The Food (Hot Chilli and Hot Chilli Products) (Emergency Control) (Scotland) Regulations 2003

Destruction of illegal hot chilli or hot chilli products

7.—(1) If on an inspection or examination of any hot chilli or hot chilli products it appears to an authorised officer of a food authority that they have been imported in contravention of regulation 3(1) or do not comply with regulation 4(1) the authorised officer shall after appropriate consultation with a person appearing to be the importer or food business operator serve on that person a notice ordering the destruction of the hot chilli or hot chilli products within such reasonable period as shall be specified in the notice.

(2) Any notice served under paragraph (1) shall state–

(a) the right of appeal to the sheriff under paragraph (4); and

(b) the period within which such an appeal may be brought.

(3) The person appearing to be the importer or food business operator of hot chilli or hot chilli products in respect of which a notice has been served under paragraph (1) shall ensure that they are stored until destruction under the supervision of the authorised officer at such place and under such conditions as the authorised officer may in the notice direct.

(4) Any person who is aggrieved by a decision of an authorised officer to serve a notice under paragraph (1) may appeal to the sheriff who may confirm or cancel the notice.

(5) The period within which such an appeal as is mentioned in paragraph (4) may be brought shall be 6 days from the date on which the notice was served exclusive of Saturdays, Sundays and public holidays.

(6) Pending determination of an appeal under paragraph (4), paragraph (3) shall apply to the storage of the hot chilli or hot chilli products concerned.

(7) If the sheriff allows an appeal brought under paragraph (4) the food authority shall compensate the owner of the hot chilli or hot chilli products concerned for any depreciation in their value resulting from the action taken by the authorised officer.

(8) Any disputed question as to the right to or the amount of any compensation payable under paragraph (6) shall be determined by a single arbiter appointed, failing agreement between the parties, by the sheriff.

(9) Any person who breaches the terms of a notice served under paragraph (1) shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale or to imprisonment for a term not exceeding three months.

(10) The cost of destruction of hot chilli or hot chilli products under this regulation shall be borne by the importer or food business operator.