The Marketing of Bananas (Scotland) Regulations 2012

EU marketing rules: offences

4.—(1) A person is guilty of an offence if the person displays or offers for sale, delivers or markets in any other manner, bananas in contravention of the EU marketing rules.

(2) A person is guilty of an offence if the person fails to comply with any provision of Commission Regulation 1333/2011 mentioned in column 1 of Schedule 1 to these Regulations, as read with any provision mentioned in any corresponding entry in column 2 of that Schedule.

(3) Where—

(a) an authorised officer has inspected bananas and found them not to be compliant with the EU marketing rules; and

(b) the person in charge of those bananas has given an undertaking, or has been responsible for the giving of an undertaking, in relation to those bananas,

it is an offence for that person to act in breach of the undertaking or to cause or permit the person’s agent or employee to act in breach of that undertaking.

(4) A person is guilty of an offence if, in purporting to provide the information particulars required by the EU marketing rules, the person gives an inaccurate or false description of those bananas on a label affixed to, or in a notice or document accompanying, those bananas.

(5) A person, other than an authorised officer, is guilty of an offence if the person affixes, or causes or permits to be affixed, a non compliance label to any container of bananas, or to the bananas themselves or to any notice or document with the information particulars required by the EU marketing rules to accompany those bananas.

(6) A person, other than an authorised officer, is guilty of an offence if the person removes, conceals, defaces or alters, or causes or permits to be removed, concealed, defaced or altered—

(a) any notice or document with the information particulars required by the EU marketing rules to accompany bananas or any label which is required by those rules to be affixed to those bananas or to their container;

(b) a non compliance label which has been affixed by an authorised officer in the execution of these Regulations to the bananas or to their container; or

(c) any demarcation tape or other material used by an authorised officer in accordance with regulation 7(1)(f) to identify bananas or a specific lot of bananas which are found not to be compliant with the EU marketing rules.

(7) A person is guilty of an offence if the person exports or imports any consignment of bananas to or from any place outside the European Union without a document, label or notice which is required by the EU marketing rules to accompany those bananas.