Regulation 9 Power to affix a non compliance label

(1)

Where an authorised officer, who has lawfully entered premises for the purpose of the enforcement of these Regulations, finds any bananas which—

(a)

have affixed to them a label or are accompanied by a notice or a document required by the F1... marketing rules; or

(b)

are in a container to which such a label is affixed or which is accompanied by such a notice or document,

indicating in either case that one of the situations in paragraph (2) or (3) applies, the authorised officer may amend or cancel the label, notice or document and may affix to the bananas, or, as the case may be, to the notice or container, a non compliance label.

(2)

Situation 1 is where the label, notice or document indicates—

(a)

that the bananas are of a particular class under F2... marketing rules; but

(b)

the authorised officer has reasonable cause to believe that the bananas are of an inferior class under those rules.

(3)

Situation 2 is where the label, notice or document indicates—

(a)

that the bananas are of a particular class under F3... marketing rules; but

(b)

the authorised officer has reasonable cause to believe that the bananas do not comply with any class under those rules.

(4)

For the purposes of this regulation and regulation 10, a non compliance label must be—

(a)

in the form set out in Part I of Schedule 2; and

(b)

completed in accordance with Part II of that Schedule.

Annotations

Textual amendments

F1: Word in reg. 9(1)(a) 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(7)(a); 2020 c. 1, Sch. 5 para. 1(1)
F2: Word in reg. 9(2)(a) 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(7)(b); 2020 c. 1, Sch. 5 para. 1(1)
F3: Word in reg. 9(3)(a) 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(7)(c); 2020 c. 1, Sch. 5 para. 1(1)