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The Marketing of Horticultural Produce (Scotland) Regulations 2009
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- Scottish Statutory Instruments
- 2009 No. 225
- Regulation 15
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Changes and effects yet to be applied to Regulation 15:
- reg. 15 heading word omitted by S.S.I. 2019/169 reg. 3(11)(a)
- reg. 15(3)(a) word omitted by S.S.I. 2019/169 reg. 3(11)(b)
- reg. 15(4) word omitted by S.S.I. 2019/169 reg. 3(11)(c)
- reg. 15(5) word omitted by S.S.I. 2019/169 reg. 3(11)(d)
- reg. 15(6)(a) word omitted by S.S.I. 2019/169 reg. 3(11)(e)
- reg. 15(7) word omitted by S.S.I. 2019/169 reg. 3(11)(f)(ii)
- reg. 15(7) words substituted by S.S.I. 2019/169 reg. 3(11)(f)(i) (This amendment not applied to legislation.gov.uk. Reg. 3(11)(f)(i) substituted immediately before IP completion day by S.S.I. 2020/368, regs. 1(3), 4(2))
- reg. 15(7) words substituted by S.S.I. 2019/169, reg. 3(11)(f)(i) (as substituted) by S.S.I. 2020/368 reg. 4(2)
Changes and effects yet to be applied to the whole Instrument associated Parts and Chapters:
Whole provisions yet to be inserted into this Instrument (including any effects on those provisions):
- reg. 25 inserted by S.S.I. 2019/169 reg. 3(13) (This amendment not applied to legislation.gov.uk. Reg. 13(3) revoked immediately before IP completion day by virtue of S.S.I. 2019/289, regs. 1(b), 7)
- reg. 25 inserted by S.S.I. 2019/209 reg. 3
- reg. 25 words substituted in earlier amending provision S.S.I. 2019/209, reg. 3 by S.S.I. 2020/368 reg. 5(2)
- reg. 25(1)(a) words substituted by S.S.I. 2022/265 reg. 9(a)
- reg. 25(2)(a) words substituted by S.S.I. 2022/265 reg. 9(b)
[F1EU marketing rules] offencesS
This section has no associated Executive Note
15.—(1) Subject to paragraph (2), a person is guilty of an offence if he or she displays, offers for sale, delivers or markets in any other manner, horticultural produce in contravention of or in non compliance with–
(a)the general marketing standard, if applicable; or
(b)any specific marketing standard applying to that horticultural produce.
(2) A person is guilty of an offence if he or she fails to comply with any provision of [F2Commission Implementing Regulation 543/2011] mentioned in column 1 of Schedule 2 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 horticultural produce and found it not to conform with [F1EU marketing rules]; and
(b)the person in charge of that horticultural produce has given an undertaking, or has been responsible for the giving of an undertaking in relation to that horticultural produce,
it is an offence for that person to act in breach of the undertaking or to cause or permit his or her agent or employee to act in breach of the undertaking.
(4) A person is guilty of an offence if, in purporting to provide the information particulars required by [F1EU marketing rules] for horticultural produce, he or she gives an inaccurate or false description of that horticultural produce on a label affixed to, or in a notice or document accompanying, that horticultural produce.
(5) A person, other than an authorised officer, is guilty of an offence if he or she affixes, or causes or permits to be affixed, a non compliance label to any container of horticultural produce, or to the horticultural produce itself, or to any notice or document which is required by [F1EU marketing rules] to accompany that horticultural produce.
(6) A person, other than an authorised officer, is guilty of an offence if he or she removes, conceals, defaces or alters, or causes or permits to be removed, concealed, defaced or altered–
(a)any notice or document which is required by [F1EU marketing rules] to accompany horticultural produce or any label which is required by [F1EU marketing rules] to be affixed to that horticultural produce or to its container; or
(b)a non compliance label which has been applied by an authorised officer in the execution of these Regulations to the horticultural produce or to its container.
(7) A person is guilty of an offence if he or she exports or imports any consignment of horticultural produce to or from any place outside [F3the European Union] without a document, label or notice which is required by [F1EU marketing rules] to accompany that horticultural produce.
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)
F2Words in reg. 15(2) substituted (10.10.2011) by The Marketing of Horticultural Produce (Scotland) Amendment Regulations 2011 (S.S.I. 2011/324), regs. 1(1), 9
F3Words in Regulations substituted (22.4.2011) by The Treaty of Lisbon (Changes in Terminology) Order 2011 (S.I. 2011/1043), arts. 2, 3-6
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