The Marketing of Bananas (Scotland) Regulations 2012

Explanatory Note

(This note is not part of the Regulations)

These Regulations provide for the enforcement of the EU marketing rules for bananas as provided for in Article 113 of Council Regulation (EC) No 1234/2007 (OJ L 299, 16.11.2007, p.1) establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation), and contained in Commission Implementing Regulation (EU) No 1333/2011 (OJ L 336, 20.12.2011, p. 23) laying down marketing standards for bananas, rules on the verification of compliance with those marketing standards and requirements for notifications in the banana sector.

These Regulations disapply (see regulation 21) in so far as they apply to Scotland the Agriculture and Horticulture Act 1964, the Horticultural Produce Act 1986 which modifies the 1964 Act, the Agricultural Produce (Grading and Marking) Acts 1928 and 1931 and the Agricultural Marketing Act 1958 from the EU marketing rules for bananas.

They designate the Scottish Ministers as the competent national authority and inspection body in Scotland and provide for the Scottish Ministers to provide and request information and to appoint authorised officers (regulation 3).

These Regulations make the failure to comply with the EU marketing rules an offence. They contain additional offences necessary for the effective enforcement of the EU marketing rules (regulation 4 and Schedule 1).

The Regulations confer on authorised officers powers of entry (regulation 6) and other powers, including seizure powers (regulation 7) in relation to premises other than dwelling houses (regulation 5). They also contain powers to affix non compliance labels indicating various types of non-conformity with EU marketing rules (regulations 9, 10 and 11). These labels must contain the information set out in Schedule 2 (Parts I and II).

Regulation 12 confers power on authorised officers to prohibit the movement of bananas and gives a right of review to those served with a written notice informing of the exercise of that power. Regulation 13 confers power to affix a stop notice label warning of the exercise of power in Regulation 12, which must contain the information set out in Schedule 2 (Parts III and IV). Regulation 14 makes provision for giving consent by authorised officers to the movement of controlled bananas where certain conditions are met.

Regulations 15, 16, 17 and 19 respectively contain provisions on offences relating to controlled bananas, to the obstruction of an authorised officer, to the commission of an offence due to the fault of another person and to the commission of offences by bodies corporate etc. Regulation 18 provides for defences of acting with lawful authority or exercising due diligence and taking reasonable precautions. Regulation 20 provides that the penalty for offences is on summary conviction a fine not exceeding level 5 on the standard scale.

No Business and Regulatory Impact Assessment has been prepared for this instrument as it has no impact on the cost of business in Scotland.