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10.—(1) An authorised officer may, by written notice pursuant to paragraph (2), prohibit the movement of any horticultural produce if the authorised officer reasonably suspects that an offence under these Regulations is being committed in respect of that horticultural produce.
(2) The written notice referred to in paragraph (1) must be served on the person appearing to the authorised officer to be in charge of the horticultural produce concerned and must–
(a)specify the date, place and time of service of the notice;
(b)contain details of the recipient of the notice;
(c)specify the horticultural produce in relation to which the power has been exercised;
(d)state the reason for its detention;
(e)confirm that options for bringing the horticultural produce into conformity with the [F1EU marketing rules] or for the appropriate disposal of that horticultural produce have been discussed between the authorised officer and the person appearing to be in charge of the horticultural produce;
(f)state the location of that horticultural produce;
(g)state that the horticultural produce may not be moved from that location without the written consent of an authorised officer; and
(h)contain the authorised officer's official stamp and number.
[F2(3) When serving the notice under paragraph (1), the authorised officer must inform the [F3person on whom the notice is served] of the right of review under regulation 11 and how it may be exercised.]
Textual Amendments
F1Words in Regulations substituted (22.4.2011) by The Treaty of Lisbon (Changes in Terminology) Order 2011 (S.I. 2011/1043), art. 2, Sch. 1 para. 18 (with art. 3)
F2Reg. 10(3) substituted (10.10.2011) by The Marketing of Horticultural Produce (Scotland) Amendment Regulations 2011 (S.S.I. 2011/324), regs. 1(1), 6
F3Words in reg. 10(3) substituted (28.2.2019) by The Environment, Food and Rural Affairs (Miscellaneous Amendments and Revocations) (Scotland) Regulations 2018 (S.S.I. 2018/391), regs. 1(1), 20(3)
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