The Genetically Modified Organisms (Traceability and Labelling) (Scotland) Regulations 2004

Incorrectly Labelled Products

6.—(1) Where an inspector is satisfied that a product consisting of or containing genetically modified organisms has not been labelled in accordance with article 4(6) of the Council Regulation the inspector shall by notice in writing served on the operator–

(a) prohibit the placing on the market of the product until it has been correctly labelled;

(b) where the product has been placed on the market prior to the date of the notice, require the withdrawal of the product within such period as the inspector may reasonably believe to be necessary;

(c) prohibit the removal of the product from the premises described in the notice other than to enable the product to be labelled correctly;

(d) require the product to be labelled in accordance with the Council Regulation within such period as the inspector may reasonably deem to be necessary.

(2) The notice may contain such conditions as the inspector is satisfied are reasonable and may be amended, suspended or revoked by further notice in writing at any time.

(3) A notice under this regulation shall be complied with at the expense of the person on whom the notice is served.

(4) If a notice under this regulation, or an action required to be taken by the notice, is not complied with within the period specified in the notice, an inspector may arrange for it to be complied with and all reasonable costs of taking such action shall be recoverable by the local authority or the Scottish Ministers (as the case may be) as a debt due by the person on whom the notice was served.