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.