The Olive Oil (Marketing Standards) Regulations 2014
| Jurisdiction | UK Non-devolved |
| Citation | SI 2014/195 |
| Year | 2014 |
2014No. 195
FOOD
The Olive Oil (Marketing Standards) Regulations 2014
30thJanuary2014
5thFebruary2014
The Secretary of State is designated for the purposes of section 2(2) of the European Communities Act 1972( 1) in relation to the common agricultural policy of the European Union( 2).
These Regulations make provision for a purpose mentioned in that section and it appears to the Secretary of State that it is expedient for the references to the provisions of the EU Regulation specified in regulation 2(2)(a)and to the EU Regulations specified in regulation 2(2)(b)and (c)to be construed as references to those provisions and to those Regulations as amended from time to time.
The Secretary of State makes the following Regulations in exercise of the powers conferred by section 2(2) of, as read with paragraph 1A of Schedule 2 to, the European Communities Act 1972( 3).
There has been consultation as required by Article 9 of Regulation (EC) No 178/2002of 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( 4).
PART 1
Introduction
Citation and commencement
1. These Regulations may be cited as the Olive Oil (Marketing Standards) Regulations 2014 and come into force on 1st March 2014 except for regulation 5(2)(c) which comes into force on 13th December 2014.
Interpretation
2. (1) In these Regulations-
"appropriate authority" means-
(a) the food authority;(b) in England, the Secretary of State;(c) in Wales, the Welsh Ministers;(d) in Scotland, the Scottish Ministers; and(e) in Northern Ireland, the Department of Agriculture and Rural Development;"food authority" means-
(a) in England-(i) any county council;(ii) any district council;(iii) any London borough council;(iv) the Common Council of the City of London (including the Temples) in its capacity as a local authority; or(v) the Council of the Isles of Scilly;(b) in Wales, any county council or any county borough council;(c) in Scotland, any council constituted under section 2 of the Local Government etc. (Scotland) Act 1994( 5); and(d) in Northern Ireland, any district council.(2) In these Regulations references to-
(a) Article 78(1)(g) and (2) of and Part VIII of Annex VII to 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 1037/2001and (EC) No 1234/2007( 6),(b) Commission Regulation (EEC) No 2568/91on the characteristics of olive oil and olive-residue oil and on the relevant methods of analysis( 7), and(c) Commission Implementing Regulation (EU) No 29/2012 on marketing standards for olive oil( 8),(referred to in these Regulations as "the EU Regulations") are references to the provisions of the Regulation specified in sub-paragraph (a) and to the Regulations specified in sub-paragraphs (b) and (c) as amended from time to time.
(3) Expressions used in these Regulations and the EU Regulations have the same meaning in these Regulations as they have in the EU Regulations.
Notices
3. (1) A notice served under regulation 5must be in writing and may be served on a person by-
(a) personal delivery;(b) leaving it at the person's proper address; or(c) sending it by post or by electronic means to the person's proper address.(2) In the case of a body corporate, a notice may be served on an officer of that body.
(3) In the case of a partnership, a notice may be served on a partner or person who has control or management of the partnership business.
(4) In the case of an unincorporated association, a notice may be served on an officer of the association or member of its governing body.
(5) For the purposes of this regulation and section 7 of the Interpretation Act 1978( 9) (which relates to the service of documents by post) in its application to this regulation, "proper address" means-
(a) in the case of a body corporate or an officer of that body-(i) the registered or principal office of the body; or(ii) the email address of the officer;(b) in the case of a partnership or a partner or person who has control or management of the partnership business-(i) the principal office of the partnership; or(ii) the email address of the partner or person who has that control or management;(c) in the case of an unincorporated association or an officer of the association or member of its governing body-(i) the principal office of the association; or(ii) the email address of the officer or member;(d) in any other case, a person's last known address, which includes an email address.(6) For the purposes of paragraph (5), the principal office of a body corporate registered outside the United Kingdom or of a partnership or unincorporated association carrying on business outside the United Kingdom is its principal office in United Kingdom.
(7) If a person to be served with a notice has specified an address in the United Kingdom (other than that person's proper address) at which that person or someone on that person's behalf will accept notices, that address must instead be treated as that person's proper address.
PART 2
Enforcement
Authorised officers
4. The appropriate authority may appoint in writing officers to act for the purposes of these Regulations and the EU Regulations and in these Regulations "authorised officer" means an officer appointed under this regulation.
Compliance notices
5. (1) An authorised officer who has reasonable grounds for believing that any person has not complied with, or is not likely to comply with, any provision in paragraph (2)may serve a notice on that person (in these Regulations referred to as a "compliance notice") which states-
(a) the reason for the service of the notice and for the steps required to be taken;(b) the steps which the person must take, being such steps that the authorised officer believes are necessary to ensure compliance with the provisions referred to in paragraph (2);(c) the time by which each of the steps must be taken;(d) that failure to comply with the notice is an offence; and(e) the right of appeal against the notice and the period within which such an appeal may be brought.(2) For the purposes of paragraph (1), the provisions are-
(a) Article 78(1)(g) and (2) of and Part VIII of Annex VII to Regulation (EU) No 1308/2013, as read with Commission Regulation (EEC) No 2568/91;(b) Article 2 of Commission Implementing Regulation (EU) No 29/2012, as read with Article 3, 4, 5 or 6 of that Regulation;(c) Article 2 of Commission Implementing Regulation (EU) No 29/2012, as read with Article 4a or 4b of that Regulation; and(d) Article 7a of Commission Regulation (EEC) No 2568/91, as read with the Schedule (which makes further provision for entry and withdrawal registers).(3) An authorised officer may serve a notice on a person withdrawing, varying or suspending a compliance notice served under paragraph (1).
(4) A notice served under this regulation must be complied with at the expense of the person on whom it is served and, if it is not complied with, an authorised officer may arrange for it to be complied with at the expense of that person.
Powers of entry
6. (1) An authorised officer may, on giving reasonable notice, enter any premises at any reasonable hour for the purposes of executing and enforcing these Regulations and the EU Regulations, including for the purposes of-
(a) complying with a verification request made under Article 8(2) of Commission Implementing Regulation (EU) No 29/2012; and(b) carrying out the conformity checks required by Article 2a of Commission Regulation (EEC) No 2568/91.(2) But paragraph (1)does not apply in relation to premises used wholly or mainly as a private dwelling house.
(3) The requirement in paragraph (1)to give notice does not apply-
(a) where reasonable efforts to agree an appointment have failed;(b) where an authorised officer reasonably believes that giving notice would defeat the object of the entry; or(c) where an authorised officer has a reasonable suspicion of a breach of these Regulations or the EU Regulations.(4) An authorised officer must, if requested to do so, produce a duly authenticated authorisation document.
(5) A justice of the peace may by signed warrant permit an authorised officer to enter premises, except any premises used wholly or mainly as a private dwelling house, if necessary by reasonable force, if the justice, on sworn information in writing (or, in Scotland, by evidence on oath, or, in Northern Ireland, on a sworn complaint in writing) is satisfied-
(a) that there are reasonable grounds to enter those premises for the purpose of enforcing these Regulations or the...To continue reading
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