 2020 c. 1, Sch. 5 para. 1(1)

F42 Words in Art. 9(4) substituted (31.12.2020) by The Market Measures (Marketing Standards) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/822), regs. 1, 8(21)(a); 2020 c. 1, Sch. 5 para. 1(1)

F43 Words in Art. 9(4) substituted (31.12.2020) by The Market Measures (Marketing Standards) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/822), regs. 1, 8(21)(b); 2020 c. 1, Sch. 5 para. 1(1)

F44 Words in Art. 9(4) substituted (31.12.2020) by The Market Measures (Marketing Standards) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/822), regs. 1, 8(21)(c); 2020 c. 1, Sch. 5 para. 1(1)

F45 Words in Art. 9(4) substituted (31.12.2020) by The Market Measures (Marketing Standards) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/822), regs. 1, 8(21)(d); 2020 c. 1, Sch. 5 para. 1(1)

Article 10 U.K. Trader database

1. [F46 The appropriate authorities] shall set up a database on traders in fruit and vegetables, which shall list, under the conditions established in this Article, traders involved in the marketing of fruit and vegetables for which standards have been laid down F47 ... [F48 including in regulations made under section 9 of the Agriculture (Retained EU Law and Data) (Scotland) Act 2020].

For this purpose, [F49 the appropriate authorities] may use any other database or databases already established for other purposes.

2. For the purpose of this Regulation, ‘trader’ means any natural or legal person who:

(a) holds fruit and vegetables subject to marketing standards with a view to:

(i)

displaying or offering them for sale,

(ii)

selling them, or

(iii)

marketing them in any other manner, or

(b) actually carries out any of the activities referred to in point (a) as regards fruit and vegetables subject to marketing standards.

The activities referred to in point (a) of the first subparagraph shall cover:

(a) distance selling whether by internet or otherwise,

(b) such activities carried out by the natural or legal person for itself or on behalf of a third party, and

(c) such activities carried out in [F50 Great Britain] and/or by export [F51 from Great Britain] and/or import [F52 into Great Britain].

3. [F53 The appropriate authorities] shall determine the conditions under which the following traders are to be included or not in the database:

(a) traders whose activities are exempt from the obligation to comply with the marketing standards pursuant to Article 4; and

(b) natural or legal persons whose activities in the fruit and vegetables sector are limited either to the transport of goods, or to the sale at the retail stage.

4. Where the trader database is composed of several distinct elements, the [F54 appropriate] authority shall ensure that the database, its elements and their updating are uniform. The updating of the database shall be done in particular using the information collected during conformity checks.

5. The database shall contain for each trader:

(a) the registration number, name and address;

(b) information needed for its classification in one of the risk categories mentioned in Article 11(2), in particular, position in the marketing chain and information concerning the importance of the firm;

(c) information concerning findings made during previous checks of each trader;

(d) any other information considered necessary for checks such as information concerning the existence of a quality assurance system or self-check system related to the conformity to the marketing standards.

The updating of the database shall be carried out in particular using the information collected during conformity checks.

6. Traders shall provide the information that [F55 the appropriate authorities] consider necessary to set up and update the database. [F56 The appropriate authorities] shall determine the conditions under which traders not established in their territory but trading on it shall be listed in their database.

Textual Amendments

F46 Words in Art. 10(1) substituted (31.12.2020) by The Market Measures (Marketing Standards) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/822), regs. 1, 8(22)(a); 2020 c. 1, Sch. 5 para. 1(1)

F47 Words in Art. 10(1) omitted (E.) (1.12.2022) by virtue of The Common Organisation of the Markets in Agricultural Products (Amendment) Regulations 2022 (S.I. 2022/1150), regs. 1(2), 7(4); and omitted (W.) (14.12.2022) by virtue of The Common Organisation of the Markets in Agricultural Products (Amendment) (Wales) Regulations 2022 (S.I. 2022/1215), regs. 1(2), 4(4)

F48 Words in Art. 10(1) substituted (S.) (2.2.2023) by The Agriculture (Retained EU Law and Data) (Scotland) Act 2020 (Consequential Modifications) and Agricultural Products, Aquatic Animal Health and Genetically Modified Organisms (EU Exit) (Amendment) Regulations 2022 (S.S.I. 2022/361), regs. 1, 5(4)

F49 Words in Art. 10(1) substituted (31.12.2020) by The Market Measures (Marketing Standards) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/822), regs. 1, 8(22)(c); 2020 c. 1, Sch. 5 para. 1(1)

F50 Words in Art. 10(2) substituted (31.12.2020) by The Market Measures (Marketing Standards) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/822), regs. 1, 8(23)(a) (as substituted by S.I. 2020/1453, regs. 1(2)(b), 10(11)(a)); 2020 c. 1, Sch. 5 para. 1(1)

F51 Words in Art. 10(2)(c) substituted (31.12.2020) by The Market Measures (Marketing Standards) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/822), regs. 1, 8(23)(b) (as amended by S.I. 2020/1453, regs. 1(2)(b), 10(11)(b)); 2020 c. 1, Sch. 5 para. 1(1)

F52 Words in Art. 10(2)(c) substituted (31.12.2020) by The Market Measures (Marketing Standards) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/822), regs. 1, 8(23)(c) (as amended by S.I. 2020/1453, regs. 1(2)(b), 10(11)(c)); 2020 c. 1, Sch. 5 para. 1(1)

F53 Words in Art. 10(3) substituted (31.12.2020) by The Market Measures (Marketing Standards) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/822), regs. 1, 8(24); 2020 c. 1, Sch. 5 para. 1(1)

F54 Word in Art. 10(4) substituted (31.12.2020) by The Market Measures (Marketing Standards) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/822), regs. 1, 8(25); 2020 c. 1, Sch. 5 para. 1(1)

F55 Words in Art. 10(6) substituted (31.12.2020) by The Market Measures (Marketing Standards) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/822), regs. 1, 8(26)(a); 2020 c. 1, Sch. 5 para. 1(1)

F56 Words in Art. 10(6) substituted (31.12.2020) by The Market Measures (Marketing Standards) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/822), regs. 1, 8(26)(b); 2020 c. 1, Sch. 5 para. 1(1)

Section 2 U.K. Conformity checks F57 ...

Article 11 U.K. Conformity checks

1. [F58 The appropriate authorities] shall ensure that conformity checks are carried out selectively, based on a risk analysis, and with appropriate frequency, so as to ensure compliance with the marketing standards and other provisions of this Title [F59 and of [F60 [F61 Article] 76 of Regulation (EU) No 1308/2013].][F59 , of Article 76 of [F62 Regulation (EU) No 1308/2013] and in regulations made under section 9 of the Agriculture (Retained EU Law and Data) (Scotland) Act 2020.]

F63 The criteria to assess the risk shall include the existence of a conformity certificate referred to in Article 14 issued by a competent authority of a third country where the conformity checks have been approved pursuant to Article 15. The existence of such certificate shall be considered as a factor reducing the risk of non-conformity.

The criteria to assess the risk may also include:

(a) the nature of the product, the period of production, the price of the product, the weather, the packing and handling operations, the storage conditions, the country of origin, the means of transport or the volume of the lot;

(b) the size of the traders, their position in the marketing chain, the volume or value marketed by them, their product range, the delivery area or the type of business carried out such as storage, sorting, packing or sale;

(c) findings made during previous checks including the number and type of defects found, the usual quality of products marketed, the level of technical equipment used;

(d) the reliability of traders’ quality assurance systems or self-checking systems related to the conformity to marketing standards;

(e) the place where the check is carried out, in particular if it is the point of first entry into [F64 Great Britain], or the place where the products are being packed or loaded;

(f) any other information that might indicate a risk of non-compliance.

2. The risk analysis shall be based on the information contained in the trader database referred to in Article 10 and shall classify traders in risk categories.

[F65 The appropriate authorities] shall lay down in advance:

(a) the criteria for assessing the risk of non-conformity of lots;

(b) on the basis of a risk analysis for each risk category, the minimum proportions of traders or lots and/or quantities which will be subject to a conformity check.

[F65 The appropriate authorities] may choose not to carry out selective checks on products not subject to specific marketing standards, based on a risk analysis.

3. Where checks reveal significant irregularities, [F66 the appropriate authorities] shall increase the frequency of checks in relation to traders, products, origins, or other parameters.

4. Traders shall provide inspection bodies with all the information those bodies judge necessary for organising and carrying out conformity checks.

Textual Amendments

F58 Words in Art. 11(1) substituted (31.12.2020) by The Market Measures (Marketing Standards) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/822), regs. 1, 8(28)(a)(i); 2020 c. 1, Sch. 5 para. 1(1)

F59 Words in Art. 11(1) substituted (S.) (2.2.2023) by The Agriculture (Retained EU Law and Data) (Scotland) Act 2020 (Consequential Modifications) and Agricultural Products, Aquatic Animal Health and Genetically Modified Organisms (EU Exit) (Amendment) Regulations 2022 (S.S.I. 2022/361), regs. 1, 5(5)

F60 Words in Art. 11(1) substituted (31.12.2020) by The Market Measures (Marketing Standards) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/822), regs. 1, 8(28)(a)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F61 Word in Art. 11(1) substituted (E.) (1.12.2022) by The Common Organisation of the Markets inAgricultural Products (Amendment) Regulations 2022 (S.I. 2022/1150), regs. 1(2), 7(5); and substituted (W.) (14.12.2022) by The Common Organisation of the Markets in Agricultural Products (Amendment) (Wales) Regulations 2022 (S.I. 2022/1215), regs. 1(2), 4(5)

F62 Words in Art. 11(1) substituted (S.) (23.4.2023) by The Alcoholic Beverages, Fruit and Vegetables (Miscellaneous Amendment) (Scotland) Regulations 2023 (S.S.I. 2023/107), regs. 1(1), 2(2)

F63 Words in Art. 11(1) re-inserted (following their unintended omission by S.S.I. 2022/361, reg. 5(5)) (S.) (23.4.2023) by The Alcoholic Beverages, Fruit and Vegetables (Miscellaneous Amendment) (Scotland) Regulations 2023 (S.S.I. 2023/107), regs. 1(1), 2(3)

F64 Words in Art. 11(1)(e) substituted (31.12.2020) by The Market Measures (Marketing Standards) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/822), regs. 1, 8(28)(b) (as substituted by S.I. 2020/1453, regs. 1(2)(b), 10(12))

F65 Words in Art. 11(2) substituted (31.12.2020) by The Market Measures (Marketing Standards) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/822), regs. 1, 8(29); 2020 c. 1, Sch. 5 para. 1(1)

F66 Words in Art. 11(3) substituted (31.12.2020) by The Market Measures (Marketing Standards) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/822), regs. 1, 8(30); 2020 c. 1, Sch. 5 para. 1(1)

Article 12 U.K. Approved traders

1. [F67 The appropriate authorities] may authorise traders classified in the lowest risk category and providing special guarantees on conformity to marketing standards to use the specimen in Annex II in the labelling of each package at the stage of dispatch and/or to sign the conformity certificate as referred to in Article 14.

2. The authorisation shall be granted for a period of at least one year.

3. Traders benefiting from this possibility shall:

(a) have inspection staff who have received training approved by the [F68 appropriate authorities];

(b) have suitable equipment for preparing and packing produce;

(c) commit themselves to carry out a conformity check on the goods they dispatch and have a register recording all checks carried out.

4. Where an authorised trader no longer complies with the requirements for authorisation the [F69 appropriate authority] shall withdraw the authorisation.

5. F70 ...

Authorisations granted to traders before [F71 IP completion day] shall continue to apply for the period for which they were granted.

Textual Amendments

F67 Words in Art. 12(1) substituted (31.12.2020) by The Market Measures (Marketing Standards) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/822), regs. 1, 8(31); 2020 c. 1, Sch. 5 para. 1(1)

F68 Words in Art. 12(3)(a) substituted (31.12.2020) by The Market Measures (Marketing Standards) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/822), regs. 1, 8(32); 2020 c. 1, Sch. 5 para. 1(1)

F69 Words in Art. 12(4) substituted (31.12.2020) by The Market Measures (Marketing Standards) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/822), regs. 1, 8(33); 2020 c. 1, Sch. 5 para. 1(1)

F70 Words in Art. 12(5) omitted (31.12.2020) by virtue of The Market Measures (Marketing Standards) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/822), regs. 1, 8(34)(a); 2020 c. 1, Sch. 5 para. 1(1)

F71 Words in Art. 12(5) substituted (31.12.2020) by The Market Measures (Marketing Standards) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/822), regs. 1, 8(34)(b) (as amended by S.I. 2020/1453, regs. 1(2)(b), 10(13)); 2020 c. 1, Sch. 5 para. 1(1)

Article 13 U.K. Acceptance of declarations by customs

1. Customs may only accept export declarations and/or declarations for the release for free circulation for the products subject to specific marketing standards if:

(a) the goods are accompanied by a conformity certificate, or

(b) the competent inspection body has informed the customs authority that the lots concerned have been issued a conformity certificate, or

(c) the competent inspection body has informed the customs authority that it has not issued a conformity certificate for the lots concerned because they do not needed to be checked in the light of the risk assessment referred to in Article 11(1).

This shall be without prejudice to any conformity checks [F72 that may be carried] out pursuant to Article 11.

2. Paragraph 1 shall also apply to products subject to the general marketing standard set out in Part A of Annex I and products referred to in Article 4(1)(a) if the [F73 appropriate authority] considers it necessary in the light of the risk analysis referred to in Article 11(1).

Textual Amendments

F72 Words in Art. 13(1) substituted (31.12.2020) by The Market Measures (Marketing Standards) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/822), regs. 1, 8(35); 2020 c. 1, Sch. 5 para. 1(1)

F73 Words in Art. 13(2) substituted (31.12.2020) by The Market Measures (Marketing Standards) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/822), regs. 1, 8(36); 2020 c. 1, Sch. 5 para. 1(1)

Article 14 U.K. Certificate of conformity

1. Certificates of conformity may be issued by a competent authority to confirm that the products concerned conform to the relevant marketing standard (hereinafter referred to as ‘certificate’). The certificate for use by competent authorities in [F74 Great Britain] is set out in Annex III.

Instead of certificates issued by competent authorities in [F74 Great Britain], the third countries referred to in Article 15(4) may use their own certificates provided that they contain at least equivalent information to [F75 Great Britain's] certificate. The [F76 Secretary of State] shall make available, by the means [F77 the Secretary of State] considers appropriate, specimens of such third country certificates.

2. The certificates may be issued either in paper format with original signature or in verified electronic format with electronic signature.

3. Each certificate shall be stamped by the competent authority and signed by the person or persons empowered to do so.

F78 4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

5. Each certificate shall bear a serial number, by which it can be identified. A copy of each issued certificate shall be retained by the competent authority.

F79 6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F80 7. Notwithstanding paragraph 1, until [F81 1 July 2022], competent authorities in third countries may continue to use certificates which conform to Article 14(1) of Commission Implementing Regulation (EU) No 543/2011, as it has effect in EU law as amended from time to time.

8. If at any time until [F82 1 July 2022] the Secretary of State considers that the marketing standards that apply in the EU to any products to which this Title applies are not at least equivalent to the marketing standards that apply in the United Kingdom for like products:

(a) the Secretary of State must publish a statement to that effect, and

(b) paragraph 7 shall not apply in relation to the products set out in such statement.]

Textual Amendments

F74 Words in Art. 14(1) substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products and Common Agricultural Policy (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/828), regs. 1, 44(a)(i) (as substituted by S.I. 2020/1452, regs. 1(2)(b), 6(8)(a)(i)); 2020 c. 1, Sch. 5 para. 1(1)

F75 Words in Art. 14(1) substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products and Common Agricultural Policy (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/828), regs. 1, 44(a)(iv) (as substituted by S.I. 2020/1452, regs. 1(2)(b), 6(8)(a)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F76 Words in Art. 14(1) substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products and Common Agricultural Policy (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/828), regs. 1, 44(a)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F77 Words in Art. 14(1) substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products and Common Agricultural Policy (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/828), regs. 1, 44(a)(iii); 2020 c. 1, Sch. 5 para. 1(1)

F78 Art. 14(4) omitted (31.12.2020) by virtue of The Common Organisation of the Markets in Agricultural Products and Common Agricultural Policy (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/828), regs. 1, 44(b); 2020 c. 1, Sch. 5 para. 1(1)

F79 Art. 14(6) omitted (31.12.2020) by virtue of The Common Organisation of the Markets in Agricultural Products and Common Agricultural Policy (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/828), regs. 1, 44(b); 2020 c. 1, Sch. 5 para. 1(1)

F80 Art. 14(7)(8) inserted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products and Common Agricultural Policy (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/828), regs. 1, 44(c) (as amended by S.I. 2020/1452, regs. 1(2)(b), 6(8)(b)); 2020 c. 1, Sch. 5 para. 1(1)

F81 Words in Art. 14(7) substituted (1.1.2022) by The Common Organisation of the Markets in Agricultural Products (Marketing Standards and Organic Products) (Transitional Provisions) (Amendment) Regulations 2021 (S.I. 2021/1396), regs. 1(2), 6(2)(a)

F82 Words in Art. 14(8) substituted (1.1.2022) by The Common Organisation of the Markets in Agricultural Products (Marketing Standards and Organic Products) (Transitional Provisions) (Amendment) Regulations 2021 (S.I. 2021/1396), regs. 1(2), 6(2)(b)

Textual Amendments

F57 Words in Title 2 Ch. 2 Section 2 heading omitted (31.12.2020) by virtue of The Market Measures (Marketing Standards) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/822), regs. 1, 8(27); 2020 c. 1, Sch. 5 para. 1(1)

Section 3 U.K. Conformity checks carried out by third countries

Article 15 U.K. Approval of conformity checks carried out by third countries prior to import into [F83 Great Britain]

[F11 1. At the request of a third country, the [F84 Secretary of State][F85 may make regulations approving] checks on conformity to marketing standards carried out by that third country prior to import into [F86 Great Britain].]

2. The approval referred to in paragraph 1 may be granted to third countries where [F87 Great Britain] marketing standards, or at least equivalent standards, are met for products exported to [F87 Great Britain].

The approval shall specify the official authority in the third country under the responsibility of which checks referred to in paragraph 1 are carried out. That authority shall be responsible for contacts with [F87 Great Britain]. The approval shall also specify the third country inspection bodies in charge of the proper checks.

The approval may only apply to products originating in the third country concerned and may be limited to certain products.

3. The third country inspection bodies shall be official bodies or bodies officially recognised by the authority referred to in paragraph 2 which provide satisfactory guarantees and dispose of the necessary personnel, equipment and facilities to carry out checks according to the methods referred to in Article 17(1) or equivalent methods.

4. The third countries where the conformity checks have been approved under this Article, and the products concerned, shall be set out in Annex IV.

The [F88 Secretary of State] shall make available, by the means it considers appropriate, details of the official authorities and inspection bodies concerned.

[F89 Whenever the Secretary of State makes regulations under paragraph 1, those regulations must include provision amending Annex IV to include the third country or countries where conformity checks have been approved under paragraph 1 and the products concerned.]

Textual Amendments

F11 Substituted by Commission Implementing Regulation (EU) No 594/2013 of 21 June 2013 amending Implementing Regulation (EU) No 543/2011 as regards marketing standards in the fruit and vegetables sector and correcting that Implementing Regulation.

F83 Words in Art. 15 heading substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products and Common Agricultural Policy (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/828), regs. 1, 45(a) (as substituted by S.I. 2020/1452, regs. 1(2)(b), 6(9)(a)); 2020 c. 1, Sch. 5 para. 1(1)

F84 Words in Art. 15(1) substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products and Common Agricultural Policy (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/828), regs. 1, 45(b)(i); 2020 c. 1, Sch. 5 para. 1(1)

F85 Words in Art. 15(1) substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products and Common Agricultural Policy (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/828), regs. 1, 45(b)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F86 Words in Art. 15(1) substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products and Common Agricultural Policy (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/828), regs. 1, 45(b)(iii) (as substituted by S.I. 2020/1452, regs. 1(2)(b), 6(9)(b)); 2020 c. 1, Sch. 5 para. 1(1)

F87 Words in Art. 15(2) substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products and Common Agricultural Policy (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/828), regs. 1, 45(c) (as substituted by S.I. 2020/1452, regs. 1(2)(b), 6(9)(c)); 2020 c. 1, Sch. 5 para. 1(1)

F88 Words in Art. 15(4) substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products and Common Agricultural Policy (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/828), regs. 1, 45(d)(i); 2020 c. 1, Sch. 5 para. 1(1)

F89 Words in Art. 15(4) inserted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products and Common Agricultural Policy (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/828), regs. 1, 45(d)(ii); 2020 c. 1, Sch. 5 para. 1(1)

Article 16 U.K. Suspension of approval of the conformity checks

The [F90 Secretary of State] may suspend approval of the conformity checks if it is found that, in a significant number of lots and/or quantities, the goods do not correspond to the information in the certificates of conformity issued by the third country inspection bodies.

Textual Amendments

F90 Words in Art. 16 substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products and Common Agricultural Policy (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/828), regs. 1, 46; 2020 c. 1, Sch. 5 para. 1(1)

Section 4 U.K. Methods of inspection

Article 17 U.K. Methods of inspection

1. The conformity checks provided for in this Chapter, with the exception of those at the point of retail sale to the end consumer, shall be carried out in accordance with the methods of inspection laid down in Annex V, save as otherwise provided in this Regulation.

[F91 The appropriate authorities] shall lay down specific arrangements for checking conformity at the point of retail sale to the end consumer.

2. Where inspectors find that the goods conform with the marketing standards, the inspection body may issue a certificate of conformity as set out in Annex III.

3. Where the goods do not conform with the standards, the inspection body shall issue a finding of non-conformity for the attention of the trader or their representatives. Goods for which a finding of non-conformity has been issued may not be moved without the authorisation of the inspection body which issued that finding. That authorisation can be subject to the respect of conditions laid down by the inspection body.

Traders may decide to bring all or some of the goods into conformity. Goods brought into conformity may not be marketed before the competent inspection body has ensured by all appropriate means that the goods have actually been brought into conformity. The competent inspection body shall issue, where applicable, a certificate of conformity as set out in Annex III for the lot or part thereof only after the goods have been brought into conformity.

If an inspection body accepts a trader’s wish to bring the goods into conformity in a [F92 constituent nation] other than that where the check leading to a finding of non-conformity has been carried out, the trader shall notify the competent inspection body of the destination [F92 constituent nation] of the non-conforming lot. The [F93 inspection body] issuing the finding of non-conformity shall send a copy of that finding to the other [F94 inspection bodies] concerned including the [F95 competent inspection body of the constituent nation] of destination of the non-conforming lot.

Where the goods can neither be brought into conformity nor sent to animal feed, industrial processing or any other non-food use, the inspection body may, if necessary, request traders to take adequate measures in order to ensure that the products concerned are not marketed.

Traders shall supply all information deemed necessary by [F96 the appropriate authorities] for the application of this paragraph.

Textual Amendments

F91 Words in Art. 17(1) substituted (31.12.2020) by The Market Measures (Marketing Standards) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/822), regs. 1, 8(37); 2020 c. 1, Sch. 5 para. 1(1)

F92 Words in Art. 17(3) substituted (31.12.2020) by The Market Measures (Marketing Standards) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/822), regs. 1, 8(38)(a)(i); 2020 c. 1, Sch. 5 para. 1(1)

F93 Words in Art. 17(3) substituted (31.12.2020) by The Market Measures (Marketing Standards) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/822), regs. 1, 8(38)(a)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F94 Words in Art. 17(3) substituted (31.12.2020) by The Market Measures (Marketing Standards) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/822), regs. 1, 8(38)(a)(iii); 2020 c. 1, Sch. 5 para. 1(1)

F95 Words in Art. 17(3) substituted (31.12.2020) by The Market Measures (Marketing Standards) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/822), regs. 1, 8(38)(a)(iv); 2020 c. 1, Sch. 5 para. 1(1)

F96 Words in Art. 17(3) substituted (31.12.2020) by The Market Measures (Marketing Standards) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/822), regs. 1, 8(38)(b); 2020 c. 1, Sch. 5 para. 1(1)

Section 5 U.K. Notifications

Article 18 U.K. Notifications

F97 1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

2. [F98 Where] a lot of goods from a third country [F99 listed in Annex IV] has been rejected from release into free circulation because of non-compliance with the marketing standards [F100 , the Secretary of State] shall notify forthwith F101 ... the third country concerned and listed in Annex IV.

F102 3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F102 4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F102 5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F97 Art. 18(1) omitted (31.12.2020) by virtue of The Common Organisation of the Markets in Agricultural Products and Common Agricultural Policy (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/828), regs. 1, 47(a); 2020 c. 1, Sch. 5 para. 1(1)

F98 Word in Art. 18(2) substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products and Common Agricultural Policy (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/828), regs. 1, 47(b)(i); 2020 c. 1, Sch. 5 para. 1(1)

F99 Words in Art. 18(2) inserted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products and Common Agricultural Policy (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/828), regs. 1, 47(b)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F100 Words in Art. 18(2) inserted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products and Common Agricultural Policy (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/828), regs. 1, 47(b)(iii); 2020 c. 1, Sch. 5 para. 1(1)

F101 Words in Art. 18(2) omitted (31.12.2020) by virtue of The Common Organisation of the Markets in Agricultural Products and Common Agricultural Policy (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/828), regs. 1, 47(b)(iv); 2020 c. 1, Sch. 5 para. 1(1)

F102 Art. 18(3)-(5) omitted (31.12.2020) by virtue of The Common Organisation of the Markets in Agricultural Products and Common Agricultural Policy (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/828), regs. 1, 47(c); 2020 c. 1, Sch. 5 para. 1(1)

TITLE III U.K. PRODUCER ORGANISATIONS

CHAPTER I U.K. Requirements and recognition

F6 Section 1 U.K. [F6 Definitions

F6 Article 19 U.K. Definitions

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F6 Section 2 U.K. Requirements applicable to producer organisations

F6 Article 20 U.K. Product coverage

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F6 Article 21 U.K. Minimum number of members

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F6 Article 22 U.K. Minimum length of membership

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F6 Article 23 U.K. Structures and activities of producer organisations

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F6 Article 24 U.K. Value or volume of marketable production

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F6 Article 25 U.K. Provision of technical means

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F6 Article 26 U.K. Producer organisations’ main activities

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F6 Article 26a U.K. [F103 Marketing of the production outside the producer organisation]

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Textual Amendments

F103 Inserted by Commission Delegated Regulation (EU) No 499/2014 of 11 March 2014 supplementing Regulations (EU) No 1308/2013 of the European Parliament and of the Council and Regulation (EU) No 1306/2013 of the European Parliament and of the Council by amending Commission Implementing Regulation (EU) No 543/2011 relating to the fruit and vegetables and processed fruit and vegetables sectors.

F6 Article 27 U.K. [F104 Outsourcing]

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Textual Amendments

F104 Substituted by Commission Delegated Regulation (EU) No 499/2014 of 11 March 2014 supplementing Regulations (EU) No 1308/2013 of the European Parliament and of the Council and Regulation (EU) No 1306/2013 of the European Parliament and of the Council by amending Commission Implementing Regulation (EU) No 543/2011 relating to the fruit and vegetables and processed fruit and vegetables sectors.

F6 Article 28 U.K. Transnational producer organisations

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F6 Article 29 U.K. Mergers of producer organisations

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F6 Article 30 U.K. Non-producer members

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F6 Article 31 U.K. [F104 Democratic accountability of producer organisations]

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Textual Amendments

F104 Substituted by Commission Delegated Regulation (EU) No 499/2014 of 11 March 2014 supplementing Regulations (EU) No 1308/2013 of the European Parliament and of the Council and Regulation (EU) No 1306/2013 of the European Parliament and of the Council by amending Commission Implementing Regulation (EU) No 543/2011 relating to the fruit and vegetables and processed fruit and vegetables sectors.

F6 Section 3 U.K. Associations of producer organisations

F6 Article 32 U.K. Rules on producer organisations applicable to associations of producer organisations

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F6 Article 33 U.K. Recognition of associations of producer organisations

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F6 Article 34 U.K. Members of associations of producer organisations which are not producer organisations

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F6 Article 35 U.K. Transnational association of producer organisations]

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F105 Section 4 U.K. Producer groups

F105 Article 36 U.K. Submission of recognition plans

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F105 Article 37 U.K. Content of recognition plans

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F105 Article 38 U.K. Approval of recognition plans

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F105 Article 39 U.K. Implementation of recognition plans

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F105 Article 40 U.K. Applications for recognition as a producer organisation

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F105 Article 41 U.K. Producer groups’ main activities

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F105 Article 42 U.K. Value of marketed production

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F105 Article 43 U.K. Financing of recognition plans

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F105 Article 44 U.K. Aid for investments required for recognition

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F105 Article 45 U.K. Application for aid

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F105 Article 46 U.K. Eligibility

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F105 Article 47 U.K. Union contribution

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F105 Article 48 U.K. Mergers

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F105 Article 49 U.K. Consequences of recognition

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Textual Amendments

F105 Title 3 Ch. 1 Section 4 omitted (25.6.2021) by virtue of The Common Organisation of the Markets in Agricultural Products (Fruit and Vegetable Producer Organisations, Tariff Quotas and Wine) (Amendment etc.) Regulations 2021 (S.I. 2021/756), regs. 1(2), 2

F6 CHAPTER II U.K. [F6 Operational funds and operational programmes

F6 Section 1 U.K. Value of marketed production

F6 Article 50 U.K. Basis for calculation

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F6 Article 51 U.K. Reference period

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F6 Section 2 U.K. Operational Funds

F6 Article 52 U.K. Management

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F6 Article 53 U.K. Financing of operational funds

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F6 Article 54 U.K. Notification of estimated amount

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F6 Section 3 U.K. Operational Programmes

F6 Article 55 U.K. National strategy

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F6 Article 56 U.K. National framework for environmental actions

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F6 Article 57 U.K. Complementary Member State rules

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F6 Article 58 U.K. Relationship with rural development programmes

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F6 Article 59 U.K. Contents of operational programmes

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F6 Article 60 U.K. Eligibility of actions under operational programmes

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F6 Article 61 U.K. Documents to be submitted

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F6 Article 62 U.K. Operational programmes of associations of producer organisations

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F6 Article 63 U.K. Time limit for submission

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F6 Article 64 U.K. Decision

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F6 Article 65 U.K. Amendments to operational programmes for subsequent years

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F6 Article 66 U.K. Amendments to operational programmes during the year

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F6 Article 67 U.K. Format of operational programmes

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F6 Section 4 U.K. Aid

F6 Article 68 U.K. Approved amount of aid

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F6 Article 69 U.K. Aid applications

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F6 Article 70 U.K. Payment of the aid

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F6 Article 71 U.K. Advance payments

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F6 Article 72 U.K. Partial payments

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F6 CHAPTER III U.K. Crisis prevention and management measures

F6 Section 1 U.K. General Provisions

F6 Article 73 U.K. Selection of crisis prevention and management measures

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F6 Article 74 U.K. Loans to finance crisis prevention and management measures

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F6 Section 2 U.K. Market withdrawals

F6 Article 75 U.K. Definition

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F6 Article 76 U.K. Marketing standards

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F6 Article 77 U.K. Three-year average for market withdrawals for free distribution

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F6 Article 78 U.K. Prior notification of withdrawal operations

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F6 Article 79 U.K. Support

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F6 Article 80 U.K. Destinations for withdrawn products

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F6 Article 81 U.K. Transport costs

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F6 Article 82 U.K. Sorting and packing costs

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F6 Article 83 U.K. Conditions for the recipients of withdrawn products

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F6 Section 3 U.K. Green harvesting and non-harvesting

F6 Article 84 U.K. Definitions of green harvesting and non-harvesting

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F6 Article 85 U.K. Conditions for the application of green harvesting and non-harvesting

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F6 Section 4 U.K. Promotion and communication

F6 Article 86 U.K. Implementation of promotion and communication measures

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F6 Section 5 U.K. Training

F6 Article 87 U.K. Implementation of training actions

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F6 Section 6 U.K. Harvest insurance

F6 Article 88 U.K. Objective of harvest insurance actions

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F6 Article 89 U.K. Implementation of harvest insurance actions

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F6 Article 89a U.K. [F103 Replanting of orchards following mandatory grubbing-up]

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Textual Amendments

F103 Inserted by Commission Delegated Regulation (EU) No 499/2014 of 11 March 2014 supplementing Regulations (EU) No 1308/2013 of the European Parliament and of the Council and Regulation (EU) No 1306/2013 of the European Parliament and of the Council by amending Commission Implementing Regulation (EU) No 543/2011 relating to the fruit and vegetables and processed fruit and vegetables sectors.

F6 Section 7 U.K. Support for the administrative cost of setting up mutual funds

F6 Article 90 U.K. Conditions for support for the administrative cost of setting up mutual funds

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F6 CHAPTER IV U.K. National Financial Assistance

F6 Article 91 U.K. [F106 Degree of organisation of producers and definition of a region]

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Textual Amendments

F106 Substituted by Commission Implementing Regulation (EU) No 72/2012 of 27 January 2012 amending and derogating from 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.

F6 Article 92 U.K. Authorisation to pay national financial assistance

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F6 Article 93 U.K. Amendments to the operational programme

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F6 Article 94 U.K. Application for and payment of the national financial assistance

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F6 Article 95 U.K. Union reimbursement of the national financial assistance

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F6 CHAPTER V U.K. General Provisions

F6 Section 1 U.K. Reports and notifications

F6 Article 96 U.K. Producer groups and producer organisations’ reports

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F6 Article 97 U.K. Member States’ notifications concerning producer organisations, associations of producer organisations and producer groups

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F6 Article 98 U.K. Member States’ notifications concerning producer prices of fruit and vegetables in the internal market

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F6 Section 2 U.K. Checks

F6 Article 99 U.K. Unique identification system

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F6 Article 100 U.K. Submission procedures

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F6 Article 101 U.K. Sampling

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F6 Article 102 U.K. Administrative checks

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F6 Article 103 U.K. On-the-spot checks

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F6 Article 104 U.K. Granting of recognition and approval of operational programmes

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F6 Article 105 U.K. Administrative checks on aid applications for operational programmes

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F6 Article 106 U.K. On-the-spot checks on aid applications for operational programmes

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F6 Article 107 U.K. On-the-spot checks on measures of operational programmes

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F6 Article 108 U.K. First-level checks on withdrawal operations

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F6 Article 109 U.K. Second-level checks on withdrawal operations

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F6 Article 110 U.K. Green harvesting and non-harvesting

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F6 Article 111 U.K. Checks before approving recognition plans of producer groups

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F6 Article 112 U.K. Checks on aid applications of producer groups

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F6 Article 113 U.K. Transnational producer organisations and transnational associations of producer organisations

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F6 Section 3 U.K. Sanctions

F6 Article 114 U.K. [F104 Non-respect of recognition criteria]

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Textual Amendments

F104 Substituted by Commission Delegated Regulation (EU) No 499/2014 of 11 March 2014 supplementing Regulations (EU) No 1308/2013 of the European Parliament and of the Council and Regulation (EU) No 1306/2013 of the European Parliament and of the Council by amending Commission Implementing Regulation (EU) No 543/2011 relating to the fruit and vegetables and processed fruit and vegetables sectors.

F6 Article 115 U.K. Fraud

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F6 Article 116 U.K. Producer groups

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F6 Article 117 U.K. Operational programme

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F6 Article 118 U.K. Sanctions following first-level checks on withdrawal operations

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F6 Article 119 U.K. Other sanctions applicable to producer organisations regarding withdrawal operations

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F6 Article 120 U.K. Sanctions applicable to recipients of withdrawn products

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F6 Article 121 U.K. Green harvesting and non-harvesting

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F6 Article 122 U.K. Preventing an on-the-spot check

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F6 Article 123 U.K. Payment of recovered aid and penalties

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F6 Article 124 U.K. Notification of irregularities

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F6 Section 4 U.K. Monitoring and evaluation of operational programmes and of national strategies

F6 Article 125 U.K. Common performance indicators

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F6 Article 126 U.K. Monitoring and evaluation procedures in relation to operational programmes

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F6 Article 127 U.K. Monitoring and evaluation procedures in relation to the national strategy

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F6 CHAPTER VI U.K. Extension of rules to producers of an economic area

F6 Article 128 U.K. Notification of list of economic areas

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F6 Article 129 U.K. Notification of binding rules; representativeness

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F6 Article 130 U.K. Financial contributions

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F6 Article 131 U.K. Extensions beyond one marketing year

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F6 Article 132 U.K. Produce sold on the tree; buyers

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F6 TITLE IV U.K. TRADE WITH THIRD COUNTRIES

F6 CHAPTER I U.K. Import duties and entry price system

F6 Section 1 U.K. Entry price system

F6 Article 133 U.K. Scope and definitions

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F6 Article 134 U.K. Notification of prices and quantities of products imported

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F6 Article 135 U.K. [F107 Representative markets]

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Textual Amendments

F107 Deleted by Commission Implementing Regulation (EU) No 565/2013 of 18 June 2013 amending Regulations (EC) No 1731/2006, (EC) No 273/2008, (EC) No 566/2008, (EC) No 867/2008, (EC) No 606/2009, and Implementing Regulations (EU) No 543/2011 and (EU) No 1333/2011 as regards the notification obligations within the common organisation of agricultural markets and repealing Regulation (EC) No 491/2007.

F6 Article 136 U.K. Standard import values

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F6 Article 137 U.K. [F104 Entry price basis]

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Textual Amendments

F104 Substituted by Commission Delegated Regulation (EU) No 499/2014 of 11 March 2014 supplementing Regulations (EU) No 1308/2013 of the European Parliament and of the Council and Regulation (EU) No 1306/2013 of the European Parliament and of the Council by amending Commission Implementing Regulation (EU) No 543/2011 relating to the fruit and vegetables and processed fruit and vegetables sectors.

F6 Section 2 U.K. Additional import duties

F6 Article 138 U.K. Scope and definitions

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F6 Article 139 U.K. Notification of volumes

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F6 Article 140 U.K. Levying of additional duty

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F6 Article 141 U.K. Amount of additional duty

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F6 Article 142 U.K. Exemptions from additional duty]

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TITLE V U.K. GENERAL, TRANSITIONAL AND FINAL PROVISIONS

F6 [F6 Article 143 U.K. Checks

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Textual Amendments

F6 Deleted by Commission Delegated Regulation (EU) 2017/891 of 13 March 2017 supplementing Regulation (EU) No 1308/2013 of the European Parliament and of the Council with regard to the fruit and vegetables and processed fruit and vegetables sectors and supplementing Regulation (EU) No 1306/2013 of the European Parliament and of the Council with regard to penalties to be applied in those sectors and amending Commission Implementing Regulation (EU) No 543/2011.

F6 Article 144 U.K. National sanctions

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Textual Amendments

F6 Deleted by Commission Delegated Regulation (EU) 2017/891 of 13 March 2017 supplementing Regulation (EU) No 1308/2013 of the European Parliament and of the Council with regard to the fruit and vegetables and processed fruit and vegetables sectors and supplementing Regulation (EU) No 1306/2013 of the European Parliament and of the Council with regard to penalties to be applied in those sectors and amending Commission Implementing Regulation (EU) No 543/2011.

F6 Article 145 U.K. Artificially created situations

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Textual Amendments

F6 Deleted by Commission Delegated Regulation (EU) 2017/891 of 13 March 2017 supplementing Regulation (EU) No 1308/2013 of the European Parliament and of the Council with regard to the fruit and vegetables and processed fruit and vegetables sectors and supplementing Regulation (EU) No 1306/2013 of the European Parliament and of the Council with regard to penalties to be applied in those sectors and amending Commission Implementing Regulation (EU) No 543/2011.

F6 Article 146 U.K. Notifications

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Textual Amendments

F6 Deleted by Commission Delegated Regulation (EU) 2017/891 of 13 March 2017 supplementing Regulation (EU) No 1308/2013 of the European Parliament and of the Council with regard to the fruit and vegetables and processed fruit and vegetables sectors and supplementing Regulation (EU) No 1306/2013 of the European Parliament and of the Council with regard to penalties to be applied in those sectors and amending Commission Implementing Regulation (EU) No 543/2011.

F6 Article 147 U.K. Obvious errors

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Textual Amendments

F6 Deleted by Commission Delegated Regulation (EU) 2017/891 of 13 March 2017 supplementing Regulation (EU) No 1308/2013 of the European Parliament and of the Council with regard to the fruit and vegetables and processed fruit and vegetables sectors and supplementing Regulation (EU) No 1306/2013 of the European Parliament and of the Council with regard to penalties to be applied in those sectors and amending Commission Implementing Regulation (EU) No 543/2011.

F6 Article 148 U.K. Force majeure and exceptional circumstances]

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Textual Amendments

F6 Deleted by Commission Delegated Regulation (EU) 2017/891 of 13 March 2017 supplementing Regulation (EU) No 1308/2013 of the European Parliament and of the Council with regard to the fruit and vegetables and processed fruit and vegetables sectors and supplementing Regulation (EU) No 1306/2013 of the European Parliament and of the Council with regard to penalties to be applied in those sectors and amending Commission Implementing Regulation (EU) No 543/2011.

[F108 Article A149 U.K. Regulations

1. Regulations made by the Secretary of State under this Regulation are to be made by statutory instrument.

2. A statutory instrument containing regulations made by the Secretary of State under this Regulation is subject to annulment in pursuance of a resolution of either House of Parliament.

3. Such regulations may—

(a) contain consequential, incidental, supplementary, transitional or saving provision (including provision amending, repealing or revoking enactments (which has the meaning given by section 20(1) of the European Union (Withdrawal) Act 2018));

(b) make different provision for different purposes.

4. Before making any regulations under this Regulation, the Secretary of State must consult—

(a) such bodies or persons as appear to the Secretary of State to be representative of the interests likely to be substantially affected by the regulations;

(b) such other bodies or persons as the Secretary of State may consider appropriate.]

Textual Amendments

F108 Art. A149 inserted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products and Common Agricultural Policy (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/828), regs. 1, 48; 2020 c. 1, Sch. 5 para. 1(1)

Article 149 U.K. Repeal

Regulation (EC) No 1580/2007 is repealed.

F109 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

References to the repealed Regulation shall be construed as references to this Regulation and shall, where appropriate, be read in accordance with the correlation table set out in Annex XIX.

Textual Amendments

F109 Words in Art. 149 omitted (31.12.2020) by virtue of The Market Measures (Marketing Standards) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/822), regs. 1, 8(39); 2020 c. 1, Sch. 5 para. 1(1)

F110 Article 150 U.K. Transitional provisions

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Textual Amendments

F110 Art. 150 omitted (31.12.2020) by virtue of The Market Measures (Marketing Standards) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/822), regs. 1, 8(40); 2020 c. 1, Sch. 5 para. 1(1)

Article 151 U.K. Entry into force

This Regulation shall enter into force on the seventh day following that of its publication in the Official Journal of the European Union.

F111 ...

Textual Amendments

F111 Words in Signature omitted (31.12.2020) by virtue of The Market Measures (Marketing Standards) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/822), regs. 1, 8(41); 2020 c. 1, Sch. 5 para. 1(1)

[F23 ANNEX I U.K. MARKETING STANDARDS REFERRED TO IN ARTICLE 3

PART A U.K. General marketing standard

The purpose of this general marketing standard is to define the quality requirements for fruit and vegetables, after preparation and packaging.

However, at stages following dispatch products may show in relation to the requirements of the standard:

• a slight lack of freshness and turgidity,

• a slight deterioration due to their development and their tendency to perish.

1. Minimum requirements U.K.

Subject to the tolerances allowed, the products shall be:

• intact,

• sound; products affected by rotting or deterioration such as to make them unfit for consumption are excluded,

• clean, practically free of any visible foreign matter,

• practically free from pests,

• free from damage caused by pests affecting the flesh,

• free of abnormal external moisture,

• free of any foreign smell and/or taste.

The condition of the products must be such as to enable them:

• to withstand transportation and handling,

• to arrive in satisfactory condition at the place of destination.

2. Minimum maturity requirements U.K.

The products must be sufficiently developed, but not over-developed, and fruit must display satisfactory ripeness and must not be overripe.

The development and state of maturity of the products must be such as to enable them to continue their ripening process and to reach a satisfactory degree of ripeness.

3. Tolerance U.K.

A tolerance of 10 % by number or weight of product not satisfying the minimum quality requirements shall be permitted in each lot. Within this tolerance not more than 2 per cent in total may consist of produce affected by decay.

4. Marking U.K.

Each package(7) must bear the following particulars, in letters grouped on the same side, legibly and indelibly marked, and visible from the outside.

A. Identification U.K.

Name and physical address of the packer and/or the dispatcher (for example: street/city/region/postal code and, if different from the country of origin, the country).

This mention may be replaced:

• for all packages with the exception of pre-packages, by the officially issued or accepted code mark representing the packer and/or the dispatcher, indicated in close connection with the reference ‘Packer and/or Dispatcher’ (or equivalent abbreviations). The code mark shall be preceded by the ISO 3166 (alpha) country/area code of the recognising country, if not the country of origin;

• for pre-packages only, by the name and the address of a seller established within the [F112 United Kingdom (or, until the end of the period [F113 beginning with 30 September 2022 and ending with 31 December 2023], within the United Kingdom or the EU)] indicated in close connection with the mention ‘Packed for:’ or an equivalent mention. In this case, the labelling shall also include a code representing the packer and/or the dispatcher. The seller shall give all information deemed necessary by the inspection body as to the meaning of this code.

Textual Amendments

F112 Words in Annex 1 Pt. A point 4(A) substituted (31.12.2020) by The Market Measures (Marketing Standards) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/822), regs. 1, 8(42)(a)(i) (as amended by S.I. 2019/1405, regs. 1(2), 6(3)(b)(i) (as amended by S.I. 2020/1453, regs. 1(2)(b), 13(3)(b)(ii))); 2020 c. 1, Sch. 5 para. 1(1)

F113 Words in Annex 1 Pt. A point 4(A) substituted (E.) (30.9.2022) by The Food Information (Amendment of Transitional Provisions) (England) Regulations 2022 (S.I. 2022/938), regs. 1(1), 13(3)(a); substituted (W.) by The Food Information (Amendment of Transitional Provisions) (Wales) Regulations 2022 (S.I. 2022/939), regs. 1(2), 13(3)(a); and substituted (S.) by The Food Information (Transitional Provisions) (Miscellaneous Amendments) (Scotland) Regulations 2022 (S.S.I. 2022/265), regs. 1(1), 4(3)(a)

B. Origin U.K.

Full name of the country of origin(8). For products originating in [F114 Great Britain] this shall be in [F115 English] or any other language understandable by the consumers of the country of destination. For other products, this shall be in any language understandable by the consumers of the country of destination.

Textual Amendments

F114 Words in Annex 1 Pt. A point 4(B) substituted (31.12.2020) by The Market Measures (Marketing Standards) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/822), regs. 1, 8(42)(a)(ii)(aa) (as amended by S.I. 2020/1453, regs. 1(2)(b), 10(14)); 2020 c. 1, Sch. 5 para. 1(1)

F115 Word in Annex 1 Pt. A point 4(B) substituted (31.12.2020) by The Market Measures (Marketing Standards) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/822), regs. 1, 8(42)(a)(ii)(bb); 2020 c. 1, Sch. 5 para. 1(1)

Packages need not to bear the particulars mentioned in the first subparagraph, when they contain sales packages, clearly visible from the outside, and all bearing these particulars. These packages shall be free from any indications such as could mislead. When these packages are palletised, the particulars shall be given on a notice placed in an obvious position on at least two sides of the pallet.

PART B U.K. Specific marketing standards

PART 1: U.K. MARKETING STANDARD FOR APPLES

I. DEFINITION OF PRODUCE U.K.

This standard applies to apples of varieties (cultivars) grown from Malus domestica Borkh., to be supplied fresh to the consumer, apples for industrial processing being excluded.

II. PROVISIONS CONCERNING QUALITY U.K.

The purpose of the standard is to define the quality requirements for apples, after preparation and packaging.

However, at stages following dispatch products may show in relation to the requirements of the standard:

• a slight lack of freshness and turgidity,

• for products graded in classes other than the ‘Extra’ Class, a slight deterioration due to their development and their tendency to perish.

A. Minimum requirements U.K.

In all classes, subject to the special provisions for each class and the tolerances allowed, apples must be:

• intact,

• sound; produce affected by rotting or deterioration such as to make it unfit for consumption is excluded,

• clean, practically free of any visible foreign matter,

• practically free from pests,

• free from damage caused by pests affecting the flesh,

• free from serious watercore, except for varieties marked with ‘V’ listed in the appendix to this standard,

• free of abnormal external moisture,

• free of any foreign smell and/or taste.

The development and condition of the apples must be such as to enable them:

• to withstand transportation and handling, and

• to arrive in satisfactory condition at the place of destination.

B. Maturity requirements U.K.

The apples must be sufficiently developed, and display satisfactory ripeness.

The development and state of maturity of the apples must be such as to enable them to continue their ripening process and to reach the degree of ripeness required in relation to the varietal characteristics.

In order to verify the minimum maturity requirements, several parameters may be considered (for example morphological aspect, taste, firmness and refractometric index).

C. Classification U.K.

Apples are classified in three classes defined below.

(i) ‘ Extra ’ Class U.K.

Apples in this class must be of superior quality. They must be characteristic of the variety(9) and with the stalk which must be intact.

Apples must express the following minimum surface colour characteristic of the variety:

• 3/4 of total surface red coloured in case of colour group A,

• 1/2 of total surface mixed red coloured in case of colour group B,

• 1/3 of total surface slightly red coloured, blushed or striped in case of colour group C,

• no minimum colour requirement in case of colour group D.

The flesh must be perfectly sound.

They must be free from defects with the exception of very slight superficial defects provided these do not affect the general appearance of the produce, the quality, the keeping quality and presentation in the package:

• very slight skin defects,

• very slight russeting(10) such as:

  • brown patches that may not go outside the stem cavity and may not be rough and/or

  • slight isolated traces of russeting.

(ii) Class I U.K.

Apples in this class must be of good quality. They must be characteristic of the variety(11).

Apples must express the following minimum surface colour characteristic of the variety:

• 1/2 of total surface red coloured in case of colour group A,

• 1/3 of total surface mixed red coloured in case of colour group B,

• 1/10 of total surface slightly red coloured, blushed or striped in case of colour group C,

• no minimum colour requirement in case of colour group D.

The flesh must be perfectly sound.

The following slight defects, however, may be allowed, provided these do not affect the general appearance of the produce, the quality, the keeping quality and presentation in the package:

• a slight defect in shape,

• a slight defect in development,

• a slight defect in colouring,

• slight bruising not exceeding 1 cm ² of total surface area and not discoloured,

• slight skin defects which must not extend over more than:

  • 2 cm in length for defects of elongated shape,

  • 1 cm ² of total surface area for other defects, with the exception of scab ( Venturia inaequalis ), which must not extend over more than 0,25 cm ² , cumulative, in area,

• slight russeting(12) such as:

  • brown patches that may go slightly beyond the stem or pistil cavities but may not be rough and/or

  • thin net-like russeting not exceeding 1/5 of the total fruit surface and not contrasting strongly with the general colouring of the fruit and/or

  • dense russeting not exceeding 1/20 of the total fruit surface, while

  • thin net-like russeting and dense russeting taken together may not exceed a maximum of 1/5 of the total surface of the fruit.

The stalk may be missing, provided the break is clean and the adjacent skin is not damaged.

(iii) Class II U.K.

This class includes apples which do not qualify for inclusion in the higher classes but satisfy the minimum requirements specified above.

The flesh must be free from major defects.

The following defects may be allowed, provided the apples retain their essential characteristics as regards the quality, the keeping quality and presentation:

• defects in shape,

• defects in development,

• defects in colouring,

• slight bruising not exceeding 1,5 cm ² in area which may be slightly discoloured,

• skin defects which must not extend over more than:

  • 4 cm in length for defects of elongated shape,

  • 2,5 cm ² of total surface area for other defects, with the exception of scab ( Venturia inaequalis ), which must not extend over more than 1 cm ² , cumulative, in area;

• slight russeting(13) such as

  • brown patches that may go beyond the stem or pistil cavities and may be slightly rough and/or

  • thin net-like russeting not exceeding 1/2 of the total fruit surface and not contrasting strongly with the general colouring of the fruit and/or

  • dense russeting not exceeding 1/3 of the total fruit surface, while

  • thin net-like russeting and dense russeting taken together may not exceed a maximum of 1/2 of the total surface of the fruit.

III. PROVISIONS CONCERNING SIZING U.K.

Size is determined either by the maximum diameter of the equatorial section or by weight.

The minimum size shall be 60 mm, if measured by diameter or 90 g, if measured by weight. Fruit of smaller sizes may be accepted, if the Brix level(14) of the produce is equal to or greater than to 10,5° Brix and the size is not smaller than 50 mm or 70 g.

To ensure the uniformity in size, the range in size between produce in the same package shall not exceed:

(a)

for fruit sized by diameter:

• 5 mm for ‘Extra’ Class fruit and for Classes I and II fruit packed in rows and layers. However, for apples of the varieties Bramley's Seedling (Bramley, Triomphe de Kiel) and Horneburger, the difference in diameter may amount to 10 mm, and

• 10 mm for Class I fruit packed in sales packages or loose in the package. However, for apples of the varieties Bramley's Seedling (Bramley, Triomphe de Kiel) and Horneburger, the difference in diameter may amount to 20 mm.

(b)

for fruit sized by weight:

• For ‘Extra’ Class and Classes I and II apples packed in rows and layers:

  Range (g)	Weight difference (g)
  70-90	15 g
  91-135	20 g
  136-200	30 g
  201-300	40 g
  > 300	50 g

• For Class I fruit packed in sales packages or loose in the package:

  Range (g)	Uniformity (g)
  70-135	35
  136-300	70
  > 300	100

There is no sizing uniformity requirement for Class II fruit packed in sales packages or loose in the package.

Varieties of miniature apples, marked with an ‘M’ in the appendix to this standard, are exempted from the sizing provisions. Those miniature varieties must have a minimum Brix level(15) of 12°.

IV. PROVISIONS CONCERNING TOLERANCES U.K.

At all marketing stages, tolerances in respect of quality and size shall be allowed in each lot for produce not satisfying the requirements of the class indicated.

A. Quality tolerances U.K.

(i) ‘ Extra ’ Class U.K.

A total tolerance of 5 per cent, by number or weight, of apples not satisfying the requirements of the class, but meeting those of Class I is allowed. Within this tolerance not more than 0,5 per cent in total may consist of produce satisfying the requirements of Class II quality.

(ii) Class I U.K.

A total tolerance of 10 per cent, by number or weight, of apples not satisfying the requirements of the class, but meeting those of Class II is allowed. Within this tolerance not more than 1 per cent in total may consist of produce satisfying neither the requirements of Class II quality nor the minimum requirements, or of produce affected by decay.

(iii) Class II U.K.

A total tolerance of 10 per cent, by number or weight, of apples satisfying neither the requirements of the class nor the minimum requirements is allowed. Within this tolerance not more than 2 per cent in total may consist of produce affected by decay.

B. Size tolerances U.K.

For all classes: a total tolerance of 10 per cent, by number or weight, of apples not satisfying the requirements as regards sizing is allowed. This tolerance may not be extended to include produce with a size:

• 5 mm or more below the minimum diameter,

• 10 g or more below the minimum weight.

V. PROVISIONS CONCERNING PRESENTATION U.K.

A. Uniformity U.K.

The contents of each package must be uniform and contain only apples of the same origin, variety, quality and size (if sized) and the same degree of ripeness.

In the case of the ‘Extra’ Class, uniformity also applies to colouring.

However, a mixture of apples of distinctly different varieties may be packed together in a sales package provided they are uniform in quality and, for each variety concerned, in origin. Uniformity in size is not required.

The visible part of the contents of the package must be representative of the entire contents. Information lasered on single fruit should not lead to flesh or skin defects.

B. Packaging U.K.

The apples must be packed in such a way as to protect the produce properly. In particular, sales packages of a net weight exceeding 3 kg shall be sufficiently rigid to ensure proper protection of the produce.

The materials used inside the package must be clean and of a quality such as to avoid causing any external or internal damage to the produce. The use of materials, particularly of paper or stamps bearing trade specifications is allowed provided the printing or labelling has been done with non-toxic ink or glue.

Stickers individually affixed on the produce shall be such that, when removed, they neither leave visible traces of glue, nor lead to skin defects.

Packages must be free of all foreign matter.

VI. PROVISIONS CONCERNING MARKING U.K.

Each package(16) must bear the following particulars, in letters grouped on the same side, legibly and indelibly marked, and visible from the outside.

A. Identification U.K.

Name and physical address of the packer and/or the dispatcher (for example street/city/region/postal code and, if different from the country of origin, the country).

This mention may be replaced:

• for all packages with the exception of pre-packages, by the officially issued or accepted code mark representing the packer and/or the dispatcher, indicated in close connection with the reference ‘Packer and/or Dispatcher’ (or equivalent abbreviations). The code mark shall be preceded by the ISO 3166 (alpha) country/area code of the recognising country, if not the country of origin;

• for pre-packages only, by the name and the address of a seller established within the [F116 United Kingdom (or, until the end of the period [F117 beginning with 30 September 2022 and ending with 31 December 2023], within the United Kingdom or the EU)] indicated in close connection with the mention ‘Packed for:’ or an equivalent mention. In this case, the labelling shall also include a code representing the packer and/or the dispatcher. The seller shall give all information deemed necessary by the inspection body as to the meaning of this code.

Textual Amendments

F116 Words in Annex 1 Pt. B substituted (31.12.2020) by The Market Measures (Marketing Standards) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/822), regs. 1, 8(42)(b) (as amended by S.I. 2019/1405, regs. 1(2), 6(3)(b)(i) (as amended by S.I. 2020/1453, regs. 1(2)(b), 13(3)(b)(ii))); 2020 c. 1, Sch. 5 para. 1(1)

F117 Words in Annex 1 Pt. B Pt. 1 point 6(A) substituted (S.) (30.9.2022) by The Food Information (Transitional Provisions) (Miscellaneous Amendments) (Scotland) Regulations 2022 (S.S.I. 2022/265), regs. 1(1), 4(3)(b)(i); substituted (E.) (30.9.2022) by The Food Information (Amendment of Transitional Provisions) (England) Regulations 2022 (S.I. 2022/938), regs. 1(1), 13(3)(b); and substituted (W.) by The Food Information (Amendment of Transitional Provisions) (Wales) Regulations 2022 (S.I. 2022/939), regs. 1(2), 13(3)(b)

B. Nature of produce U.K.

• ‘Apples’ if the contents are not visible from the outside.

• Name of the variety. In the case of a mixture of apples of distinctly different varieties, names of the different varieties.

  The name of the variety may be replaced by a synonym. A trade name(17) may only be given in addition to the variety or the synonym.

  In the case of mutants with varietal protection, this variety name may replace the basic variety name. In case of mutants without varietal protection, this mutant name may only be indicated in addition to the basic variety name.

• ‘Miniature variety’, where appropriate.

C. Origin of produce U.K.

Country of origin(18) and, optionally, district where grown, or national, regional or local place name.

In the case of a mixture of distinctly different varieties of apples of different origins, the indication of each country of origin shall appear next to the name of the variety concerned.

D. Commercial specifications U.K.

• Class

• Size, or for fruit packed in rows and layers, number of units.

If identification is by the size, this should be expressed:

(a)

for produce subject to the uniformity rules, as minimum and maximum diameters or minimum and maximum weights;

(b)

optionally, for produce not subject to the uniformity rules, as the diameter or the weight of the smallest fruit in the package followed by ‘and over’ or equivalent denomination or, where appropriate, followed by the diameter or weight of the largest fruit in the package.

E. Official control mark (optional) U.K.

Packages need not to bear the particulars mentioned in the first subparagraph, when they contain sales packages, clearly visible from the outside, and all bearing these particulars. These packages shall be free from any indications such as could mislead. When these packages are palletised, the particulars shall be given on a notice placed in an obvious position on at least two sides of the pallet.

Appendix U.K.

Non-exhaustive list of apple varieties U.K.

Fruits of varieties that are not part of the list must be graded according to their varietal characteristics.

Some of the varieties listed in the following table may be marketed under names for which trademark protection has been sought or obtained in one or more countries. The three first columns of the table hereunder do not intend to include such trademarks. References to known trademarks have been included in the fourth column for information only.

Legend:

M

=

miniature variety

R

=

russet variety

V

=

watercore

*

=

mutant without varietal protection but linked to a registered/protected trademark; mutants not marked with the asterisk are protected varieties

Varieties	Mutant	Synonyms	Trademarks	Colour group	Additional specifications
African Red			African Carmine ™	B
Akane		Tohoku 3, Primerouge		B
Alkmene		Early Windsor		C
Alwa				B
Amasya				B
Ambrosia			Ambrosia ®	B
Annurca				B
Ariane			Les Naturianes ®	B
Arlet		Swiss Gourmet		B	R
AW 106			Sapora ®	C
Belgica				B
Belle de Boskoop		Schone van Boskoop, Goudreinette		D	R
	Boskoop rouge	Red Boskoop, Roter Boskoop, Rode Boskoop		B	R
	Boskoop Valastrid			B	R
Berlepsch		Freiherr von Berlepsch		C
	Berlepsch rouge	Red Berlepsch, Roter Berlepsch		B
Braeburn				B
	Hidala		Hillwell ®	A
	Joburn		Aurora ™, Red Braeburn ™, Southern Rose ™	A
	Lochbuie Red Braeburn			A
	Mahana Red Braeburn		Redfield ®	A
	Mariri Red		Eve ™, Aporo ®	A
	Royal Braeburn			A
Bramley's Seedling		Bramley, Triomphe de Kiel		D
Cardinal				B
Caudle			Cameo ®, Camela®	B
	Cauflight		Cameo ®, Camela®	A
CIV323			Isaaq ®	B
CIVG198			Modi ®	A
Civni			Rubens ®	B
Collina				C
Coop 38			Goldrush ®, Delisdor ®	D	R
Coop 39			Crimson Crisp ®	A
Coop 43			Juliet ®	B
Coromandel Red		Corodel		A
Cortland				B
Cox's Orange Pippin		Cox orange, Cox's O.P.		C	R
Cripps Pink			Pink Lady ®, Flavor Rose ®	C
	Lady in Red		Pink Lady ®	B
	Rosy Glow		Pink Lady ®	B
	Ruby Pink			B
Cripps Red			Sundowner ™, Joya ®	B
Dalinbel			Antares ®	B	R
Delblush			Tentation ®	D
Delcorf			Delbarestivale ®	C
	Celeste			B
	Bruggers Festivale		Sissired ®	A
	Dalili		Ambassy ®	A
	Wonik*		Appache ®	A
Delcoros			Autento ®	A
Delgollune			Delbard Jubilé ®	B
Delicious ordinaire		Ordinary Delicious		B
Discovery				C
Dykmanns Zoet				C
Egremont Russet				D	R
Elise		De Roblos, Red Delight		A
Elstar				C
	Bel-El		Red Elswout ®	C
	Daliest		Elista ®	C
	Daliter		Elton ™	C
	Elshof			C
	Elstar Boerekamp		Excellent Star ®	C
	Elstar Palm		Elstar PCP ®	C
	Goedhof		Elnica ®	C
	Red Elstar			C
	RNA9842		Red Flame ®	C
	Valstar			C
	Vermuel		Elrosa ®	C
Empire				A
Fiesta		Red Pippin		C
Fresco			Wellant ®	B	R
Fuji				B	V
	Aztec		Fuji Zhen ®	A	V
	Brak		Fuji Kiku ® 8	B	V
	Fuji Fubrax		Fuji Kiku ® Fubrax	B	V
	Fuji Supreme			A	V
	Heisei Fuji		Beni Shogun ®	A	V
	Raku-Raku			B	V
Gala				C
	Baigent		Brookfield ®	A
	Bigigalaprim		Early Red Gala ®	B
	Fengal		Gala Venus	A
	Gala Schnico		Schniga ®	A
	Gala Schnico Red		Schniga ®	A
	Galaval			A
	Galaxy		Selekta ®	B
	Gilmac		Neon ®	A
	Imperial Gala			B
	Jugula			B
	Mitchgla		Mondial Gala ®	B
	Natali Gala			B
	Regal Prince		Gala Must ®	B
	Royal Beaut			A
	Simmons		Buckeye ® Gala	A
Gloster				B
Golden 972				D
Golden Delicious		Golden		D
	CG10 Yellow Delicious		Smothee ®	D
	Golden Delicious Reinders		Reinders ®	D
	Golden Parsi		Da Rosa ®	D
	Leratess		Pink Gold ®	D
	Quemoni		Rosagold ®	D
Goldstar			Rezista Gold Granny ®	D
Gradigold			Golden Supreme ™, Golden Extreme ™	D
Gradiyel			Goldkiss ®	D
Granny Smith				D
	Dalivair		Challenger ®	D
Gravensteiner		Gravenstein		D
Hokuto				C
Holsteiner Cox		Holstein		C	R
Honeycrisp			Honeycrunch ®	C
Horneburger				D
Idared				B
	Idaredest			B
	Najdared			B
Ingrid Marie				B	R
James Grieve				D
Jonagold				C
	Early Jonagold		Milenga ®	C
	Dalyrian			C
	Decosta			C
	Jonagold Boerekamp		Early Queen ®	C
	Jonagold Novajo	Veulemanns		C
	Jonagored		Morren's Jonagored ®	C
	Jonagored Supra		Morren's Jonagored ® Supra ®	C
	Red Jonaprince		Wilton's ®, Red Prince ®	C
	Rubinstar			C
	Schneica	Jonica		C
	Vivista			C
Jonathan				B
Karmijn de Sonnaville				C	R
La Flamboyante			Mairac ®	B
Laxton's Superb				C	R
Ligol				B
Lobo				B
Lurefresh			Redlove ® Era ®	A
Lureprec			Redlove ® Circe ®	A
Luregust			Redlove ® Calypso ®	A
Luresweet			Redlove ® Odysso ®	A
Maigold				B
Maribelle			Lola ®	B
McIntosh				B
Melrose				C
Milwa			Diwa ®, Junami ®	B
Moonglo				C
Morgenduft		Imperatore		B
Mountain Cove			Ginger Gold ™	D
Mutsu		Crispin		D
Newton				C
Nicogreen			Greenstar ®	D
Nicoter			Kanzi ®	B
Northern Spy				C
Ohrin		Orin		D
Paula Red				B
Pinova			Corail ®	C
	RoHo 3615		Evelina ®	B
Piros				C
Plumac			Koru ®	B
Prem A153			Lemonade ®, Honeymoon ®	C
Prem A17			Smitten ®	C
Prem A280			Sweetie™	B
Prem A96			Rockit ™	B	M
Rafzubin			Rubinette ®	C
	Rafzubex		Rubinette ® Rosso	A
Rajka			Rezista Romelike ®	B
Red Delicious		Rouge américaine		A
	Campsur		Red Chief ®	A
	Erovan		Early Red One ®	A
	Evasni		Scarlet Spur ®	A
	Stark Delicious			A
	Starking			C
	Starkrimson			A
	Starkspur			A
	Topred			A
	Trumdor		Oregon Spur Delicious ®	A
Reine des Reinettes		Gold Parmoné, Goldparmäne		C	V
Reinette grise du Canada		Graue Kanadarenette, Renetta Canada		D	R
Rome Beauty		Belle de Rome, Rome, Rome Sport		B
Rubin				C
Rubinola				B
Šampion		Shampion, Champion, Szampion		B
	Reno 2			A
	Šampion Arno	Szampion Arno		A
Santana				B
Sciearly			Pacific Beauty ™	A
Scifresh			Jazz ™	B
Sciglo			Southern Snap ™	A
Scilate			Envy ®	B
Sciray		GS48		A
Scired			Pacific Queen ™	A	R
Sciros			Pacific Rose ™	A
Senshu				C
Spartan				A
Stayman				B
Summerred				B
Sunrise				A
Sunset				D	R
Suntan				D	R
Sweet Caroline				C
Topaz				B
Tydeman's Early Worcester		Tydeman's Early		B
Tsugaru				C
UEB32642			Opal ®	D
Worcester Pearmain				B
York				B
Zari				B

PART 2: U.K. MARKETING STANDARD FOR CITRUS FRUIT

I. DEFINITION OF PRODUCE U.K.

This standard applies to citrus fruit of varieties (cultivars) grown from the following species, to be supplied fresh to the consumer, citrus fruit for industrial processing being excluded:

• lemons grown from the species Citrus limon (L.) Burm. f. and hybrids thereof,

• mandarins grown from the species Citrus reticulata Blanco, including satsumas ( Citrus unshiu Marcow), clementines ( Citrus clementina hort. ex Tanaka), common mandarins ( Citrus deliciosa Ten.) and tangerines ( Citrus tangerina Tanaka) grown from these species and hybrids thereof,

• oranges grown from the species Citrus sinensis (L.) Osbeck and hybrids thereof.

II. PROVISIONS CONCERNING QUALITY U.K.

The purpose of the standard is to define the quality requirements for citrus fruit after preparation and packaging.

However, at stages following dispatch products may show in relation to the requirements of the standard:

• a slight lack of freshness and turgidity,

• for products graded in classes other than the ‘Extra’ Class, a slight deterioration due to their development and their tendency to perish.

A. Minimum requirements U.K.

In all classes, subject to the special provisions for each class and the tolerances allowed, the citrus fruit must be:

• intact,

• free of bruising and/or extensive healed overcuts,

• sound; produce affected by rotting or deterioration such as to make it unfit for consumption is excluded,

• clean, practically free of any visible foreign matter,

• practically free from pests,

• free from damage caused by pests affecting the flesh,

• free of signs of shrivelling and dehydration,

• free of damage caused by low temperature or frost,

• free of abnormal external moisture,

• free of any foreign smell and/or taste.

The development and condition of the citrus fruit must be such as to enable it:

• to withstand transportation and handling, and

• to arrive in satisfactory condition at the place of destination.

B. Maturity requirements U.K.

The citrus fruit must have reached an appropriate degree of development and ripeness, account being taken of criteria proper to the variety, the time of picking and the growing area.

Maturity of citrus fruit is defined by the following parameters specified for each species below:

• minimum juice content,

• minimum sugar/acid ratio(19),

• colouring.

The degree of colouring shall be such that following normal development the citrus fruit reach the colour typical of the variety at their destination point.

a For the varieties Mandora and Minneola the minimum sugar/acid ratio is 6,0:1 until the end of the marketing year commencing 1 January 2023.
	Minimum juice content (per cent)	Minimum sugar/acid ratio	Colouring
Lemons	20		Must be typical of the variety. Fruit with a green (but not dark green) colour is allowed, provided it satisfies the minimum requirements as to juice content
Satsumas, clementines, other mandarin varieties and their hybrids
Satsumas	33	6,5:1	Must be typical of the variety on at least one third of the surface of the fruit
Clementines	40	7,0:1
Other mandarin varieties and their hybrids	33	7,5:1 a
Oranges
Blood oranges	30	6,5:1	Must be typical of the variety. However, fruit with light green colour not exceeding one fifth of the total surface area of the fruit is allowed, provided it satisfies the minimum requirements as to juice content. Oranges produced in areas with high temperatures and high relative humidity conditions during the developing period having a green colour exceeding one fifth of the surface area of the fruit are allowed, provided they satisfy the minimum requirements as to juice content.
Navels group	33	6,5:1
Other varieties	35	6,5:1
Mosambi, Sathgudi and Pacitan with more than one fifth green colour	33
Other varieties with more than one fifth green colour	45

Citrus fruit meeting these maturity requirements may be ‘degreened’. This treatment is only permitted if the other natural organoleptic characteristics are not modified.

C. Classification U.K.

Citrus fruit is classified in three classes, as defined below:

(i) ‘ Extra ’ Class U.K.

Citrus fruit in this class must be of superior quality. It must be characteristic of the variety and/or commercial type.

It must be free from defects, with the exception of very slight superficial defects, provided these do not affect the general appearance of the produce, the quality, the keeping quality and presentation in the package.

(ii) Class I U.K.

Citrus fruit in this class must be of good quality. It must be characteristic of the variety and/or commercial type.

The following slight defects, however, may be allowed provided these do not affect the general appearance of the produce, the quality, the keeping quality and presentation in the package:

• a slight defect in shape,

• slight defects in colouring, including slight sunburn,

• slight progressive skin defects, provided they do not affect the flesh,

• slight skin defects occurring during the formation of the fruit, such as silver scurfs, russets or pest damage,

• slight healed defects due to a mechanical cause such as hail damage, rubbing or damage from handling,

• slight and partial detachment of the peel (or rind) for all fruit of the mandarin group.

(iii) Class II U.K.

This class includes citrus fruit which does not qualify for inclusion in the higher classes but satisfies the minimum requirements specified above.

The following defects may be allowed, provided the citrus fruit retains its essential characteristics as regards the quality, the keeping quality and presentation:

• defects in shape,

• defects in colouring, including sunburn,

• progressive skin defects, provided they do not affect the flesh,

• skin defects occurring during the formation of the fruit, such as silver scurfs, russets or pest damage,

• healed defects due to a mechanical cause such as hail damage, rubbing or damage from handling,

• superficial healed skin alterations,

• rough skin,

• a slight and partial detachment of the peel (or rind) for oranges and a partial detachment of the peel (or rind) for all fruit of the mandarin group.

III. PROVISIONS CONCERNING SIZING U.K.

Size is determined by the maximum diameter of the equatorial section of the fruit or by count.

A. Minimum size U.K.

The following minimum sizes apply:

Fruit	Diameter (mm)
Lemons	45
Satsumas, other mandarin varieties and hybrids	45
Clementines	35
Oranges	53

B. Uniformity U.K.

Citrus fruit may be sized by one of the following options:

(a)

To ensure uniformity in size, the range in size between produce in the same package shall not exceed:

• 10 mm, if the diameter of the smallest fruit (as indicated on the package) is < 60 mm

• 15 mm, if the diameter of the smallest fruit (as indicated on the package) is ≥ 60 mm but < 80 mm

• 20 mm, if the diameter of the smallest fruit (as indicated on the package) is ≥ 80 mm but < 110 mm

• there is no limitation of difference in diameter for fruit ≥ 110 mm.

(b)

When size codes are applied, the codes and ranges in the following tables must be respected:

a Sizes below 45 mm refer to clementines only.
	Size code	Diameter (mm)
Lemons
	0	79 - 90
	1	72 - 83
	2	68 - 78
	3	63 - 72
	4	58 - 67
	5	53 - 62
	6	48 - 57
	7	45 - 52
Satsumas, clementines, and other mandarin varieties and hybrids
	1 - XXX	78 and above
	1 - XX	67 - 78
	1 or 1 - X	63 - 74
	2	58 - 69
	3	54 - 64
	4	50 - 60
	5	46 - 56
	6 a	43 - 52
	7	41 - 48
	8	39 - 46
	9	37 - 44
	10	35 - 42
Oranges
	0	92 – 110
	1	87 – 100
	2	84 – 96
	3	81 – 92
	4	77 – 88
	5	73 – 84
	6	70 – 80
	7	67 – 76
	8	64 – 73
	9	62 – 70
	10	60 – 68
	11	58 – 66
	12	56 – 63
	13	53 – 60

Uniformity in size is achieved by the above-mentioned size scales, unless otherwise stated as follows:

For fruit in bulk bins and fruit in sales packages of a maximum net weight of 5 kg, the maximum difference must not exceed the range obtained by grouping three consecutive sizes in the size scale.

(c)

For fruit sized by count, the difference in size should be consistent with (a).

IV. PROVISIONS CONCERNING TOLERANCES U.K.

At all marketing stages, tolerances in respect of quality and size shall be allowed in each lot for produce not satisfying the requirements of the class indicated.

A. Quality tolerances U.K.

(i) ‘ Extra ’ Class U.K.

A total tolerance of 5 per cent, by number or weight, of citrus fruit not satisfying the requirements of the class, but meeting those of Class I is allowed. Within this tolerance, not more than 0,5 per cent in total may consist of produce satisfying the requirements of Class II quality.

(ii) Class I U.K.

A total tolerance of 10 per cent, by number or weight, of citrus fruit not satisfying the requirements of the class, but meeting those of Class II is allowed. Within this tolerance, not more than 1 per cent in total may consist of produce satisfying neither the requirements of Class II quality nor the minimum requirements, or of produce affected by decay.

(iii) Class II U.K.

A total tolerance of 10 per cent, by number or weight, of citrus fruit satisfying neither the requirements of the class nor the minimum requirements is allowed. Within this tolerance, not more than 2 per cent in total may consist of produce affected by decay.

B. Size tolerances U.K.

For all classes: a total tolerance of 10 per cent, by number or weight, of citrus fruit corresponding to the size immediately below and/or above that (or those, in the case of the combination of three sizes) mentioned on the packages is allowed.

In any case, the tolerance of 10 % applies only to fruit not smaller than the following minima:

Fruit	Diameter (mm)
Lemons	43
Satsumas, other mandarin varieties and hybrids	43
Clementines	34
Oranges	50

V. PROVISIONS CONCERNING PRESENTATION U.K.

A. Uniformity U.K.

The contents of each package must be uniform and contain only citrus fruit of the same origin, variety or commercial type, quality and size, and appreciably of the same degree of ripeness and development.

In addition, for the ‘Extra’ Class, uniformity in colouring is required.

However, a mixture of citrus fruit of distinctly different species may be packed together in a sales package, provided they are uniform in quality and, for each species concerned, in variety or commercial type and origin. Uniformity in size is not required.

The visible part of the contents of the package must be representative of the entire contents.

B. Packaging U.K.

The citrus fruit must be packed in such a way as to protect the produce properly.

The materials used inside the package must be clean and of a quality such as to avoid causing any external or internal damage to the produce. The use of materials, particularly of paper or stamps bearing trade specifications is allowed provided the printing or labelling has been done with non-toxic ink or glue.

Stickers individually affixed on the produce shall be such that, when removed, they neither leave visible traces of glue, nor lead to skin defects. Information lasered on single fruit should not lead to flesh or skin defects.

If the fruit is wrapped, thin, dry, new and odourlessM1 paper must be used.

Marginal Citations

M1 The use of preserving agents or any other chemical substance liable to leave a foreign smell on the skin of the fruit is permitted where it is compatible with the applicable [legislation]. [Editorial note: Word in Annex 1 footnote substituted (31.12.2020) by virtue of The Market Measures (Marketing Standards) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/822), regs. 1, 8(42)(c); 2020 c. 1, Sch. 5 para. 1(1)]

The use of any substance tending to modify the natural characteristics of the citrus fruit, especially its taste or smellM2 , is prohibited.

Marginal Citations

M2 The use of preserving agents or any other chemical substance liable to leave a foreign smell on the skin of the fruit is permitted where it is compatible with the applicable [legislation]. [Editorial note: Word in Annex 1 footnote substituted (31.12.2020) by virtue of The Market Measures (Marketing Standards) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/822), regs. 1, 8(42)(c); 2020 c. 1, Sch. 5 para. 1(1)]

Packages must be free of all foreign matter. However, a presentation where a short (not wooden) twig with some green leaves adheres to the fruit is allowed.

VI. PROVISIONS CONCERNING MARKING U.K.

Each package(20) must bear the following particulars, in letters grouped on the same side, legibly and indelibly marked, and visible from the outside.

A. Identification U.K.

Name and physical address of the packer and/or the dispatcher (for example street/city/region/postal code and, if different from the country of origin, the country).

This mention may be replaced:

• for all packages with the exception of pre-packages, by the officially issued or accepted code mark representing the packer and/or the dispatcher, indicated in close connection with the reference ‘Packer and/or Dispatcher’ (or equivalent abbreviations). The code mark shall be preceded by the ISO 3166 (alpha) country/area code of the recognising country, if not the country of origin;

• for pre-packages only, by the name and the address of a seller established within the [F116 United Kingdom (or, until the end of the period [F118 beginning with 30 September 2022 and ending with 31 December 2023], within the United Kingdom or the EU)] indicated in close connection with the mention ‘Packed for:’ or an equivalent mention. In this case, the labelling shall also include a code representing the packer and/or the dispatcher. The seller shall give all information deemed necessary by the inspection body as to the meaning of this code.

Textual Amendments

F118 Words in Annex 1 Pt. B Pt. 2 point 6(A) substituted (S) (30.9.2022) by The Food Information (Transitional Provisions) (Miscellaneous Amendments) (Scotland) Regulations 2022 (S.S.I. 2022/265), regs. 1(1), 4(3)(b)(ii); substituted (E.) (30.9.2022) by The Food Information (Amendment of Transitional Provisions) (England) Regulations 2022 (S.I. 2022/938), regs. 1(1), 13(3)(b); and substituted (W.) by The Food Information (Amendment of Transitional Provisions) (Wales) Regulations 2022 (S.I. 2022/939), regs. 1(2), 13(3)(b)

B. Nature of produce U.K.

• ‘Lemons’, ‘Mandarins’ or ‘Oranges’ if the produce is not visible from the outside.

• ‘Mixture of citrus fruit’ or equivalent denomination and common names of the different species, in case of a mixture of citrus fruit of distinctly different species.

• For oranges, name of the variety, and/or the respective variety group in the case of ‘Navels’, and ‘Valencias’.

• For ‘Satsumas’ and ‘Clementines’, the common name of the species is required and the name of the variety is optional.

• For other mandarins and hybrids thereof, the name of the variety is required.

• For lemons: the name of the variety is optional.

• ‘Seeded’ in case of clementines with more than 10 seeds.

• ‘Seedless’ (optional, seedless citrus fruit may occasionally contain seeds).

C. Origin of produce U.K.

• Country of origin(21) and, optionally, district where grown, or national, regional or local place name.

• In the case of a mixture of citrus fruit of distinctly different species of different origins, the indication of each country of origin shall appear next to the name of the species concerned.

D. Commercial specifications U.K.

• Class.

• Size expressed as:

  • Minimum and maximum sizes (in mm) or

  • Size code(s) followed, optionally, by a minimum and maximum size or

  • Count.

• When used, mention of the preserving agent or other chemical substances used at post-harvest stage.

E. Official control mark (optional) U.K.

Packages need not to bear the particulars mentioned in the first subparagraph, when they contain sales packages, clearly visible from the outside, and all bearing these particulars. These packages shall be free from any indications such as could mislead. When these packages are palletised, the particulars shall be given on a notice placed in an obvious position on at least two sides of the pallet.

PART 3: U.K. MARKETING STANDARD FOR KIWIFRUIT

I. DEFINITION OF PRODUCE U.K.

This standard applies to kiwifruit (also known as Actinidia or kiwi) of varieties (cultivars) grown from Actinidia chinensis Planch. and Actinidia deliciosa (A. Chev.), C.F. Liang and A.R. Ferguson to be supplied fresh to the consumer, kiwifruit for industrial processing being excluded.

II. PROVISIONS CONCERNING QUALITY U.K.

The purpose of the standard is to define the quality requirements for kiwifruit, after preparation and packaging.

However, at stages following dispatch products may show in relation to the requirements of the standard:

• a slight lack of freshness and turgidity,

• for products graded in classes other than the ‘Extra’ Class, a slight deterioration due to their development and their tendency to perish.

A. Minimum requirements U.K.

In all classes, subject to the special provisions for each class and the tolerances allowed, the kiwifruit must be:

• intact (but free of peduncle),

• sound; produce affected by rotting or deterioration such as to make it unfit for consumption is excluded,

• clean, practically free of any visible foreign matter,

• practically free from pests,

• free from damage caused by pests affecting the flesh,

• adequately firm; not soft, shrivelled or water-soaked,

• well formed, double/multiple fruit being excluded,

• free of abnormal external moisture,

• free of any foreign smell and/or taste.

The development and condition of the kiwifruit must be such as to enable it:

• to withstand transportation and handling, and

• to arrive in satisfactory condition at the place of destination.

B. Minimum maturity requirements U.K.

The kiwifruit must be sufficiently developed and display satisfactory ripeness.

In order to satisfy this requirement, the fruit at packing must have attained a degree of ripeness of at least 6,2° Brix(22) or an average dry matter content of 15 %, which should lead to 9,5° Brix(22) when entering the distribution chain.

C. Classification U.K.

Kiwifruit is classified in three classes as defined below.

(i) ‘ Extra ’ Class U.K.

Kiwifruit in this class must be of superior quality. It must be characteristics of the variety.

The fruit must be firm and the flesh must be perfectly sound.

It must be free from defects with the exception of very slight superficial defects, provided these do not affect the general appearance of the produce, the quality, the keeping quality and presentation in the package.

The ratio of the minimum/maximum diameter of the fruit measured at the equatorial section must be 0,8 or greater.

(ii) Class I U.K.

Kiwifruit in this class must be of good quality. It must be characteristic of the variety.

The fruit must be firm and the flesh must be perfectly sound.

The following slight defects, however, may be allowed provided these do not affect the general appearance of the produce, the quality, the keeping quality and presentation in the package:

• a slight defect in shape (but free of swelling or malformations),

• slight defects in colouring,

• slight skin defects, provided the total area affected does not exceed 1 cm ² ,

• small ‘Hayward mark’ like longitudinal lines and without protuberance.

The ratio of the minimum/maximum diameter of the fruit measured at the equatorial section must be 0,7 or greater.

(iii) Class II U.K.

This class includes kiwifruit that does not qualify for inclusion in the higher classes, but satisfies the minimum requirements specified above.

The fruit must be reasonably firm and the flesh should not show any serious defects.

The following defects may be allowed provided the kiwifruit retains its essential characteristics as regards the quality, the keeping quality and presentation:

• defects in shape,

• defects in colouring,

• skin defects such as small healed cuts or scarred/grazed tissue, provided that the total area affected does not exceed 2 cm ² ,

• several more pronounced ‘Hayward marks’ with a slight protuberance,

• slight bruising.

III. PROVISIONS CONCERNING SIZING U.K.

Size is determined by the weight of the fruit.

The minimum weight for ‘Extra’ Class is 90 g, for Class I is 70 g and for Class II is 65 g.

To ensure uniformity in size, the range in size between produce in the same package shall not exceed:

• 10 g for fruit of weight up to 85 g,

• 15 g for fruit weighing between 85 g and 120 g,

• 20 g for fruit weighing between 120 g and 150 g,

• 40 g for fruit weighing 150 g or more.

IV. PROVISIONS CONCERNING TOLERANCES U.K.

At all marketing stages, tolerances in respect of quality and size shall be allowed in each lot for produce not satisfying the requirements of the class indicated.

A. Quality tolerances U.K.

(i) ‘ Extra ’ Class U.K.

A total tolerance of 5 per cent, by number or weight, of kiwifruit not satisfying the requirements of the class but meeting those of Class I is allowed. Within this tolerance not more than 0,5 per cent in total may consist of produce satisfying the requirements of Class II quality.

(ii) Class I U.K.

A total tolerance of 10 per cent, by number or weight, of kiwifruit not satisfying the requirements of the class but meeting those of Class II is allowed. Within this tolerance not more than 1 per cent in total may consist of produce satisfying neither the requirements of Class II quality nor the minimum requirements, or of produce affected by decay.

(iii) Class II U.K.

A total tolerance of 10 per cent, by number or weight, of kiwifruit satisfying neither the requirements of the class nor the minimum requirements is allowed. Within this tolerance not more than 2 per cent in total may consist of produce affected by decay.

B. Size tolerances U.K.

For all classes: a total tolerance of 10 %, by number or weight, of kiwifruit not satisfying the requirements as regards sizing is allowed.

However, the kiwifruit must not weigh less than 85 g in ‘Extra’ Class, 67 g in Class I and 62 g in Class II.

V. PROVISIONS CONCERNING PRESENTATION U.K.

A. Uniformity U.K.

The contents of each package must be uniform and contain only kiwifruit of the same origin, variety, quality and size.

The visible part of the contents of the package must be representative of the entire contents.

B. Packaging U.K.

The kiwifruit must be packed in such a way as to protect the produce properly.

The materials used inside the package must be clean and of a quality such as to avoid causing any external or internal damage to the produce. The use of materials, particularly of paper or stamps, bearing trade specifications is allowed, provided the printing or labelling has been done with non-toxic ink or glue.

Stickers individually affixed to the produce shall be such that, when removed, they neither leave visible traces of glue, nor lead to skin defects. Information lasered on single fruit should not lead to flesh or skin defects.

Packages must be free of all foreign matter.

VI. PROVISIONS CONCERNING MARKING U.K.

Each package(23) must bear the following particulars, in letters grouped on the same side, legibly and indelibly marked, and visible from the outside:

A. Identification U.K.

Name and physical address of the packer and/or the dispatcher (for example street/city/region/postal code and, if different from the country of origin, the country).

This mention may be replaced:

• for all packages with the exception of pre-packages, by the officially issued or accepted code mark representing the packer and/or the dispatcher, indicated in close connection with the reference ‘Packer and/or Dispatcher’ (or equivalent abbreviations). The code mark shall be preceded by the ISO 3166 (alpha) country/area code of the recognising country, if not the country of origin;

• for pre-packages only, by the name and the address of a seller established within the [F116 United Kingdom (or, until the end of the period [F119 beginning with 30 September 2022 and ending with 31 December 2023], within the United Kingdom or the EU)] indicated in close connection with the mention ‘Packed for:’ or an equivalent mention. In this case, the labelling shall also include a code representing the packer and/or the dispatcher. The seller shall give all information deemed necessary by the inspection body as to the meaning of this code.

Textual Amendments

F119 Words in Annex 1 Pt. B Pt. 3 point 6(A) substituted (S.) (30.9.2022) by The Food Information (Transitional Provisions) (Miscellaneous Amendments) (Scotland) Regulations 2022 (S.S.I. 2022/265), regs. 1(1), 4(3)(b)(iii); substituted (E.) (30.9.2022) by The Food Information (Amendment of Transitional Provisions) (England) Regulations 2022 (S.I. 2022/938), regs. 1(1), 13(3)(b); and substituted (W.) by The Food Information (Amendment of Transitional Provisions) (Wales) Regulations 2022 (S.I. 2022/939), regs. 1(2), 13(3)(b)

B. Nature of produce U.K.

• ‘Kiwifruit’ and/or ‘Actinidia’, if the contents are not visible from the outside.

• Name of the variety (optional).

• Flesh colour or equivalent indication, if not green.

C. Origin of produce U.K.

Country of origin(24) and, optionally, district where grown, or national, regional or local place name.

D. Commercial specifications U.K.

• Class.

• Size expressed by the minimum and maximum weight of the fruit.

• Number of fruits (optional).

E. Official control mark (optional) U.K.

Packages need not bear the particulars mentioned in the first subparagraph, when they contain sales packages, clearly visible from the outside, and all bearing these particulars. These packages shall be free from any indications such as could mislead. When these packages are palletised, the particulars shall be given on a notice placed in an obvious position on at least two sides of the pallet.

PART 4: U.K. MARKETING STANDARD FOR LETTUCES, CURLED-LEAVED ENDIVES AND BROAD-LEAVED (BATAVIAN) ENDIVES

I. DEFINITION OF PRODUCE U.K.

This standard applies to

• lettuces of varieties (cultivars) grown from:

  • Lactuca sativa var. capitata L. (head lettuces including crisphead and ‘Iceberg’ type lettuces),

  • Lactuca sativa var. longifolia Lam. (cos or romaine lettuces),

  • Lactuca sativa var. crispa L. (leaf lettuces),

  • crosses of these varieties and

• curled-leaved endives of varieties (cultivars) grown from Cichorium endivia var. crispum Lam. and

• broad-leaved (Batavian) endives (escaroles) of varieties (cultivars) grown from Cichorium endivia var. latifolium Lam.

to be supplied fresh to the consumer.

This standard does not apply to produce for industrial processing, produce presented as individual leaves, lettuces with root ball or lettuces in pots.

II. PROVISIONS CONCERNING QUALITY U.K.

The purpose of the standard is to define the quality requirements for produce, after preparation and packaging.

However, at stages following dispatch products may show in relation to the requirements of the standard:

• a slight lack of freshness and turgidity,

• a slight deterioration due to their development and their tendency to perish.

A. Minimum requirements U.K.

In all classes, subject to the special provisions for each class and the tolerances allowed, the produce must be:

• intact,

• sound; produce affected by rotting or deterioration such as to make it unfit for consumption is excluded,

• clean and trimmed, i.e. practically free from all earth or other growing medium and practically free of any visible foreign matter,

• fresh in appearance,

• practically free from pests,

• practically free from damage caused by pests,

• turgescent,

• not running to seed,

• free of abnormal external moisture,

• free of any foreign smell and/or taste.

In the case of lettuce, a reddish discolouration, caused by low temperature during growth, is allowed, unless it seriously affects the appearance of the lettuce.

The roots must be cut close to the base of the outer leaves and the cut must be neat.

The produce must be of normal development. The development and condition of the produce must be such as to enable it:

• to withstand transportation and handling, and

• to arrive in a satisfactory condition at the place of destination.

B. Classification U.K.

The produce is classified in two classes, as defined below:

(i) Class I U.K.

Produce in this class must be of good quality. It must be characteristic of the variety and/or commercial type.

The produce must also be:

• well formed,

• firm, taking into account the cultivation methods and the type of produce,

• free from damage or deterioration impairing edibility,

• free from frost damage.

Head lettuces must have a single well-formed heart. However, in the case of head lettuces grown under protection, the heart may be small.

Cos lettuces must have a heart, which may be small.

The centre of curled-leaved endives and broad-leaved (Batavian) endives must be yellow in colour.

(ii) Class II U.K.

This class includes produce which do not qualify for inclusion in Class I, but satisfy the minimum requirements specified above.

The produce must be:

• reasonably well-formed,

• free from damage and deterioration which may seriously impair edibility.

The following defects may be allowed provided the produce retains its essential characteristics as regards the quality, the keeping quality and presentation:

• slight discolouration,

• slight damage caused by pests.

Head lettuces must have a heart, which may be small. However, in the case of head lettuces grown under protection, absence of heart is permissible.

Cos lettuces may show no heart.

III. PROVISIONS CONCERNING SIZING U.K.

Size is determined by the weight of one unit.

To ensure uniformity in size, the range in size between produce in the same package shall not exceed:

(a)

Lettuces

• 40 g when the lightest unit weighs less than 150 g per unit,

• 100 g when the lightest unit weighs between 150 g and 300 g per unit,

• 150 g when the lightest unit weighs between 300 g and 450 g per unit,

• 300 g when the lightest unit weighs more than 450 g per unit.

(b)

Curled-leaved and broad-leaved (Batavian) endives

• 300 g.

IV. PROVISIONS CONCERNING TOLERANCES U.K.

At all marketing stages, tolerances in respect of quality and size shall be allowed in each lot for produce not satisfying the requirements of the class indicated.

A. Quality tolerances U.K.

(i) Class I U.K.

A total tolerance of 10 per cent, by number, of produce not satisfying the requirements of the class, but meeting those of Class II is allowed. Within this tolerance not more than 1 per cent in total may consist of produce satisfying neither the requirements of Class II quality nor the minimum requirements, or of produce affected by decay.

(ii) Class II U.K.

A total tolerance of 10 per cent, by number, of produce satisfying neither the requirements of the class nor the minimum requirements is allowed. Within this tolerance not more than 2 per cent in total may consist of produce affected by decay.

B. Size tolerances U.K.

For all classes: a total tolerance of 10 per cent, by number, of produce not satisfying the requirements as regards sizing is allowed.

V. PROVISIONS CONCERNING PRESENTATION U.K.

A. Uniformity U.K.

The contents of each package must be uniform and contain only produce of the same origin, variety or commercial type, quality and size.

However, a mixture of lettuces and/or endives of distinctly different, varieties, commercial types and/or colours may be packed together in a package, provided they are uniform in quality and, for each variety, commercial type and/or colour, in origin. Uniformity in size is not required.

The visible part of the contents of the package must be representative of the entire contents.

B. Packaging U.K.

The produce must be packed in such a way as to protect it properly. It must be reasonably packed having regard to the size and type of packaging, without empty spaces or crushing.

The materials used inside the package must be clean and of a quality such as to avoid causing any external or internal damage to the produce. The use of materials, particularly paper or stamps bearing trade specifications is allowed, provided the printing or labelling has been done with non-toxic ink or glue.

Packages must be free of all foreign matter.

VI. PROVISIONS CONCERNING MARKING U.K.

Each package(25) must bear the following particulars in letters grouped on the same side, legibly and indelibly marked, and visible from the outside:

A. Identification U.K.

Name and physical address of the packer and/or the dispatcher (for example street/city/region/postal code and, if different from the country of origin, the country).

This mention may be replaced:

• for all packages with the exception of pre-packages, by the officially issued or accepted code mark representing the packer and/or the dispatcher, indicated in close connection with the reference ‘Packer and/or Dispatcher’ (or equivalent abbreviations). The code mark shall be preceded by the ISO 3166 (alpha) country/area code of the recognising country, if not the country of origin;

• for pre-packages only, by the name and the address of a seller established within the [F116 United Kingdom (or, until the end of the period [F120 beginning with 30 September 2022 and ending with 31 December 2023], within the United Kingdom or the EU)] indicated in close connection with the mention ‘Packed for:’ or an equivalent mention. In this case, the labelling shall also include a code representing the packer and/or the dispatcher. The seller shall give all information deemed necessary by the inspection body as to the meaning of this code.

Textual Amendments

F120 Words in Annex 1 Pt. B Pt. 4 point 6(A) substituted (S.) (30.9.2022) by The Food Information (Transitional Provisions) (Miscellaneous Amendments) (Scotland) Regulations 2022 (S.S.I. 2022/265), regs. 1(1), 4(3)(b)(iv); substituted (E.) (30.9.2022) by The Food Information (Amendment of Transitional Provisions) (England) Regulations 2022 (S.I. 2022/938), regs. 1(1), 13(3)(b); and substituted (W.) by The Food Information (Amendment of Transitional Provisions) (Wales) Regulations 2022 (S.I. 2022/939), regs. 1(2), 13(3)(b)

B. Nature of produce U.K.

• ‘Lettuces’, ‘butterhead lettuces’, ‘batavia’, ‘crisphead lettuces (Iceberg)’, ‘cos lettuces’, ‘leaf lettuce’ (or, for example and where appropriate, ‘Oak leaf’, ‘Lollo bionda’, ‘Lollo rossa’),‘curled-leaved endives’, ‘broad-leaved (Batavian) endives’, or equivalent denomination if the contents are not visible from the outside.

• ‘Grown under protection’, or equivalent denomination where appropriate.

• Name of the variety (optional).

• ‘Mixture of lettuces/endives’, or equivalent denomination in the case of a mixture of lettuces and/or endives of distinctly different varieties, commercial types and/or colours. If the produce is not visible from the outside, the varieties, commercial types and/or colours, and the quantity of each in the package must be indicated.

C. Origin of produce U.K.

• Country of origin(26) and, optionally, district where grown, or national, regional or local place name.

• In the case of a mixture of lettuces and/or endives of distinctly different varieties, commercial types and/or colours of different origins, the indication of each country of origin shall appear next to the name of the variety, commercial type and/or colour concerned.

D. Commercial specifications U.K.

• Class

• Size, expressed by the minimum weight per unit, or number of units

E. Official control mark (optional) U.K.

Packages need not to bear the particulars mentioned in the first subparagraph, when they contain sales packages, clearly visible from the outside, and all bearing these particulars. These packages shall be free from any indications such as could mislead. When these packages are palletised, the particulars shall be given on a notice placed in an obvious position on at least two sides of the pallet.

PART 5: U.K. MARKETING STANDARD FOR PEACHES AND NECTARINES

I. DEFINITION OF PRODUCE U.K.

This standard applies to peaches and nectarines of varieties (cultivars) grown from Prunus persica Sieb. and Zucc., to be supplied fresh to the consumer, peaches and nectarines for industrial processing being excluded.

II. PROVISIONS CONCERNING QUALITY U.K.

The purpose of the standard is to define the quality requirements for peaches and nectarines, after preparation and packaging.

However, at stages following dispatch products may show in relation to the requirements of the standard:

• a slight lack of freshness and turgidity,

• for products graded in classes other than the ‘Extra’ Class, a slight deterioration due to their development and their tendency to perish.

A. Minimum requirements U.K.

In all classes, subject to the special provisions for each class and the tolerances allowed, peaches and nectarines must be:

• intact,

• sound; produce affected by rotting or deterioration such as to make it unfit for consumption is excluded,

• clean, practically free of any visible foreign matter,

• practically free from pests,

• free from damage caused by pests affecting the flesh,

• free of fruit split at the stalk cavity,

• free of abnormal external moisture,

• free of any foreign smell and/or taste.

The development and condition of peaches and nectarines must be such as to enable them:

• to withstand transportation and handling, and

• to arrive in satisfactory condition at the place of destination.

B. Maturity requirements U.K.

The fruit must be sufficiently developed and display satisfactory ripeness. The minimum refractometric index of the flesh should be greater than or equal to 8° Brix(27).

C. Classification U.K.

Peaches and nectarines are classified into three classes, as defined below:

(i) ‘ Extra ’ Class U.K.

Peaches and nectarines in this class must be of a superior quality. They must be characteristic of the variety.

The flesh must be perfectly sound.

They must be free from defects with the exception of very slight superficial defects, provided that these do not affect the general appearance of the produce, the quality, the keeping quality and presentation in the package.

(ii) Class I U.K.

Peaches and nectarines in this class must be of good quality. They must be characteristic of the variety. The flesh must be perfectly sound.

The following slight defects, however, may be allowed provided these do not affect the general appearance of the produce, the quality, the keeping quality and presentation in the package:

• a slight defect in shape,

• a slight defect in development,

• slight defects in colouring,

• slight pressure marks not exceeding 1cm ² in total surface area,

• slight skin defects which must not extend over more than:

  • 1,5 cm in length for defects of elongated shape,

  • 1 cm ² in total surface area for other defects.

(iii) Class II U.K.

This class includes peaches and nectarines which do not qualify for inclusion in the higher classes, but satisfy the minimum requirements specified above.

The flesh must be free from major defects.

The following defects may be allowed provided the peaches and nectarines retain their essential characteristics as regards the quality, the keeping quality and presentation:

• defects in shape,

• defects in development, including split stones, provided the fruit is closed and the flesh is sound,

• defects in colouring,

• bruises which may be slightly discoloured and not exceeding 2 cm ² in total surface area,

• skin defects which must not extend over more than

  • 2,5 cm in length for defects of elongated shape,

  • 2 cm ² in total surface area for other defects.

III. PROVISIONS CONCERNING SIZING U.K.

Size is determined either by the maximum diameter of the equatorial section, by weight, or by count.

The minimum size shall be:

• 56 mm or 85 g in Class ‘Extra’,

• 51 mm or 65 g in Classes I and II.

However, fruit below 56 mm or 85 g, is not marketed in the period from 1 July to 31 October (northern hemisphere) and from 1 January to 30 April (southern hemisphere).

The following provisions are optional for Class II.

To ensure uniformity in size, the range in size between produce in the same package shall not exceed:

(a)

For fruit sized by diameter:

• 5 mm for fruit below 70 mm,

• 10 mm for fruit of 70 mm and more.

(b)

For fruit sized by weight:

• 30 g for fruit below 180 g,

• 80 g for fruit of 180 g and more.

(c)

For fruit sized by count, the difference in size should be consistent with (a) or (b).

If size codes are applied, those in the table below have to be respected.

	code	Diameter			weight
		from	To		from	to
		(mm)	(mm)		(g)	(g)
1	D	51	56	or	65	85
2	C	56	61		85	105
3	B	61	67		105	135
4	A	67	73		135	180
5	AA	73	80		180	220
6	AAA	80	90		220	300
7	AAAA	> 90			> 300

IV. PROVISIONS CONCERNING TOLERANCES U.K.

At all marketing stages, tolerances in respect of quality and size shall be allowed in each lot for produce not satisfying the requirements for the class indicated.

A. Quality tolerances U.K.

(i) ‘ Extra ’ Class U.K.

A total tolerance of 5 per cent, by number or weight, of peaches or nectarines not satisfying the requirements of the class, but meeting those of class I is allowed. Within this tolerance not more than 0,5 per cent in total may consist of produce satisfying the requirements of Class II quality.

(ii) Class I U.K.

A total tolerance of 10 per cent, by number or weight, of peaches or nectarines not satisfying the requirements of the class, but meeting those of class II is allowed. Within this tolerance not more than 1 per cent in total may consist of produce satisfying neither the requirements of Class II quality nor the minimum requirements, or of produce affected by decay.

(iii) Class II U.K.

A total tolerance of 10 per cent, by number or weight, of peaches or nectarines satisfying neither the requirements of the class nor the minimum requirements is allowed. Within this tolerance not more than 2 per cent in total may consist of produce affected by decay.

B. Size tolerances U.K.

For all classes (if sized): a total tolerance of 10 per cent, by number or weight, of peaches or nectarines not satisfying the requirements as regards sizing is allowed.

V. PROVISIONS CONCERNING PRESENTATION U.K.

A. Uniformity U.K.

The contents of each package must be uniform and contain only peaches or nectarines of the same origin, variety, quality, degree of ripeness and size (if sized), and for the ‘Extra’ Class, the contents must also be uniform in colouring.

The visible part of the contents of the package must be representative of the entire contents.

B. Packaging U.K.

The peaches or nectarines must be packed in such a way as to protect the produce properly.

The materials used inside the package must be clean and of a quality such as to avoid causing any external or internal damage to the produce. The use of materials, particularly of paper or stamps bearing trade specifications is allowed provided the printing or labelling has been done with non-toxic ink or glue.

Stickers individually affixed to the produce shall be such that, when removed, they neither leave visible traces of glue, nor lead to skin defects. Information lasered on single fruit should not lead to flesh or skin defect.

Packages must be free of all foreign matter.

VI. PROVISIONS CONCERNING MARKING U.K.

Each package(28) must bear the following particulars in letters grouped on the same side, legibly and indelibly marked and visible from the outside:

A. Identification U.K.

Name and physical address of the packer and/or the dispatcher (for example street/city/region/postal code and, if different from the country of origin, the country).

This mention may be replaced:

• for all packages with the exception of pre-packages, by the officially issued or accepted code mark representing the packer and/or the dispatcher, indicated in close connection with the reference ‘Packer and/or dispatcher’ (or equivalent abbreviations). The code mark shall be preceded by the ISO 3166 (alpha) country/area code of the recognising country, if not the country of origin;

• for pre-packages only, by the name and the address of a seller established within the [F116 United Kingdom (or, until the end of the period [F121 beginning with 30 September 2022 and ending with 31 December 2023], within the United Kingdom or the EU)] indicated in close connection with the mention ‘Packed for:’ or an equivalent mention. In this case, the labelling shall also include a code representing the packer and/or the dispatcher. The seller shall give all information deemed necessary by the inspection body as to the meaning of this code.

Textual Amendments

F121 Words in Annex 1 Pt. B Pt. 5 point 6(A) substituted (S.) (30.9.2022) by The Food Information (Transitional Provisions) (Miscellaneous Amendments) (Scotland) Regulations 2022 (S.S.I. 2022/265), regs. 1(1), 4(3)(b)(v); substituted (E.) (30.9.2022) by The Food Information (Amendment of Transitional Provisions) (England) Regulations 2022 (S.I. 2022/938), regs. 1(1), 13(3)(b); and substituted (W.) by The Food Information (Amendment of Transitional Provisions) (Wales) Regulations 2022 (S.I. 2022/939), regs. 1(2), 13(3)(b)

B. Nature of produce U.K.

• ‘Peaches’ or ‘Nectarines’, if the contents are not visible from the outside.

• Colour of the flesh.

• Name of the variety (optional).

C. Origin of produce U.K.

Country of origin(29) and, optionally, district where grown, or national, regional or local place name.

D. Commercial specifications U.K.

• Class.

• Size (if sized) expressed as minimum and maximum diameters (in mm) or minimum and maximum weights (in g) or as size code.

• Number of units (optional).

E. Official control mark (optional) U.K.

Packages need not to bear the particulars mentioned in the first subparagraph, when they contain sales packages, clearly visible from the outside, and all bearing these particulars. These packages shall be free from any indications such as could mislead. When these packages are palletised, the particulars shall be given on a notice placed in an obvious position on at least two sides of the pallet.

PART 6: U.K. MARKETING STANDARD FOR PEARS

I. DEFINITION OF PRODUCE U.K.

This standard applies to pears of varieties (cultivars) grown from Pyrus communis L. to be supplied fresh to the consumer, pears for industrial processing being excluded.

II. PROVISIONS CONCERNING QUALITY U.K.

The purpose of the standard is to define the quality requirements for pears, after preparation and packaging.

However, at stages following dispatch products may show in relation to the requirements of the standard:

• a slight lack of freshness and turgidity,

• for products graded in classes other than the ‘Extra’ Class, a slight deterioration due to their development and their tendency to perish.

A. Minimum requirements U.K.

In all classes, subject to the special provisions for each class and the tolerances allowed, pears must be:

• intact,

• sound; produce affected by rotting or deterioration such as to make it unfit for consumption is excluded,

• clean, practically free of any visible foreign matter,

• practically free from pests,

• free from damage caused by pests affecting the flesh,

• free of abnormal external moisture,

• free of any foreign smell and/or taste.

The development and condition of the pears must be such as to enable them:

• to withstand transportation and handling, and

• to arrive in satisfactory condition at the place of destination.

B. Maturity requirements U.K.

The development and state of maturity of the pears must be such as to enable them to continue their ripening process and to reach the degree of ripeness required in relation to the varietal characteristics.

C. Classification U.K.

Pears are classified in three classes, as defined below:

(i) ‘ Extra ’ Class U.K.

Pears in this class must be of superior quality. They must be characteristic of the variety(30).

The flesh must be perfectly sound, and the skin free from rough russeting.

They must be free from defects with the exception of very slight superficial defects provided these do not affect the general appearance of the fruit, the quality, the keeping quality and presentation in the package.

The stalk must be intact.

Pears must not be gritty.

(ii) Class I U.K.

Pears in this class must be of good quality. They must be characteristic of the variety.(31)

The flesh must be perfectly sound.

The following slight defects, however, may be allowed, provided these do not affect the general appearance of the produce, the quality, the keeping quality and presentation in the package:

• a slight defect in shape,

• a slight defect in development,

• slight defects in colouring,

• very slight rough russeting,

• slight skin defects which must not extend over more than:

  • 2 cm in length for defects of elongated shape,

  • 1 cm ² of total surface area for other defects, with the exception of scab ( Venturia pirina and V. inaequalis ), which must not extend over more than 0,25 cm ² cumulative in area.

• slight bruising not exceeding 1 cm ² in area.

The stalk may be slightly damaged.

Pears must not be gritty.

(iii) Class II U.K.

This class includes pears that do not qualify for inclusion in the higher classes but satisfy the minimum requirements specified above.

The flesh must be free from major defects.

The following defects may be allowed provided the pears retain their essential characteristics as regards the quality, the keeping quality and presentation.

• defects in shape,

• defects in development,

• defects in colouring,

• slight rough russeting,

• skin defects which must not extend over more than:

  • 4 cm in length for defects of elongated shape,

  • 2,5 cm ² of total surface area for other defects, with the exception of scab ( Venturia pirina and V. inaequalis ), which must not extend over more than 1 cm ² cumulative in area,

  • slight bruising not exceeding 2 cm ² in area.

III. PROVISIONS CONCERNING SIZING U.K.

Size is determined by maximum diameter of the equatorial section or by weight.

The minimum size shall be:

(a)

For fruit sized by diameter:

	‘Extra’	Class I	Class II
Large-fruited varieties	60 mm	55 mm	55 mm
Other varieties	55 mm	50 mm	45 mm

(b)

For fruit sized by weight:

	‘Extra’	Class I	Class II
Large-fruited varieties	130 g	110 g	110 g
Other varieties	110 g	100 g	75 g

Summer pears included in the appendix to this standard do not have to respect the minimum size.

To ensure the uniformity in size, the range in size between produce in the same package shall not exceed:

(a)

For fruit sized by diameter:

• 5 mm for ‘Extra’ Class fruit and for Class I and II fruit packed in rows and layers

• 10 mm for Class I fruit packed in sales packages or loose in the package.

(b)

For fruit sized by weight:

• for ‘Extra’ Class fruit and Class I and II fruit packed in rows and layers:

  Range (g)	Weight difference (g)
  75 – 100	15
  100 – 200	35
  200 – 250	50
  > 250	80

• for Class I fruit packed in sales packages or loose in the package:

  Range (g)	Weight difference (g)
  100 – 200	50
  > 200	100

There is no sizing uniformity limit for Class II fruit packed in sales packages or loose in the package.

IV. PROVISIONS CONCERNING TOLERANCES U.K.

At all marketing stages, tolerances in respect of quality and size shall be allowed in each lot for produce not satisfying the requirements of the class indicated.

A. Quality tolerances U.K.

(i) ‘ Extra ’ Class U.K.

A total tolerance of 5 per cent, by number or weight, of pears not satisfying the requirements of the class but meeting those of Class I is allowed. Within this tolerance not more than 0,5 per cent in total may consist of produce satisfying the requirements of Class II quality.

(ii) Class I U.K.

A total tolerance of 10 per cent, by number or weight, of pears not satisfying the requirements of the class but meeting those of Class II is allowed. Within this tolerance not more than 1 per cent in total may consist of produce satisfying neither the requirements of Class II quality nor the minimum requirements, or of produce affected by decay.

(iii) Class II U.K.

A total tolerance of 10 per cent, by number or weight, of pears satisfying neither the requirements of the class nor the minimum requirements is allowed. Within this tolerance not more than 2 per cent in total may consist of produce affected by decay.

B. Size tolerances U.K.

For all classes: a total tolerance of 10 per cent, by number or weight, of pears not satisfying the requirements as regards sizing is allowed. This tolerance may not be extended to include produce with a size:

• 5 mm or more below the minimum diameter

• 10 g or more below the minimum weight.

V. PROVISIONS CONCERNING PRESENTATION U.K.

A. Uniformity U.K.

The contents of each package must be uniform and contain only pears of the same origin, variety, quality, and size (if sized) and the same degree of ripeness.

In the case of the ‘Extra’ Class, uniformity also applies to colouring.

However, a mixture of pears of distinctly different varieties may be packed together in a sales package, provided they are uniform in quality and, for each variety concerned, in origin. Uniformity in size is not required.

The visible part of the contents of the package must be representative of the entire contents.

B. Packaging U.K.

Pears must be packed in such a way as to protect the produce properly.

The materials used inside the package must be clean and of a quality such as to avoid causing any external or internal damage to the produce. The use of materials, particularly of paper or stamps bearing trade specifications is allowed provided the printing or labelling has been done with non-toxic ink or glue.

Stickers individually affixed on the produce shall be such that, when removed, they neither leave visible traces of glue, nor lead to skin defects. Information lasered on single fruit should not lead to flesh or skin defects.

Packages must be free of all foreign matter.

VI. PROVISIONS CONCERNING MARKING U.K.

Each package(32) must bear the following particulars, in letters grouped on the same side, legibly and indelibly marked, and visible from the outside.

A. Identification U.K.

Name and physical address of the packer and/or the dispatcher (for example street/city/region/postal code and, if different from the country of origin, the country).

This mention may be replaced:

• for all packages with the exception of pre-packages, by the officially issued or accepted code mark representing the packer and/or the dispatcher, indicated in close connection with the reference ‘Packer and/or Dispatcher’ (or equivalent abbreviations). The code mark shall be preceded by the ISO 3166 (alpha) country/area code of the recognising country, if not the country of origin;

• for pre-packages only, by the name and the address of a seller established within the [F116 United Kingdom (or, until the end of the period [F122 beginning with 30 September 2022 and ending with 31 December 2023], within the United Kingdom or the EU)] indicated in close connection with the mention ‘Packed for:’ or an equivalent mention. In this case, the labelling shall also include a code representing the packer and/or the dispatcher. The seller shall give all information deemed necessary by the inspection body as to the meaning of this code.

Textual Amendments

F122 Words in Annex 1 Pt. B Pt. 6 point 6(A) substituted (S.) (30.9.2022) by The Food Information (Transitional Provisions) (Miscellaneous Amendments) (Scotland) Regulations 2022 (S.S.I. 2022/265), regs. 1(1), 4(3)(b)(vi); substituted (E.) (30.9.2022) by The Food Information (Amendment of Transitional Provisions) (England) Regulations 2022 (S.I. 2022/938), regs. 1(1), 13(3)(b); and substituted (W.) by The Food Information (Amendment of Transitional Provisions) (Wales) Regulations 2022 (S.I. 2022/939), regs. 1(2), 13(3)(b)

B. Nature of produce U.K.

• ‘Pears’, if the contents of the package are not visible from the outside.

• Name of the variety. In the case of a mixture of pears of distinctly different varieties, names of the different varieties.

• The name of the variety may be replaced by a synonym. A trade name(33) may only be given in addition to the variety or the synonym.

C. Origin of produce U.K.

Country of origin(34) and, optionally, district where grown, or national, regional or local place name.

In the case of a mixture of distinctly different varieties of pears of different origins, the indication of each country of origin shall appear next to the name of the variety concerned.

D. Commercial specifications U.K.

• Class.

• Size, or for fruit packed in rows and layers, number of units.

If identification is by the size, this should be expressed:

(a)

for produce subject to the uniformity rules, as minimum and maximum diameters or minimum and maximum weights,

(b)

optionally, for produce not subject to the uniformity rules, as the diameter or the weight of the smallest fruit in the package followed by ‘and over’ or equivalent denomination or, where appropriate, the diameter or the weight of the largest fruit in the package.

E. Official control mark (optional) U.K.

Packages need not to bear the particulars mentioned in the first subparagraph, when they contain sales packages, clearly visible from the outside, and all bearing these particulars. These packages shall be free from any indications such as could mislead. When these packages are palletised, the particulars shall be given on a notice placed in an obvious position on at least two sides of the pallet.

Appendix U.K.

Non-exhaustive list of large-fruited and summer pear varieties U.K.

Small-fruited and other varieties which do not appear in the table may be marketed as long as they meet the size requirements for other varieties as described in Section III of the standard.

Some of the varieties listed in the following table may be marketed under names for which trade mark protection has been sought or obtained in one or more countries. The first and second columns of the table do not intend to include such trade marks. References to known trade marks have been included in the third column for information only.

Legend:

L

=

Large-fruited variety

SP

=

Summer pear, for which no minimum size is required.

Variety	Synonyms	Trade marks	Size
Abbé Fétel	Abate Fetel		L
Abugo o Siete en Boca			SP
AkVa			SP
Alka			L
Alsa			L
Amfora			L
Alexandrine Douillard			L
Bambinella			SP
Bergamotten			SP
Beurré Alexandre Lucas	Lucas		L
Beurré Bosc	Bosc, Beurré d'Apremont, Empereur Alexandre, Kaiser Alexander		L
Beurré Clairgeau			L
Beurré d'Arenberg	Hardenpont		L
Beurré Giffard			SP
Beurré précoce Morettini	Morettini		SP
Blanca de Aranjuez	Agua de Aranjuez, Espadona, Blanquilla		SP
Carusella			SP
Castell	Castell de Verano		SP
Colorée de Juillet	Bunte Juli		SP
Comice rouge			L
Concorde			L
Condoula			SP
Coscia	Ercolini		SP
Curé	Curato, Pastoren, Del cura de Ouro, Espadon de invierno, Bella de Berry, Lombardia de Rioja, Batall de Campana		L
D'Anjou			L
Dita			L
D. Joaquina	Doyenné de Juillet		SP
Doyenné d'hiver	Winterdechant		L
Doyenné du Comice	Comice, Vereinsdechant		L
Erika			L
Etrusca			SP
Flamingo			L
Forelle			L
Général Leclerc		Amber Grace ™	L
Gentile			SP
Golden Russet Bosc			L
Grand champion			L
Harrow Delight			L
Jeanne d'Arc			L
Joséphine			L
Kieffer			L
Klapa Mīlule			L
Leonardeta	Mosqueruela, Margallon, Colorada de Alcanadre, Leonarda de Magallon		SP
Lombacad		Cascade ®	L
Moscatella			SP
Mramornaja			L
Mustafabey			SP
Packham's Triumph	Williams d'Automne		L
Passe Crassane	Passa Crassana		L
Perita de San Juan			SP
Pérola			SP
Pitmaston	Williams Duchesse		L
Précoce de Trévoux	Trévoux		SP
Président Drouard			L
Rosemarie			L
Santa Maria	Santa Maria Morettini		SP
Spadoncina	Agua de Verano, Agua de Agosto		SP
Suvenirs			L
Taylors Gold			L
Triomphe de Vienne			L
Vasarine Sviestine			L
Williams Bon Chrétien	Bon Chrétien, Bartlett, Williams, Summer Bartlett		L

PART 7: U.K. MARKETING STANDARD FOR STRAWBERRIES

I. DEFINITION OF PRODUCE U.K.

This standard applies to strawberries of varieties (cultivars) grown from the genus Fragaria L. to be supplied fresh to the consumer, strawberries for industrial processing being excluded.

II. PROVISIONS CONCERNING QUALITY U.K.

The purpose of the standard is to define the quality requirements for strawberries, after preparation and packaging.

However, at stages following dispatch products may show in relation to the requirements of the standard:

• a slight lack of freshness and turgidity,

• for products graded in classes other than the ‘Extra’ Class, a slight deterioration due to their development and their tendency to perish.

A. Minimum requirements U.K.

In all classes, subject to the special provisions for each class and the tolerances allowed, the strawberries must be:

• intact, undamaged,

• sound; produce affected by rotting or deterioration such as to make it unfit for consumption is excluded,

• clean, practically free of any visible foreign matter,

• fresh in appearance, but not washed,

• practically free from pests,

• practically free from damage caused by pests,

• with the calyx (except in the case of wood strawberries); the calyx and the stalk (if present) must be fresh and green,

• free of abnormal external moisture,

• free of any foreign smell and/or taste.

The strawberries must be sufficiently developed and display satisfactory ripeness. The development and the condition must be such as to enable them:

• to withstand transportation and handling, and

• to arrive in satisfactory condition at the place of destination.

B. Classification U.K.

The strawberries are classified in three classes, as defined below:

(i) ‘ Extra ’ Class U.K.

The strawberries in this class must be of superior quality. They must be characteristic of the variety.

They must be:

• bright in appearance, allowing for the characteristics of the variety,

• free from soil.

They must be free from defects with the exception of very slight superficial defects, provided these do not affect the general appearance of the produce, the quality, the keeping quality and presentation in the package.

(ii) Class I U.K.

Strawberries in this class must be of good quality. They must be characteristic of the variety.

The following slight defects, however, may be allowed provided these do not affect the general appearance of the produce, the quality, the keeping quality and presentation in the package:

• a slight defect in shape,

• presence of a small white patch, not exceeding one tenth of the total surface area of the fruit,

• slight superficial pressure marks.

They must be practically free from soil.

(iii) Class II U.K.

This class includes strawberries that do not qualify for inclusion in the higher classes, but satisfy the minimum requirements specified above.

The following defects may be allowed provided the strawberries retain their essential characteristics as regards the quality, the keeping quality and presentation:

• defects in shape,

• a white patch not exceeding one fifth of the total surface area of the fruit,

• slight dry bruising not likely to spread,

• slight traces of soil.

III. PROVISIONS CONCERNING SIZING U.K.

Size is determined by the maximum diameter of the equatorial section.

The minimum size shall be:

• 25 mm in ‘Extra’ Class,

• 18 mm in Classes I and II.

There is no minimum size for wood strawberries.

IV. PROVISIONS CONCERNING TOLERANCES U.K.

At all marketing stages, tolerances in respect of quality and size shall be allowed in each lot for produce not satisfying the requirements of the class indicated.

A. Quality tolerances U.K.

(i) ‘ Extra ’ Class U.K.

A total tolerance of 5 per cent, by number or weight, of strawberries not satisfying the requirements of the class but meeting those of Class I is allowed. Within this tolerance not more than 0,5 per cent in total may consist of produce satisfying the requirements of Class II quality.

(ii) Class I U.K.

A total tolerance of 10 per cent, by number or weight, of strawberries not satisfying the requirements of the class but meeting those of Class II is allowed. Within this tolerance not more than 2 per cent in total may consist of produce satisfying neither the requirements of Class II quality nor the minimum requirements, or of produce affected by decay.

(iii) Class II U.K.

A total tolerance of 10 per cent, by number or weight, of strawberries satisfying neither the requirements of the class nor the minimum requirements is allowed. Within this tolerance not more than 2 per cent in total may consist of produce affected by decay.

B. Size tolerances U.K.

For all classes: a total tolerance of 10 per cent, by number or weight, of strawberries not satisfying the requirements as regards the minimum size is allowed.

V. PROVISIONS CONCERNING PRESENTATION U.K.

A. Uniformity U.K.

The contents of each package must be uniform and contain only strawberries of the same origin, variety and quality.

In the ‘Extra’ Class, strawberries, with the exception of wood strawberries, must be particularly uniform and regular with respect to degree of ripeness, colour and size. In Class I, strawberries may be less uniform in size.

The visible part of the contents of the package must be representative of the entire contents.

B. Packaging U.K.

The strawberries must be packed in such a way as to protect the produce properly.

The materials used inside the package must be clean and of a quality such as to avoid causing any external or internal damage to the produce. The use of materials, particularly of paper or stamps bearing trade specifications is allowed provided the printing or labelling has been done with non-toxic ink or glue.

Packages must be free of all foreign matter.

VI. PROVISIONS CONCERNING MARKING U.K.

Each package(35) must bear the following particulars, in letters grouped on the same side, legibly and indelibly marked, and visible from the outside:

A. Identification U.K.

Name and physical address of the packer and/or the dispatcher (for example street/city/region/postal code and, if different from the country of origin, the country).

This mention may be replaced:

• for all packages with the exception of pre-packages, by the officially issued or accepted code mark representing the packer and/or the dispatcher, indicated in close connection with the reference ‘Packer and/or Dispatcher’ (or equivalent abbreviations). The code mark shall be preceded by the ISO 3166 (alpha) country/area code of the recognising country, if not the country of origin;

• for pre-packages only, by the name and the address of a seller established within the [F116 United Kingdom (or, until the end of the period [F123 beginning with 30 September 2022 and ending with 31 December 2023], within the United Kingdom or the EU)] indicated in close connection with the mention ‘Packed for:’ or an equivalent mention. In this case, the labelling shall also include a code representing the packer and/or the dispatcher. The seller shall give all information deemed necessary by the inspection body as to the meaning of this code.

Textual Amendments

F123 Words in Annex 1 Pt. B Pt. 7 point 6(A) substituted (S.) (30.9.2022) by The Food Information (Transitional Provisions) (Miscellaneous Amendments) (Scotland) Regulations 2022 (S.S.I. 2022/265), regs. 1(1), 4(3)(b)(vii); substituted (E.) (30.9.2022) by The Food Information (Amendment of Transitional Provisions) (England) Regulations 2022 (S.I. 2022/938), regs. 1(1), 13(3)(b); and substituted (W.) by The Food Information (Amendment of Transitional Provisions) (Wales) Regulations 2022 (S.I. 2022/939), regs. 1(2), 13(3)(b)

B. Nature of produce U.K.

• ‘Strawberries’ if the contents of the package are not visible from the outside.

• Name of the variety (optional).

C. Origin of produce U.K.

Country of origin(36) and, optionally, district where grown or national, regional or local place name.

D. Commercial specifications U.K.

• Class.

E. Official control mark (optional) U.K.

Packages need not to bear the particulars mentioned in the first subparagraph, when they contain sales packages, clearly visible from the outside, and all bearing these particulars. These packages shall be free from any indications such as could mislead. When these packages are palletised, the particulars shall be given on a notice placed in an obvious position on at least two sides of the pallet.

PART 8: U.K. MARKETING STANDARD FOR SWEET PEPPERS

I. DEFINITION OF PRODUCE U.K.

This standard applies to sweet peppers of varieties(37) (cultivars) grown from Capsicum annuum L., to be supplied fresh to the consumer, sweet peppers for industrial processing being excluded.

II. PROVISIONS CONCERNING QUALITY U.K.

The purpose of the standard is to define the quality requirements for sweet peppers, after preparation and packaging.

However, at stages following dispatch products may show in relation to the requirements of the standard:

• a slight lack of freshness and turgidity,

• for products graded in classes other than the ‘Extra’ Class, a slight deterioration due to their development and their tendency to perish.

A. Minimum requirements U.K.

In all classes, subject to the special provisions for each class and the tolerances allowed, the sweet peppers must be:

• intact,

• sound; produce affected by rotting or deterioration such as to make it unfit for consumption is excluded,

• clean, practically free of any visible foreign matter,

• fresh in appearance,

• firm,

• practically free from pests,

• free from damage caused by pests affecting the flesh,

• free of damage caused by low temperature or frost,

• with peduncles attached; the peduncle must be neatly cut and the calyx be intact,

• free of abnormal external moisture,

• free of any foreign smell and/or taste.

The development and condition of the sweet peppers must be such as to enable them to:

• withstand transport and handling, and

• arrive in satisfactory condition at the place of destination.

B. Classification U.K.

Sweet peppers are classified in three classes, as defined below:

(i) ‘ Extra ’ Class U.K.

Sweet peppers in this class must be of superior quality. They must be characteristic of the variety and/or commercial type.

They must be free from defects, with the exception of very slight superficial defects, provided these do not affect the general appearance of the produce, the quality, the keeping quality and presentation in the package.

(ii) Class I U.K.

Sweet peppers in this class must be of good quality. They must be characteristic of the variety and/or commercial type.

The following slight defects, however, may be allowed, provided these do not affect the general appearance of the produce, the quality, the keeping quality and presentation in the package:

• a slight defect in shape,

• slight silvering or damage caused by thrips covering not more than 1/3 of the total surface area,

• slight skin defects, such as:

  • pitting, scratching, sunburn, pressure marks covering in total not more than 2 cm for defects of elongated shape, and 1cm ² for other defects; or

  • dry superficial cracks covering in total not more than 1/8 of the total surface area,

• slightly damaged peduncle.

(iii) Class II U.K.

This class includes sweet peppers which do not qualify for inclusion in the higher classes but satisfy the minimum requirements specified above.

The following defects may be allowed provided the sweet peppers retain their essential characteristics as regards the quality, the keeping quality and presentation:

• defects in shape,

• silvering or damage caused by thrips covering not more than 2/3 of the total surface area,

• skin defects, such as:

  • pitting, scratching, sunburn, bruising, and healed injuries covering in total not more than 4 cm in length for defects of elongated shape and 2,5 cm ² of the total area for other defects; or

  • dry superficial cracks covering in total not more than 1/4 of the total surface area

• blossom end deterioration not more than 1 cm ² ,

• shrivelling not exceeding 1/3 of the surface,

• damaged peduncle and calyx, provided the surrounding flesh remains intact.

III. PROVISIONS CONCERNING SIZING U.K.

Size is determined by the maximum diameter of the equatorial section or by weight. To ensure uniformity in size, the range in size between produce in the same package shall not exceed:

(a)

For sweet peppers sized by diameter:

• 20 mm.

(b)

For sweet peppers sized by weight:

• 30 g where the heaviest piece weighs 180 g or less,

• 80 g where the lightest piece weighs more than 180 g but less than 260 g,

• No limit where the lightest piece weighs 260 g or more.

Elongated sweet peppers should be sufficiently uniform in length.

Uniformity in size is not compulsory for Class II.

IV. PROVISIONS CONCERNING TOLERANCES U.K.

At all marketing stages, tolerances in respect of quality and size shall be allowed in each lot for produce not satisfying the requirements of the class indicated.

A. Quality tolerances U.K.

(i) ‘ Extra ’ Class U.K.

A total tolerance of 5 per cent, by number or weight, of sweet peppers not satisfying the requirements of the class but meeting those of Class I is allowed. Within this tolerance not more than 0,5 per cent in total may consist of produce satisfying the requirements of Class II quality.

(ii) Class I U.K.

A total tolerance of 10 per cent, by number or weight, of sweet peppers not satisfying the requirements of the class, but meeting those of Class II is allowed. Within this tolerance not more than 1 per cent in total may consist of produce satisfying neither the requirements of Class II quality nor the minimum requirements or of produce affected by decay.

(iii) Class II U.K.

A total tolerance of 10 per cent, by number or weight, of sweet peppers satisfying neither the requirements of the class nor the minimum requirements is allowed. Within this tolerance not more than 2 per cent in total may consist of produce affected by decay.

B. Size tolerances U.K.

For all classes (if sized): a total tolerance of 10 per cent, by number or weight, of sweet peppers not satisfying the requirements as regards sizing is allowed.

V. PROVISIONS CONCERNING PRESENTATION U.K.

A. Uniformity U.K.

The contents of each package must be uniform and contain only sweet peppers of the same origin, variety or commercial type, quality, size (if sized) and, in the case of Classes ‘Extra’ and I, of appreciably the same degree of ripeness and colouring.

However, a mixture of sweet peppers of distinctly different commercial types and/or colours may be packed together in a package, provided they are uniform in quality, and for each commercial type and/or colour concerned, in origin. Uniformity in size is not required.

The visible part of the contents of the package must be representative of the entire contents.

B. Packaging U.K.

The sweet peppers must be packed in such a way as to protect the produce properly.

The materials used inside the package must be clean and of a quality such as to avoid causing any external or internal damage to the produce. The use of materials, particularly paper or stamps bearing trade specifications is allowed, provided the printing or labelling has been done with non-toxic ink or glue.

Stickers individually affixed on the produce shall be such that, when removed, they neither leave visible traces of glue, nor lead to skin defects. Information lasered on single fruit should not lead to flesh or skin defect.

Packages must be free of all foreign matter.

VI. PROVISIONS CONCERNING MARKING U.K.

Each package(38) must bear the following particulars, in letters grouped on the same side, legibly and indelibly marked, and visible from the outside:

A. Identification U.K.

Name and physical address of the packer and/or the dispatcher (for example street/city/region/postal code and, if different from the country of origin, the country).

This mention may be replaced:

• for all packages with the exception of pre-packages, by the officially issued or accepted code mark representing the packer and/or the dispatcher, indicated in close connection with the reference ‘Packer and/or Dispatcher’ (or equivalent abbreviations). The code mark shall be preceded by the ISO 3166 (alpha) country/area code of the recognising country, if not the country of origin;

• for pre-packages only, by the name and the address of a seller established within the [F116 United Kingdom (or, until the end of the period [F124 beginning with 30 September 2022 and ending with 31 December 2023], within the United Kingdom or the EU)] indicated in close connection with the mention ‘Packed for:’ or an equivalent mention. In this case, the labelling shall also include a code representing the packer and/or the dispatcher. The seller shall give all information deemed necessary by the inspection body as to the meaning of this code.

Textual Amendments

F124 Words in Annex 1 Pt. B Pt. 8 point 6(A) substituted (S.) (30.9.2022) by The Food Information (Transitional Provisions) (Miscellaneous Amendments) (Scotland) Regulations 2022 (S.S.I. 2022/265), regs. 1(1), 4(3)(b)(viii); substituted (E.) (30.9.2022) by The Food Information (Amendment of Transitional Provisions) (England) Regulations 2022 (S.I. 2022/938), regs. 1(1), 13(3)(b); and substituted (W.) by The Food Information (Amendment of Transitional Provisions) (Wales) Regulations 2022 (S.I. 2022/939), regs. 1(2), 13(3)(b)

B. Nature of produce U.K.

• ‘Sweet peppers’ if the contents are not visible from the outside.

• ‘Mixture of sweet peppers’, or equivalent denomination, in the case of a mixture of distinctly different commercial types and/or colours of sweet peppers. If the produce is not visible from the outside, the commercial types and/or colours and the quantity of each in the package must be indicated.

C. Origin of produce U.K.

Country of origin(39) and, optionally, district where grown or national, regional or local place name.

In the case of a mixture of distinctly different commercial types and/or colours of sweet peppers of different origins, the indication of each country of origin shall appear next to the name of the commercial type and/or colour concerned.

D. Commercial specifications U.K.

• Class.

• Size (if sized) expressed as minimum and maximum diameters or minimum and maximum weights.

• Number of units (optional).

• ‘Hot’ or equivalent denomination, where appropriate.

E. Official control mark (optional) U.K.

Packages need not to bear the particulars mentioned in the first subparagraph, when they contain sales packages, clearly visible from the outside, and all bearing these particulars. These packages shall be free from any indications such as could mislead. When these packages are palletised, the particulars shall be given on a notice placed in an obvious position on at least two sides of the pallet.

PART 9: U.K. MARKETING STANDARD FOR TABLE GRAPES

I. DEFINITION OF PRODUCE U.K.

This standard applies to table grapes of varieties (cultivars) grown from Vitis vinifera  L. to be supplied fresh to the consumer, table grapes for industrial processing being excluded.

II. PROVISIONS CONCERNING QUALITY U.K.

The purpose of the standard is to define the quality requirements for table grapes, after preparation and packaging.

However, at stages following dispatch products may show in relation to the requirements of the standard:

• a slight lack of freshness and turgidity,

• for products graded in classes other than the ‘Extra’ Class, a slight deterioration due to their development and their tendency to perish.

A. Minimum requirements U.K.

In all classes, subject to the special provisions for each class and the tolerances allowed, bunches and berries must be:

• sound; produce affected by rotting or deterioration such as to make it unfit for consumption is excluded,

• clean, practically free of any visible foreign matter,

• practically free from pests,

• practically free from damage caused by pests,

• free of abnormal external moisture,

• free of any foreign smell and/or taste.

In addition, berries must be:

• intact,

• well formed,

• normally developed.

Pigmentation due to sun is not a defect.

The development and condition of the table grapes must be such as to enable them:

• to withstand transportation and handling, and

• to arrive in satisfactory condition at the place of destination.

B. Maturity requirements U.K.

The juice of the fruit shall have a refractometric index(40) of at least:

• 12° Brix for the Alphonse Lavallée, Cardinal and Victoria varieties,

• 13° Brix for all other seeded varieties,

• 14° Brix for all seedless varieties.

In addition, all varieties must have satisfactory sugar/acidity ratio levels.

C. Classification U.K.

The table grapes are classified into three classes defined below:

(i) ‘ Extra ’ Class U.K.

Table grapes in this class must be of superior quality. They must be characteristic of the variety, allowing for the district in which they are grown.

Berries must be firm, firmly attached, evenly spaced along the stalk and have their bloom virtually intact.

They must be free from defects, with the exception of very slight superficial defects, provided these do not affect the general appearance of the produce, the quality, the keeping quality and presentation in the package.

(ii) Class I U.K.

Table grapes in this class must be of good quality. They must be characteristic of the variety, allowing for the district in which they are grown.

Berries must be firm, firmly attached and, as far as possible, have their bloom intact. They may, however, be less evenly spaced along the stalk than in the ‘Extra’ Class.

The following slight defects, however, may be allowed, provided these do not affect the general appearance of the produce, the quality, the keeping quality, and presentation in the package:

• a slight defect in shape,

• slight defects in colouring,

• very slight sun scorch affecting the skin only.

(iii) Class II U.K.

This class includes table grapes that do not qualify for inclusion in the higher classes, but satisfy the minimum requirements specified above.

The bunches may show slight defects in shape, development and colouring, provided these do not impair the essential characteristics of the variety, allowing for the district in which they are grown.

The berries must be sufficiently firm and sufficiently firmly attached, and, where possible, still have their bloom. They may be less evenly spaced along the stalk than in Class I.

The following defects may be allowed provided the table grapes retain their essential characteristics as regards the quality, the keeping quality and presentation:

• defects in shape,

• defects in colouring,

• slight sun scorch affecting the skin only,

• slight bruising,

• slight skin defects.

III. PROVISIONS CONCERNIG SIZING U.K.

Size is determined by the weight of the bunch.

The minimum bunch weight shall be 75 g. This provision does not apply to packages intended for single servings.

IV. PROVISIONS CONCERNING TOLERANCES U.K.

At all marketing stages, tolerances in respect of quality and size shall be allowed in each lot for produce not satisfying the requirements of the class indicated.

A. Quality tolerances U.K.

(i) ‘ Extra ’ Class U.K.

A total tolerance of 5 per cent, by weight, of bunches not satisfying the requirements of the class, but meeting those for Class I is allowed. Within this tolerance not more than 0,5 per cent in total may consist of produce satisfying the requirements of Class II quality.

(ii) Class I U.K.

A total tolerance of 10 per cent, by weight, of bunches not satisfying the requirements of the class, but meeting those of Class II is allowed. Within this tolerance not more than 1 per cent in total may consist of produce satisfying neither the requirements of Class II quality nor the minimum requirements, or of produce affected by decay.

In addition to those tolerances, a maximum of 10 per cent, by weight, of loose berries, i.e. berries detached from the bunch/cluster, are allowed provided that the berries are sound and intact.

(iii) Class II U.K.

A total tolerance of 10 per cent, by weight, of bunches satisfying neither the requirements of the class nor the minimum requirements is allowed. Within this tolerance not more than 2 per cent in total may consist of produce affected by decay.

In addition to those tolerances, a maximum of 10 per cent, by weight, of loose berries, i.e. berries detached from the bunch/cluster, are allowed provided that the berries are sound and intact.

B. Size tolerances U.K.

For all classes: a total tolerance of 10 per cent, by weight, of bunches not satisfying the requirements as regards sizing is allowed. In each sales package, one bunch weighing less than 75 g is allowed to adjust the weight, provided the bunch meets all other requirements of the specified class.

V. PROVISIONS CONCERNING PRESENTATION U.K.

A. Uniformity U.K.

The contents of each package must be uniform and contain only bunches of the same origin, variety, quality and degree of ripeness.

In the case of the ‘Extra’ Class, the bunches must be approximately uniform in size and colouring.

However, a mixture of table grapes of distinctly different varieties may be packed together in a package, provided they are uniform in quality and, for each variety concerned, in origin.

The visible part of the contents of the package must be representative of the entire contents.

B. Packaging U.K.

The table grapes must be packed in such a way as to protect the produce properly.

The materials used inside the package must be clean and of a quality such as to avoid causing any external or internal damage to the produce. The use of materials, particularly paper or stamps, bearing trade specifications is allowed provided the printing or labelling has been done with non-toxic ink or glue.

Stickers individually affixed on the produce shall be such that, when removed, they neither leave visible traces of glue, nor lead to skin defects.

Packages must be free of all foreign matter, although a fragment of vine shoot no more than 5 cm in length may be left on the stem of the bunch as a form of special presentation.

VI. PROVISIONS CONCERNING MARKING U.K.

Each package(41) must bear the following particulars in letters grouped on the same side, legibly and indelibly marked, and visible from the outside:

A. Identification U.K.

Name and physical address of the packer and/or the dispatcher (for example street/city/region/postal code and, if different from the country of origin, the country).

This mention may be replaced:

• for all packages with the exception of pre-packages, by the officially issued or accepted code mark representing the packer and/or the dispatcher, indicated in close connection with the reference ‘Packer and/or Dispatcher’ (or equivalent abbreviations). The code mark shall be preceded by the ISO 3166 (alpha) country/area code of the recognising country, if not the country of origin;

• for pre-packages only, by the name and the address of a seller established within the [F116 United Kingdom (or, until the end of the period [F125 beginning with 30 September 2022 and ending with 31 December 2023], within the United Kingdom or the EU)] indicated in close connection with the mention ‘Packed for:’ or an equivalent mention. In this case, the labelling shall also include a code representing the packer and/or the dispatcher. The seller shall give all information deemed necessary by the inspection body as to the meaning of this code.

Textual Amendments

F125 Words in Annex 1 Pt. B Pt. 9 point 6(A) substituted (S.) (30.9.2022) by The Food Information (Transitional Provisions) (Miscellaneous Amendments) (Scotland) Regulations 2022 (S.S.I. 2022/265), regs. 1(1), 4(3)(b)(ix); substituted (E.) (30.9.2022) by The Food Information (Amendment of Transitional Provisions) (England) Regulations 2022 (S.I. 2022/938), regs. 1(1), 13(3)(b); and substituted (W.) by The Food Information (Amendment of Transitional Provisions) (Wales) Regulations 2022 (S.I. 2022/939), regs. 1(2), 13(3)(b)

B. Nature of produce U.K.

• ‘Table Grapes’ if the contents are not visible from the outside.

• Name of the variety. In the case of a mixture of table grapes of distinctly different varieties, names of the different varieties.

C. Origin of produce U.K.

• Country of origin(42) and, optionally, district where grown, or national, regional or local place name.

• In the case of a mixture of distinctly different varieties of table grapes of different origins, the indication of each country of origin shall appear next to the name of the variety concerned.

D. Commercial specifications U.K.

• Class.

• ‘Bunches below 75 g intended for single servings’, where appropriate.

E. Official control mark (optional) U.K.

Packages need not to bear the particulars mentioned in the first subparagraph, when they contain sales packages, clearly visible from the outside, and all bearing these particulars. These packages shall be free from any indications such as could mislead. When these packages are palletised, the particulars shall be given on a notice placed in an obvious position on at least two sides of the pallet.

PART 10: U.K. MARKETING STANDARD FOR TOMATOES

I. DEFINITION OF PRODUCE U.K.

This standard applies to tomatoes of varieties (cultivars) grown from Solanum lycopersicum L. to be supplied fresh to the consumer, tomatoes for industrial processing being excluded.

Tomatoes may be classified into four commercial types:

• ‘round’,

• ‘ribbed’,

• ‘oblong’ or ‘elongated’,

• ‘cherry/cocktail’ tomatoes (miniature varieties) of all shapes.

II. PROVISIONS CONCERNING QUALITY U.K.

The purpose of the standard is to define the quality requirements for tomatoes, after preparation and packaging.

However, at stages following dispatch products may show in relation to the requirements of the standard:

• a slight lack of freshness and turgidity,

• for products graded in classes other than the ‘Extra’ Class, a slight deterioration due to their development and their tendency to perish.

A. Minimum requirements U.K.

In all classes, subject to the special provisions for each class and the tolerances allowed, the tomatoes must be:

• intact,

• sound, produce affected by rotting or deterioration such as to make it unfit for consumption is excluded,

• clean, practically free of any visible foreign matter,

• fresh in appearance,

• practically free from pests,

• free from damage caused by pests affecting the flesh,

• free of abnormal external moisture,

• free of any foreign smell and/or taste.

In the case of trusses of tomatoes, the stalks must be fresh, healthy, clean and free from all leaves and any visible foreign matter.

The development and condition of the tomatoes must be such as to enable them:

• to withstand transportation and handling, and

• to arrive in satisfactory condition at the place of destination.

B. Maturity requirements U.K.

The development and state of maturity of the tomatoes must be such as to enable them to continue their ripening process and to reach a satisfactory degree of ripeness.

C. Classification U.K.

Tomatoes are classified in three classes, as defined below:

(i) ‘ Extra ’ Class U.K.

Tomatoes in this class must be of superior quality. They must be firm and characteristic of the variety.

They must be free from greenbacks and other defects, with the exception of very slight superficial defects, provided these do not affect the general appearance of the produce, the quality, the keeping quality and presentation in the package.

(ii) Class I U.K.

Tomatoes in this class must be of good quality. They must be reasonably firm and characteristic of the variety.

They must be free of cracks and visible greenbacks.

The following slight defects, however, may be allowed provided these do not affect the general appearance of the produce, the quality, the keeping quality and presentation in the package:

• a slight defect in shape and development,

• slight defects in colouring,

• slight skin defects,

• very slight bruises.

Furthermore, ‘ribbed’ tomatoes may show:

• healed cracks not more than 1 cm long,

• no excessive protuberances,

• small umbilicus, but no suberisation,

• suberisation of the stigma up to 1 cm ² ,

• fine blossom scar in elongated form (like a seam), but not longer than two-thirds of the greatest diameter of the fruit.

(iii) Class II U.K.

This class includes tomatoes which do not qualify for inclusion in the higher classes, but satisfy the minimum requirements specified above.

They must be reasonably firm (but may be slightly less firm than in Class I) and must not show unhealed cracks.

The following defects may be allowed provided the tomatoes retain their essential characteristics as regards the quality, the keeping quality and presentation:

• defects in shape and development,

• defects in colouring,

• skin defects or bruises, provided the fruit is not seriously affected,

• healed cracks not more than 3 cm in length for round, ribbed or oblong tomatoes.

Furthermore, ‘ribbed’ tomatoes may show:

• more pronounced protuberances than allowed under Class I, but without being misshapen,

• an umbilicus,

• suberisation of the stigma up to 2 cm ² ,

• fine blossom scar in elongated form (like a seam).

III. PROVISIONS CONCERNING SIZING U.K.

Size is determined by the maximum diameter of the equatorial section, by weight or by count.

The following provisions shall not apply to trusses of tomatoes and are optional for:

• cherry and cocktail tomatoes below 40 mm in diameter;

• ribbed tomatoes of irregular shape; and

• Class II.

To ensure uniformity in size, the range in size between produce in the same package shall not exceed:

(a)

For tomatoes sized by diameter:

• 10 mm, if the diameter of the smallest fruit (as indicated on the package) is under 50 mm,

• 15 mm, if the diameter of the smallest fruit (as indicated on the package) is 50 mm and over but under 70 mm,

• 20 mm, if the diameter of the smallest fruit (as indicated on the package) is 70 mm and over but under 100 mm,

• there is no limitation of difference in diameter for fruit equal or over 100 mm.

In case size codes are applied, the codes and ranges in the following table have to be respected:

Size code	Diameter (mm)
0	≤ 20
1	> 20 ≤ 25
2	> 25 ≤ 30
3	> 30 ≤ 35
4	> 35 ≤ 40
5	> 40 ≤ 47
6	> 47 ≤ 57
7	> 57 ≤ 67
8	> 67 ≤ 82
9	> 82 ≤ 102
10	> 102

(b)

For tomatoes sized by weight or by count, the difference in size should be consistent with the difference indicated in point (a).

IV. PROVISIONS CONCERNING TOLERANCES U.K.

At all marketing stages, tolerances in respect of quality and size shall be allowed in each lot for produce not satisfying the requirements of the class indicated.

A. Quality tolerances U.K.

(i) ‘ Extra ’ Class U.K.

A total tolerance of 5 per cent, by number or weight, of tomatoes not satisfying the requirements of the class but meeting those of Class I is allowed. Within this tolerance not more than 0,5 per cent in total may consist of produce satisfying the requirements of Class II quality.

(ii) Class I U.K.

A total tolerance of 10 per cent, by number or weight, of tomatoes not satisfying the requirements of the class but meeting those of Class II is allowed. Within this tolerance not more than 1 per cent in total may consist of produce neither satisfying the requirements of Class II quality nor the minimum requirements, or of produce affected by decay.

In the case of trusses of tomatoes, 5 percent, by number or weight, of tomatoes detached from the stalk is allowed.

(iii) Class II U.K.

A total tolerance of 10 per cent, by number or weight, of tomatoes satisfying neither the requirements of the class nor the minimum requirements is allowed. Within this tolerance not more than 2 per cent in total may consist of produce affected by decay.

In the case of trusses of tomatoes, 10 percent, by number or weight, of tomatoes detached from the stalk is allowed.

B. Size tolerances U.K.

For all classes: a total tolerance of 10 per cent, by number or weight, of tomatoes not satisfying the requirements as regards sizing is allowed.

V. PROVISIONS CONCERNING PRESENTATION U.K.

A. Uniformity U.K.

The contents of each package must be uniform and contain only tomatoes of the same origin, variety or commercial type, quality and size (if sized).

The ripeness and colouring of tomatoes in ‘Extra’ Class and Class I must be practically uniform. In addition, the length of ‘oblong’ tomatoes must be sufficiently uniform.

However, a mixture of tomatoes of distinctly different colours, varieties and/or commercial types may be packed together in a package, provided they are uniform in quality and, for each colour, variety and/or commercial type concerned, in origin. Uniformity in size is not required.

The visible part of the contents of the package must be representative of the entire contents.

B. Packaging U.K.

Tomatoes must be packed in such a way as to protect the produce properly.

The materials used inside the package must be clean and of a quality such as to avoid causing any external or internal damage to the produce. The use of materials, particularly paper or stamps bearing trade specifications is allowed provided the printing or labelling has been done with non-toxic ink or glue.

Stickers individually affixed to the produce shall be such that, when removed, they neither leave visible traces of glue nor lead to skin defects. Information lasered on single fruitshould not lead to flesh or skin defects.

Packages must be free of all foreign matter.

VI. PROVISIONS CONCERNING MARKING U.K.

Each package(43) must bear the following particulars in letters grouped on the same side, legibly and indelibly marked and visible from the outside:

A. Identification U.K.

Name and physical address of the packer and/or the dispatcher (for example street/city/region/postal code and, if different from the country of origin, the country).

This mention may be replaced:

• for all packages with the exception of pre-packages, by the officially issued or accepted code mark representing the packer and/or the dispatcher, indicated in close connection with the reference ‘Packer and/or Dispatcher’ (or equivalent abbreviations). The code mark shall be preceded by the ISO 3166 (alpha) country/area code of the recognising country, if not the country of origin;

• for pre-packages only, by the name and the address of a seller established within the [F116 United Kingdom (or, until the end of the period [F126 beginning with 30 September 2022 and ending with 31 December 2023], within the United Kingdom or the EU)] indicated in close connection with the mention ‘Packed for:’ or an equivalent mention. In this case, the labelling shall also include a code representing the packer and/or the dispatcher. The seller shall give all information deemed necessary by the inspection body as to the meaning of this code.

Textual Amendments

F126 Words in Annex 1 Pt. B Pt. 10 point 6(A) substituted (S.) (30.9.2022) by The Food Information (Transitional Provisions) (Miscellaneous Amendments) (Scotland) Regulations 2022 (S.S.I. 2022/265), regs. 1(1), 4(3)(b)(x); substituted (E.) (30.9.2022) by The Food Information (Amendment of Transitional Provisions) (England) Regulations 2022 (S.I. 2022/938), regs. 1(1), 13(3)(b); and substituted (W.) by The Food Information (Amendment of Transitional Provisions) (Wales) Regulations 2022 (S.I. 2022/939), regs. 1(2), 13(3)(b)

B. Nature of produce U.K.

• ‘Tomatoes’ or ‘trusses of tomatoes’ and the commercial type, or ‘cherry/cocktail tomatoes’ or ‘trusses of cherry/cocktail tomatoes’) or equivalent denomination for other miniature varieties if the contents are not visible from the outside.

• ‘Mixture of tomatoes’, or equivalent denomination, in the case of a mixture of distinctly different varieties, commercial types and/or colours of tomatoes. If the produce is not visible from the outside, the colours, varieties or commercial types and the quantity of each in the package must be indicated.

• Name of the variety (optional).

C. Origin of produce U.K.

Country of origin(44) and, optionally, district where grown, or national, regional or local place name.

In the case of a mixture of distinctly different colours, varieties and/or commercial types of tomatoes of different origins, the indication of each country of origin shall appear next to the name of the colour, variety and/or commercial type concerned.

D. Commercial specifications U.K.

• Class.

• Size (if sized) expressed as

  • minimum and maximum diameters; or

  • minimum and maximum weights; or

  • size code as specified in Section III; or

  • count followed by the minimum and maximum sizes.

E. Official control mark (optional) U.K.

Packages need not to bear the particulars mentioned in the first subparagraph, when they contain sales packages, clearly visible from the outside, and all bearing these particulars. These packages shall be free from any indications such as could mislead. When these packages are palletised, the particulars shall be given on a notice placed in an obvious position on at least two sides of the pallet.]

ANNEX II U.K. F127 F128 F129 SPECIMEN MENTIONED IN ARTICLE 12(1)

Textual Amendments

F127 Annex 2: European Union emblem omitted (31.12.2020) by virtue of The Market Measures (Marketing Standards) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/822), regs. 1, 8(43)(a); 2020 c. 1, Sch. 5 para. 1(1)

F128 Annex 2: words “European Union” omitted (31.12.2020) by virtue of The Market Measures (Marketing Standards) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/822), regs. 1, 8(43)(b); 2020 c. 1, Sch. 5 para. 1(1)

F129 Annex 2: words “Great Britain or GB” substituted for words “Member State” (31.12.2020) by The Market Measures (Marketing Standards) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/822), regs. 1, 8(43)(c) (as amended by by S.I. 2020/1453, regs. 1(2)(b), 10(15)); 2020 c. 1, Sch. 5 para. 1(1)

ANNEX III U.K. F130 CERTIFICATE OF CONFORMITY WITH THE EUROPEAN UNION MARKETING STANDARDS FOR FRESH FRUIT AND VEGETABLES REFERRED TO IN ARTICLES 12, 13 AND 14

Textual Amendments

F130 Annex 3: words “Great Britain” substituted for words “the European Union”, in each place it occurs (including the heading) (31.12.2020) by The Market Measures (Marketing Standards) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/822), regs. 1, 8(44) (as substituted by S.I. 2020/1453, regs. 1(2)(b), 10(16)); 2020 c. 1, Sch. 5 para. 1(1)

[F11 ANNEX IV U.K.

THIRD COUNTRIES WHERE THE CONFORMITY CHECKS HAVE BEEN APPROVED UNDER ARTICLE 15 AND THE PRODUCTS CONCERNED

a [F131 Approval] under Article 15 is given to fruit and vegetables originating within the State of Israel, excluding the territories under Israeli administration since June 1967, namely the Golan Heights, the Gaza Strip, East Jerusalem and the rest of the West Bank.]
Country	Products
Switzerland	Fresh fruit and vegetables other than citrus fruit
Morocco	Fresh fruit and vegetables
South Africa	Fresh fruit and vegetables
Israel a	Fresh fruit and vegetables
India	Fresh fruit and vegetables
New Zealand	Apples, pears and kiwi fruit
Senegal	Fresh fruit and vegetables
Kenya	Fresh fruit and vegetables
Turkey	Fresh fruit and vegetables
[F132 European Union Member States
Austria	Fresh fruit and vegetables
Belgium	Fresh fruit and vegetables
Bulgaria	Fresh fruit and vegetables
Croatia	Fresh fruit and vegetables
Cyprus	Fresh fruit and vegetables
Czech Republic	Fresh fruit and vegetables
Denmark	Fresh fruit and vegetables
Estonia	Fresh fruit and vegetables
Finland	Fresh fruit and vegetables
France	Fresh fruit and vegetables
Germany	Fresh fruit and vegetables
Greece	Fresh fruit and vegetables
Hungary	Fresh fruit and vegetables
Ireland	Fresh fruit and vegetables
Italy	Fresh fruit and vegetables
Latvia	Fresh fruit and vegetables
Luxembourg	Fresh fruit and vegetables
Malta	Fresh fruit and vegetables
Netherlands	Fresh fruit and vegetables
Poland	Fresh fruit and vegetables
Portugal	Fresh fruit and vegetables
Romania	Fresh fruit and vegetables
Slovakia	Fresh fruit and vegetables
Slovenia	Fresh fruit and vegetables
Spain	Fresh fruit and vegetables
Sweden	Fresh fruit and vegetables]

Textual Amendments

F131 Word in Annex 4 footnote substituted (31.12.2020) by The Market Measures (Marketing Standards) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/822), regs. 1, 8(45); 2020 c. 1, Sch. 5 para. 1(1)

F132 Words in Annex 4 table inserted (1.7.2022) by The Common Organisation of the Markets in Agricultural Products (Third Country Listing for Fruit and Vegetables) (Amendment, etc.) Regulations 2022 (S.I. 2022/608), regs. 1(2), 3

ANNEX V U.K. METHODS OF INSPECTION REFERRED TO IN ARTICLE 17(1)

The following methods of inspection are based on the provisions of the guide for the implementation of quality control of fresh fruit and vegetables adopted by the OECD Scheme for the Application of International Standards for Fruit and Vegetables.

1. DEFINITIONS U.K.

1.1. Package U.K.

Individually packaged part of a lot, including contents. The packaging is conceived so as to facilitate handling and transport of a number of sales packages or of products loose or arranged, in order to prevent damage by physical handling and transport. The package may constitute a sales package. Road, rail, ship and air containers are not considered as packages.

1.2. Sales package U.K.

Individually packaged part of a lot, including contents. The packaging of sales packages is conceived so as to constitute a sales unit to the final user or consumer at the point of purchase.

1.3. Pre-packages U.K.

Pre-packages are sales packages such as the packaging enclosing the foodstuff completely or only partially, but in such a way that the contents cannot be altered without opening or changing the packaging. Protective films covering single produce are not considered as a pre-package.

1.4. Consignment U.K.

Quantity of produce to be sold by a given trader found at the time of inspection and defined by a document. A consignment may consist of one or several types of produce; it may contain one or several lots of fresh, dry or dried fruit and vegetables.

1.5. Lot U.K.

Quantity of produce which, at the time of inspection at one place, has similar characteristics with regard to:

• packer and/or dispatcher,

• country of origin,

• nature of produce,

• class of produce,

• size (if the produce is graded according to size),

• variety or commercial type (according to the relevant provisions of the standard),

• type of packaging and presentation.

However, if during the conformity check of consignments as defined in point 1.4 it is difficult to distinguish between different lots and/or presentation of individual lots is not possible, all lots of a specific consignment may be treated as one lot if they are similar in regard to type of produce, dispatcher, country of origin, class and variety or commercial type, if this is provided for in the relevant marketing standard.

1.6. Sampling U.K.

Collective samples taken temporarily from a lot during conformity check.

1.7. Primary sample U.K.

Package taken at random from the lot, in case of packed produce or, in case of bulk produce (direct loading into a transport vehicle or compartment thereof), a quantity taken at random from a point in the lot.

1.8. Bulk sample U.K.

Several primary samples supposed to be representative for the lot so that the total quantity is sufficient to allow the assessment of the lot with regard to all criteria.

1.9. Secondary sample U.K.

An equal quantity of produce taken at random from the primary sample.

In the case of packed nuts, the secondary sample shall weigh between 300 g and 1 kg. If the primary sample is made up of packages containing sales packages, the secondary sample shall be one or more sales packages that in aggregate are at least 300 g.

In the case of other packed produce, the secondary sample shall comprise of 30 units, in case the net weight of the package is 25 kg or less and the package does not contain any sales packages. In certain cases this means that the whole content of the package has to be checked, if the primary sample contains not more than 30 units.

1.10. Composite sample (dry and dried produce only) U.K.

A composite sample is a mix, weighing at least 3 kg, of all the secondary samples taken from the bulk sample. Produce in the composite sample shall be evenly mixed.

1.11. Reduced sample U.K.

Quantity of produce taken at random from the bulk or composite sample having a size which is restricted to the minimum quantity necessary but sufficient to allow the assessment of certain individual criteria.

If the inspection method would destroy the produce, the size of the reduced sample shall not exceed 10 % of the bulk sample or, in the case of nuts in shell, 100 nuts taken from the composite sample. In the case of small dry or dried products (i.e. 100 g include more than 100 units) the reduced sample shall not exceed 300 g.

For the assessment of criteria on the degree of the development and/or ripeness, the constitution of the sampling shall be done according to the objective methods described in the Guidance on Objective Tests to Determine Quality of Fruit and Vegetables and Dry and Dried Produce.

Several reduced samples may be taken from a bulk or composite sample in order to check the conformity of the lot against different criteria.

2. IMPLEMENTATION OF CONFORMITY CHECK U.K.

2.1. General remark U.K.

A conformity check shall be made by assessing samples taken at random from different points in the lot to be controlled. It is based on the principle of presumption that the quality of the samples is representative of the quality of the lot.

2.2. Place of control U.K.

A conformity check may be carried out during packing operation, at the point of dispatch, during transport, at the point of reception, at whole sale and retail level.

In cases where the inspection body does not carry out the conformity check in their own premises, the holder shall provide facilities enabling the conduct of a conformity check.

2.3. Identification of lots and/or getting a general impression of the consignment U.K.

The identification of lots shall be carried out on the basis of their marking or other criteria, such as the indications laid down under [F133 Directive 2011/91/EU of the European Parliament and of the Council]. In the case of consignments which are made up of several lots it is necessary for the inspector to get a general impression of the consignment with the aid of accompanying documents or declarations concerning the consignments. The inspector shall then determine how far the lots presented comply with the information in these documents.

Textual Amendments

F133 Words in Annex 5 para. 2.3 substituted (31.12.2020) by The Market Measures (Marketing Standards) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/822), regs. 1, 8(46)(a); 2020 c. 1, Sch. 5 para. 1(1)

If the produce is to be or has been loaded onto a means of transport, the registration number of the latter shall be used for identification of the consignment.

2.4. Presentation of produce U.K.

The inspector shall decide which packages are to be checked. The presentation shall be made by the operator and shall include the presentation of the bulk sample as well as the supply of all information necessary for the identification of the consignment or lot.

If reduced or secondary samples are required, these shall be identified by the inspector from the bulk sample.

2.5. Physical check U.K.

• Assessment of packaging and presentation:

  The packaging, including the material used within the package, shall be tested for suitability and cleanness according to the provisions of the relevant marketing standard. This shall be done on the basis of primary samples, in case of packed produce and in all other cases on the basis of the transport vehicle. If only certain types of packaging or presentation are permitted, the inspector shall check whether these are being used.

• Verification of marking:

  The inspector shall check whether the produce is marked according to the relevant marketing standard. This shall include a check on the accuracy of marking and/or the extent of any amendments required.

  In case of packed produce, this check shall be carried out on the basis of the primary samples, in all other cases on the basis of the documents attached to the pallet or the transport vehicle.

  Fruit and vegetables individually wrapped in plastic shall not be considered as [F134 prepacked food] in the meaning of [F135 Article 2(2)(e) of Regulation (EU) No 1169/2011] and shall not necessarily need to be marked in accordance with the marketing standards. In such cases, the plastic wrapping may be considered as a simple protection for fragile products.

• Verification of conformity of the produce:

  The inspector shall determine the size of the bulk sample in such way as to be able to assess the lot. The inspector selects at random the packages to be inspected or in the case of bulk produce the points of the lot from which individual samples shall be taken.

  Care shall be taken to ensure that the removal of samples does not adversely affect the quality of the produce.

  Damaged packages shall not be used as part of the bulk sample. They shall be set aside and may, if necessary, be subject to a separate examination and report.

  The bulk sample shall comprise the following minimum quantities whenever a lot is declared unsatisfactory or the risk of a produce not conforming to the marketing standard has to be examined:

  Packed produce
  Number of packages in the lot	Number of packages to be taken (primary samples)
  Up to 100	5
  From 101 to 300	7
  From 301 to 500	9
  From 501 to 1 000	10
  More than 1 000	15 (minimum)

  Produce in bulk(direct loading into a transport vehicle or compartment thereof)
  Quantity of lot in kg or number of bundles in the lot	Quantity of primary samples in kg or number of bundles
  Up to 200	10
  From 201 to 500	20
  From 501 to 1 000	30
  From 1 001 to 5 000	60
  More than 5 000	100 (minimum)

  In the case of bulky fruit and vegetables (over 2 kg per unit), the primary samples shall be made up of at least five units. In the case of lots comprising fewer than 5 packages or weighing less than 10 kg, the check shall cover the entire lot.

  If the inspector discovers, after an inspection, that a decision cannot be reached, another physical check shall be undertaken and the overall result reported as an average of the two checks.

Textual Amendments

F134 Words in Annex 5 para. 2.5 substituted (31.12.2020) by The Market Measures (Marketing Standards) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/822), regs. 1, 8(46)(b)(i); 2020 c. 1, Sch. 5 para. 1(1)

F135 Words in Annex 5 para. 2.5 substituted (31.12.2020) by The Market Measures (Marketing Standards) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/822), regs. 1, 8(46)(b)(ii); 2020 c. 1, Sch. 5 para. 1(1)

2.6. Control of produce U.K.

In case of packed produce, the primary samples shall be used to check the general appearance of the produce, the presentation, the cleanliness of the packages and the labelling. In all other cases, these checks shall be done on basis of the lot or transport vehicle.

The produce shall be removed entirely from its packaging for the conformity check. The inspector may only dispense with this where the sampling is based on composite samples.

The inspection of uniformity, minimum requirements, quality classes and size shall be carried out on the basis of the bulk sample, or on the basis of the composite sample taking into account the explanatory brochures published by the OECD Scheme for the Application of International Standards for Fruit and Vegetables.

When defects are detected, the inspector shall ascertain the respective percentage of the produce not in conformity with the standard by number or weight.

External defects shall be checked on the basis of the bulk or composite sample. Certain criteria on the degree of development and/or ripeness or on the presence or absence of internal defects may be checked on the basis of reduced samples. The check based on the reduced sample applies in particular to checks which destroy the trade value of the produce.

The criteria on the degree of development and/or ripeness shall be checked using the instruments and methods laid down to this end in the relevant marketing standard or in accordance with the Guidance on Objective Tests to Determine Quality of Fruit and Vegetables and Dry and Dried Produce.

2.7. Report of control results U.K.

Documents mentioned in Article 14 shall be issued, where appropriate.

If defects are found leading to non-conformity, the trader or his representative shall be informed in writing about these defects and the percentage found as well as the reasons for non-conformity. If the compliance of produce with the standard is possible by a change in marking, the trader or his representative shall be informed.

If defects are found in a product, the percentage found not to be in conformity with the standard shall be indicated.

2.8. Decline in value by conformity check U.K.

After the conformity check, the bulk or composite sample is put at the disposal of the operator or his representative.

The inspection body shall not be bound to hand back the elements of the bulk or composite sample destroyed during the conformity check.

F136 ANNEX Va U.K. INELIGIBLE INVESTMENTS REFERRED TO IN THE SECOND PARAGRAPH OF ARTICLE 37

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F136 Annex 5a omitted (31.12.2020) by virtue of The Market Measures (Marketing Standards) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/822), regs. 1, 8(47); 2020 c. 1, Sch. 5 para. 1(1)

F137 ANNEX Vb U.K. Templates for notification per producer group as referred to in Article 38(4)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F137 Annex 5b omitted (31.12.2020) by virtue of The Market Measures (Marketing Standards) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/822), regs. 1, 8(47); 2020 c. 1, Sch. 5 para. 1(1)

F6 ANNEX VI U.K.

[ F6

F6 ANNEX VII U.K. [F6 STRUCTURE AND CONTENT OF A NATIONAL STRATEGY FOR SUSTAINABLE OPERATIONAL PROGRAMMES REFERRED TO IN ARTICLE 55(1)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F6 ANNEX VIII U.K. List of common performance indicators referred to in Articles 59(a), 96(3)(a) and 125(2)

F6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F6 1. COMMON INDICATORS RELATING TO THE FINANCIAL EXECUTION (INPUT INDICATORS) (ANNUAL) U.K.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F6 2. COMMON OUTPUT INDICATORS (ANNUAL) U.K.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F6 3. COMMON RESULT INDICATORS U.K.

F6 . . . . . U.K.

F6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F6 4. COMMON IMPACT INDICATORS U.K.

F6 . . . . . U.K.

F6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F6 5. COMMON BASELINE INDICATORS U.K.

F6 . . . . . U.K.

F6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F6 ANNEX IX U.K. LIST OF ACTIONS AND EXPENDITURE NOT ELIGIBLE UNDER OPERATIONAL PROGRAMMES REFERRED TO IN ARTICLE 60(1)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F6 ANNEX X U.K. MINIMUM REQUIREMENTS FOR WITHDRAWAL OF PRODUCTS REFERRED TO IN ARTICLE 76(2)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F6 ANNEX XI U.K.

F6

F6 ANNEX XII U.K.

F6

F6 ANNEX XIII U.K.

F6 PART A U.K. SORTING AND PACKING COSTS REFERRED TO IN ARTICLE 82(1)

F6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F6 PART B U.K. STATEMENT FOR PACKAGING OF PRODUCTS REFERRED TO IN ARTICLE 82(2)

F6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F6 ANNEX XIV U.K. Information to be included in the annual report of Member States as referred to in Article 97(b)

F6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F6 PART A — U.K. INFORMATION FOR MARKET MANAGEMENT

F6 1. Administrative information U.K.

F6 (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . U.K.

F6 (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . U.K.

F6 (c) Information on producer organisations and associations of producer organisations and producer groups: U.K.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F6 (d) Information on interbranch organisations: U.K.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F6 2. Information related to expenditures U.K.

F6 (a) Producer organisations. Financial data per beneficiary (producer organisation or association of producer organisations): U.K.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F6 (b) Producer groups. Financial data per beneficiary: U.K.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F6 3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . U.K.

F6 4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . U.K.

F6 PART B — U.K. INFORMATION FOR THE CLEARANCE OF ACCOUNTS

F6 5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . U.K.

F6 ANNEX XV U.K.

F6 PART A U.K. Price notification referred to in Article 98(1)

F6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F6 PART B U.K. List of fruit and vegetables and other products referred to in Article 98(3)

F6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F6 ANNEX XVI U.K. ENTRY PRICE SYSTEM SET OUT IN TITLE IV, CHAPTER I, SECTION 1

F6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F6 ANNEX XVII U.K.

F6

F6 ANNEX XVIII U.K. [F138 ADDITIONAL IMPORT DUTIES: TITLE IV, CHAPTER I, SECTION 2] ]

Textual Amendments

F138 Substituted by Commission Implementing Regulation (EU) 2016/2097 of 30 November 2016 amending Implementing Regulation (EU) No 543/2011 as regards the trigger levels for additional duties on certain fruit and vegetables.

F6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

ANNEX XIX U.K.

CORRELATION TABLE REFERRED TO IN ARTICLE 149

Regulation (EC) No 1580/2007	This Regulation
Article 1	Article 1
Article 2	Article 2
Article 2a	Article 3
Article 3	Article 4
Article 4	Article 5
Article 5	Article 6
Article 6	Article 7
Article 7	Article 8
Article 8	Article 9
Article 9	Article 10
Article 10	Article 11
Article 11	Article 12
Article 12	Article 13
Article 12a	Article 14
Article 13	Article 15
Article 14	—
Article 15	Article 16
Article 16	—
Article 17	—
Article 18	—
Article 19	—
Article 20	Article 17
Article 20a	Article 18
Article 21	Article 19
Article 22	Article 20
Article 23	Article 21
Article 24	Article 22
Article 25	Article 23
Article 26	Article 24
Article 27	Article 25
Article 28	Article 26
Article 29	Article 27
Article 30	Article 28
Article 31	Article 29
Article 32	Article 30
Article 33	Article 31
Article 34	Article 33
Article 35	—
Article 36	Article 34
Article 37	Article 35
Article 38	Article 36
Article 39	Article 37
Article 40	Article 38
Article 41	Article 39
Article 42	Article 40
Article 43	Article 41
Article 44	Article 42
Article 45	Article 43
Article 46	Article 44
Article 47	Article 45
Article 48	Article 46
Article 49	Article 47
Article 50	Article 48
Article 51	Article 49
Article 52	Article 50
Article 53	Article 51
Article 54	Article 52
Article 55	Article 53
Article 56	Article 54
Article 57	Article 55
Article 58	Article 56
Article 59	Article 57
Article 60	Article 58
Article 61	Article 59-60
Article 62	Article 61
Article 63	Article 62
Article 64	Article 63
Article 65	Article 64
Article 66	Article 65
Article 67	Article 66
Article 68	Article 67
Article 69	Article 68
Article 70	Article 69
Article 71	Article 70
Article 72	Article 71
Article 73	Article 72
Article 74	Article 73
Article 75	Article 74
Article 76	Article 75
Article 77	Article 76
Article 78	Article 77
Article 79	Article 78
Article 80	Article 79
Article 81	Article 80
Article 82	Article 81
Article 83	Article 82
Article 84	Article 83
Article 85	Article 84
Article 86	Article 85
Article 87	Article 86
Article 88	Article 87
Article 89	Article 88
Article 90	Article 89
Article 91	Article 90
Article 92	—
Article 93	Article 91
Article 94	Article 92
Article 94a	Article 93
Article 95	Article 94
Article 96	Article 95(4)
Article 97	Article 95
Article 98	Article 96
Article 99	Article 97
Article 100	Article 99
Article 101	Article 100
Article 102	Article 101
Article 103	Article 102
Article 104	Article 103
Article 105	Article 104
Article 106	Article 105(1)
Article 107	Article 105(2) and (3)
Article 108	Article 106
Article 109	Article 107
Article 110	Article 108
Article 111	Article 109
Article 112	Article 110
Article 113	Article 111
Article 114	Article 112
Article 115	Article 113
Article 116	Article 114
Article 117	Article 115
Article 118	Article 116
Article 119	Article 117
Article 120	Article 118
Article 121	Article 119
Article 122	Article 120
Article 123	Article 121
Article 124	Article 122
Article 125	Article 123
Article 126	Article 125
Article 127	Article 126
Article 128	Article 127
Article 129	Article 128
Article 130	Article 129
Article 131	Article 130
Article 132	Article 131
Article 133	Article 132
Article 134	—
Article 135	Article 133
Article 136	Article 134
Article 137	Article 135
Article 138	Article 136
Article 139	Article 137
Article 140	Article 138
Article 141	Article 139
Article 142	Article 140
Article 143	Article 141
Article 144	Article 142
Article 145	Article 143
Article 146	Article 144
Article 147	Article 145
Article 148	Article 146
Article 149	Article 147
Article 150	Article 148
Article 151	Article 149
Article 152	Article 150
Article 153	Article 151
Annex I	Annex I
Annex II	Annex II
Annex III	Annex III
Annex IV	Annex IV
Annex VI	Annex V
Annex VII	Annex VII
Annex VIII	Annex IX
Annex IX	Annex X
Annex X	Annex XI
Annex XI	Annex XII
Annex XII	Annex XIII
Annex XIII	Annex XIV
Annex XIV	Annex VIII
Annex XV	Annex XVI
Annex XVI	Annex XVII
Annex XVII	Annex XVIII
Annex XVIII	Annex XX

F139 ANNEX XX U.K. REGULATIONS REFERRED TO IN ARTICLE 150(2)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F139 Annex 20 omitted (31.12.2020) by virtue of The Market Measures (Marketing Standards) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/822), regs. 1, 8(48); 2020 c. 1, Sch. 5 para. 1(1)

(1)

OJ L 299, 16.11.2007, p. 1.

(2)

OJ L 350, 31.12.2007, p. 1.

(3)

OJ L 297, 21.11.1996, p. 1.

(4)

OJ L 297, 21.11.1996, p. 29.

(5)

OJ L 297, 21.11.1996, p. 46.

(6)

OJ L 273, 17.10.2007, p. 1.

(7)

[F23 These marking provisions do not apply to sales packages presented in packages. However, they do apply to sales packages presented separately.]

(8)

[F23 The full or commonly used name shall be indicated.]

(9)

[F23 A non-exhaustive list of varieties providing a classification on colouring and russeting is set out in the appendix to this standard.]

(10)

[F23 Varieties marked with ‘ R ’ in the appendix to this standard are exempt from the provisions on russeting.]

(11)

[F23 A non-exhaustive list of varieties providing a classification on colouring and russeting is set out in the appendix to this standard.]

(12)

[F23 Varieties marked with ‘ R ’ in the appendix to this standard are exempt from the provisions on russeting.]

(13)

[F23 Varieties marked with ‘ R ’ in the appendix to this standard are exempt from the provisions on russeting.]

(14)

[F23 Calculated as described in the OECD guidance on objective tests, available at: http://www.oecd.org/agriculture/fruit-vegetables/publications.]

(15)

[F23 Calculated as described in the OECD guidance on objective tests, available at: http://www.oecd.org/agriculture/fruit-vegetables/publications.]

(16)

[F23 These marking provisions do not apply to sales packages presented in packages. However, they do apply to sales packages presented separately.]

(17)

[F23 A trade name can be a trade mark for which protection has been sought or obtained or any other commercial denomination.]

(18)

[F23 The full or commonly used name shall be indicated.]

(19)

[F23 Calculated as described in the OECD guidance on objective tests, available at: http://www.oecd.org/agriculture/fruit-vegetables/publications.]

(20)

[F23 These marking provisions do not apply to sales packages presented in packages. However, they do apply to sales packages presented separately.]

(21)

[F23 The full or commonly used name shall be indicated.]

(22)

[F23 Calculated as described in the OECD guidance on objective tests, available at: http://www.oecd.org/agriculture/fruit-vegetables/publications.]

(23)

[F23 These marking provisions do not apply to sales packages presented in packages. However, they do apply to sales packages presented separately.]

(24)

[F23 The full or the commonly used name shall be indicated.]

(25)

[F23 These marking provisions do not apply to sales packages presented in packages. However, they do apply to sales packages presented separately.]

(26)

[F23 The full or the commonly used name shall be indicated.]

(27)

[F23 Calculated as described in the OECD guidance on objective tests, available at: http://www.oecd.org/agriculture/fruit-vegetables/publications.]

(28)

[F23 These marking provisions do not apply to sales packages presented in packages. However, they do apply to sales packages presented separately.]

(29)

[F23 The full or the commonly used name shall be indicated.]

(30)

[F23 A non-exhaustive list of large fruited and summer pear varieties is included in the appendix to this standard.]

(31)

[F23 A non-exhaustive list of large fruited and summer pear varieties is included in the appendix to this standard.]

(32)

[F23 These marking provisions do not apply to sales packages presented in packages. However, they do apply to sales packages presented separately.]

(33)

[F23 A trade name can be a trade mark for which protection has been sought or obtained or any other commercial denomination.]

(34)

[F23 The full or the commonly used name shall be indicated.]

(35)

[F23 These marking provisions do not apply to sales packages presented in packages. However, they do apply to sales packages presented separately.]

(36)

[F23 The full or the commonly used name shall be indicated.]

(37)

[F23 Some sweet pepper varieties may have hot taste.]

(38)

[F23 These marking provisions do not apply to sales packages presented in packages. However, they do apply to sales packages presented separately.]

(39)

[F23 The full or the commonly used name shall be indicated.]

(40)

[F23 Calculated as described in the OECD guidance on objective tests, available at: http://www.oecd.org/agriculture/fruit-vegetables/publications.]

(41)

[F23 These marking provisions do not apply to sales packages presented in packages. However, they do apply to sales packages presented separately.]

(42)

[F23 The full or the commonly used name shall be indicated.]

(43)

[F23 These marking provisions do not apply to sales packages presented in packages. However, they do apply to sales packages presented separately.]

(44)

[F23 The full or the commonly used name shall be indicated.]

Textual Amendments

F23 Substituted by Commission Delegated Regulation (EU) 2019/428 of 12 July 2018 amending Implementing Regulation (EU) No 543/2011 as regards marketing standards in the fruit and vegetables sector.