The Marketing of Fresh Horticultural Produce Regulations 2009

Power to affix a labelling defect label

11.—(1) Where an authorised officer, who has lawfully entered premises for the purposes of the enforcement of these Regulations, finds any horticultural produce, or container holding horticultural produce, which—

(a) does not have a label required by the F1 ... [F2 marketing rules] affixed to it; or

(b) is not accompanied by a notice or document required by the F1 ... [F2 marketing rules]; or

(c) has a label required by the F1 ... [F2 marketing rules] affixed to it, or to its container, but the label appears to the authorised officer to be incorrect (other than in relation to a particular class under the specific marketing standard applying to that horticultural produce, if applicable), or to have been altered or defaced; or

(d) is accompanied by a notice or document required by the F1 ... [F2 marketing rules] but which appears to the authorised officer to be incorrect (other than in relation to a particular class under the specific marketing standard applying to that horticultural produce, if applicable), or to have been altered or defaced with the result that it is incorrect,

the authorised officer may, as appropriate, amend or cancel the label, notice or document and may affix to the horticultural produce, or, as the case may be, to the container, a label indicating that fact (a “labelling defect” label).

(2) The labelling defect label is a label which shows the following information—

(a) the personal number assigned to the authorised officer who carried out the inspection;

(b) the date of the inspection;

(c) the logotype of the Department for Environment, Food and Rural Affairs (Defra) the design of which is displayed on the website: www.defra.gov.uk or the logotype of Defra's successor;

(d) the logotype of the Rural Payments Agency the design of which is displayed on the website: www.rpa.gov.uk/rpa/index.nsf/home and the wording— “The Rural Payments Agency is an Executive Agency of the Department for Environment, Food and Rural Affairs (Defra)” or equivalent wording agreed by any successor to the Rural Payments Agency with the Secretary of State, and that successor's logotype;

(e) the wording— “It is an offence under the Marketing of Fresh Horticultural Produce Regulations 2009 to remove, conceal, deface or alter this label without lawful authority”;

(f) the words “LABELLING DEFECT”.

Textual Amendments

F1 Word in reg. 11 omitted (31.12.2020) by virtue of The Market Measures (Miscellaneous Provisions) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/824), regs. 1, 5(10); 2020 c. 1, Sch. 5 para. 1(1)

F2 Words 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. 13 (with art. 3)