S.L. 117.36 Art. 4Exceptions and exemptions from the application of marketing standards.

(1) By way of derogation from Article 76(3) of Regulation

(EU) No. 1308/2013, the following products shall not be required to conform to the marketing standards:

(a) provided they are clearly marked with the words

‘intended for processing’ or ‘for animal feed’ or any other equivalent wording, products:

(i) intended for industrial processing, or

(ii) intended for animal feed or other non-food use;

(b) products transferred by the producer on his holding to consumers for their personal use;

(c) products recognised in a Commission Decision taken at the request of a Member State in accordance with the procedure referred to in Article 229 of Regulation

(EU) No. 1308/2013 as products of a given region which are sold by the retail trade of the region for well established traditional local consumption;

(d) products having undergone a trimming or cutting making them ‘ready to eat’ or ‘kitchen ready’;

(e) products marketed as edible sprouts, following germination of seeds of plants classified as fruit and vegetables under Article 1(2)(i) and Part IX of Annex 1 to Regulation (EU) No. 1308/2013.

(2) By way of derogation from Article 76(3) of Regulation (EC) No. 1308/2013, the following products shall not be required to conform to the marketing standards within a given production area:

(a) products sold or delivered by the grower to preparation and packaging stations or storage facilities, or shipped from his holding to such stations; and

(b) products shipped from storage facilities to preparation and packaging stations.

(3) By way of derogation from Article 76(3) of Regulation (EU) No. 1308/2013, the competent authority shall exempt from the specific marketing standards products presented for retail sale to consumers for their personal use and labelled ‘product intended for processing’ or with any other equivalent wording and intended for processing other than those referred to in sub-regulation (1)(a)(i).

(4) By way of derogation from Article 76(3) of Regulation (EU) No. 1308/2013, the competent authority may exempt from the marketing standards products directly sold by the grower to the final consumer for personal use on markets reserved only for producers within a given production area defined by Member States.

(5) By way of derogation from Article 76(3) of Regulation (EU) No. 1308/2013 as regards the specific marketing standards, fruit and vegetables other than the ‘Extra’ Class, at stages following dispatch, may show a slight lack of freshness and turgidity and slight deterioration due to their development and their tendency to perish.

(6) By way of derogation from Article 76(3) of Regulation (EU) No. 1308/2013, the following products shall not be required to conform to the general marketing standard:

(a) non-cultivated mushrooms of CN code 0709 59,

(b) capers of CN code 0709 90 40,

(c) bitter almonds of CN code 0802 11 10,

(d) shelled almonds of CN code 0802 12,

(e) shelled hazelnuts of CN code 0802 22,

(f) shelled walnuts of CN code 0802 32,

(g) pine nuts of CN code 0802 90 50,

(h) pistachios of CN code 0802 50 00,

(i) macadamia of CN code 0802 60 00,

(j) pecans of CN code ex 0802 90 20,

(k) other nuts of CN code 0802 90 85,

(l) dried plantains of CN code 0803 00 90,

(m) dried citrus of CN code 0805,

(n) mixtures of tropical nuts of CN code 0813 50 31,

(o) mixtures of other nuts of CN code 0813 50 39,

(p) saffron of CN code 0910 20,

(q) plantains, fig bananas and bananas intended for processing not falling within CN code 080300. Evidence shall be supplied to the competent authority that the products falling under this sub-regulation and sub-regulations (1) to (5) fulfil the conditions laid down, in particular with regard to their intended use.

(7) Products directly sold by the grower directly to the final consumer for personal use represented in the ‘Farmers’ Market’ shall be exempt from the application of marketing standards: Provided that in case growers selling in the Farmers’ Market decide to apply the marketing standards, the relative fruit and vegetables will become subject to all the provisions of these regulations. Traders opting to be included in the database shall inform the competent authority accordingly.

(8) Products sold by a grower from his own personal premises, being a garage or a farmhouse shall be exempt from the application of marketing standards.

(9) Imports from third countries referred to in Annex IV of the Commission Implementing Regulation (EU) No. 543/2011, which are in compliance with Article 15 of the said Regulation, shall be exempt from the application of marketing standards.

(10) Products subject to specific marketing standards presented for retail sale to consumers for their personal use and labelled ‘‘product intended for processing’’ or with any other equivalent wording and intended for processing, other than those referred to in sub-regulation (1)(a)(i), shall not be required to conform to specific marketing standards.

(11) Products recognised in a Commission Decision taken at the request of a Member State in accordance with the procedure referred to in Article 229 of Regulation (EU) No. 1308/2013 as products of a given region which are sold by the retail trade of the region for well established traditional local consumption shall not be required to conform to specific marketing standards.

(12) The competent authority may, where it deems relevant, demand evidence to trace the intended use of the product.