Notices5.
(1)
Paragraph (2) applies where an authorised officer reasonably suspects that any beef or veal is being labelled and marketed in a manner that does not comply with any applicable provision of the EU instruments listed in regulation 4(1).
(2)
The authorised officer may serve a written notice on the operator of the business responsible for the labelling and marketing of the beef or veal (“the operator”) requiring its removal from sale until it is—
(a)
re-labelled in accordance with the applicable provision of those EU instruments; or
(b)
sent directly for processing into products other than those indicated in the first indent of Article 12 of Regulation 1760/2000.
(3)
When serving the notice, the authorised officer must inform the operator of the right of review under paragraph (4) and how it may be exercised.
(4)
An operator on whom a notice has been served under paragraph (2) may request the Scottish Ministers to arrange a review of the decision to serve the notice.
(5)
The operator requesting a review of a decision to serve a notice under paragraph (2) must do so in person, by telephone or by fax to the contact details indicated in the notice. A request in person or by telephone must be confirmed in writing as soon as reasonably practicable thereafter.
(6)
The review is to be determined by a person (unconnected with the original decision) appointed by the Scottish Ministers (“the appointed person”) under arrangements maintained by them for the purpose of this regulation.
(7)
The appointed person conducting the review may cancel the notice or confirm it, with or without modifications.
(8)
The appointed person must—
(a)
complete the review as soon as reasonably practicable and in any event within 48 hours of the request being made under paragraph (4) in person, by telephone or by fax; and
(b)
serve notice on the operator of the decision in writing.
(9)
The Scottish Ministers may suspend the notice pending determination of the review and must serve a notice forthwith of their decision to do so on the operator and the authorised officer.
(10)
The appointed person's determination is final.