By: Kriss Debono Marketing Standards Article 113a(1) of EC - - PowerPoint PPT Presentation

By: Kriss Debono

Marketing Standards

Article 113a(1) of EC 1234/2007, states that fruit and vegetables which are intended to be sold fresh to the consumer, may only be marketed if they are of sound, fair and marketable quality and if the country

• f origin is indicated .

EU Regulation Framework

Council Regulation 1234/2007 - Marketing standards and conditions for the production Article 113 Provision may be made by the Commission for marketing standards for one or more of the products of the following sectors: (a) olive oil and table olives in respect of the products; (b) fruit and vegetables; (c) processed fruit and vegetables; (d) bananas; (e) live plants.

EU Regulation Framework (Cont)

The standards referred to above include:

 the specificities of the products concerned;  the need to ensure the conditions for a smooth

disposal of those products on the market;

 the interest of consumers to receive adequate and

transparent product information including, in particular for products of the fruit and vegetables sectors, the country of origin, the class and, where appropriate, the variety (or the commercial type) of the product

EU Regulation Framework (Cont)

 Regarding Fruit and vegetables sectors, the Standard

recommendations adopted by the UN-Economic Commission for Europe (UN/ECE) are to be considered;

 relate to quality, grading into classes, weight, sizing,

packaging, wrapping, storage, transport, presentation, marketing, origin and labelling.

Marketing Standards- Why enforcement?

 Farmer interest:

• 1. Fair reward through quality achieved through farmer

efforts in product quality.

 Consumer interest:

• 2. product being purchased is of a satisfactory quality

standard, with complete traceability

• 3. Aware of product price vis a vis quality standard

Local Framework Set Up

In Malta the inspection Body is the Inspectorate Unit within the Agriculture Directorate (MSDEC) and the Coordinating Body is the Regulatory Section/Office of the Director of Agriculture.

Role of Regulatory Section

 To ensure that the legal provisions laid down in EU

legislation are:

1.

Transposed into national legislation

2.

Made known through adequate training

3.

Complied by all stakeholders listed in the Traders database

4.

Enforced accordingly.

Regulatory Section -Objective

Traders offering fresh fruit or vegetables

for sale are responsible for ensuring the produce meets minimum quality requirements and is correctly as well as clearly labelled with the required information!

Who/When will the Regulatory Section Control?

 Through a Risk Analysis all retailers in the Traders

Database marketing fresh fruit and vegetables shall be subject to controls by the Regulatory Section at all marketing stages including import and export unless otherwise provided for by the Commission

Who is eligible?

Imports of fruit and vegetables from third countries.

 Conformity checks must therefore be carried out

before such goods enter the customs territory of the Union, except in the case of small lots which the inspection bodies consider to be low risk. Why?

 regularly verify the effectiveness and quality of the pre-

export checks carried out by third country inspection bodies

Who is eligible? cont

 Exports

To ensure that exports of fruits and vegetables to third countries conform to the marketing standards and should certify conformity.

 Local Produce for local consumption

What will the Regulatory Section Control?

Controls will relate to quality of product,

1.

grading into classes, (Extra class, Class I, Class II)

2.

weight,

3.

sizing,

4.

Packaging and wrapping,

5.

storage,

6.

transport,

7.

presentation,

8.

• rigin and labelling of the product

On what will controls be performed?

 Compliance on General marketing standards on all

fresh fruit and vegetables not covered by a specific marketing standard.

 Except those products specified in Regulation, such as

Non-cultivated mushrooms, Capers, Most varieties of nuts, Dried plantains, Dried citrus, Saffron

On what will controls be performed?

 Labelling requirements are adhered to;  Issue certificate of conformity on local produce and

produce for export, or to amend at Import stage);

 Analyse certificates of conformity imports;  Report: to the Commission and the Member States likely

to be concerned of any non conformity detected;

 If non complaint?- Prevent release into free circulation

because of non-compliance (unless situation rectified)

Situations of Exemptions

 Products not to be sold to the consumer, (e.g for

transport, storage, heading towards packaging stations etc)

 Products ready to be sold to the consumer labelled

product intended for processing or with any other equivalent wording showing that it is intended for processing.

Situation of Exemptions

 products directly sold by the producer to the final

consumer for personal use within established Farmers Markets*

 Processed fruit and vegetables

Sample Selection-Risk Analysis

The criteria to assess the risk may also include:

 the nature of the product, the period of production, the price of the

product, the weather, the packing and handling operations, the storage conditions, the country of origin, the means of transport or the volume of the lot;

 the size of the traders, their position in the marketing chain, the

volume or value marketed by them, their product range, the delivery area or the type of business carried out such as storage, sorting, packing or sale;

 findings made during previous checks including the number and type

• f defects found, the usual quality of products marketed, the level of

technical equipment used; the reliability of traders quality assurance systems or self- checking systems related to the conformity to marketing standards.

Administrative checks

 Checks by the Regulatory Section (inspectorate Unit) will

include:

1.

Labelling and Information particulars

2.

Information particulars during transport

3.

Verification of other Certificates of conformity during import.

4.

Information particulars of Invoices and accompanying documents

5.

Information particulars at the retail stage

6.

)nformation Particulars concerning Mixes.

Traders Database

 The Agriculture Directorate will : 1.

Compile (in or out)

2.

Maintain (closed down, new establishment open)

3.

Perform Risk analysis (selection for controls)

4.

Manage controls through the Traders database.

Traders Database

 Agriculture Directorate:

Shall determine the conditions under which the following traders are to be included or not in the database: (a) traders whose activities are exempt from the obligation to comply with the marketing standards (b)natural or legal persons whose activities in the fruit and vegetables sector are limited either to the transport of goods, or to the sale at the retail stage. Agriculture Directorates role is to ensure that the database, its elements and their updating are uniform. The updating of the database shall be done in particular using the information collected during conformity checks

Controls

 Instead of certificates issued by competent authorities in

the Union, third countries may use their own certificates provided that they contain at least equivalent information to the Union certificate.

 The certificates may be issued either in paper format with

• riginal signature or in verified electronic format with

electronic signature.

 Each certificate shall be stamped by the competent

authority and signed by the person or persons empowered to do so.

 The certificate shall be issued in English and Maltese.  Each certificate shall bear a serial number, by which it can

be identified.

Findings of non- conformity

 The Inspectorate Unit may accept a traders wish to

bring the goods into conformity in a Member State other than that where the check leading to a finding of non- conformity has been carried out, never the less the trader must notify the competent inspection body of the destination Member State of the non-conforming lot. .

 Where the goods can neither be brought into conformity

nor sent to animal feed, industrial processing or any

• ther non-food use, the inspection body may, if

necessary, request traders to take adequate measures in

• rder to ensure that the products concerned are not

marketed.

Way Forward:

 Finalise Legal Notice.  Setting up the Trader Database.  Setting up capping mechanism – who will be included

into the Database.

 Role of farmers, middlemen and retail outlets.  Warning and penalty system.  Information and training campaign.

Thank you for your attention!