The Quality Schemes (Agricultural Products and Foodstuffs) Regulations 2018

Compliance notice E+W+S

12.—(1) An authorised officer may serve a notice in writing on any person if the authorised officer has grounds for believing that the person—

[F1 (a) has marketed, or is marketing or intending to market, a product—

(i) under a registered PDO or PGI which has not been labelled in a way described in Article 12 of Regulation 1151/2012 as read with Article 16(4) of that Regulation and Article 2 of, and the Annex to, Regulation 664/2014, or

(ii) under a registered TSG which has not been labelled in a way described in Article 23 of Regulation 1151/2012 as read with Article 25(4) of that Regulation and Article 2 of, and the Annex to, Regulation 664/2014;]

(b) has made, or is making or intending to make, any direct or indirect commercial use of a registered PDO or PGI in a way described in Article 13(1)(a);

(c) has misused, imitated or evoked, or is misusing, imitating or evoking or intending to misuse, imitate or evoke, a registered PDO or PGI in a way described in Article 13(1)(b);

(d) has used, or is using or intending to use, any other false or misleading indication as to the provenance, origin, nature or essential qualities of a product in a way described in Article 13(1)(c);

(e) has used, or is using or intending to use, any other practice that is liable to mislead the consumer as to the true origin of a product in a way described in Article 13(1)(d);

(f) has misused, imitated or evoked, or is misusing, imitating or evoking or intending to misuse, imitate or evoke, a registered TSG in a way liable to mislead the consumer as described in Article 24(1) or has carried out, or is carrying out or intending to carry out any other practice liable to mislead the consumer in a way described there;

(g) has used, or is using or intending to use, a sales description that causes confusion with a registered TSG in a way described in Article 24(2);

(h) has marketed, or is marketing or intending to market, a product described with an optional quality term in contravention of Article 33(1);

(i) has used, or is using or intending to use, an indication, abbreviation or symbol in contravention of Article 44(1), as read with Regulation 665/2014;

(j) has marketed, or is marketing or intending to market, a product under a registered PDO, PGI or TSG which has not been labelled in a way described in Article 13(1) [F2 to (3) of Regulation 668/2014 as read with Article 2 of, and the Annex to,] Regulation 664/2014.

(2) A notice served under paragraph (1) must contain the following—

(a) the name and address of the enforcement authority by which the authorised officer is authorised;

(b) the name and address of the person on whom the notice is served;

(c) the grounds for service of the notice;

(d) information on the steps the person must take to comply with the notice;

(e) except to the extent that the steps are confined to refraining from doing something believed to be intended, the period within which each step must be completed in order to comply with the notice, which must not expire before the period within which an appeal may be brought under regulation 15 [F3 or 16 as the case may be];

(f) information as to—

(i) the rights of appeal;

(ii) the scope for suspension of a notice pending appeal;

(iii) the consequences of an appeal;

(iv) the consequences of a failure to comply with the notice.

(3) Subject to regulations 15 [F4 and 16], the person on whom the notice is served must comply with the notice.

(4) A notice served under this regulation is referred to in these Regulations as a compliance notice.

Extent Information

E1 This version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland only

Textual Amendments

F1 Reg. 12(1)(a) substituted (E.W.S.) (31.12.2020) by The Agricultural Products, Food and Drink (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1637), regs. 1(7), 12(7)(a)(i)

F2 Words in reg. 12(1)(j) substituted (E.W.S.) (31.12.2020) by The Agricultural Products, Food and Drink (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1637), regs. 1(7), 12(7)(a)(ii)

F3 Words in reg. 12(2)(e) substituted (E.W.S.) (31.12.2020) by The Agricultural Products, Food and Drink (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1637), regs. 1(7), 12(7)(b)

F4 Words in reg. 12(3) substituted (E.W.S.) (31.12.2020) by The Agricultural Products, Food and Drink (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1637), regs. 1(7), 12(7)(c)

Compliance notice N.I.

12.—(1) An authorised officer may serve a notice in writing on any person if the authorised officer has grounds for believing that the person—

(a) has marketed, or is marketing or intending to market, a product under a registered PDO or PGI which has not been labelled in a way described in Article 12;

(b) has made, or is making or intending to make, any direct or indirect commercial use of a registered PDO or PGI in a way described in Article 13(1)(a);

(c) has misused, imitated or evoked, or is misusing, imitating or evoking or intending to misuse, imitate or evoke, a registered PDO or PGI in a way described in Article 13(1)(b);

(d) has used, or is using or intending to use, any other false or misleading indication as to the provenance, origin, nature or essential qualities of a product in a way described in Article 13(1)(c);

(e) has used, or is using or intending to use, any other practice that is liable to mislead the consumer as to the true origin of a product in a way described in Article 13(1)(d);

(f) has misused, imitated or evoked, or is misusing, imitating or evoking or intending to misuse, imitate or evoke, a registered TSG in a way liable to mislead the consumer as described in Article 24(1) or has carried out, or is carrying out or intending to carry out any other practice liable to mislead the consumer in a way described there;

(g) has used, or is using or intending to use, a sales description that causes confusion with a registered TSG in a way described in Article 24(2);

(h) has marketed, or is marketing or intending to market, a product described with an optional quality term in contravention of Article 33(1);

(i) has used, or is using or intending to use, an indication, abbreviation or symbol in contravention of Article 44(1), as read with Regulation 665/2014;

(j) has marketed, or is marketing or intending to market, a product under a registered PDO, PGI or TSG which has not been labelled in a way described in Article 13(1) or (3) of Regulation 668/2014, as read with Article 2 of Regulation 664/2014.

(2) A notice served under paragraph (1) must contain the following—

(a) the name and address of the enforcement authority by which the authorised officer is authorised;

(b) the name and address of the person on whom the notice is served;

(c) the grounds for service of the notice;

(d) information on the steps the person must take to comply with the notice;

(e) except to the extent that the steps are confined to refraining from doing something believed to be intended, the period within which each step must be completed in order to comply with the notice, which must not expire before the period within which an appeal may be brought under regulation F5 ... 17;

(f) information as to—

(i) the rights of appeal;

(ii) the scope for suspension of a notice pending appeal;

(iii) the consequences of an appeal;

(iv) the consequences of a failure to comply with the notice.

(3) Subject to [F6 regulation] 17, the person on whom the notice is served must comply with the notice.

(4) A notice served under this regulation is referred to in these Regulations as a compliance notice.

Extent Information

E2 This version of this provision extends to Northern Ireland only; a separate version has been created for England and Wales and Scotland only

Textual Amendments

F5 Words in reg. 12(2)(e) omitted (N.I.) (31.12.2020) by virtue of The Agricultural Products, Food and Drink (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1637), regs. 1(7), 15(6)(a)

F6 Words in reg. 12(3) substituted (N.I.) (31.12.2020) by The Agricultural Products, Food and Drink (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1637), regs. 1(7), 15(6)(b)