HORTICULTURE ACT (NORTHERN IRELAND) 1966 - SECT 3 Offences in connection with grading.

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HORTICULTURE ACT (NORTHERN IRELAND) 1966 - SECT 3

Offences in connection with grading.

3.(1) A person shall be guilty of an offence if he sells any
regulated fresh produce in contravention of section 2 or, with intent to sell
any such produce in circumstances such that the sale would contravene that
section, he

(a)offers or exposes the produce for sale, or

(b)not being the producer thereof, has the produce in his possession for sale,
or

(c)being the producer thereof, consigns the produce for sale.

(2) A person shall be guilty of an offence if, on behalf of the owner of any
regulated fresh produce,

(a)he carries out a sale of the produce in circumstances such that the sale
contravenes section 2, or

(b)with intent to carry out a sale of the produce in such circumstances, he
offers or exposes it for sale or has it in his possession for sale.

(3) A person shall be guilty of an offence if, having given an undertaking
such as is mentioned in section 2(2)(c), he fails to comply with the
undertaking.

(4) A person shall be guilty of an offence if he represents, whether by
affixing an incorrect label to a package containing any
regulated fresh produce or in any other manner, that regulated fresh produce
the quality of which is inferior to that required for a prescribed grade falls
within that grade.

[(5) A person shall be guilty of an offence if he sells, offers for sale,
delivers, or markets in any other manner any regulated fresh produce in
contravention of Community grading rules or with intent to sell, offer for
sale, deliver, or market in circumstances that the sale, offer for sale,
delivery or marketing would contravene those rules, he

(a)offers or exposes the produce for sale; or

(b)not being the producer thereof, has the produce in his possession for sale;
or

(c)being the producer thereof consigns the produce for sale.

(6) A person shall be guilty of an offence if, on behalf of the owner of any
regulated fresh produce

(a)he sells, offers for sale, delivers or markets regulated fresh produce in
circumstances such that the sale, offer for sale, delivery or marketing
contravenes Community grading rules; or

(b)with intent to sell, offer for sale, deliver or market
regulated fresh produce in such circumstances he offers or exposes it for sale
or has it in his possession for sale.

(7) A person shall be guilty of an offence if having given an undertaking or
having been responsible for the giving of an undertaking on his behalf by
another person as to any resorting, regrading or relabelling of
regulated fresh produce found not to conform to Community grading rules he
fails to comply with the undertaking.

(8) A person shall be guilty of an offence if he offers
regulated fresh produce of a description included in Chapter 6 of the Common
Customs Tariff of the European Communities, as amended or replaced from time
to time, for which there is a prescribed grade and in relation to which a
price has been quoted in any advertisement, catalogue or price list without
giving particulars required by Community grading rules relating thereto.

(9) A person shall be guilty of an offence if he despatches any consignment of
regulated fresh produce weighing 4 metric tons or more from one despatching
area as specified from time to time in Community grading rules, to another
such despatching area or exports any consignment of regulated fresh produce to
any place outside the European Economic Community without any certificate
accompanying the produce as required by Community grading rules.

(10) A person shall be guilty of an offence if he knowingly gives in relation
to regulated fresh produce whether by affixing an incorrect label or in any
other manner a description of the produce which does not comply with the
requirements of Community grading rules.

(11) A person shall be guilty of an offence if he fails to make any request
for inspection or give any notice or information required by
Community grading rules.]

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Northern Irish Legislation

HORTICULTURE ACT (NORTHERN IRELAND) 1966 - SECT 3