The Marketing of Horticultural Produce (Scotland) Regulations 2009

Authorised officer: powers to control the movement of horticultural produce

10.—(1) An authorised officer may, by written notice pursuant to paragraph (2), prohibit the movement of any horticultural produce if the authorised officer reasonably suspects that an offence under these Regulations is being committed in respect of that horticultural produce.

(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 horticultural produce 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 horticultural produce in relation to which the power has been exercised;

(d) state the reason for its detention;

(e) confirm that options for bringing the horticultural produce into conformity with the Community marketing rules or for the appropriate disposal of that horticultural produce have been discussed between the authorised officer and the person appearing to be in charge of the horticultural produce;

(f) state the location of that horticultural produce;

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

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

(3) Any notice served under paragraph (1) shall state–

(a) the right of appeal to the sheriff under regulation 11; and

(b) the period within which such an appeal may be brought.