Regulation 3 The Marketing of Horticultural Produce (Scotland) Regulations 2009I1

After regulation 24 (disapplication) of the Marketing of Horticultural Produce (Scotland) Regulations 2009 M1 insert—

“Transitional provisions: withdrawal from the EU

25

(1)

An authorised officer must not exercise the powers under regulation 8(1) in relation to a failure to comply with Article 7 of Commission Implementing Regulation 543/2011 if the matter constituting the alleged contravention—

(a)

relates to a product that was placed on the market before the end of the period of 21 months beginning on F1IP completion day, and

(b)

would not have constituted a contravention of that Regulation as it applied immediately before IP completion day.

(2)

Regulation 15 does not apply in relation to a failure to comply with Article 7 of Commission Implementing Regulation 543/2011 if the matter constituting the alleged contravention—

(a)

relates to a product that was placed on the market before the end of the period of 21 months beginning on IP completion day, and

(b)

would not have constituted a contravention of that Regulation as it applied immediately before IP completion day.”.