The Marketing of Fresh Horticultural Produce (Wales) Regulations 2009

Controlled horticultural produce — further provision

14.—(1) An authorised officer may, at any time, give written consent to the movement of controlled horticultural produce and to the lifting of the stop notice.

(2) An authorised officer must, upon request, give written consent to the movement of controlled horticultural produce and to the lifting of the stop notice if the circumstances in paragraph (3) apply.

(3) 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 horticultural produce if it were sold in circumstances in which Community marketing rules apply; or

(b) the authorised officer, or another authorised officer, has been given a written undertaking that the horticultural produce will be sold or disposed of in a specified manner and the authorised officer is satisfied that if the horticultural produce is sold or disposed of in that manner no offence under these Regulations will be committed in respect of it and the authorised officer has no reason to doubt that the terms of the undertaking will be met.

(4) An authorised officer must, upon request, give written consent to the movement of controlled horticultural produce if the circumstances in paragraph (5) apply.

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

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

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

(ii) at the approved place the steps required to ensure that the horticultural produce may be sold in circumstances in which Community marketing rules apply without an offence under these Regulations being committed in respect of it will be taken;

(iii) the horticultural produce 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 be met.

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

(a) specify the horticultural produce to which it relates; and

(b) where the consent is given under paragraph (4), state that the horticultural produce continues to be controlled.