Office of Public Sector Information
(This note is not part of the Regulations)
These Regulations come into operation on 20th June 2008. They–
provide for the application of—
(c) Article 4 of Regulation No. 865/2004 of the Council on the establishment of a common organisation of the market in olive oil and table olives (“Regulation 865/2004”) (O.J. No. 206, 9.6.2004, p.37); and
(d) Commission Regulation (EC) No. 1019/2002 on marketing standards for olive oil (“Regulation 1019/2002”) (O.J. No. 155, 14.6.2002, p.27) as last amended by Commission Regulation (EC) No. 1044/2006 (O.J. No. L. 187, 8.7.2006, p.20).
Article 4 of Regulation 865/2004 makes the use of prescribed descriptions and definitions of olive oils and olive-pomace oils compulsory for the purposes of trade, and prohibits retail marketing of certain categories of oil.
Regulation 1019/2002 lays down specific standards for retail stage marketing of certain olive and olive-pomace oils (referred to as “relevant oil” in this Regulation), in particular, packaging and detailed labelling rules.
In implementation of Regulations 136/66, 865/2004 and 1019/2002, these Regulations—
(i) designate the authorities who are to enforce the Regulations (regulation 3);
(ii) prescribe offences and penalties for contravention of Regulations 136/66, 865/2004 and 1019/2002 (regulations 4-8), and certain defences (regulations 15-16); and
(iii) create powers of entry, inspection, sampling and production of documents (regulation 11).
A person will be guilty of an offence if he:
– contravenes Article 35 of Regulation 136/66 (regulation 4);
– contravenes Article 4 of Regulation 865/2004 (regulation 4);
– packages relevant oil in quantities exceeding 5 litres, or in packaging with an opening system which can be resealed after first opening (regulation 4);
– sells relevant oil without providing information on the category of oil (regulation 4);
– includes on the packaging for sale of relevant oil a designation of origin in contravention of Article 4 or Regulation 1019/2002 (regulation 5);
– includes on the labelling of relevant oil optional indications in contravention of Article 5 of Regulation 1019/2002 (regulation 6);
– includes on the labelling of blended oil any images or graphics highlighting the presence of relevant oil, where there is not more than 50% of such oil in the blend, or otherwise contravenes Article 6 of Regulation 1019/2002 (regulation 7); or
– intentionally obstructs an authorised officer enforcing these Regulations or fails to supply required information (regulation 12).
The offences in regulations 4, 5, 6 and 7 carry a penalty on conviction of a fine not exceeding the statutory maximum. The offences in regulation 12 carry a penalty on conviction of a fine not exceeding level 3 on the standard scale.
These Regulations revoke the Olive Oil (Marketing Standards) Regulations (Northern Ireland) 1987 with savings.
The Olive Oil (Marketing Standards) Regulations (Northern Ireland) 2008