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Salmon and Freshwater Fisheries (Consolidation) (Scotland) Act 2003

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21Packages of salmon or trout to be markedS

(1)Any person who consigns or sends by any common or other carrier any salmon or trout in a package which is not marked conspicuously on the outside with—

(a)the word “salmon” or “sea trout” or, as the case may be, “trout”; and

(b)the name and address of the sender,

shall be guilty of an offence, and liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(2)An authorised person may open any package consigned or sent or brought to any place to be consigned or sent, and suspected to contain salmon or trout.

(3)Where a package opened under subsection (2) above is found to contain salmon or trout and—

(a)the package is not marked as described in subsection (1) above; or

(b)there is reasonable cause to suspect that salmon or trout contained in any package so marked is being dealt with contrary to law,

an authorised person may detain the package and its contents pending proceedings for an offence against any provision of this Act.

(4)If, before the conclusion of such proceedings as are mentioned in subsection (3) above, any salmon or trout detained under that subsection becomes unfit for human consumption, any authorised person may destroy it, or cause it to be destroyed.

(5)Any person who—

(a)refuses to allow an authorised person to exercise a power conferred by this section; or

(b)obstructs any authorised person in the exercise of a power so conferred,

shall be guilty of an offence, and liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(6)For the purposes of this section an “authorised person” means—

(a)any constable;

(b)any water bailiff;

(c)any person appointed for the purposes of this section by the Scottish Ministers.

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Commencement Information

I1S. 21 in force at 1.4.2005 by S.S.I. 2005/174, art. 2

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