The Bananas (Enforcement of Quality Standards) (Scotland) Regulations 2011

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations provide for the enforcement of the EU banana quality standards as provided for in Article 113 of Council Regulation (EC) No 1234/2007(1) (O.J. 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 Regulation (EC) No. 2257/94 laying down quality standards for bananas (O.J. L 245, 20.9.1994, p.6) as read with Commission Regulation (EC) 2898/95 concerning verification of compliance with quality standards for bananas (O.J. L 304, 16.12.1995, p.17).

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 banana quality standards.

They designate the Scottish Ministers as 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).

The Regulations make the failure to comply with the EU banana quality standards an offence. They contain additional offences necessary for the effective enforcement of the EU banana quality standards (regulation 4 and Schedule 1).

The Regulations confer on authorised officer 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 the EU quality standards for bananas (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.

(1)

Article 201(1) of Council Regulation (EC) No 1234/2007 repealed Council Regulation (EEC) No. 404/93 under which Commission Regulation (EC) No. 2257/94 and Commission Regulation (EEC) No. 2898/95 were made. However, Article 201(3) of Council Regulation (EC) No. 1234/2007 provides that notwithstanding the repeal of Council Regulation (EEC) No. 404/93, Community acts adopted under it remain in force. By virtue of Article 202 of Council Regulation (EC) No. 1234/2007, references to Council Regulation (EEC) No. 404/93 shall be construed as references to Council Regulation (EC) No. 1234/2007 and shall be read in accordance with the correlation tables set out in its Annex XXII.