Regulation 14 Consents to the movement of controlled bananas

(1)

An authorised officer may, at any time, give written consent to the movement of controlled bananas and must give such consent upon request if the circumstances in paragraph (2) or (3) apply.

(2)

The circumstances mentioned in this paragraph are where—

(a)

the authorised officer is satisfied that no offence under these Regulations would be committed in respect of the bananas if they were marketed for supply fresh to the consumer after preparation and packaging; or

(b)

the authorised officer, or another authorised officer, has been given a written undertaking that the bananas will be marketed or disposed of in a specified manner and the authorised officer is satisfied that if the bananas are marketed or disposed of in that manner no offence under these Regulations would be committed in respect of them and the authorised officer has no reason to doubt that the terms of the undertaking will not be met.

(3)

The circumstances mentioned in this paragraph are where—

(a)

the authorised officer, or another authorised officer, has been given a written undertaking to the effect that—

(i)

the bananas will be moved to a place approved by an authorised officer;

(ii)

steps required will be taken to ensure that the bananas may be marketed in compliance with the F1... marketing rules and without an offence under these Regulations being committed in respect of them or will be disposed of in such a manner that no offence under these Regulations would be committed in respect of them; and

(iii)

the bananas will not be moved from that place without the written consent of an authorised officer; and

(b)

the authorised officer has no reason to doubt that the terms of the undertaking will not be met.

(4)

A consent given by an authorised officer under this regulation must—

(a)

specify the bananas to which it relates;

(b)

include the terms of any undertaking given under paragraph (2) or (3); and

(c)

where the consent is given under paragraph (3), state that the bananas continue to be controlled.

Annotations

Textual amendments

F1: Word in reg. 14(3)(a)(ii) omitted (31.12.2020) by virtue of The Marketing of Horticultural Produce and Bananas (EU Exit) (Scotland) (Amendment) Regulations 2019 (S.S.I. 2019/169), regs. 1(1)(b), 4(11); 2020 c. 1, Sch. 5 para. 1(1)