# Commission Implementing Regulation (EU) No 543/2011 of 7 June 2011 laying down detailed rules for the application of Council Regulation (EC) No 1234/2007 in respect of the fruit and vegetables and processed fruit and vegetables sectors, Division 2.5: Physical check

Extent: E+W+S+N.I.

Assessment of packaging and presentation:
The packaging, including the material used within the package, shall be tested for suitability and cleanness according to the provisions of the relevant marketing standard. This shall be done on the basis of primary samples, in case of packed produce and in all other cases on the basis of the transport vehicle. If only certain types of packaging or presentation are permitted, the inspector shall check whether these are being used.
Verification of marking:
The inspector shall check whether the produce is marked according to the relevant marketing standard. This shall include a check on the accuracy of marking and/or the extent of any amendments required.
In case of packed produce, this check shall be carried out on the basis of the primary samples, in all other cases on the basis of the documents attached to the pallet or the transport vehicle.
Fruit and vegetables individually wrapped in plastic shall not be considered as prepacked food in the meaning of Article 2(2)(e) of Regulation (EU) No 1169/2011 and shall not necessarily need to be marked in accordance with the marketing standards. In such cases, the plastic wrapping may be considered as a simple protection for fragile products.
Verification of conformity of the produce:
The inspector shall determine the size of the bulk sample in such way as to be able to assess the lot. The inspector selects at random the packages to be inspected or in the case of bulk produce the points of the lot from which individual samples shall be taken.
Care shall be taken to ensure that the removal of samples does not adversely affect the quality of the produce.
Damaged packages shall not be used as part of the bulk sample. They shall be set aside and may, if necessary, be subject to a separate examination and report.
The bulk sample shall comprise the following minimum quantities whenever a lot is declared unsatisfactory or the risk of a produce not conforming to the marketing standard has to be examined:
Packed produce
Number of packages in the lot
Number of packages to be taken (primary samples)
Up to 100
5
From 101 to 300
7
From 301 to 500
9
From 501 to 1 000
10
More than 1 000
15 (minimum)
Produce in bulk(direct loading into a transport vehicle or compartment thereof)
Quantity of lot in kg or number of bundles in the lot
Quantity of primary samples in kg or number of bundles
Up to 200
10
From 201 to 500
20
From 501 to 1 000
30
From 1 001 to 5 000
60
More than 5 000
100 (minimum)
In the case of bulky fruit and vegetables (over 2 kg per unit), the primary samples shall be made up of at least five units. In the case of lots comprising fewer than 5 packages or weighing less than 10 kg, the check shall cover the entire lot.
If the inspector discovers, after an inspection, that a decision cannot be reached, another physical check shall be undertaken and the overall result reported as an average of the two checks.

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Source: https://www.legislation.gov.uk/eur/2011/543/annex/V/division/2/division/2.5 (the official version)
Page: https://openlegislation.uk/eu-regulation-2011-543/annex-V/division-2/division-2.5
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.