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The Bananas (Enforcement of Quality Standards) (Scotland) Regulations 2011

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PART 2General offences and exercise of powers on premises

EU banana quality standards: offences

4.—(1) A person is guilty of an offence if he or she markets bananas for supply fresh to the consumer in contravention of the EU banana quality standards.

(2) A person is guilty of an offence if he or she fails to comply with any provision of Commission Regulation 2898/95 mentioned in column 1 of Schedule 1 to these Regulations, as read with any provision mentioned in any corresponding entry in column 2 of that Schedule.

(3) Where—

(a)an authorised officer has inspected bananas and found them not to be compliant with the EU banana quality standards; and

(b)the person in charge of those bananas has given an undertaking, or has been responsible for the giving of an undertaking, in relation to those bananas,

it is an offence for that person to act in breach of the undertaking or to cause or permit his or her agent or employee to act in breach of the undertaking.

(4) A person is guilty of an offence if, in purporting to provide the information particulars required by the EU banana quality standards, he or she gives an inaccurate or false description of those bananas on a label affixed to, or in a notice or document accompanying, those bananas.

(5) A person, other than an authorised officer, is guilty of an offence if he or she affixes, or causes or permits to be affixed, a non compliance label to any container of bananas, or to the bananas themselves, or to any notice or document with the information particulars required by the EU banana quality standards to accompany those bananas.

(6) A person, other than an authorised officer, is guilty of an offence if he or she removes, conceals, defaces or alters, or causes or permits to be removed, concealed, defaced or altered—

(a)any notice or document with the information particulars required by the EU banana quality standards to accompany bananas or any label required by those standards to be affixed to those bananas or to their container;

(b)a non compliance label which has been affixed by an authorised officer in the execution of these Regulations to the bananas or to their container;

(c)any demarcation tape or other material used by an authorised officer in accordance with regulation 7(1)(f) to identify bananas or a specific lot of bananas which are found not to be compliant with the EU banana quality standards.

(7) A person is guilty of an offence if he or she exports or imports any consignment of bananas to or from any place outside the European Union without a document, label or notice which is required by the EU banana quality standards to accompany those bananas.

Exercise of powers on premises

5.  The powers under Part 3 and Part 4 of these Regulations may not be exercised on premises used wholly as a dwelling house.

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