Feb 13 - Commission Regulation 1221/2008 provides for a general marketing standard for all fresh fruits and vegetables and repeals specific marketing standards for 26 products. For 10 types of fruit and vegetables, specific marketing standards will remain in place. The regulation will apply as of July 1, 2009.
Legislation
Commission Regulation 1221/2008 provides for a general marketing standard for all fresh fruits and vegetables and repeals specific marketing standards for 26 products. For 10 types of fruit and vegetables, specific marketing standards remain in place. The regulation will apply as of July 1, 2009.
The new rules were notified to the WTO under the TBT Agreement in August 2009 (WTO Notification G/TBT/N/EEC/210). The U.S. commented on the notified rules on October 14, 2008.
What changes?
As of July 1, 2009, existing marketing standards will be repealed for 26 products: apricots, artichokes, asparagus, aubergines (eggplant), avocadoes, beans, Brussels sprouts, carrots, cauliflowers, cherries, courgettes (zucchini), cucumbers, cultivated mushrooms, garlic, hazelnuts in shell, headed cabbage, leeks, melons, onions, peas, plums, ribbed celery, spinach, walnuts in shell, water melons and chicory. Fruits and vegetables not covered by a specific marketing standard must conform to the general marketing standard.
Regulation 1221/2008 maintains specific marketing standards for 10 products: apples, citrus fruit, kiwi fruit, lettuces, peaches and nectarines, pears, strawberries, sweet peppers, table grapes and tomatoes. The specific marketing standards are set out in Part B of Annex I to Regulation 1221/2008.
General Marketing Standard
The general marketing standard is set out in Part A of Annex I to Regulation 1221/2008.
Minimum quality requirements:
The products must be:
- intact (tolerances are permitted)
- clean (practically free of any visible foreign matter)
- practically free from pests and from damage caused by pests affecting the flesh
- free of abnormal external moisture
- free of any foreign smell and/or taste
- in such a condition that they can withstand transport and handling and arrive in satisfactory condition at the place of destination
Minimum maturity requirements:
The products must be sufficiently developed and display satisfactory ripeness.
Tolerance: A tolerance of 10% by number of weight of product not satisfying the minimum requirements is permitted in each lot. However, the tolerance does not cover product affected by rotting or any other deterioration rendering it unfit for human consumption.
Mixes: The marketing of packages of a net weight of 5 kg or less containing mixes of different types of fruit and vegetables is allowed provided that the products are of uniform quality and each product complies with the relevant specific marketing standard or, if no specific marketing standards exists, the general marketing standard.
Exemptions
The following products are not required to conform to the general marketing standard:
- mushrooms other than cultivated mushrooms
- capers
- bitter almonds
- shelled almonds
- shelled hazelnuts
- shelled walnuts
- pine nuts
- saffron
Products which have undergone a trimming or cutting making them “ready to eat” or “kitchen ready” are not required to meet the general or specific marketing standards.
Products intended for the processing industry, animal feed or other non-food use are not required to meet the general or specific marketing standards if they are properly labeled.
Labeling
For products covered by the general marketing standard, the country of origin must be indicated in any language understandable by the consumers of the country of destination.
Labeling requirements for products covered by a specific marketing standard are set out in Part B of Annex I to Regulation 1221/2008. Member States may exempt products presented for retail sale from meeting the specific marketing standards if they are labeled “product intended for processing” or any other equivalent wording.
If the fruit and vegetables in a mix originate in more than one third country, the full names of the countries may by replaced with “mix of non-EC fruit and vegetables”.
Fruit and vegetables destined for the processing industry must be clearly labeled “intended for processing” or “for animal feed” or any other equivalent wording.
Labeling information must be clear and legible on one side of the package, either indelibly printed directly onto the package or on a label which is an integral part of the package or affixed to it. For goods shipped in bulk, the labeling information may be given in the documents accompanying the goods.