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

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Control on movement

8.—(1) Where an authorised officer inspects any wine-sector product, the officer may prohibit the movement of the product if the officer has reason to believe that–

(a)an offence has been, is being or is likely to be committed in respect of it by contravention of, or failure to comply with, any relevant Community provision referred to in columns 1 or 2 of Part I, II, IV or VIII of Schedule 9; and

(b)there is or is likely to be a risk to public health in relation to that product or there has been or is likely to be any fraudulent treatment of that product.

(2) An authorised officer who exercises the power conferred by paragraph (1) above shall, without delay, give to the person who appears to the officer to be in charge of the wine-sector product concerned notice either in writing or in electronic form–

(a)specifying the wine-sector product in relation to which the power has been exercised;

(b)stating that the wine-sector product may not be moved without the consent of an authorised officer which may be given in writing or in electronic form;

(c)specifying the relevant Community provision in respect of which the officer has reason to believe that an offence has been, is being or is likely to be committed;

(d)specifying whether the officer considers that it would be practicable for steps to be taken to persuade the officer that the officer no longer has reason for that belief and, if so, what those steps should be.

(3) Where a notice described in paragraph (2) above is given by an authorised officer of the Wine Standards Board, that notice shall also contain information of–

(a)the right of the owner of the wine-sector product concerned, conferred by regulation 10, to have the giving of that notice reviewed, as to how that right may be exercised and of the effect of exercising that right; and

(b)the duty imposed by paragraph (5) below.

(4) Where a notice described in paragraph (2) above is given by an authorised officer of an appropriate enforcement authority other than the Wine Standards Board that notice shall also contain information of–

(a)the right of the owner of the wine-sector product concerned, conferred by regulation 11, to have the giving of that notice reviewed, and as to how that right may be exercised, and of the effect of exercising that right; and

(b)the duty imposed by paragraph (5) below.

(5) When the person in charge of a wine-sector product becomes aware of a prohibition on the movement of that product under regulation 8(1), that person shall without delay notify the relevant enforcement authority of the name and address of the owner of the wine-sector product concerned.

(6) When the relevant enforcement authority receives notification of the name and address of the owner of the wine-sector product concerned, the enforcement authority shall, without delay, give a notice under paragraph (2) to the owner, unless the enforcement authority has already given such notice under paragraph (7) below.

(7) If the person to whom the officer gives notice does not appear to the officer to be the owner of the wine-sector product concerned or an agent, contractor or employee of the owner, the officer shall use best endeavours to give a notice under paragraph (2) above additionally to the owner as soon as possible, unless the enforcement authority has already given such notice under paragraph (6) above.

(8) An authorised officer may affix to any wine-sector product in relation to which the power conferred by paragraph (1) above has been exercised, or to any container in which the wine-sector product is packed, a label warning of the exercise of the power.

(9) An authorised officer who is satisfied that the steps specified in the notice under paragraph (2)(d) above have been taken shall remove the prohibition on movement imposed pursuant to paragraph (1) above.

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