Regulation 15 Movement control noticeI1
England and Wales
An authorised officer may serve a movement control notice on a person if that authorised officer is of the opinion that there has been or may have been a contravention of any of the marketing standards.
A movement control notice is a notice—
prohibiting the movement of bananas; or
restricting the movement of bananas to a place approved by an authorised officer.
When serving a movement control notice which restricts movement to an approved place, the officer must be of the opinion that—
steps to remedy the contravention will be taken at that place; and
the bananas will not be moved from that place until the movement control notice is either varied to provide for further movement or withdrawn.
Where the person on whom the notice is served is not the owner of the bananas, or an agent or employee acting on behalf of the owner, the authorised officer must use reasonable endeavours to identify such a person and bring the contents of the notice to that person’s attention within 48 hours from service of the notice.
In addition to the information required for labels under regulation 12(a) to (d), a movement control notice must—
state that the officer is of the opinion in paragraph (1);
specify the matters constituting the contravention;
specify why a movement control notice is necessary;
specify the location of the bananas at the time the notice is served;
specify the place approved under paragraph (2)(b), if appropriate, for the detention of the bananas;
confirm that the authorised officer has discussed with the person appearing to be in control of the bananas the options for either—
bringing the bananas, accompanying documents or labels into conformity with the marketing standards within a specified time;
the appropriate sale or disposal of the bananas within a specified time in such a manner that there shall be no contravention of these Regulations or the Commission Regulation;
specify the period within which the steps required further to sub-paragraph (f) must be taken.
An authorised officer must, upon a request in writing, withdraw the movement control notice where the officer is satisfied that—
the bananas to which the movement control notice applies have been brought into conformity with the marketing standards; or
the bananas to which the movement control notice applies will be sold or disposed of within the specified time in such a manner that there shall be no contravention of these Regulations or the Commission Regulation.
An authorised officer’s withdrawal of a movement control notice must be in writing.