Regulation 17 Prohibition notice on agricultural merchant
Where the relevant authority concludes following the steps set out in this regulation that it is not satisfied that an agricultural merchant is a fit and proper person to carry on a relevant transaction in relation to any medicated product, the relevant authority may serve on the agricultural merchant a notice (“a prohibition notice”) preventing him from carrying on the relevant transaction in relation to the medicated product.
Where the relevant authority proposes to serve a prohibition notice, it shall not serve the prohibition notice unless—
it serves prior notice in accordance with the requirements of paragraph (3) on the agricultural merchant, and
it is not satisfied, after the time for compliance with the prior notice has expired, as to the relevant condition.
Where the relevant authority serves a notice under paragraph (2)(a), it shall—
specify why the relevant authority is not satisfied as to the relevant condition; and
specify—
how (by the production of evidence or the compliance with requirements or both) the agricultural merchant may satisfy it as to the relevant condition,
the time by which he must do so, and
that, unless the agricultural merchant does so within such time as is specified in the notice, he will be served with a prohibition notice in respect of the medicated product.
In this regulation—
-
“medicated product” means (either individually or in any combination) an authorised medicated pre-mix, an authorised intermediate product and a medicated feedingstuff;
-
“relevant condition” means the condition that the agricultural merchant is a fit and proper person to carry on a relevant transaction in relation to the medicated product; and
-
“relevant transaction” means—
- (a)
in the case of an authorised medicated pre-mix or an authorised intermediate product, retail supply, and
- (b)
in the case of a medicated feedingstuff, supply in accordance with regulation 28.
- (a)