Enforcement of compulsory and voluntary labelling requirementsE+W

5.—(1) Any person engaged in the marketing of beef who fails to comply—

(a)in respect of beef derived from animals slaughtered on or after 1st September 2000, with the compulsory and voluntary labelling requirements applicable under Title II of Regulation 1760/2000 and Commission Regulation 1825/2000; or

(b)in respect of beef derived from animals slaughtered before 1st September 2000, with the voluntary labelling requirements applicable under Commission Regulation 1141/97,

shall be guilty of an offence.

(2) Where beef has been labelled and marketed in a manner which does not comply—

(a)in respect of beef derived from animals slaughtered on or after 1st September 2000, with the compulsory and voluntary labelling requirements applicable under Title II of Regulation 1760/2000 and Commission Regulation 1825/2000; or

(b)in respect of beef derived from animals slaughtered before 1st September 2000, with the voluntary labelling requirements applicable under Commission Regulation 1141/97,

an authorised officer may serve a notice on the person in possession of the beef requiring its removal from sale until the beef is re-labelled in accordance with those requirements.

[F1(2A) A notice served pursuant to paragraph (2) shall state the right of appeal to a magistrates' court under regulation 13A and the period within which the appeal may be brought.]

(3) In respect of beef derived from animals slaughtered on or after 1st September 2000, a notice served under paragraph (2) above may authorise the beef to be sent directly for processing into products other than those indicated in the first indent of Article 12 of Regulation 1760/2000.

(4) Any person who fails to comply with the provisions of a notice served under paragraph (2) above shall be guilty of an offence.