The Marketing of Horticultural Produce (Scotland) Regulations 2009

Changes over time for: Section 2

Alternative versions:

Changes to legislation:

There are currently no known outstanding effects for The Marketing of Horticultural Produce (Scotland) Regulations 2009, Section 2.

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.

InterpretationS

This section has no associated Executive Note

2.—(1) In these Regulations–

“authorised officer” means any person (whether or not an officer of the Scottish Ministers) who is authorised for the purposes of these Regulations by the Scottish Ministers;

[F1“Commission Implementing Regulation 543/2011” means Commission Implementing Regulation (EU) No 543/2011 laying down detailed rules for the application of Council Regulation (EC) No 1234/2007 in respect of the fruit and vegetables and processed fruit and vegetables sectors, as amended from time to time;]

F2...

“container” includes any basket, pail, tray, package or receptacle of any kind, whether open or closed;

“controlled”, in relation to horticultural produce, means that the power conferred by regulation 10(1) has been exercised in relation to it and that no consent to its movement has been given under regulation 13(1) when the circumstances in regulation 13(2) apply;

[F3“Council Regulation 2013” means Regulation (EU) No 1308/2013 of the European Parliament and of the Council establishing a common organisation of the markets in agricultural products and repealing Council Regulations (EEC) No 922/72, (EEC) No 234/79, (EC) No 1037/2001 and (EC) No 1234/2007, as amended from time to time,]

[F4“general marketing standard” means the requirements of [F5Article 76(1) of Council Regulation 2013] as detailed in Article 3(1) of, and Part A of Annex I to, Commission Implementing Regulation 543/2011]

“horticultural produce” means fruit and vegetables listed in Part IX of Annex I to [F6Council Regulation 2013] to which F7[F8... marketing rules] apply;

“justice of the peace” means a justice of the peace appointed under section 67(1) of the Criminal Proceedings etc. (Reform) (Scotland) Act 2007 M1;

“label” includes any device for conveying information by written characters or other symbols, and any characters or symbols stamped or otherwise placed directly on to any horticultural produce or container, and references to the affixing of a label are construed accordingly;

[F9“marketing rules” means the general marketing standard and the specific marketing standards covering fresh fruit and vegetables listed in Part IX of Annex I to Council Regulation 2013 and includes the rules relating to those standards contained in Articles 74 F10... and 76 of that Council Regulation and in Title II of Commission Implementing Regulation 543/2011;]

“non compliance label” means a label indicating that produce is not compliant with F11[F8... marketing rules];

“premises” includes any place, vehicle or trailer, stall, vessel, container, moveable structure, aircraft or hovercraft;

[F12“specific marketing standards” means the marketing standards F13... as detailed in Article 3(2) of, and Part B of Annex I to, Commission Implementing Regulation 543/2011, and “specific marketing standard” means one of those specific marketing standards;]

“stop notice label” has the meaning given in regulation 12.

(2) A reference in these Regulations to anything done “in writing” or produced “in written form” includes a reference to an electronic communication, as defined in the Electronic Communications Act 2000 M2 which has been recorded in written form and is capable of being reproduced in that form.

(3) Unless otherwise provided in this Regulation, terms used in these Regulations have the same meaning as they have in [F14Council Regulation 2013] and [F15Commission Implementing Regulation 543/2011].

Textual Amendments

F1Words in reg. 2(1) substituted (10.10.2011) by The Marketing of Horticultural Produce (Scotland) Amendment Regulations 2011 (S.S.I. 2011/324), regs. 1(1), 3(a)(i)

F2Words in reg. 2(1) omitted (31.12.2020) by virtue of The Marketing of Horticultural Produce and Bananas (EU Exit) (Scotland) (Amendment) Regulations 2019 (S.S.I. 2019/169), regs. 1(1)(b), 3(2)(a); 2020 c. 1, Sch. 5 para. 1(1)

F3Words in reg. 2(1) substituted (28.2.2019) by The Environment, Food and Rural Affairs (Miscellaneous Amendments and Revocations) (Scotland) Regulations 2018 (S.S.I. 2018/391), regs. 1(1), 20(2)

F4Words in reg. 2(1) substituted (10.10.2011) by The Marketing of Horticultural Produce (Scotland) Amendment Regulations 2011 (S.S.I. 2011/324), regs. 1(1), 3(a)(iii)

F5Words in reg. 2(1) substituted (1.1.2014) by The Single Common Market Organisation (Consequential Amendments) Regulations 2013 (S.I. 2013/3235), regs. 1, 19(2)(a)(iii)

F6Words in reg. 2(1) substituted (1.1.2014) by The Single Common Market Organisation (Consequential Amendments) Regulations 2013 (S.I. 2013/3235), regs. 1, 19(2)(a)(iv)

F7Word in reg. 2(1) omitted (31.12.2020) by virtue of The Marketing of Horticultural Produce and Bananas (EU Exit) (Scotland) (Amendment) Regulations 2019 (S.S.I. 2019/169), regs. 1(1)(b), 3(2)(b); 2020 c. 1, Sch. 5 para. 1(1)

F8Words in Regulations substituted (22.4.2011) by The Treaty of Lisbon (Changes in Terminology) Order 2011 (S.I. 2011/1043), art. 2, Sch. 1 para. 18 (with art. 3)

F9Words in reg. 2(1) inserted (31.12.2020) by The Marketing of Horticultural Produce and Bananas (EU Exit) (Scotland) (Amendment) Regulations 2019 (S.S.I. 2019/169), regs. 1(1)(b), 3(2)(c); 2020 c. 1, Sch. 5 para. 1(1)

F10Word in reg. 2(1) omitted (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, 17(a)

F11Word in reg. 2(1) omitted (31.12.2020) by virtue of The Marketing of Horticultural Produce and Bananas (EU Exit) (Scotland) (Amendment) Regulations 2019 (S.S.I. 2019/169), regs. 1(1)(b), 3(2)(d); 2020 c. 1, Sch. 5 para. 1(1)