2012 No. 299
Horticulture
The Marketing of Fresh Horticulture Produce (Amendment) Regulations (Northern Ireland) 2012
Made 20th July 2012
Coming into operation 27th August 2012

The Department of Agriculture and Rural Development is designated for the purposes of section 2(2) of the European Communities Act 1972 in relation to the common agricultural policy of the European Union.
S.I. 2000/2812, see also S.I. 2011/1043
1972 c.68; paragraph 1A of Schedule 2 was inserted by section 28 of the Legislative and Regulatory Reform Act 2006 (c.51)
The Department of Agriculture and Rural Development makes the following Regulations under the powers conferred by section 2(2) of the European Communities Act 1972.
These Regulations make provision for a purpose mentioned in section 2(2) of the European Communities Act 1972 and it appears to the Department that it is expedient for references to 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 to be construed as references to that Regulation as amended from time to time.
O.J. L 157, 15.6.2011, p.1, as last amended by Commission Implementing Regulation (EU) No 898/2011 (O.J. No L 231, 8.9.2011, p.11)
There has been open and transparent public consultation during the preparation of these Regulations as required by Article 9 of Regulation (EC) No 178/2002 of the European Parliament and of the Council laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety.
O.J. No L 31, 1.2.2002, p.1, as last amended by Commission Regulation (EC) No 202/2008 (O.J. No L 60, 5.3.2008, p.17)

1 Title and commencement
These Regulations may be cited as the Marketing of Fresh Horticulture Produce (Amendment) Regulations (Northern Ireland) 2012 and shall come into operation on 27th August 2012.

Amendment of the Marketing of Fresh Horticulture Produce Regulations (Northern Ireland) 2010
2 The Marketing of Fresh Horticulture Produce Regulations (Northern Ireland) 2010 are amended in accordance with regulations 3 to 13.
S.R. 2010 No. 198
3 In regulation 2 (Interpretation)—
(a) in paragraph (1)—
(i) for the definition of “Commission Regulation 1580/2007” substitute—

““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;”

;
O.J. L 157, 15.6.2011, p.1.
(ii) for the definition of “Community marketing rules” substitute—

““Community 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 1234/2007, and includes the rules relating to those standards contained in Articles 113 and 113a of that Council Regulation and in Title II of Commission Implementing Regulation 543/2011;”

;
(iii) for the definition of “general marketing standard” substitute—

““general marketing standard” means the requirements of Article 113a(1) of Council Regulation 1234/2007 as detailed in Article 3(1) of, and Part A of Annex I to, Commission Implementing Regulation 543/2011”

; and
(iv) for the definition of “specific marketing standards” substitute—

““specific marketing standards” means the marketing standards provided for under Article 113(1)(b) of Council Regulation 1234/2007 as detailed in Article 3(2) of, and Part B of Annex I to, Commission Implementing Regulation 543/2011;”

; and
(b) in paragraph (2), for “Commission Regulation 1580/2007” substitute “Commission Implementing Regulation 543/2011”.
4 In regulation 3(1) (Designations, provisions of information and appointment of authorised officers) for “Article 8(1)(b) of Commission Regulation 1580/2007” substitute “Article 9(1)(b) of Commission Implementing Regulation 543/2011”.
5 For regulation 10(3) (Authorised officer: powers to control the movement of horticultural produce) substitute—

“3 Any notice served under paragraph (1) shall state—
(a) the right of review under regulation 11; and
(b) how it may be exercised.”

.
6 For regulation 13(6) (Authorised officer: consents to the movement of controlled horticultural produce) substitute—

“6 A consent given by an authorised officer under this regulation must—
(a) specify the horticultural produce to which it relates;
(b) include the terms of any undertaking given under paragraph (3) or (5); and
(c) where the consent is given under paragraph (4), state that the horticultural produce continues to be controlled.”

.
7 In regulation 15(3) (Community marketing rules offences), for “Commission Regulation 1580/2007” substitute “Commission Implementing Regulation 543/2011”.
8 After regulation 15 insert—

“15A Provision of information – trader database
1 A trader must provide to the Department such information as the Department considers necessary to set up and update the database established for the purpose of Article 10 of Commission Implementing Regulation 543/2011.
2 A person is guilty of an offence if they fail to provide any information required by the Department in accordance with paragraph (1).

15B Provision of information – conformity checks
1 A trader must provide to an authorised officer such information as that officer considers necessary—
(a) for organising and carrying out a conformity check in accordance with Article 11 of Commission Implementing Regulation 543/2011; or
(b) for the purposes of Article 17 of Commission Implementing Regulation 543/2011.
2 A person is guilty of an offence if they fail to provide any information required by an authorised officer in accordance with paragraph (1).”

.
9 In regulation 17 (Offences relating to movement of controlled horticultural produce)—
(a) for paragraph (1) substitute—

“1 A person is guilty of an offence if they move controlled horticultural produce, or a container with controlled horticultural produce in it, or causes or permits it to be moved—
(a) without the written consent; or
(b) other than in accordance with the written consent,
of an authorised officer given under regulation 13(1).”

; and
(b) omit paragraph (3).
10 In regulation 18(1) (Obstruction)—
(a) in sub-paragraph (a) omit “intentionally”;
(b) for sub-paragraph (b) substitute—

“(b) fail without reasonable excuse to give an authorised officer acting for the purpose of the enforcement of these Regulations any assistance or information or to provide any record or facilities that the authorised officer may reasonably require; ”

; and
(c) in sub-paragraph (d), for “without reasonable excuse, proof of which shall lie on that person, supply” substitute “supply”.
11 For regulation 19(2) (Offence due to fault of another person) substitute—

“2 Proceedings may be taken against B whether or not proceedings are taken against A . ”

.
12 For regulation 21 (Offences by bodies corporate) substitute—

“21 Offences by bodies corporate
1 Where—
(a) an offence under these Regulations has been committed by a body corporate or a partnership or other unincorporated association;
(b) it is proved that the offence was committed with the consent or connivance of, or was attributable to any neglect on the part of—
(i) a relevant individual; or
(ii) an individual purporting to act in the capacity of a relevant individual,
the individual as well as the body corporate, partnership or unincorporated association is guilty of the offence and is liable to be proceeded against and punished accordingly.
2 In paragraph (1), “relevant individual” means—
(a) in relation to a body corporate—
(i) a director, manager, secretary or other similar officer of the body;
(ii) where the affairs of the body are managed by its members, a member;
(b) in relation to a partnership, a partner;
(c) in relation to an unincorporated association other than a partnership, a person who is concerned in the management or control of the association.”

.
13 For Schedule 2 (Provisions under Commission Regulation 1580/2007) substitute—

“SCHEDULE 2 Provisions of Commission Implementing Regulation 543/2011
Regulation 15(3)
Column 1 Relevant provision of Commission Implementing Regulation 543/2011	Column 2 Provision of Commission Implementing Regulation 543/2011 to be read with the provision in column 1	Column 3 Subject matter
Article 5(1)	Annex I, Art. 4(3), Art. 5(2) to (4), Art. 6, Art. 7	General requirements for information particulars
Article 5(2)	Annex I, Art. 5(1), (3) and (4), Art. 7	Requirements for information particulars in documents accompanying bulk shipments and goods loaded directly onto a means of transport
Article 5(3)	Annex I, Art. 5(1) and (4), Art. 7	Requirement for information particulars in the case of distance contracts to be available before the purchase is concluded
Article 5(4)	Annex I, Art. 5(1) to (3), Art. 7	Requirement for information particulars on invoices and accompanying documents
Article 6	Annex I, Art. 4(3), Art. 7	Requirement for information particulars at the retail stage
Article 7(1)	Annex I, Art. 4(3), Art. 6, Art. 7(2) and (3)	Requirements for sale of mixes of different types of fruit and vegetables”

.
Sealed with the Official Seal of the Department of Agriculture and Rural Development on 20th July 2012
Keith Morrison A senior officer of the Department of Agriculture and Rural Development

EXPLANATORY NOTE
(This note is not part of the Regulations)
These Regulations implement 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 sector (O.J. L 157, 15.6.2011, p.1) (“the EU Regulation”).
The EU Regulation consolidated with amendments Commission Regulation (EC) No 1580/2007 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 (O.J. L 350, 31.12.2007, p.1).
Regulations 3, 4, 7 and 13 amend the Marketing of Fresh Horticulture Produce Regulations (Northern Ireland) 2010 (“the principal Regulations”) to update the necessary references to the EU Regulation.
In addition, regulation 5 amends regulation 10 of the principal Regulations to provide for when serving the notice under regulation 10(1), the authorised officer shall state the right of review under regulation 11 and how it may be exercised.
Regulations 6 and 8 to 12 update the principal Regulations in line with current drafting practice.
No business and Regulatory Impact Assessment has been prepared for these Regulations as they have no impact on the cost of business in Northern Ireland.