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

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Requirement to serve a notice in terms of regulation 9 or 10

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11.—(1) If an authorised officer deems it appropriate to affix a non compliance label to any bananas or container holding bananas, the officer must, at the same time serve a written notice on the owner of the bananas or an agent or employee of the owner, advising of the reasons for non compliance and clearly indicating—

(a)in the case where regulation 9 applies, which of the situations contained in paragraph (2) or (3) of that regulation is applicable;

(b)in the case where regulation 10 applies, which of the circumstances contained in paragraphs (a) to (d) of that regulation is applicable.

(2) Any notice issued by an authorised officer in terms of this regulation must, in addition to the information required in terms of paragraph (1)(a) or (b) (as applicable), also contain the following information—

(a)the notice shall be named “Notice of non compliance with EU quality standards for bananas”;

(b)reference to the Bananas (Enforcement of Quality Standards) (Scotland) Regulations 2011;

(c)a reference number to correspond with the compliance check, to be entered on the non compliance label affixed to the bananas or, as the case may be, to the container;

(d)the name and address of the trader or importer or exporter responsible for the bananas;

(e)reasons for the non compliance with the EU banana quality standards;

(f)a warning that it is an offence in terms of these Regulations to display or offer for sale, deliver or market in any other manner bananas in contravention of or in non compliance with the EU banana quality standards;

(g)origin of the bananas claimed;

(h)class of bananas claimed/attained;

(i)quantity of the consignment;

(j)signature of the authorised officer;

(k)date, time and place of the compliance check; and

(l)an official stamp bearing the number identifying the authorised officer.

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