Regulation 4 Offences relating to the marketing of oil

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

reg.4(1) amended by Olive Oil (Marketing Standards) 1992 reg.2(3)
reg.4(3) amended by Olive Oil (Marketing Standards) 1992 reg.2(4)
reg.4(1) amended by Olive Oil (Marketing Standards) 1998 reg.2(3)
reg.4(2) revoked by Olive Oil (Marketing Standards) 1998 reg.2(4)
regs.4(3),5A amended by Olive Oil (Marketing Standards) 1998 reg.2(3)

(1)

Subject to paragraph (2) of this regulation, a person who in selling any oil contravenes Article 35.1 of the Council Regulation (which provides that certain descriptions and definitions of oil shall, in relation to the marketing of oil, be compulsory) as read with the Annex thereto commits an offence under this regulation.

(2)

Before 1st January 1990 it shall not be an offence under this regulation—

(a)

in relation to sale in Great Britain, to use a description or definition of oil which is in commercial use in the United Kingdom immediately before these Regulations come into force, or

(b)

in relation to the sale of oil referred to in point 3 of that Annex, being oil which is intended for export from the United Kingdom, to use the description “pure olive oil”.

(3)

A person who sells by retail any oil other than oil referred to in points 1(a) and (b), 3 and 6 of the Annex to the Council Regulation in contravention of Article 35.2 of that Regulation (which provides that only oil satisfying certain definitions shall be marketed at the retail stage) as read with that Annex commits an offence under this regulation.

(4)

Where the commission by any person of an offence under this regulation is due to the act or default of some other person that other person shall be guilty of the offence, and a person may be charged with and convicted of the offence by virtue of this regulation whether or not proceedings are taken against the first-mentioned person.

(5)

In proceedings against any person for an offence under this regulation it shall be a defence for that person to prove that he took all reasonable steps and exercised all due diligence to avoid committing the offence.

(6)

A person guilty of an offence under this regulation shall be liable on summary conviction to a fine not exceeding £2,000.

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