Regulation 3 Sale, etc. contrary to relevant provisionsF1I1E1
England, Wales and Scotland
No person shall—
sell any harvested hops required by the relevant provisions to be certified before being marketed, or any hop products so required, unless they have been certified;
sell, or expose for sale, any certified hops or certified hop products otherwise than in packages which are marked and sealed in accordance with the relevant provisions;
sell any hop cones imported from a third country and falling within combined nomenclature code 1210 10 unless there has been issued in respect of those hop cones either—
an attestation of equivalence, or
in respect of hop cones imported from the European Union before F31 February 2027, provided that the Secretary of State has not published a statement under Article 77(4) of Regulation (EU) No 1308/2013 in relation to such hop cones, an EU certificate ;
sell any hop products imported from a third country unless there has been issued in respect thereof either—
an attestation of equivalence, or
in respect of hop products imported from the European Union before F41 February 2027, provided that the Secretary of State has not published a statement under Article 77(4) of Regulation (EU) No 1308/2013 in relation to such hop products, an EU certificate;
except as provided for in Article 1(3)(a) of Commission Regulation (EC) No 1850/2006 (which relates to hops harvested on land owned by a brewer and used by him in the natural or processed state), use for the manufacture of hop products any hops imported from a third country unless there has been issued in respect thereof either—
an attestation of equivalence, or
in respect of hops imported from the European Union before F51 February 2027, provided that the Secretary of State has not published a statement under Article 77(4) of Regulation (EU) No 1308/2013 in relation to such hops, an EU certificate.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Paragraph (1)(c) does not apply insofar as Article 10 of Regulation (EC) 1295/2008 provides otherwise.
A person who without reasonable excuse contravenes any provision of paragraph (1) above shall be guilty of an offence and liable on summary conviction or, in Scotland, on conviction before a court of summary jurisdiction, to a fine not exceeding F8level 5 on the standard scale.
Annotations
Textual amendments
- F1
Words in reg. 3 substituted (E.W.S) (31.12.2020) by The Market Measures (Miscellaneous Provisions) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/824), regs. 1, 2(4)(a) (as amended by S.I. 2020/1453, regs. 1(2)(b), 11(2)(c)); 2020 c. 1, Sch. 5 para. 1(1)
- F2
Reg. 3(1)(c)-(e) substituted (E.W.S) (31.12.2020) by The Market Measures (Miscellaneous Provisions) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/824), regs. 1, 2(4)(b) (as amended by S.I. 2020/1453, regs. 1(2)(b), 11(2)(c)(4); 2020 c. 1, Sch. 5 para. 1(1)
- F3
Words in reg. 3(1)(c)(ii) substituted (E.W.S.) (1.2.2025) by The Common Organisation of the Markets in Agricultural Products (Marketing Standards and Organic Products) (Transitional Provisions) (Amendment) Regulations 2025 (S.I. 2025/18), regs. 1(2), 8(2)(a)
- F4
Words in reg. 3(1)(d)(ii) substituted (E.W.S.) (1.2.2025) by The Common Organisation of the Markets in Agricultural Products (Marketing Standards and Organic Products) (Transitional Provisions) (Amendment) Regulations 2025 (S.I. 2025/18), regs. 1(2), 8(2)(b)
- F5
Words in reg. 3(1)(e)(ii) substituted (E.W.S.) (1.2.2025) by The Common Organisation of the Markets in Agricultural Products (Marketing Standards and Organic Products) (Transitional Provisions) (Amendment) Regulations 2025 (S.I. 2025/18), regs. 1(2), 8(2)(c)
- F6
Reg. 3(1)(f) omitted (E.W.) (1.12.2022) by virtue of The Common Organisation of the Markets in Agricultural Products (Amendment) Regulations 2022 (S.I. 2022/1150), regs. 1(2), 12 and omitted (S.) (2.2.2023) by virtue of The Agriculture (Retained EU Law and Data) (Scotland) Act 2020 (Consequential Modifications) and Agricultural Products, Aquatic Animal Health and Genetically Modified Organisms (EU Exit) (Amendment) Regulations 2022 (S.S.I. 2022/361), regs. 1, 13
- F7
Reg. 3(1A) inserted (17.9.2018) by The Environment, Food and Rural Affairs (Miscellaneous Amendments and Revocations) Regulations 2018 (S.I. 2018/942), regs. 1(2), 40(3)(b)
- F8
Words in reg. 3(2) substituted (5.11.1991) by The Hops Certification (Amendment) Regulations 1991 (S.I. 1991/2198), regs. 1(1), 4(b)
Commencement
- I1
Reg. 3 in force at 1.10.1979, see reg. 1(1)
Extent
- E1
This version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland only