The Marketing of Horticultural Produce (Scotland) Regulations 2009

Authorised officer: Requirement to serve a notice in terms of regulations 6, 7 and 8

9.—(1) If an authorised officer deems it appropriate to affix a non compliance label to horticultural produce or to its container in terms of regulation 6, 7 or 8, the officer must, at the same time serve a written notice on the owner of the horticultural produce or an agent or employee of the owner, advising of the reasons for non compliance and clearly indicating:–

(a) in the case where regulation 6 applies, which of the circumstances contained in regulation 6(1)(a) or (b) is applicable;

(b) in the case where regulation 7 applies, which of the circumstances contained in regulation 7(2) to (4) is applicable; or

(c) in the case where regulation 8 applies, which of the circumstances contained in regulation 8(1)(a) to (d) is applicable.

(2) Any notice issued by an authorised officer in terms of this regulation shall, in addition to the information required in terms of regulation 9(1)(a), (b) or (c) (as applicable), also contain the following information:–

(a) the Notice shall be named “Notice of Non compliance with Community marketing rules”;

(b) reference to the Marketing of Horticultural Produce (Scotland) Regulations 2009;

(c) a reference number to correspond with the compliance check, this reference number to be entered on the non compliance label affixed to the produce;

(d) the name and address of the trader or importer or exporter responsible for the horticultural produce;

(e) reasons for the non compliance with the Community marketing rules;

(f) a warning that it is an offence in terms of these regulations to display or offer for sale, deliver or market in any other manner horticultural produce in contravention of or in non compliance with the Community marketing rules;

(g) the product (with the variety/type claimed, if applicable);

(h) origin of produce claimed;

(i) class of produce claimed/attained, if applicable;

(j) quantity of the consignment;

(k) signature of the authorised officer;

(l) date, time and place of the compliance check; and

(m) an official stamp bearing the number identifying the authorised officer.