# The Plant Protection Products (Sustainable Use) Regulations 2012, Paragraph 6: Seizure and disposal of products and requirements to recover


(1) If an authorised person is of the opinion that a person is committing, has committed or is likely to commit an offence contrary to these Regulations, the authorised person has the power to—
(a) seize or dispose of a plant protection product or both, or serve a notice on the holder of any approval, authorisation or permission relating to the plant protection product, the owner of the plant protection product or any other person appearing to be in charge of it requiring him or her to dispose of it; or
(b) seize or dispose of anything treated with a plant protection product (“treated item”) or both, or serve a notice on any person appearing to the authorised person to be the owner or the person in charge of anything so treated requiring him or her to dispose of it; or
(c) serve a notice on the holder of any approval, authorisation or permission relating to the plant protection product, the owner of the plant protection product or any other person appearing to the authorised person to be in charge of it requiring him or her to take such remedial action as appears to the authorised person to be necessary, including recovery of the plant protection product from the market in the United Kingdom.
(2) If an authorised person has exercised his or her power under sub-paragraph (1)(a) or (b) to seize or dispose, or both, he or she must serve a notice on the relevant person informing that person that the power has been exercised.
(3) A notice served under this paragraph must be in writing.
(4) A notice served under sub-paragraph (1) must give a time limit for compliance with the notice.
(5) A notice served under sub-paragraph (1) or (2) must—
(a) state that the authorised person is of the opinion that a person is committing, has committed or is likely to commit an offence contrary to these Regulations and specify the offence;
(b) specify why the authorised person is of that opinion;
(c) identify any plant protection product or treated item to which the notice relates; and
(d) state the quantity of any plant protection product or treated item to which the notice relates.
(6) An authorised person may withdraw a notice served under this paragraph at any time.
(7) An authorised person may serve a person with a notice under this paragraph even if a previous notice served on that person has been withdrawn.
(8) In sub-paragraph (2) “relevant person” means—
(a) in relation to the seizure, disposal or both of a plant protection product—
(i) the holder of any approval, authorisation or permit relating to that plant protection product; or
(ii) the owner of the plant protection product; or
(iii) any other person appearing to the authorised person to be in charge of it; and
(b) in relation to the seizure, disposal or both of a treated item—
(i) any person appearing to the authorised person to be the owner of that treated item; or
(ii) the person appearing to the authorised person to be in charge of that treated item.

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Source: https://www.legislation.gov.uk/uksi/2012/1657/schedule/3/paragraph/6 (the official version)
Page: https://openlegislation.uk/plant-protection-products-sustainable-use-regulations-2012/schedule-3/paragraph-6
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.