1988R0079 — EN — 28.07.1988 — 001.001 — 1
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►B COMMISSION REGULATION (EEC) No 79/88
of 13 January 1988
layingdownqualitystandardsforlettuces,curled-leavedendives,broad-leaved(Batavian)endives
and sweet peppers
(OJ L 10, 14.1.1988, p. 8)
Amended by:
Official Journal
No page date
►M1 Commission Regulation (EEC) No 2323/88 of 26 July 1988 L 202 38 27.7.1988
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▼B
COMMISSION REGULATION (EEC) No 79/88
of 13 January 1988
laying down quality standards for lettuces, curled-leaved endives,
broad-leaved (Batavian) endives and sweet peppers
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European EconomicCommunity,
Having regard to Council Regulation (EEC) No 1035/72 of 18 May
1972 on the common organization of the market in fruit and veget-ables (
1), as lastamended by Regulat ion (EEC) No 3910/87 (2), and in
particular Article 2 (3) thereof,
Whereas the quality standards for lettuces, curled-leaved endives and
broad-leaved (Batavian) endives are laid down in Annex II/5 ofCommission Regulation No 23 on the progressive establishment of acommon organization of the market in fruit and vegetables (
3); whereas
those standards were amended by Regulation No 51/65/EEC (4);
Whereas Commission Regulation (EEC) No 2397/76 (5) lays down
quality standards for sweet peppers;
Whereas a change has occurred in the production and marketing of
these products, particularly as regards the requirements of consumer andwholesale markets; whereas the common quality standards for lettuces,curled-leaved endives, broad-leaved (Batavian) endives and sweetpeppers should therefore be changed to take those new requirementsinto account;
Whereas in the case of lettuces, curled-leaved endives, broad-leaved
(Batavian) endives, such changes entail alteration of the definition ofthe supplementary quality class as laid down by Council Regulation(EEC) No 1194/69 (
6) as lastamended by Regulat ion (EEC) No 897/
77 (7) whereas account should be taken, in defining that class, of the
economic importance to producers of the products concerned and of theneed to meet consumer requirements;
Whereas the standards are applicable at all stages of marketing; whereas
transportation over a long distance, storage for a certain length of timeor the various handling operations may bring about deterioration due tothe biological development of the products or their tendency to perish;whereas, therefore, account should be taken of such deterioration whenapplying the standards of marketing stages following dispatch;
Whereas in the interests of clarity and certainty as to legal requirements
and for ease of use the standards thus changed should be consolidated ina single text;
Whereas the measures provided for in this Regulation are in accordance
with the opinion of the Management Committee for Fruit and Veget-ables,
HAS ADOPTED THIS REGULATION:
Article 1
The quality standards for lettuces, curled-leaved endives and broad-
leaved (Batavian) endives falling within subheadings 0705 11 and0705 29 00 of the combined nomenclature and for sweet peppers falling
(1) OJ No L 118, 20. 5. 1972, p. 1.
(2) OJ No L 370, 30. 12. 1987.
(3) OJ No 30, 20. 4. 1962, p. 965/62.
(4) OJ No 55, 3. 4. 1965, p. 793/65.
(5) OJ No L 270, 2. 10. 1976, p. 13.
(6) OJ No L 157, 28. 6. 1969, p. 1.
(7) OJ No L 88, 31. 3. 1987, p. 17.
1988R0079 — EN — 28.07.1988 — 001.001 — 3
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within subheading 0709 60 10 of the combined nomenclature are set outin Annexes I and II respectively.
Those standards shall apply at all marketing stages, under the conditions
laid down in Regulation (EEC) No 1035/72.
However, at stages following dispatch the products may show, in rela-
tion to the standards prescribed a slight lack of freshness and turges-cence and slight alteration due to their biological development and theirtendency to perish.
Article 2
Regulation No 23 is hereby amended as follows:
— in Article 2 (3) the words ‘lettuces, curled-leaved endives and
broad-leaved (Batavian) endives' are deleted;
— Annex II/5 is deleted.
Article 3
Regulation (EEC) No 1194/69 is hereby amended as follows:
— in Article 1, the words ‘lettuces, curled-leaved endives and broad-
leaved (Batavian) endives' are deleted;
— Annex I is deleted.
Article 4
Regulation (EEC) No 2397/76 is hereby repealed.
Article 5
This Regulation shall enter into force on 1 July 1988.
This Regulation shall be binding in its entirety and directly applicable in
all Member States.
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▼B
ANNEX I
QUALITY STANDARD FOR LETTUCES, CURLED-LEAVED ENDIVES
AND BROAD-LEAVED (BATAVIAN) ENDIVES
I. DEFINITION OF PRODUCE
This standard applies to lettuces of Lactuca sativa L. var. capitata L. of
varieties (cultivars) derived from (cabbage (head) lettuces including‘crisphead' and Iceberg ‘type' lettuces) of Lactuca sativa L. var. longifolia
Lam. (cos or romaine lettuces) and from crosses of these two varieties, to besupplied fresh to the consumer, excluding cutting lettuces.
It also applies to curled-leaved endives of varieties (cultivars) derived from
Cichorium endivia L. var. crispa Lam. and to broad-leaved (Batavian)
endives of varieties (cultivars) derived from Cichorium endivia L. var.
latifolia, lam, to be supplied fresh to the consumer.
This standard does not apply to produce for industrial processing.
II. PROVISIONS CONCERNING QUALITY
The standard defines the quality requirements for lettuces, curled-leaved
endives and broad-leaved (Batavian) endives after preparation and pack-aging.
A.Minimum requirements:
In all classes subject to special provisions for each class and the toler-
ances allowed, the produce must be:
— intact,
— sound; produce affected by rotting or deterioration such as to make it
unfitfor consumpt ion is excluded,
— of fresh appearance,— turgescent,— clean and trimmed, i.e. substantially free of leaves soiled by earth or
other growing medium (subject to the special provisions for ClassIII) and practically free from any visible foreign matter,
— practically free from pests,— practically free from damage caused by pests,— notrunning t o seed,— free of all abnormal external moisture,— free of foreign smell and/or taste.
In the case of lettuce, a reddish discolouration, caused by low tempera-
ture during growth, is allowed, unless it seriously affects the appearanceof the lettuce.
The roots must be cut close to the base of the outer leaves.The produce must be of normal development. The condition and devel-
opment of the produce must be such as to enable it:
— to withstand transport and handling, and
— to arrive in satisfactory condition at the place of destination.
B.Classification
The produce is classified into three classes defined below:
(i)Class I
Produce of t his class mustbe of good qualit y. Itmustshow all t he
characteristics of the variety or of the type, especially the colour. Itmustalso be:
— well formed,
— firm (excluding those grown under protection),— free from damage or deterioration impairing edibility,— free from frostdamage.
Lettuces must have a single and well formed heart. However, in the
case of cabbage lettuces grown under protection and cos lettuces,the heart may be less well formed.
The centre of curled-leaved endives and broad-leaved (Batavian)
endives mustbe yellow in colour.
(ii)Class II
This class includes produce which does notqualify for inclusion in
Class I, but satisfies the minimum requirements specified above.
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Productin t his class mustbe:
— reasonably well-formed,
— free from damage or deterioration which may seriously impair
edibility.
The produce may show:
— slightdiscolourat ion,
— slightdamage caused by pest s.
Lettuces may have a small heart. However, in the case of cabbage
lettuces grown under protection (glass or plastic) and cos lettuces,absence of heartis permissible.
(iii)Class III (
1)
This class includes produce which does notqualify for inclusion in
the higher classes, but satisfies the requirements for Class II.However, the leaves may be slightly soiled with earth or othergrowing medium provided that the general appearance is not seri-ously affected
III. PROVISIONS CONCERNING SIZING
Sizing is determined by the weight of one unitA.Minimum weight:
The minimum weightis:
(i)Classes I and II
Open-
grownGrown
under
protection
Lettuces (excluding (Iceberg) type) 150 g 100 g
Crisphead lettuces (Iceberg) 300 g 200 g
Curled-leaved endives and broad-leaved (Batavian) endives 200 g 150 g
(ii)Class III:
Open-air lettuces and lettuces grown under protection must weigh at
least80 g per unit .
Open-air curled-leaved and broad-leaved (Batavian) endives or
curled-leaved and broad-leaved (Batavian) endives grown underprot ect ion mustweigh atleast100 g per unit .
B.Uniformity
(a)Lettuces
In all classes, the difference between the lightest and heaviest units
in each package mustnotexceed:
— 40 g for lettuces weighing less than 150 g per unit,
— 100 g for lettuces weighing between 150 und 300 g per unit,— 150 g for lettuces weighing between 300 und 450 g per unit,— 300 g for lettuces weighing more than 450 g per unit.
(b)Curled-leaved and broad-leaved (Batavian) endives
In all classes, the difference between the lightest and heaviest units
in each package mustnotexceed:
— 150 g for open-air curled-leaved and broad-leaved (Batavian)
endives,
— 100 g for curled-leaved and broad-leaved (Batavian) endives
grown under protection.
IV. PROVISIONS CONCERNING TOLERANCES
Tolerances in respectof qualit y and size are allowed in each package for
produce not satisfying the requirements of the class indicated.
(1) Additional class within the meaning of Article 2 (1) of Regulation (EEC) No 1035/
72. Application of this quality class or some of its requirements is subject to a deci-sion to be taken pursuant to Article 4 (1) of the said Regulation
1988R0079 — EN — 28.07.1988 — 001.001 — 6
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A.Quality tolerances:
(i)Class I:10 % of units not satisfying the requirements of the class, butmeeting the requirements of Class II or, exceptionally, comingwithin the tolerances for that class.
(ii)Class II:10 % of units satisfying neither the requirements for the class, northe minimum requirements, with the exception of produce affectedby rotting or any other deterioration rendering it unfit for consump-tion.
(iii)Class III:15 % by number of units satisfying neither the requirements for theclass, nor the minimum requirements (without prejudice to theprovisions on soiling), with the exception of produce affected byrotting or any other deterioration rendering it unfit for consumption.
B.Size tolerances:In all classes, 10 % by number of units not conforming to the relevantprovisions on size, butweighing notmore t han 10 % over or under t hesize in question.
V. PROVISIONS CONCERNING PRESENTATION
A.UniformityThe contents of each package must be uniform and must contain onlyproduce of the same origin, variety, quality and size.The visible part of the contents of each package must be representativeof the entire contents.
B.PresentationThe produce mustbe packed in rows of notmore t han t hree layers.When packed in two layers, lettuces and curled-leaved endives must beplaced heart-to-heart unless suitably protected or separated. If arrangedin three layers, the produce must be placed heart-to-heart in two of them.
Broad-leaved (Batavian) endives may be packed heart-to-heart or flat.Cos lettuce may be packed flat.
C.PackagingThe produce must be packed in such a way that it is suitably protected. Itmust be reasonably packed having regard to the size and type of pack-aging without empty spaces or crushing.
▼
M1
▼B
The materials used inside the package must be new, clean and of aquality such as to avoid causing any external or internal damage to theproduce. The use of materials and particularly of paper or stamps bearingtrade specifications is allowed provided that the printing or labelling hasbeen done with a non-toxic ink or glue.Packages must be free from all foreign matter, such as loose leaves andparts of stems.
VI. PROVISIONS CONCERNING MARKING
Each package must bear the following particulars in letters grouped on thesame side, legibly and indelibly marked and visible from the outside:A.IdentificationPacker and/or DispatcherName and address or officially issued oraccepted code mark
B.Nature of produce— ‘lettuces', ‘butterhead lettuces' ‘cos lettuces', ‘curled-leaved endives',
‘crisphead lettuces', ‘Iceberg lettuces', or ‘broad-leaved (Batavian)endives' if the contents are not visible from the outside,
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▼B
— an indication ‘grown under protection' where appropriate,
— name of variety (optional).
C.Origin of produce
Country of origin and, optionally, district where grown or national,
regional, or local place name.
D.Commercial specifications
— Class,
— Size, indicated by the minimum weight per unit, or by the number of
units,
— Netweight(opt ional).
E.Official control mark (optional)
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▼B
ANNEX II
QUALITY STANDARD FOR SWEET PEPPERS
I. DEFINITION OF PRODUCE
This standard applies to sweet peppers of the varieties (cultivars) grown
fromCapsicum annum L., to be supplied fresh to the consumer, sweet
peppers for industrial processing being excluded.
Sweet peppers may be classified into four commercial types, according to
shape, as follows:
— elongated sweet peppers (tapering),
— square sweetpeppers (blunt ),— square sweet peppers tapering (‘peg top'),— flatsweetpeppers (‘t omat o peppers').
II. PROVISIONS CONCERNING QUALITY
The purpose of the standard is to define the quality requirements for sweet
peppers after preparation and packaging.
A.Minimum requirements
In all classes, subject to the special provisions for each class and the
tolerances allowed, the sweet peppers must be:
— whole,
— fresh in appearence,— sound; produce affected by rotting or deterioration such as to make it
unfitfor consumpt ion is excluded,
— clean, practically free of any visible foreign matter,— well-developed,— free of damage caused by frost,— free of unhealed injuries,— free of sun-scorch (subject to the specifications laid down under B,
Classification, (ii)),
— with their stalk,— free of abnormal external moisture,— free of any foreign smell and/or taste.
The developmentand condit ion of t he sweetpeppers mustbe such as t o
enable them:
— to withstand transport and handling, and
— to arrive in satisfactory condition at the place of destination.
B.Classification
The sweet peppers are classified into the two classes defined below:
(i)Class I:
Sweet peppers in this class must be of good quality. They must also
be:
— firm,
— of the normal shape, development and colouring for the variety
with due regard to the degree of ripeness,
— virtually free of blemishes.
The stalk may be slightly damaged or cut with the calyx intact.
(ii)Class II:
This class includes sweetpeppers which do notqualify for inclusion
in Class I but satisfy the minimum requirements specified above.
Provided the peppers retain their essential characteristics of quality
and presentation, they may show the following defects:
— defects in shape and development,
— sun-scorch or slighthealed injuries notexceeding 1 cm
2per
pepper for superficial defects and 2 cm in length for defects ofelongated shape,
— slightdry superficial cracks notexceeding an overall cumulat ive
length of 3 cm.
The sweetpeppers may be less firm butmay notbe wit hered. The
stalk may be damaged or cut.
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▼B
III. PROVISIONS CONCERNING SIZING
Sizing is determined by the shoulder diameter (width) of the sweet peppers.
In the case of flat sweet peppers (tomato peppers) the term ‘width'means themaximum equatorial diameter. For sized sweet peppers, the difference indiameter between the largest and smallest sweet pepper in the same packagemay notexceed 20 mm.
The widt h of sweetpeppers may notbe less t han:
— elongated sweet peppers (tapering): 30 mm,
— square sweetpeppers (blunt ): 50 mm,— square sweet peppers tapering (peg top): 40 mm,— flatsweetpeppers (t omat o peppers): 55 mm.
Sizing is notcompulsory for Class II, provided t he minimum sizes are
observed.
The above provisions do notapply t o sweetpeppers wit h slim pods of
medium length (‘Peperoncini' type) grown from particular varieties ofCapsicum annum L. var. longum.
These mustexceed 5 cm in lengt h.
IV. PROVISIONS CONCERNING TOLERANCES
The following tolerances in respect of quality and size are allowed for
produce not satisfying the requirements of the class indicated in eachpackage.
A.Quality tolerances
(i)Class I:
10 % by number or weightof sweetpeppers notsat isfying t he
requirements for the class but meeting those for Class II or, excep-tionally, coming within the tolerances for that class.
(ii)Class II:
10 % by number or weight of sweet peppers satisfying neither the
requirements for the class nor the minimum requirements with theexception of produce affected by rotting or any other deteriorationrendering itunfitfor consumpt ion.
B.Size tolerances
(i)Class I:
10 % by number or weightof sweetpeppers notconforming t o t he
sizes specified within a margin o f ± 5 mm. including notmore t han
5 % of sweetpeppers below t he minimum size laid down.
(ii)Class II:
—Sized sweet peppers
10 % by number or weightof sweetpeppers notconforming t o
the sizes specified within a margin o f ± 5 mm, including not
more tha n5%o f sweetpeppers below t he minimum size laid
down.
—Unsized sweet peppers
5 % by number or weightof sweetpeppers up t o 5 mm smaller
than the minimum size laid down.
V. PROVISIONS CONCERNING PRESENTATION
A.Uniformity
The contents of each package must be uniform and contain only sweet
peppers of the same origin, variety or commercial type, quality, size (ifthe produce has to be sized) and, in the case of Class I, of virtually thesame degree of ripeness and colouring.
For packages of sweetpeppers wit h a maximum weightof 1 kilogram,
uniformity is only required with respect to origin and quality class.
In the case of sized produce, elongated sweet peppers should be suffi-
ciently uniform in length.
The visible part of the contents of each package must be representative
of the entire contents.
B.Packaging
The sweet peppers must be packed in such a way as to protect the
produce properly.
The materials used inside the package must be new, clean and of a
quality such as to avoid causing any external or internal damage to theproduce. The use of materials, and particularly of paper or stamps
1988R0079 — EN — 28.07.1988 — 001.001 — 10
▼B
bearing trade specifications, is allowed provided that the printing orlabelling has been done with a non-toxic ink or glue.Packages must be tree from all foreign matter.
VI. PROVISIONS CONCERNING MARKING
Each package must bear the following particulars, in letters grouped on thesame side, legibly and indelibly marked and visible from the outside:A.IdentificationPacker and/orDispatcherName and address or officially issued or acceptedcode mark
B.Nature of produce— ‘Sweet peppers' if the contents are not visible from the outside,— commercial type (‘elongated', ‘square blunt', ‘square tapering', ‘flat')
or name of variety if the contents are not visible from the outside;
— for the product type ‘Peperoncini', this denomination, or equivalent
denomination must be quoted in each case.
C.Origin of produceCountry of origin and, optionally, district where grown or national,regional or local place name.
D.Commercial specifications— Class.— size (if sized) expressed as minimum and maximum diameter or the
word ‘unsized' if sizing is notapplied,
— weight or number of units (optional).
E.Official control mark (optional).