Horticultural Products

The Horticulture Act (Northern Ireland) 1966 grants power to the department to prescribe grades of produce of horticultural products. It may prescribe the form of labeling required. The provisions do not apply to products subject to EU rules. The Department may make additional provisions in relation to the form of labeling.

Regulations do not apply to produce subject to EU grading rules. The Department may make regulations providing for additional provisions as to the form of a label or the inclusion of any other particulars not affecting the grading of the product. They may provide for certain further provisions of the legislation to apply as if it were regulated fresh produce and as if the standards of quality established by those rules were prescribed grades.

A person shall not sell fresh horticultural produce of a description in relation to which grades of quality are designated or defined unless the produce falls within the defined grade or is packed in a package to which a label in the form prescribed for that or a lower grade is affixed. The following exceptions apply: sale in the ordinary course of a retail business, where on the occasion, the total quantity of produce of any description subject to sale does not exceed the prescribed amount by weight; sale where the produce is to be used by the buyer in manufacturing or producing a commodity;

A direct sale by the producer to a person other than a retailer who gives the producer an undertaking that before sale, the produce will be sorted into defined grades, and any produce the quality of which is inferior to the grade will be separated; and that on any sale within the grade, not being a sale such as is mentioned above, the produce will be packed in a package to which a label in the form prescribed for that or any lower grade is affixed.

It is an offence to sell, expose, or offer for sale, possess for sale, not being the producer, or being the producer to consign for sale, regulated fresh produce in contravention of the legislation.

It is an offence to affix an incorrect label or incorrectly package produce that is not qualified for the relevant grade.

It is an offence to offer for sale, deliver, etc., any regulated fresh produce in contravention of EU grading rules.

It is an offence to offer regulated fresh produce for which there are prescribed grades and in relation to which a price has been courted in any advertisement, catalog, or price list without giving the particulars required by EU grading rules. It is an offence to dispatch a consignment of regulated fresh produce weighing four metric tons.

It is a defence to a prosecution to prove that he brought or took delivery of the produce as being of a quality falling within that grade and with a written warranty to that effect and at the time of commission of the offence he had no reason to believe the statement was inaccurate, that he did then believe its accuracy and that he had taken such steps as are reasonably practicable to check its accuracy. There are other limited defences available subject to conditions.

The Department may prescribe duty on persons consigning fresh horticultural produce to secure that packages, pallets, and other articles as may be prescribed are used for the transport of the same. Regulations may provide that produce shall not be sold; or exposed for sale; in packages, which may be prescribed in relation to types, sizes, capacity specifications; quantity to be packed therein; and the manner of packing.

The potential exceptions above are consignment of produce for delivery after a sale; or a sale where a produce is to be used by the buyer in manufacturing or producing any commodity for sale.

All fresh horticultural produce sold or offered or exposed for sale by wholesale or retail in a package shall be packed in such a manner that any of the produce which is exposed to view, or which would be exposed to view if it does open, fairly represents the size, maturity, condition, and variety of its contents. Breach is an offence.

Fresh horticultural produce means fresh vegetables, herbs, nuts, edible fungi; cut flowers and decorative foliage; pot plants, bedding plants and herbaceous plants; shrubs and flowering trees; fruit trees, fruit bushes, and fruit plants; bulbs, corms, and tubers.

The Department has power to undertake research or fund research in relation to the processing of horticultural produce. It may provide advice in relation to matters relating to horticulture. It may arrange classes, displays, demonstrations and make schemes for payments by way of scholarships.

The processing of horticultural products refers to peeling, trimming, washing, preparation for canning, bottling, drying, or freezing; processing of filling into containers or closing containers; processing by treatment by heat, chemicals, irradiation, drying; process of freezing.

Authorized officers of the Department have powers to enter premises, examine horticultural produce, etc., for the purpose of enforcing the legislation. They have powers to give directions in relation to court the cultural producing transit. Where it does not conform to requisite standard, they have power to re-grade produce. A range of offences are created under the legislation. These include breaching of any standards, obstruction of an officer, incorrect labeling, not having the requisite certificates, etc.

Proceedings are prosecuted by the Department or by others with the consent of the Attorney General. Persons guilty of offences are generally liable on summary conviction and are subject to a fine up to £1,000, or imprisonment up to three months, or both.

The Marketing of Potatoes Act (Northern Ireland) 1964.

A person may not send potatoes out of Northern Ireland unless they have been presented to an authorised officer for inspection at the convenient place, have been inspected and are of the prescribed standard of quality and have been graded, packed, and labelled in a prescribed manner; and while remaining in Northern Ireland are accompanied by a certificate issued.

A person may not send potatoes out of Northern Ireland to the UK or any other EU State unless the potatoes are of the prescribed standard of quality and have been graded, packed, and labelled in the prescribed manner.

Persons may be required to give information to authorised officers and constables where they are conveying or have in their custody potatoes dealt with in contravention of the legislation. They may be required to produce a certificate.

An authorised officer or constable may seize and detain potatoes in the person’s custody or in transit, in contravention of the legislation.

The Minister may make regulations prescribing standards of quality in respect of potatoes sold in Northern Ireland.

Authorised officers have powers to enter premises and inspect potatoes, liable to the Department in respect of an examination.