The Marketing of Horticultural Produce (Scotland) Regulations 2009

Authorised officer: power to affix a non compliance label

7.—(1) Where an authorised officer, who has lawfully entered premises for the purpose of the enforcement of these Regulations, finds any horticultural produce which either has affixed to it a label or is accompanied by a notice or a document required by Community marketing rules, or is in a container to which such a label is affixed or which is accompanied by such a notice or document, indicating in either case that one of the situations in paragraphs (2) to (4) applies, an authorised officer may amend or cancel the label, notice or document and may affix to the horticultural produce, or, as the case may be, to the notice or container, a non compliance label.

(2) Situation 1 is where the label, notice or document indicates–

(a) that horticultural produce is of a class marketable under the specific marketing standard applicable to it; but

(b) which the authorised officer has reasonable cause to believe does not comply with any class of that specific marketing standard but only complies with the general marketing standard.

(3) Situation 2 is where the label, notice or document indicates–

(a) that horticultural produce is of a class marketable under the specific marketing standard applicable to it; but

(b) which the authorised officer has reasonable cause to believe is not of a standard marketable under Community marketing rules.

(4) Situation 3 is where the label, notice or document indicates–

(a) that horticultural produce complies with the general marketing standard; but

(b) which the authorised officer has reasonable cause to believe is not of a standard marketable under Community marketing rules.