The Beef and Veal Labelling Regulations 2008

Enforcement notices

This sectionnoteType=Explanatory Memorandum has no associated

5.  (1)  Where beef or veal has been labelled and marketed in a manner that does not comply with these Regulations, an authorised officer of an enforcement authority may serve a notice on the person in possession of the beef or veal requiring its removal from sale until it is relabelled in accordance with these Regulations; and any person who fails to comply with that notice is guilty of an offence.

(2) A notice may authorise the beef or veal to be sent directly for processing into products other than those indicated in the first indent of Article 12 of Regulation (EC) No 1760/2000 of the European Parliament and of the Council.

(3) A notice must state the right of appeal to a magistrates’ court and the period within which the appeal may be brought.

(4) Any person who is aggrieved by a notice may appeal to a magistrates’ court.

(5) The procedure is by way of complaint for an order, and the Magistrates’ Court Act 1980(1) applies to the proceedings.

(6) The period within which an appeal may be brought is one month from the date on which the notice was served.

(7) On an appeal the court may either cancel or affirm the notice and, if the court affirms the notice, it may do so either in its original form or with such modifications as the court may in the circumstances think fit.

(8) A person who is aggrieved by any decision by a magistrates’ court on an appeal under this regulation may appeal to the Crown Court.

(1)

1980 c. 43; sections 51 and 52 have been substituted by the Courts Act 2003 (c. 39), section 47.