A wholesaler has been banned from selling a batch of kiwifruit after the fruits were found to be the equivalent of one millimetre too small by EU grading laws.

Bristol trader Tim Down was told by Rural Payments Agency (RPA) inspectors his 5,000 Chilean kiwis failed to meet European size and weight standards.

Some of the stock weighed just four grams less than the minimum European requirement of 62 grams each - equating to one millimetre.

Down has been issued a written warning and been banned from selling the fruit - or even giving it away. The ruling is set to leave him £1,000 out of pocket.

“It’s total nonsense,” he said. “I work hard enough to make a living without all these bureaucrats telling us what we can and can't sell.

“They’re saying I’m a criminal for selling this fruit, but the real crime is that all this fruit will go to waste - all because it’s one millimetre too small.

“It’s a terrible waste, particularly when we’re all feeling the pinch from rising food prices and I’ve got to throw away this perfectly good fruit."

Barrie Stedman, head of RPA’s inspectorate, said: “Unfortunately the kiwi consignment in question failed to meet the minimum standards for saleable produce, in contravention of EU Grading rules.

“The inspector’s decision is consistent with RPA’s commitment to protect consumers, who must feel confident that the produce they are buying is of the right quality.”