The Common Agricultural Policy (Wine) (Wales) Regulations 2001

Control on movement

8.—(1) Where an authorised officer inspects any wine-sector product he or she may prohibit its being moved if he or she has reason to believe that an offence has been, is being or is likely to be committed in respect of it by contravention of, or failure to comply with, any relevant Community provision referred to in columns 1 or 2 of Part I, II, III, V or IX of Schedule 2 and that there is or is likely to be a risk to public health in relation to that product or there has been or is likely to be any fraudulent treatment of that product.

(2) An officer who exercises the power conferred by paragraph (1) above shall, without delay, give to the person who appears to him or her to be in charge of the wine-sector product concerned notice in writing—

(a) specifying the wine-sector product in relation to which the power has been exercised;

(b) stating that the wine-sector product may not be moved without the written consent of an authorised officer;

(c) specifying the Community provision in respect of which he or she has reason to believe that an offence has been, is being or is likely to be committed; and

(d) specifying whether he or she considers that it would be practicable for steps to be taken to persuade him or her that he or she no longer has reason for that belief and, if so, what those steps should be.

(3) Where a notice described in paragraph (2) above is given by an authorised officer of the Wine Standards Board that notice shall also contain information of the recipient’s right, conferred by regulation 10, to have the giving of that notice reviewed, and as to how that right may be exercised, and of the effect of exercising that right.

(4) If the person to whom the officer gives the notice does not appear to him or her to be the owner of the wine-sector product concerned or an agent, contractor or employee of the owner, the officer shall use his or her best endeavours to bring the contents of the notice additionally to the attention of such a person as soon as possible.

(5) An authorised officer may affix to any wine-sector product in relation to which the power conferred by paragraph (1) above has been exercised, or to any container in which the wine-sector product is packed, labels warning of the exercise of the power.

(6) An authorised officer who is satisfied that the steps specified in the notice under paragraph 2(d) above have been taken shall thereupon remove the prohibition on movement imposed pursuant to paragraph (1) above.