Regulation 10 Seizure and disposal of contravening productsI1

This regulation applies where an authorised officer has come to the opinion on reasonable grounds that there has been a contravention of regulation 6, 7 or 8 or of a directly applicable provision of Regulation 648/2004 in relation to a controlled product.

An authorised officer shall have the power to seize, dispose of or seize and dispose of the controlled product.

An authorised officer shall also have the power to seize, dispose of or seize and dispose of anything treated with the controlled product.

Before taking any action under paragraph (2) or (3), the authorised officer shall serve notice of his intention so to do upon the person appearing to him to be in possession or charge of the controlled product.

Any notice served under paragraph (4) must specify the basis upon which the authorised officer has reached his opinion and the action required to be taken by the person upon whom the notice is served and the period after which he intends to take the action in question.

The period specified in accordance with paragraph (5) must not be less than 7 days, except in an emergency.