Do you make your own jam? Do you then sell it at the WI or the local fair?
Do you grow carrots or Cauliflowers and sell them at the end of your lane?
Do you run or contribute to a farm or charity shop that sells home made fruit pies?
Ever made a fruit cake for the old folks home or the local school?
Then these regulations apply to you too, not just to the corner shop or Tesco’s. Our nice friendly government (the real one in Brussels) have decided oh so many things need to change with regards to our fruit and veg transport, labelling, marketing, sales, processing etc. or put another way, the way we do business in the UK.
It is therefore essential as the Conservative party conference gets underway to highlight as much of this kind of crap as possible, to get Cameron to relent on Europe and start talking straight, and I mean really straight, and for once start acting in the best interests of Britain.
And if for one moment anyone tries to tell you that the EU does not make UK law, or tell us what to do, then read this.
These Regulations provide a new statutory framework for the enforcement of the European Community marketing rules in the fresh fruit and vegetable sector provided for in Articles 113 and 113a of Council Regulation (EC) No 1234/2007 (OJ No L 299, 16.11.2007, p 1) establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation), and contained in Title II of Commission Regulation (EC) No 1580/2007 (OJ No L 350, 31.12.2007, p 1) 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. In particular, they implement the revisions made to the Community marketing rules introduced by Commission Regulation (EC) No. 1221/2008 (OJ No L 336, 13.12.2008, p 1) amending 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 as regards marketing standards.
These Regulations revoke the Grading of Horticultural Produce (Amendment) Regulations 1973 (S.I. 1973/22), the Grading of Horticultural Produce (Forms of Labels) Regulations 1982 (S.I. 1982/387) and the Grading of Horticultural Produce (Amendment) Regulations 1983 (S.I. 1983/1053).
They disapply the Agriculture and Horticulture Act 1964 (c. 28) and the Horticultural Produce Act 1986 (c. 20) which modifies the 1964 Act from the Community marketing rules in the fresh fruit and vegetable sector. They also disapply the Agricultural Produce (Grading and Marking) Acts 1928 and 1931 (c. 19 and c. 40 respectively) and the Agricultural Marketing Act 1958 (c. 47).
They designate the Secretary of State as coordinating authority for the United Kingdom and as inspection body for England under Article 8(1)(a) and (b) respectively of Commission Regulation (EC) No 1580/2007 and provide for the Secretary of State to disclose and require information and to appoint authorised officers (regulation 3).
The Regulations make the failure to comply with Article 113a(3) of Council Regulation (EC) No 1234/2007, and the provisions of Commission Regulation (EC) No 1580/2007 mentioned in the Schedule, an offence. They contain additional offences necessary for the effective enforcement of the Community marketing rules (regulation 4 and the Schedule).
They exercise the derogation in Article 3(3) of Commission Regulation (EC) No 1580/2007 (regulation 5). This derogation exempts products presented for retail sale to consumers for their personal use from the specific marketing standards provided they are labelled “product intended for processing”, or with other equivalent wording, and the products are not intended for industrial processing.
Regulation 6 provides that the powers under Parts 3 and 4 of the Regulations may not be exercised on premises, or part of any premises, used wholly as a dwelling-house. The Regulations confer powers of entry (regulation 7) and other powers (regulation 8), including seizure powers which require authorised officers to fulfil certain duties in relation to any items seized. They contain powers to affix labels indicating various types of non-conformity with the Community marketing rules (regulations 9, 10 and 11).
They confer power on authorised officers to control the movement of horticultural produce and give a right of review to those served with a written notice informing of the exercise of that power (regulation 12). They confer power to affix a stop notice label warning of its exercise (regulation 13). There is provision for giving consent to the movement of controlled horticultural produce when certain conditions are met (regulation 14).
Regulations 15, 16, 17 and 19 contain provisions on offences relating to controlled horticultural produce, to the obstruction of an authorised officer, to the commission of an offence due to the fault of another person and to the commission of offences by bodies corporate etc.. Regulation 18 provides for defences of acting with lawful authority or exercising due diligence and taking reasonable precautions. Finally, Regulation 20 provides that the penalty for offences is on summary conviction a fine not exceeding level 5 on the standard scale.
A full impact assessment of the effect that these Regulations will have on the costs of business and the voluntary sector is available at www.defra.gov.uk or from the Department for Environment, Food and Rural Affairs, Nobel House, 17 Smith Square, London, SW1P 3JR. It is also annexed to the Explanatory Memorandum for these Regulations, which is available on the OPSI website (www.opsi.gov.uk).
Seeing as Defra no longer has any power, why are taxpayers being forced to pay £billions each year to keep up this pretence?
Will any of this be debated in Parliament? Very doubtful.
This is being brought into UK law using a Statutory Instrument. (2009 No.1361) called The Marketing of Fresh Horticultural Produce Regulations 2009.
Those Europhiles in the Lab/Lib/Con parties try to hide all this, they don’t really want you to know just how much law is made by the EU, so when these SI’s are laid before Parliament, no-one dare challenge them and bring attention to it, so they go through without debate.
This is your sovereignty that our supine MP’s have given away, because even if they did debate it, they no longer have the power to stop it.
Is this really the way you want to be governed ruled?.
Help us to put an end to this kind of government and insist that Cameron give a cast iron commitment to a referendum, whether Lisbon is in force or not.