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

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PART 4Controlled bananas and related powers and offences

Powers to control the movement of bananas

12.—(1) An authorised officer may, by written notice (a “stop notice”) in accordance with paragraph (2), prohibit the movement of any bananas if the authorised officer reasonably suspects that an offence under these Regulations is being committed in respect of those bananas.

(2) The written notice referred to in paragraph (1) must be served on the person appearing to the authorised officer to be in charge of the bananas concerned and must—

(a)specify the date, place and time of service of the notice;

(b)contain details of the recipient of the notice;

(c)specify the bananas in relation to which the power has been exercised;

(d)state the reason for their detention;

(e)confirm that options for bringing the bananas into conformity with the EU banana quality standards or for the appropriate disposal of those bananas have been discussed between the authorised officer and the person appearing to be in charge of the bananas;

(f)state the location of the bananas;

(g)state that the bananas may not be moved from that location without the written consent of an authorised officer; and

(h)contain the authorised office’s official stamp and number.

(3) When serving the notice, the authorised officer must inform the person on whom the notice is served of the right of review under paragraph (4) and how it may be exercised.

(4) The person on whom the notice has been served, or the owner of the bananas or an agent or employee acting on behalf of the owner (“the relevant person”), may request the Scottish Ministers to arrange a review of the decision to serve the notice.

(5) The relevant person requesting a review of a decision to serve a notice under paragraph (1) must do so in person, by telephone, in writing or by fax to the contact details indicated in the notice and a request in person or by telephone must be confirmed in writing as soon as reasonably practicable thereafter.

(6) The review is to be determined by a person (unconnected with the original decision) appointed by the Scottish Ministers (“the appointed person”) under arrangements maintained by them for the purpose of this regulation.

(7) The appointed person conducting the review may cancel the notice or confirm it, with or without modifications.

(8) The appointed person must—

(a)complete the review as soon as reasonably practicable and in any event within two working days of the request being made under paragraph (4); and

(b)serve notice on the relevant person of the decision in writing.

(9) The Scottish Ministers may suspend the notice pending determination of the review and must serve a notice forthwith of their decision to do so on the relevant person and the authorised officer.

(10) The appointed person’s determination is final.

Power to affix a stop notice label

13.—(1) An authorised officer may affix to any controlled bananas, or to any container in which the controlled bananas are packed, a label warning of the exercise of the power in regulation 12(1) (a “stop notice label”).

(2) A stop notice label must be—

(a)in the form set out in Part III of Schedule 2; and

(b)completed in accordance with Part IV of that Schedule.

Consents to the movement of controlled bananas

14.—(1) An authorised officer may, at any time, give written consent to the movement of controlled bananas and must give such consent upon request if the circumstances in paragraph (2) or (3) apply.

(2) The circumstances in which this paragraph applies are where—

(a)the authorised officer is satisfied that no offence under these Regulations would be committed in respect of the bananas if they were marketed for supply fresh to the consumer after preparation and packaging; or

(b)the authorised officer, or another authorised officer, has been given a written undertaking that the bananas will be marketed or disposed of in a specified manner and the authorised officer is satisfied that if the bananas are marketed or disposed of in that manner no offence under these Regulations would be committed in respect of them and the authorised officer has no reason to doubt that the terms of the undertaking will not be met.

(3) The circumstances in which this paragraph applies are where—

(a)the authorised officer, or any other authorised officer, has been given a written undertaking to the effect that—

(i)the bananas will be moved to a place approved by an authorised officer;

(ii)steps required will be taken to ensure that the bananas may be marketed in compliance with the EU banana quality standards and without an offence under these Regulations being committed in respect of them or will be disposed of in such a manner that no offence under these Regulations would be committed in respect of them; and

(iii)the bananas will not be moved from that place without the written consent of an authorised officer; and

(b)the authorised officer has no reason to doubt that the terms of the undertaking will not be met.

(4) A consent given by an authorised officer under this regulation must—

(a)specify the bananas to which it relates;

(b)include the terms of any undertaking given under paragraph (2) or (3); and

(c)where the consent is given under paragraph (3), state that the bananas continue to be controlled.

Offences relating to movement of controlled bananas

15.—(1) A person is guilty of an offence if he or she moves controlled bananas or a container with controlled bananas in it, or causes or permits them to be moved—

(a)without the written consent; or

(b)other than in accordance with the written consent,

of an authorised officer given under regulation 14(1).

(2) A person, other than an authorised officer, is guilty of an offence if he or she removes or causes or permits to be removed from those controlled bananas or their container, a stop notice label affixed by an authorised officer under regulation 13(1).

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