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The Common Agricultural Policy (Wine) (Scotland) Regulations 2002

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Movement of a controlled wine-sector product

15.—(1) Any person who, knowing a wine-sector product to be a controlled wine-sector product–

(a)moves it; or

(b)causes it to be moved,

without the written consent of an authorised officer shall be guilty of an offence.

(2) Any person who, knowing a wine-sector product to be a controlled wine-sector product–

(a)removes from it; or

(b)causes to be removed from it,

a label which has been affixed under regulation 8(6) shall be guilty of an offence.

(3) Any person who fails to comply with an undertaking given by that person for the purposes of regulation 9(2) shall be guilty of an offence.

(4) It shall be a defence for a person charged with any offence under this regulation to prove that–

(a)when the power conferred by regulation 8(1) was exercised, no offence had been, was being or was likely to be committed in respect of the wine-sector product concerned; and

(b)there was a reasonable excuse for the act or omission in respect of which that person is charged.

(5) A person guilty of an offence under this regulation shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.

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