The Marketing of Horticultural Produce (Scotland) Regulations 2009

F1 [F2 ... marketing rules] offences S

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 [F3 Commission 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 F4 [F2 ... 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 F5 [F2 ... 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 F6 [F2 ... 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 F7 [F2 ... marketing rules] to accompany horticultural produce or any label which is required by F7 [F2 ... 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 [F8 Great Britain] without a document, label or notice which is required by F9 [F2 ... marketing rules] to accompany that horticultural produce.

Textual Amendments

F1 Word in reg. 15 heading omitted (31.12.2020) by virtue of The Marketing of Horticultural Produce and Bananas (EU Exit) (Scotland) (Amendment) Regulations 2019 (S.S.I. 2019/169), regs. 1(1)(b), 3(11)(a); 2020 c. 1, Sch. 5 para. 1(1)

F2 Words 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)

F3 Words 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

F4 Word in reg. 15(3)(a) omitted (31.12.2020) by virtue of The Marketing of Horticultural Produce and Bananas (EU Exit) (Scotland) (Amendment) Regulations 2019 (S.S.I. 2019/169), regs. 1(1)(b), 3(11)(b); 2020 c. 1, Sch. 5 para. 1(1)

F5 Word in reg. 15(4) omitted (31.12.2020) by virtue of The Marketing of Horticultural Produce and Bananas (EU Exit) (Scotland) (Amendment) Regulations 2019 (S.S.I. 2019/169), regs. 1(1)(b), 3(11)(c); 2020 c. 1, Sch. 5 para. 1(1)

F6 Word in reg. 15(5) omitted (31.12.2020) by virtue of The Marketing of Horticultural Produce and Bananas (EU Exit) (Scotland) (Amendment) Regulations 2019 (S.S.I. 2019/169), regs. 1(1)(b), 3(11)(d); 2020 c. 1, Sch. 5 para. 1(1)

F7 Word in reg. 15(6)(a) omitted (31.12.2020) by virtue of The Marketing of Horticultural Produce and Bananas (EU Exit) (Scotland) (Amendment) Regulations 2019 (S.S.I. 2019/169), regs. 1(1)(b), 3(11)(e); 2020 c. 1, Sch. 5 para. 1(1)

F8 Words in reg. 15(7) substituted (31.12.2020) by The Marketing of Horticultural Produce and Bananas (EU Exit) (Scotland) (Amendment) Regulations 2019 (S.S.I. 2019/169), regs. 1(1)(b), 3(11)(f)(i) (as substituted by S.S.I. 2020/368, regs. 1(2), 4(2)); 2020 c. 1, Sch. 5 para. 1(1)

F9 Word in reg. 15(7) omitted (31.12.2020) by virtue of The Marketing of Horticultural Produce and Bananas (EU Exit) (Scotland) (Amendment) Regulations 2019 (S.S.I. 2019/169), regs. 1(1)(b), 3(11)(f)(ii); 2020 c. 1, Sch. 5 para. 1(1)