The Organic Products Regulations 2009

Control on movement

7.—(1) An authorised officer may prohibit the movement of a consignment from the place of import if the officer has reason to believe that there has been a failure to comply with any relevant provision of the Council Regulation or Commission Regulation 1235/2008.

(2) An officer who has prohibited such movement must, as soon as possible, give written notice to the importer or person who appears to the officer to be in charge of the consignment.

(3) The notice must—

(a) specify the controlled consignment;

(b) state that it may not be moved without the written consent of an authorised officer;

(c) specify the relevant provision of the Council Regulation or Commission Regulation 1235/2008 in respect of which the officer has reason to believe that there has been a failure to comply; and

(d) specify what steps, if any, might be taken to show that there has been compliance with that provisions, and within what time such steps must be taken.

(4) Where—

(a) no steps are specified for the purposes of paragraph (3)(d), or

(b) there has been a failure to take such steps as are specified within the time specified,

an authorised officer may order that, under supervision, the controlled consignment be destroyed or otherwise disposed of.

(5) If the person to whom the authorised officer gives the notice does not appear to the officer to be the importer or an agent, contractor or employee of the importer, the officer must use best endeavours to bring the contents of the notice to the attention of such a person as soon as possible.

(6) An authorised officer may affix to any controlled consignment, or to any container in which the controlled consignment is packed, labels warning of the prohibition on movement.

(7) An authorised officer who is satisfied that the steps specified in the notice under paragraph (3)(d) have been taken must, as soon as possible, remove the prohibition on movement.