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 of 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: Transposed into national legislation 1. Made known through adequate training 2. Complied by all stakeholders listed in the �Traders 3. database� Enforced accordingly. 4.
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, grading into classes, (Extra class, Class I, Class II) 1. weight, 2. sizing, 3. Packaging and wrapping, 4. storage, 5. transport, 6. presentation, 7. origin and labelling of the product 8.
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 of 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: Labelling and Information particulars 1. Information particulars during transport 2. Verification of other Certificates of conformity during 3. import. Information particulars of Invoices and accompanying 4. documents Information particulars at the retail stage 5. )nformation Particulars concerning �Mixes�. 6.
Traders Database The Agriculture Directorate will : Compile (in or out) 1. Maintain (closed down, new establishment open) 2. Perform Risk analysis (selection for controls) 3. Manage controls through the Traders database. 4.
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 Directorate�s 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 original 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 trader�s 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 other non-food use, the inspection body may, if necessary, request traders to take adequate measures in order 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!
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