The Marketing of Bananas Regulations (Northern Ireland) 2019

Non-compliance notices

11.—(1) If an authorised officer affixes a non-compliance label to any bananas or container holding bananas under regulation 9 or 10, the officer shall at the same time serve a notice on the person who appears to be in charge of the bananas giving the reasons for the affixing of the non-compliance label and stating—

(a) in a case where the label was affixed under regulation 9, which of the situations in paragraph 1(a) or 1(b) of that regulation is applicable;

(b) in a case where the label was affixed under regulation 10, which of the circumstances in paragraphs (a) to (d) of that regulation is applicable.

(2) Where the person on whom the notice is served under paragraph (1) 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 the service of the notice.

(3) A notice issued under paragraph (1) shall, contain the following additional information and words—

(a) the notice shall be named “Notice of non-compliance with the banana marketing standards”;

(b) reference to the Marketing of Bananas Regulations (Northern Ireland) 2019;

(c) the reference number assigned, corresponding with the conformity check, to be entered on the non-compliance label affixed to the bananas or, as the case may be, to the container;

(d) the name and address of the person in charge of the bananas or an agent or employee of the owner;

(e) reasons for the non-compliance with the banana marketing standards;

(f) a warning that it is an offence in terms of these Regulations to display or offer for sale, deliver or market in any other manner bananas in contravention of the banana marketing standards;

(g) country of origin of the bananas stated;

(h) class of bananas stated or attained;

(i) quantity of bananas in the consignment;

(j) signature of the authorised officer;

(k) date, time and place of the compliance check; and

(l) an official stamp bearing the personal number assigned to the authorised officer.