Regulation 9 Remedial action notices and detention notices

Where it appears to an authorised officer of an enforcement authority that in respect of an establishment F1...–

the authorised officer may, by a notice served on the relevant food business operator or the operator's duly authorised representative (in these Regulations referred to as a “remedial action notice”)–

A remedial action notice shall be served as soon as practicable and shall state why it is being served.

If a remedial action notice is served under paragraph (1)(a), it shall specify the breach and the action needed to remedy it.

An authorised officer of the enforcement authority whose authorised officer served the remedial action notice shall, as soon as the officer is satisfied that such action has been taken, withdraw the notice by a further notice in writing served on the food business operator or the operator's duly authorised representative.

An authorised officer of an enforcement authority may, at an establishment subject to approval under Article 4(2) of Regulation 853/2004, by a notice in writing, in this regulation referred to as a “detention notice”, served on the relevant food business operator or the operator's duly authorised representative, require the detention of any animal or food for the purposes of examination (including the taking of samples).

An authorised officer of the enforcement authority whose officer served the original detention notice shall, as soon as satisfied that the animal or food need no longer be detained, withdraw the notice by a further notice in writing served on the food business operator or the operator's duly authorised representative.

Any person who fails to comply with a remedial action notice or a detention notice is guilty of an offence.