http://www.legislation.gov.uk/ssi/2012/349/part/3The Marketing of Bananas (Scotland) Regulations 2012texttext/xmlenStatute Law DatabaseHORTICULTURE2024-05-15Expert Participation2020-12-31
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.
PART 3Powers of authorised officersPowers of entry61An authorised officer may enter any premises at any reasonable hour for the purposes of the enforcement of these Regulations.2An authorised officer must, if requested to do so, produce a duly authenticated authorisation document.3An authorised officer may be accompanied by any other persons and any equipment as the authorised officer considers necessary.4If a sheriff, a stipendiary magistrate or a justice of the peace, on information in writing sworn on oath, is satisfied that there are reasonable grounds for entry into any premises for the purposes of enforcing these Regulations, and—aadmission to an authorised officer has been refused, or a refusal of admission is expected, and (in either case) that notice of the intention to apply for a warrant has been given to the occupier; orban application for admission to the premises, or the giving of such a notice, would defeat the object of the entry; orcthe premises are unoccupied or the occupier is temporarily absent; ordthe case is one of urgency,the sheriff, stipendiary magistrate or justice of the peace may by a signed warrant authorise the authorised officer to enter the premises, if need be by reasonable force.5A warrant granted under paragraph (4) is valid for a period of one month.6An authorised officer who enters, by virtue of this regulation, any premises which are unoccupied or the occupier of which is temporarily absent, must leave them as effectively secured against unauthorised entry as they were before entry.7It is an offence for a person who has obtained confidential information in the course of acting for the purposes of the enforcement of these Regulations to disclose that information, whether it was obtained on premises entered under or by virtue of these Regulations or otherwise, unless the disclosure is made in the performance of that person's duty.Other powers71An authorised officer who has lawfully entered premises for the purpose of the enforcement of these Regulations, may for that purpose—arequire any person to provide such assistance, information or facilities as the authorised officer may reasonably require;bmake any enquiries, observe any activity or process, and take photographs;cinspect and search the premises;dinspect any machinery or equipment or any other article on the premises;einspect and take samples of any bananas found on the premises;fidentify, with demarcation tape or other material, bananas or a specific lot of bananas which are found not to be compliant with the ... marketing rules;ginspect, seize and detain any container used in connection with bananas;hhave access to, inspect and copy any label, notice, document or record (in whatever form they are held) and remove them to enable them to be copied or require copies to be made;idetach, or give permission to be detached, any non compliance label or stop notice label when the reasons for their being affixed no longer apply;jhave access to, inspect and check the data on, and operation of, any computer and any associated apparatus or material that is or has been in use in connection with a label, notice, document or record mentioned in this regulation, including data relating to deleted files and activity logs; and for this purpose may require any person having charge of, or otherwise concerned with the operation of, the computer, apparatus or material to afford such assistance (including the provision of passwords) as may reasonably be required and, where these items are kept by means of a computer, may require them to be produced in a visible and legible form in which they may be taken away;kseize any computers and associated equipment for the purpose of copying any data, but only if that authorised officer has a reasonable suspicion that an offence under these Regulations has been committed; andlseize and detain any items in sub-paragraph (h) if the authorised officer has reason to believe that they may be required as evidence in any court or other proceedings under these Regulations.2An authorised officer must—aas soon as is reasonably practicable, provide to the person appearing to be responsible for any items that the authorised officer seizes and detains under paragraph (1) a written receipt identifying those items; andbas soon as is reasonably practicable after deciding that those items are no longer required, return them, apart from those to be used as evidence in any court or other proceedings under these Regulations.Power to affix labels8Where an authorised officer, who has lawfully entered premises for the purpose of the enforcement of these Regulations, takes a bulk sample of bananas from a specific lot and finds those bananas not to be compliant with the ... marketing rules, the power to affix—aa non compliance label under regulation 9 or 10; orba stop notice label under regulation 13;may be exercised in relation to all or any of the bananas or containers of bananas within that lot in the same way as in relation to the bulk sample taken.Power to affix a non compliance label91Where an authorised officer, who has lawfully entered premises for the purpose of the enforcement of these Regulations, finds any bananas which—ahave affixed to them a label or are accompanied by a notice or a document required by the ... marketing rules; orbare 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 paragraph (2) or (3) applies, the authorised officer may amend or cancel the label, notice or document and may affix to the bananas, or, as the case may be, to the notice or container, a non compliance label.2Situation 1 is where the label, notice or document indicates—athat the bananas are of a particular class under ... marketing rules; butbthe authorised officer has reasonable cause to believe that the bananas are of an inferior class under those rules.3Situation 2 is where the label, notice or document indicates—athat the bananas are of a particular class under ... marketing rules; butbthe authorised officer has reasonable cause to believe that the bananas do not comply with any class under those rules.4For the purposes of this regulation and regulation 10, a non compliance label must be—ain the form set out in Part I of Schedule 2; andbcompleted in accordance with Part II of that Schedule.10Where an authorised officer, who has lawfully entered premises for the purpose of the enforcement of these Regulations, finds any bananas, or container holding bananas, which—ado not have a label required by the ... marketing rules affixed to them;bare not accompanied by a notice or document required by the ... marketing rules;chave a label required by the ... marketing rules affixed to them, but the label appears to the authorised officer to be incorrect (other than in relation to a particular class under the European Union... marketing rules), or to have been altered or defaced; ordare accompanied by a notice or document required by the ... marketing rules but which appears to the authorised officer to be incorrect (other than in relation to a particular class under the ... marketing rules), or to have been altered or defaced with the result that it is incorrect,the authorised officer may, as appropriate, amend or cancel the label, notice or document and may affix to those bananas, or, as the case may be, to the container, a non compliance label.Requirement to serve a notice in terms of regulation 9 or 10111If an authorised officer deems it appropriate to affix a non compliance label to any bananas or container holding bananas, the authorised officer must, at the same time serve a written notice on the owner of the bananas or an agent or employee or the owner, advising of the reasons for non compliance and clearly indicating—ain the case where regulation 9 applies, which of the situations contained in paragraph (2) or (3) of that regulation is applicable; orbin the case where regulation 10 applies, which of the circumstances contained in paragraphs (a) to (d) of that regulation is applicable.2Any notice issued by an authorised officer in terms of this regulation must, in addition to the information required in terms of paragraph (1)(a) or (b) (as applicable), also contain the following information—athe notice shall be named “Notice of non compliance with ... marketing rules”;ba reference to the Marketing of Bananas (Scotland) Regulations 2012;ca reference number to correspond with the compliance check, to be entered on the non compliance label affixed to the bananas, or as the case may be, to the container;dthe name and address of the trader, importer or exporter responsible for the bananas;ethe reasons for the non compliance with the ... marketing rules;fa warning that it is an offence under these Regulations to display or offer for sale, deliver or market in any other manner bananas in contravention of the ... marketing rules;gthe origin of the bananas claimed;hthe class of bananas claimed/attained;ithe quantity of the consignment;jthe signature of the authorised officer;kthe date, time and place of the compliance check; andlan official stamp bearing the number identifying the authorised officer.Word in reg. 8 omitted (31.12.2020) by virtue of The Marketing of Horticultural Produce and Bananas (EU Exit) (Scotland) (Amendment) Regulations 2019 (S.S.I. 2019/169), regs. 1(1)(b), 4(6); 2020 c. 1, Sch. 5 para. 1(1)Word in reg. 9(1)(a) omitted (31.12.2020) by virtue of The Marketing of Horticultural Produce and Bananas (EU Exit) (Scotland) (Amendment) Regulations 2019 (S.S.I. 2019/169), regs. 1(1)(b), 4(7)(a); 2020 c. 1, Sch. 5 para. 1(1)Word in reg. 9(2)(a) omitted (31.12.2020) by virtue of The Marketing of Horticultural Produce and Bananas (EU Exit) (Scotland) (Amendment) Regulations 2019 (S.S.I. 2019/169), regs. 1(1)(b), 4(7)(b); 2020 c. 1, Sch. 5 para. 1(1)Word in reg. 9(3)(a) omitted (31.12.2020) by virtue of The Marketing of Horticultural Produce and Bananas (EU Exit) (Scotland) (Amendment) Regulations 2019 (S.S.I. 2019/169), regs. 1(1)(b), 4(7)(c); 2020 c. 1, Sch. 5 para. 1(1)Word in reg. 7(1)(f) omitted (31.12.2020) by virtue of The Marketing of Horticultural Produce and Bananas (EU Exit) (Scotland) (Amendment) Regulations 2019 (S.S.I. 2019/169), regs. 1(1)(b), 4(5); 2020 c. 1, Sch. 5 para. 1(1)Word in reg. 10 omitted (31.12.2020) by virtue of The Marketing of Horticultural Produce and Bananas (EU Exit) (Scotland) (Amendment) Regulations 2019 (S.S.I. 2019/169), regs. 1(1)(b), 4(8); 2020 c. 1, Sch. 5 para. 1(1)Word in reg. 11(2) omitted (31.12.2020) by virtue of The Marketing of Horticultural Produce and Bananas (EU Exit) (Scotland) (Amendment) Regulations 2019 (S.S.I. 2019/169), regs. 1(1)(b), 4(9); 2020 c. 1, Sch. 5 para. 1(1)