Agriculture and Horticulture Act 1964 (c. 28)

(1) The Ministers may in relation to any description of fresh horticultural produce by regulations designate and define grades of quality, and prescribe for each grade the form of a label for indicating that produce in connection with which the label is used falls within that grade. (2) Regulations under subsection (1) above may provide that a label recognised under the law of any country outside Great Britain as indicating that produce in connection with which it is used is of a quality not inferior to that required for a grade prescribed under that subsection shall be treated for the purposes of this Part of this Act as if it were in the form so prescribed for that grade. [ F10 (3) Regulations under subsection (1) above shall not apply to produce of any description for the time being subject to Community grading rules; but in relation to any such produce the Ministers may by regulations— (a) make additional provision as to the form of any label required for the purpose of those rules or as to the inclusion in any such label of additional particulars (not affecting the grading of the produce); (b) provide for the application, subject to any modifications specified in the regulations, of all or any of the following provisions of this Part of this Act as if the produce were regulated produce and as if the standards of quality established by those rules were prescribed grades; ] Textual Amendments F10 S. 11(3) added by European Communities Act 1972 (c. 68, SIF 29:5) , s. 4 , Sch. 4 para. 4(1) Modifications etc. (not altering text) C16 S. 11(3) explained (17.11.2003) by Horticultural Produce (Community Grading Rules) (Scotland) Regulations 2003 (S.S.I. 2003/502) , regs. 1(2) , 2

(1) Except in such circumstances as are mentioned in subsection (2) below, a person shall not sell any fresh horticultural produce of a description in relation to which grades of quality are designated and defined under section 11(1) above (in this Part of this Act referred to as “ regulated produce ”) unless the produce falls within a prescribed grade and is packed in a container to which is affixed a label in the form prescribed for that or any lower grade or, if not packed in a container, has affixed to it such a label. (2) The circumstances referred to in subsection (1) above are as follows:— (a) a sale of the produce by retail; (b) a sale where the produce is to be transported to a country outside the United Kingdom by, or to the order of, the buyer; (c) a sale where the produce is to be used by the buyer in manufacturing or producing any commodity for sale or other disposal by him; (d) a direct sale by the producer of any produce to a person who undertakes— (i) that before any sale by him of any of the produce, not being a sale such as is mentioned in paragraph ( b ) or ( c ) above, the produce will be sorted into the prescribed grades and produce the quality of which is inferior to that required for the lowest prescribed grade will be separated from other produce, and (ii) that on any sale by him of any of the produce falling within a prescribed grade, not being a sale such as is mentioned in paragraph ( b ) or ( c ) above, the produce will be packed in a container to which is affixed a label in the form prescribed for that or any lower grade or, if not packed in a container, will have affixed to it such a label; or (e) a direct sale by the producer of any produce where the produce is, or is to be, delivered at premises, or at any stall or vehicle, from which it is to be sold by retail. (3) The Ministers may if they think fit by order provide that subsection (2) above shall have effect, in relation to such sales as are described in the order, as if paragraph ( e ) were omitted; and an order made under this subsection may be varied or revoked by a subsequent order made by the Ministers. (4) In this section “ direct sale ” means a sale where negotiations on behalf of the vendor are not conducted by any agent other than a person employed by him under a contract of service.