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Enforcement: power to withdraw official labels, official documents, certificates and growing crop reports and to determine a lower Union grade

21.—(1) The Department may withdraw an official label, official document or certificate—

(a)if it is satisfied that the seed potatoes to which the official label, official document or certificate relates—

(i)have not been harvested, stored, transported, or handled so as to minimise the risk of contamination by any of the diseases or pests specified in Schedule 3;

(ii)on a sample, exceed any of the tolerances for diseases, pests, damage, blemishes or other defects specified in the relevant Table in Schedule 3;

(iii)otherwise fail to comply with these Regulations;

(b)if the growing crop report issued in respect of the seed potatoes to which the official label, official document or certificate relates has been withdrawn under paragraph (2); or

(c)if it is satisfied that the official label, official document or certificate contains any particular which is false in a material respect.

(2) The Department may withdraw a growing crop report if it is satisfied that—

(a)the requirements of Schedule 1 are not, or are no longer, complied with; or

(b)the growing crop report contains any particular which is false in a material respect.

(3) Where an official label, official document or certificate is withdrawn in accordance with paragraph (1)(a)(ii), the seed potatoes from which the sample was taken shall be the subject of a further official examination in order to determine whether any of them do not exceed the tolerances specified in the relevant Table in Schedule 3.

(4) Where a further official examination is carried out under paragraph (3), the Department may issue an official label, official document or certificate in relation to such seed potatoes as are found not to exceed the tolerances specified in the relevant Table of Schedule 3.

(5) Where, in relation to any seed potatoes, a Union grade has been determined under regulation 10(5), an authorised officer may determine, in accordance with Schedule 4, a lower Union grade for the seed potatoes if following a further official examination under paragraph (3), the officer is satisfied that the seed potatoes should not be marketed at that higher Union grade.

(6) Where an official label, official document, certificate or growing crop report is withdrawn under this regulation, an authorised officer may—

(a)seize and retain the official label, official document, certificate or growing crop report; or

(b)by notice require the person in possession or charge of the official label, official document, certificate or growing crop report to deliver it to the officer.

(7) A person on whom a notice is served under paragraph (6)(b) shall comply with the requirements of the notice within 7 days of service of the notice or such longer period as may be specified in the notice.

(8) Where an official label, official document, certificate or growing crop report is withdrawn under this regulation, the Department shall serve notice of its decision and the reasons for it on the person from whom the official label, official document, certificate or growing crop report was withdrawn.