PART 2General offences and exercise of powers on premises
Banana marketing standards: offences4.
(1)
It is an offence for a person to market bananas in contravention of any provision in Annex I to the Commission Implementing Regulation, as read with other provision(s) of that Regulation or the Single CMO Regulation of the banana marketing standards.
(2)
It is an offence for a person to fail to comply with any provision of the Commission Implementing Regulation mentioned in column 1 of Schedule 1, as read with any provision mentioned in any corresponding entry in column 2 of that Schedule.
(3)
Where—
(a)
an authorised officer has inspected bananas and found them not to be compliant with the banana marketing standards; and
(b)
the person in charge of those bananas has given an undertaking under regulation 14, or has been responsible for the giving of an undertaking under that regulation, in relation to those bananas,
it is an offence for that person to act in breach of the undertaking.
(4)
A person is guilty of an offence if, in purporting to provide the information particulars, laid down in Paragraph VI of Annex I to the Commission Implementing Regulation, required by the banana marketing standards, they give a false description of those bananas on a label affixed to those bananas.
(5)
It is an offence for a person, other than an authorised officer, to remove, conceal, deface or alter, or cause or permit another person to remove, conceal, deface or alter—
(a)
any information particulars, laid down in Paragraph VI of Annex I to the Commission Implementing Regulation, required by the banana marketing standards to accompany bananas or any label required by those standards to be affixed to those bananas or to their container;
(b)
a non-compliance label which has been affixed by an authorised officer to any bananas or to their container under regulation 9 or 10;
(c)
any demarcation tape or other material used by an authorised officer in accordance with regulation 7(1)(f) to identify bananas or a specific lot of bananas which are found not to be compliant with the banana marketing standards;
(d)
a stop notice affixed by an authorised officer under regulation 13(1).
(6)
A person is guilty of an offence if they export from or import to Northern Ireland any consignment of bananas to or from any place outside the European Union without the information particulars, laid down in Paragraph VI of Annex I to the Commission Implementing Regulation, required by the banana marketing standards to accompany those bananas.
Exercise of powers on premises5.
The powers under Part 3 and Part 4 of these Regulations may not be exercised on premises used wholly as a dwelling house.