Part 1: UK Market Access: Goods Mutual recognition: goods Section 3: Relevant requirement for the purposes of section 2
This section defines "relevant requirement" for the purposes of the mutual recognition principle for goods as it applies to a particular sale.
	Subsection (2) provides that relevant requirements for the purposes of mutual recognition are statutory requirements that prohibit the sale of the goods or result in their sale being prohibited if not complied with, are within scope of the mutual recognition principle (as set out in subsection (3)) and are not otherwise excluded (see section 4, section 10 and Schedule 1).
	Subsection (3) provides the types of statutory requirements that are in scope of the mutual recognition principle. This includes any statutory requirement which relates to the characteristics, presentation or production of goods; the identification or tracing of an animal; the inspection, assessment, authorisation of goods or any similar dealing with them; and the documentation that must be produced, kept or accompany that goods or be submitted to an authority. Subsection (4)(g) also provides that any requirement not falling within the listed categories that apply to or in relation to the goods before they are allowed to be sold are within scope.
	Subsection (4) clarifies that manner of sale requirements are not in scope of the mutual recognition principle unless subsection (6) applies.
	Subsection (5) clarifies that manner of sale requirements covers any aspect of the circumstances or matter in which goods are sold. Therefore, it includes pricing requirements, for example Minimum Unit Alcohol Pricing or plastic bag charges. The effect of this is that these matter of sale requirements are not in scope of the mutual recognition principle unless subsection (6) applies.
	Subsection (6) clarifies that mutual recognition will only apply to a manner of sale requirement if it appears to have been artificially designed to avoid the operation of the mutual recognition principle. This provision captures artificially restrictive requirements that disguise, in practice, a total ban on a good being sold or a ban on a good being sold unless it complies with the requirement.
	Subsection (7) provides that statutory requirements which require the person selling or acquiring a good to keep or submit, after the sale of the good takes place, any documentation or information that required to be produced or recorded beforehand in order to buy or sell the good, is treated as a "relevant requirement". This means that the mutual recognition principle will apply to these requirements.
	Subsection (8) sets out that "statutory requirements" are obligations, conditions, or prohibitions imposed by legislation, including legislation imposing mandatory terms into contracts for the sale of goods.