Proceedings 31 st Meeting

Transcription

1 Proceedings 31 st Meeting , Bonn, Germany Ulrike Bickelmann, Federal Office for Agriculture and Food, Bonn

2 Imprint Federal Office for Agriculture and Food Bundesanstalt für Landwirtschaft und Ernährung (BLE) President: Dr. Hanns-Christoph Eiden Deichmanns Aue Bonn, Germany Telephone: ++49 (0) Fax: ++49 (0) Editorial Dr. Ulrike Bickelmann, Division 223, BLE Telephone: ++49 (0) Date of issue July 2018

3 1 Ulrike Bickelmann, Federal Office for Agriculture and Food, Bonn A large number of regulations are the basis of the labelling of fresh fruit and vegetables along the marketing chain from production to the final consumer. These regulations, fortunately, do not duplicate and avoid conflicts. Here, the following regulations and their interaction are dealt with: Food information regulation (FIR), Reg. (EU) No 1169/2011 Organic production regulation (ORG), Reg. (EC) No 834/2007 and Reg. (EC) No 889/2008 Market organisation on agricultural produce (GMO), Reg. (EU) No 1308/2013 Marketing standards (MS), Reg. (EU) No 543/2011 German act on maximum residue levels on pesticides (RHmV) German Quotation of prices act When applying the requirements for labelling, the type of packaging has to be taken into account: Package containing produce in bulk; Package containing pre-packaged produce; Open sales package (destined for the final consumer); Pre-package (destined for the final consumer). In addition, the supplying country or crossborder trade has to be taken into account: Germany; Any other EU member state; Non-EU country, i.e. imports from third countries. Moreover, the stage of marketing is of importance: Production or direct sale from the farm to the final consumer; Packing station / dispatch or export; Import; Wholesale or distribution centres of supermarkets; Online sale; Retail. The provisions on labelling e.g. the country of origin or the dispatcher are covered in different regulations. As the legislator respects the principle specific law overrides general law, any duplication is avoided. How to differentiate specific law from general law? The more the addressed legal field is focused on a specific item, the more specific is the respective regulation. For regulations addressing fruit and vegetables, the following applies: all food is addressed by FIR, of which the organic food is addressed by ORG. Even more specific than FIR and ORG are the labelling provisions for fresh fruit and vegetables contained in the marketing standards. Provisions of FIR Pursuant to article 7 (1) of FIR, fair information practice must be guaranteed when labelling. Thus, the information must not be misleading as to the characteristics of the food, in particular, as to its nature, identity, properties, composition, quantity, and durability, country of origin or place of provenance, method of manufacture or production. Pursuant to article 9 (1) of FIR, the indication of the following particulars is mandatory for fresh fruit and vegetables: On pre-packages: Net quantity Name of the produce when causing allergies or intolerances as listed in annex II Glazing agent as listed in annex VII part C date of minimum durability in case of sprouting seeds and similar products such as legume sprouts as well as fresh fruit and vegetables, including potatoes, which have been peeled, cut or similarly treated On all other packages that do not contain pre-packed produce: Name of the produce when causing allergies or intolerances. When a package contains celery likely to trigger allergies or intolerances, the name of the produce must be indicated even when

4 2 the marketing standard does not require this indication as the produce is visible from the outside. In addition, the font size of characters is defined pursuant to article 13 (2) of FIR for indications on pre-packages. In order to provide clear readability, the mandatory indications must be given in a font size where the x-height, is equal to or greater than 1.2 mm. For other packages, the font size is not stipulated. Pursuant to article 15 of FIR the language used in labelling is stipulated. Mandatory food information shall appear in a language easily understood by the consumers of the Member States where a food is marketed. Labelling in more than one language is possible. Chapter IV.B of the general marketing standard stipulates equivalent labelling provisions with respect to the indication of the country of origin: For products originating in a Member State this shall be in the language of the country of origin or any other language understandable by the consumers of the country of destination. For other products, this shall be in any language understandable by the consumers of the country of destination. Following the judgement in the Peeters case (COM(93) 532 final OJ C 345 of ), foreign language terms may be accepted when they are easy to understand, familiar (e.g. made in ) or untranslatable or if there is no corresponding term in the language of the country of destination. Foreign language terms are acceptable if due to similar spelling they are easy to understand (e.g. praline / praliné). Furthermore, foreign language terms may be accepted at wholesale and import stage as at these stages experts are capable in reading the indications or they may ask their suppliers. In this context, it is allowed to exclusively label the packages in the language of the destination country in case of exports. Additionally, the mandatory indications must be given in the language of the dispatching country on a note on two sides of the pallet. Provisions of the regulation on organic production Pursuant to the regulation on organic production, the following indications are mandatory for fresh fruit and vegetables: Pre-packages and all other packages: Code number of the control authority or control body, Organic logo of the EU (optionally in case of produce originating in third countries), Place of origin (EU, Non-EU agriculture or EU/Non-EU agriculture or country of origin) being placed in the same visual field as the Organic logo of the EU. Provisions of the marketing standards Before the provisions on labelling pursuant to the marketing standards can be applied, it must be checked whether a) The produce is covered by one of the marketing standards. This question is answered in annex I part IX of the GMO. Only the products listed in this table are covered by the sector (fresh) fruit and vegetables. As these products are defined by the customs codes, it is recommended to take into account the electronic customs code ( as well as the Explanatory Notes to the Combined Nomenclature of the European Commission (OJ EU No 76 of ) for clarification. Any produce not covered by this table is not covered by any EU marketing standard and the FIR applies for these products. b) The produce is covered by the above mentioned table IX but it is part of the exemptions pursuant to article 4 of Reg. (EU) No 543/2011 because of its destination or presentation; in these cases the provisions of FIR apply and additionally the labelling provisions for feed and industrial processing. The exemptions are as follows: products from the field to packaging; products transferred by the producer on his holding to consumers for their personal use; products intended for industrial processing; products intended for animal feed (note. The regulation on food and feed applies!) products having undergone trimming or cutting making them ready to eat or

5 3 kitchen ready (e.g. shelled beans, peas etc.) tubers containing starch (including potatoes) edible sprouts nuts in shell (with the exemption for hazelnuts, almonds and walnuts) shelled nuts sunflower seeds peanuts dried produce non-cultivated mushrooms saffron, turmeric, ginger, bay leaves capers, olives, baby-corn chilli peppers sugar cane valerian, mugwort, borage, curry plant, mallow, verbena, lavender, rue, woodruff, hyssop By the way, the BLE publishes a list of produce not covered by any EU marketing standard on their website. c) Provided the produce is covered by the sector fruit and vegetables, it must be clarified whether it is covered by one of the specific marketing standards (sms). These are stipulated in article 3 (2) of Reg. (EU) No 543/2011 as follows: apples, pears, strawberries, sweet peppers, kiwifruit, peaches/nectarines, lettuces, table grapes, tomatoes and citrus fruit. It is recommended to check the botanical classification in the definition of produce of the respective standard. Thus, oranges, the mandarin-group and lemons only are covered by the EU marketing standard for citrus fruit. d) In case the produce is part of the sector fruit and vegetables and is neither covered by the exemptions nor by any of the specific marketing standards, the general marketing standard (gms) applies. e) Pursuant to article 3 (1) of Reg. (EU) No 543/2011 traders may on a voluntary basis replace the gms by the respective product specific UNECE standard which comprises provisions on classification, sizing and more elaborate labelling provisions ( unece.org/trade/agr/standard). However, as the EU specific marketing standards are obligatory, the UNECE standard for citrus fruit may only be applied for grapefruit, pomelo and limes. f) Desert bananas have a specific situation. Although part of the GMO, they are part of the sector on bananas and not of the sector fruit and vegetables. The bananas of the variety groups Cavendish, Gros Michel and hybrids are covered by the marketing standard for green, unripe bananas and thus are covered by the respective provisions on labelling until they are entering the ripening station. Exemptions from the marketing standards industrial processing Pursuant to article 4 (1 a-i) of Reg. (EU) No 543/2011 produce intended for industrial processing and clearly labelled with the term intended for processing or an equivalent denomination are exempted from the marketing standards. Exemptions from the marketing standards animal feed Pursuant to article 4 (1 a-ii) of Reg. (EU) No 543/2011 produce intended for animal feed and clearly labelled with for animal feed or an equivalent denomination are exempted from the marketing standards. However, pursuant to annex II chapter IX of the regulation on the hygiene of foodstuffs (EC) No 852/2004 provisions for food, No 8 hazardous and/or inedible substances, including animal feed, are to be adequately labelled and stored in separate and secure containers. In addition, the regulation on animal feed applies. Exemptions from the marketing standards trimmed ready to eat Pursuant to article 4 (1 d) of Reg. (EU) No 543/2011 produce having undergone a trimming or cutting making them ready to eat or kitchen ready are exempted from the marketing standards. The main reason for this exemption is the fact that these produce do (no longer) meet the minimum requirement intact being part of the sms and gms. Consequently, all produce having after the cut at harvest undergone peeling, cutting or trimming are covered by this exemption.

6 4 Note: The fact that a produce has been washed and cleaned may be labelled with kitchen ready but this preparation does not justify the application of the above mentioned exemption. The produce are still intact and must meet the provisions of gms or sms. Exemptions from the marketing standards domestic processing In Germany, 2 (exemptions) of the national regulation on EU marketing standards for fruit and vegetables allows: having regard to the article 4 paragraph 3 of the Commission implementing Reg. (EU) No 543/2011 of 7 June 2011 laying down detailed rules for the application of Council Regulation (EC) No 1234/2007 in respect of the fruit and vegetables and processed fruit and vegetables sectors (OJ L 157 of , p. 1), apples and pears may be exempted from the specific marketing standards provided the conditions stipulated in the regulation mentioned above and the general marketing standard are respected. As the member states by way of derogation may grant this exemption for their territory, the exemption holds for the respective member state. The EU Commission did at the occasion of a meeting in Brussels on 18 July 2017 confirm that these national exemptions do apply in the respective member state only. Thus, marketing in any other member state is not allowed. Definition of package The labelling provisions apply for the package. The definitions applicable to this section are stipulated in annex V of Reg. (EU) No 543/2011. According to that, a package (item 1.1) is the individually packaged part of a lot, including contents. The packaging is conceived so as to facilitate handling and transport of a number of sales packages or of products loose or arranged, in order to prevent damage by physical handling and transport. The package may constitute a sales package. Road, rail, ship and air containers are not considered as packages. Thus packages are big bags (> kg), box pallets, big bins, 25-kg bags, carton boxes, wooden boxes, returnable plastic folding boxes. While packages are rarely destined for the final consumer, sales packages indeed have this destination. A sales package (item 1.2 of annex V) is the individually packaged part of a lot, including contents. The packaging of sales packages is conceived so as to constitute a sales unit to the final user or consumer at the point of purchase. A special type of sales package is the prepackage (item1.3 of annex V): pre-packages are sales packages such as the packaging enclosing the foodstuff completely or only partially, but in such a way that the contents cannot be altered without opening or changing the packaging. The definition continues (items 1.3 and 2.5 of annex V): Protective films covering single produce are not considered as a pre-package. An individual produce is e.g. one cucumber, one head of lettuce or one bunch of celery. In case of broccoli, a head covered with plastic film is not considered a pre-package, while a bunch of broccoli branches covered with a plastic film is a pre-package. Thus, the labelling of single produce covered with a plastic film is not mandatory. It is even not recommended to print on the film or on a label attached to that film any of the indications required by the marketing standards any correction of a wrong or false indication or the downgrading from Class I to Class II will be difficult and complex. Place of labelling Pursuant to article 5 (1) of Reg. (EU) No 543/2011 as well as chapter VI of the sms and UNECE standards, the information particulars must be shown legibly and obviously on one side of the packaging, either indelibly printed directly onto the package or on a label which is an integral part of the package or affixed to it. Printing the information particulars on the bottom of a package or just partly legible imprint of the indications does not meet this requirement. By the way, when deciding on the place of a label or a bar code, the industry commits itself to place the labels always at the same place on the package in order to optimize the process of machine readability. When deciding on the place of readable information (for human beings) the industry is less stringent, as if it would be less important that human beings

7 5 (clients, consumers, inspectors) find and read easily information on one side of the package; readable information revealing the coded information. There is still room for further improvements. One exemption for labelling of packages is stipulated in the marketing standards. According to this, packages need not to bear the particulars [ ] when they contain sales packages, clearly visible from the outside, and all bearing these particulars. These packages shall be free from any indications such as could mislead. When these packages are palletised, the particulars shall be given on a notice placed in an obvious position on at least two sides of the pallet. On an optional basis, single produce may be labelled with stickers. However, pursuant to chapter V.B of sms and UNECE standards, the stickers shall be such that, when removed, they neither leave visible traces of glue, nor lead to skin defects. Even for these stickers applies: Any indication is possible. However, the particulars must be correct and must not be in contradiction to the indications given on the package. In the example given below, the variety Orri, a mandarin hybrid, is said to be a clementine. This indication is wrong and must be corrected, which means all the stickers affixed optionally have to be removed. Any single produce may be labelled by laser treatment. Pursuant to annex II part E of Reg. (EU) No 1333/2008 amended by Reg. (EU) No 510/2013, the use of a contrast enhancer (iron oxides and hydroxides E 172) is allowed for citrus fruit, melons, pomegranates, i.e. fruit with inedible skins. Other produce may be labelled by laser treatment, however without application of a contrast enhancer. There is no regulation stipulating the labelling of single produce. Thus, the labelling of single produce by laser treatment is optional and may be designed / defined by the trader. Pursuant to Reg. (EU) No 510/2013 all or some of the mandatory information particulars required by the Union legislation and/or national law may be repeated by laser treatment on the products. However, it is not recommended to indicate particulars stipulated by marketing standards by laser treatment as wrong indications cannot be corrected and the produce would no longer be marketable on the fresh market. Anyway, the lasered particulars must be correct and must not be in contradiction with the indications on the package. Irrespective the labelling by laser treatment, the labelling of the package must be in accordance with the respective regulations. In labelling by means of CO 2 laser, the upper cell layer is depigmented; the skin is not damaged and the minimum requirement intact is respected. The depigmentation due to laser (with or without contrast enhancer) is not assessed as defect in colouring. Address of packer or dispatcher Pursuant to the marketing standards, on each package the following must be indicated: name and address of the packer and/or dispatcher; this mention may be replaced by the officially issued or accepted code mark representing the packer and/or the dispatcher, indicated in close connection with the reference Packer and/or Dispatcher (or equivalent abbreviations). For pre-packages, this provision supersedes the provisions of FIR. Thus, any pre-package labelled correctly pursuant to the respective marketing standard is correctly labelled at retail stage. There is no need to add the address indication pursuant to FIR if only the official code for the packer is indicated (e.g. packer: KCB ). In none of the international, EU or national regulations any provisions on the issuance or recognition of those codes is stipulated. Moreover, it is not known which countries or authorities issue or recognize those codes. Consequently, it is very difficult to check those codes especially in cross-border trade. That is why the UNECE decided to establish a database for countries issuing or recognizing those codes for dispatchers. They even may indicate the structure of their codes (e.g. two letters followed by seven figures) and eventually offer a link to publicly accessible lists of codes. Pursuant to the marketing standards and for pre-packages only, the indication of name and address of the packer and/or dispatcher may be replaced by the name and the address of a seller established within the Union indicated in close connection with the mention Packed for: or an equivalent mention. In this case, the labelling shall also include a code representing the packer and/or the dispatcher. The seller shall

8 6 give all information deemed necessary by the inspection body as to the meaning of this code. Nature of produce Based on the marketing standards, the indication of the nature or name of the produce on the package is mandatory if not visible from the outside (exemption: cherry tomatoes and trusses of cherry tomatoes). This is equally valid for open boxes as for pre-packages presenting their content without opening. This provision of the marketing standards supersedes the FIR requesting the labelling of the produce on pre-packages whether visible from the outside or not. By the way, with respect to the explanatory notes of OECD it is allowed to replace the name of the produce by a photo or drawing. Country of origin The EU marketing standards as well as the UNECE standards stipulate the labelling of the country of origin on each package. Pursuant to article 60 of Reg. (EU) No 952/2013 laying down the Union Customs Code, the country of origin is the country where the goods have been wholly obtained. It is not allowed to abbreviate the name of country of origin on the package. The full or commonly used name shall be indicated. The commonly used name is e.g. the Netherlands or Holland for the Kingdom of the Netherlands. A commonly used name is USA for the United States of America. In this context USA is the only acronym allowed when indicating the country of origin. Optionally, district of origin in national, regional or local terms (e.g. asparagus from Baden ) may also be shown. On sales packages of a net weight of 5 kg or less containing mixes of different species of fruit and vegetables the country of origin must be indicated. As the different species may originate in different countries, the package may contain products originating in different countries. Article 7 of Reg. (EU) No 543/2011 provides as simplification for the indication of the country of origin: If the fruit and vegetables in a mix originate in more than one Member State or third country, the full names of the countries of origin may be replaced with one of the following, as appropriate: mix of EU fruit and vegetables, mix of non- EU fruit and vegetables, mix of EU and non-eu fruit and vegetables. Even if not explicitly mentioned in the regulation, pure mixtures of fruit may be labelled as mixture of fruit, pure mixtures of vegetables as mixture of vegetables, pure mixtures of fresh herbs as mixture of herbs or pure mixtures of lettuces as mixture of lettuces. This type of indicating the country of origin is not allowed for mixtures of varieties or commercial types of a single species wherever this is allowed in accordance with the respective marketing standard. In these cases, the country of origin of the respective variety or commercial type has to be indicated. In case of organic products, the place of production must be indicated in the same place of view as the EU logo namely as EU agriculture, non-eu agriculture or EU/non-EU agriculture. As an alternative, the country of origin may be indicated provided all agricultural ingredients have been produced in the same country of origin which is true for fruit and vegetables covered by the marketing standards. In case of products covered by marketing standards the indication of the country of origin pursuant to these marketing standards would satisfy the labelling provisions. However, traders indicate as a precaution the origin in accordance with marketing standards as well as with the organic regulation. Only in case of products covered neither by the marketing standards nor by the organic regulation, the provision on labelling the country of origin pursuant to FIR must be applied. Pursuant to article 26 of FIR, the country of origin must only be indicated where failure of indication might mislead the consumer as to the true country of origin or place of provenance of the food. Deception is possible if the name of the trader or an advertising print gives the impression that the packed / offered produce would originate in a specific country. Thus, the real country of origin must be indicated if deviating from the suggested country of origin.

9 7 Indication of the Class The quality class must be indicated pursuant to the specific marketing standards and the UNECE standards (exemption: UNECE standard for ware and early potatoes FFV-52). The term class may be abbreviated. In Germany, the abbreviation HKl. traces back to the term handelsklassen [commercial quality class]. While these standards have been withdrawn in 2011 this term should no longer be used. The term Extra cannot be abbreviated and the indication of I and II is in Roman numerals. With respect to the OECD guidelines on labelling (web address see last page) it is allowed to indicate the classes I and II on the same label, provided it is unambiguous which class is valid. In the example shown, it is possible to downgrade the produce by simply tearing off the upper right corner/edge of the label. In case of mixtures of varieties or commercial types, the different parts of the mixture must be uniform in quality pursuant to section V. A. of the specific marketing standards and the UNECE standards this means all parts must meet the same quality class. The same holds for mixtures of species of fruit and/or vegetables pursuant to article 7 of Reg. (EU) No 543/2011 for those partners being covered by a specific marketing standard or a UNECE standard. If such a mixture contains produce covered by the general marketing standard these products must provide a visual uniform quality. For products not being part of the sector fruit and vegetables (e.g. bananas), this quality provision does not apply. However, traders/packers will always endeavour to provide a uniform quality for all partners of the mixtures. Ripe bananas are not covered by any marketing standard. Thus, the ripe bananas in the mixture shown cannot be classified. However, until the bananas enter the ripening chamber they had to meet Reg. (EU) No 1333/2011 and the packages had to be labelled with a quality class. Thus, if presented in the original package, it must be accepted that the packages of ripe bananas are labelled with a quality class. If the ripe bananas are re-packed, the indication of a quality class is not allowed in Germany. It is allowed if on the label it is clearly shown, that a private standard is applied. In Germany, the national act on marketing standards stipulates the competence for import and re-export inspection as well as the administrative offences. Pursuant to 7 of this act it is an administrative offense to hold, offer for sale or display for sale, deliver, sell or, by any other form of marketing, put a product in the sense of 1 into circulation under a denomination which creates the impression of a legal commercial category, even though such a legal commercial category has not been introduced. A legal marketing standard is applicable for all produce covered by the specific marketing standards and pursuant to article 3 (1) of Reg. (EU) No 543/2011 the trader may optionally apply the UNECE standards in case of produce covered by the general marketing standard. Thus, we have a legal basis for the indication of quality classes in these cases. For all other products, the indication of a quality class can be misleading. In order to prevent misunderstandings, the trader must additionally indicate which private standard is applied when indicating a class. However, the act on marketing standards is a national act that pursuant to articles of the Treaty on the Functioning of the European Union cannot be applied on deliveries from other member states. In case of deliveries, it can be assumed that in the respective member states it is legal to indicate any class and thus, this indication cannot be rejected in Germany. Indication of the variety The indication of the variety is obligatory pursuant to certain specific marketing standards or UNECE standards in all classes or in Class Extra and/or Class I. The variety may be replaced by a synonym. The name of a mutant or a trade name can only be indicated in addition to the variety. A trade name can be a trademark for which protection has been requested or granted or any commercial designation. Indication of the size Pursuant to the specific marketing standards and UNECE standards, the indication of the size is obligatory for certain species of fruit and vegetables in all Classes or in Class Extra and/or Class I only. It is allowed to print on the package or label a list of applicable size ranges

10 8 and to mark the applicable size when packing. Pursuant to article 6 of Reg. (EU) No 543/2011, the net weight must be indicated in addition to the size on pre-packages. The net weight may be replaced by the number of items provided the produce is sold by number. The number must be indicated if the items cannot be clearly seen and easily counted. Indication of post-harvest treatment The specific marketing standard for citrus fruit (oranges, lemons, mandarin group) stipulates the indication of the preserving agents obligatory. Thus, the indication of glazing agents such as waxes and of fungicides applied after harvest is stipulated. The indication of post-harvest treatments for citrus fruit is an adequate information in favour of consumer protection pursuant to the ECJ judgment in case C-26/15P of For all other products the indication of a post-harvest treatment with waxes as glazing agents is obligatory on pre-packages pursuant to article 9 (1b) (Category pursuant to Annex VII Part C = Glazing agent) of FIR. Pursuant to annex II part E of Reg. (EU) No 1333/2008 it is stipulated which fruit species may be treated with glazing agents. Pursuant 3b (3) of the German act on maximum residue levels the post-harvest treatment of citrus fruit with thiabendazole must be indicated with "preserved with Thiabendazole". A post-harvest treatment of ware potatoes with chlorpropham, imazalil and thiabendazole has to be indicated with treated after harvest. This indication has to be on the package or when presented to the consumer on the package, on the pre-package or on a notice next to the product. When indicating the term untreated, consumers may assume that the produce has neither been treated before nor after harvest. If post-harvest treatments have been refrained, the indication can be untreated after harvest. A respective decision has been taken by the Arbeitskreis Lebensmittelchemischer Sachverständiger der Länder und des Bundesamtes für Verbraucherschutz und Lebensmittelsicherheit (ALS) at their 109 th meeting in March The decision is downloadable as official opinion No 2017/22: Indications at retail Pursuant to article 6 of Reg. (EU) No 543/2011, the information particulars required by the marketing standards shall be legible and conspicuous. If packages labelled accordingly are presented to consumers in such a way that they can read this information this provision is met. If this is not the case, the retailer displays prominently, adjacent to and legibly the information particulars relating to country of origin and, where appropriate, class and variety or commercial type in such a way as not to mislead the consumer. Indications on accompanying documents Pursuant to article 5 (4) of Reg. (EU) No 543/2011, the name and the country of origin of the products and, where appropriate, the class, the variety or commercial type if required in a specific marketing standard, or the fact that it is intended for processing has to be indicated on invoices and accompanying documents. This provision does not apply to receipts for the consumers. When presented in accordance with UNECE standards, this provision is applied accordingly, i.e. the class and if required the variety / commercial type has to be indicated. Indications in case of distance contracts In the internet, the offer must be exact and equivalent to information provided at retail stage. The websites must be kept updated accordingly. Deliveries in case of distance contracts are not accompanied by a receipt as in retail shops but by an invoice / accompanying document providing all information particulars stipulated by article 5 (4). This holds for socalled Abo-Kisten (subscription to a box scheme). Indication of prices at retail At retail stage, the basic price per kg has to be indicated for products being presented in bulk in the package or the total price of the package and the basic price per kg for products presented in pre-packages. Pursuant to 1 paragraphs 1 and 6 of the national act on price indication, the price may be indicated by number if the produce is marketed by number in accordance with the generally prevailing

11 9 public understanding which by the way is defined separately by each federal state. Duty of disclosure Pursuant to article 11 (4) of Reg. (EU) No 543/2011, traders shall provide inspection bodies with all the information those bodies judge necessary for organising and carrying out conformity checks. Pursuant to 2.4 of annex V of Reg. (EU) No 543/2011, the inspector decides which packages are to be checked. The presentation by the trader/operator includes the presentation of the bulk sample as well as the supply of all information necessary for the identification of the consignment or lot. Consequently, the owner of the produce must provide the respective information when the information particulars are incomplete or not plausible. Information concerning marketing standards The BLE provides information on marketing standards and inspection on their website A specific link leads to faq qualitaetskontrolle-faqs-obst-gemuese A specific link leads to ELSKA being the electronic image database providing illustrated interpretation of marketing standards A specific link org/public/doc/210/210.en.pdf leads to the OECD guidelines on labelling.

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