The Marketing of Fresh Horticultural Produce Regulations 2009

Powers to control the movement of horticultural produce

12.—(1) An authorised officer may, by written notice (a “stop notice”) pursuant to paragraph (2), prohibit the movement of any horticultural produce if the authorised officer reasonably suspects that an offence under these Regulations is being committed in respect of that horticultural produce.

(2) The written notice referred to in paragraph (1) must be served on the person appearing to the authorised officer to be in charge of the horticultural produce concerned and must—

(a) state the date and time of service of the notice;

(b) identify the recipient of the notice;

(c) specify the horticultural produce in relation to which the power has been exercised;

(d) state the reason for its detention;

(e) confirm that options for bringing the horticultural produce into conformity with the F1 ... [F2 marketing rules] within a specified time or for the appropriate sale or disposal of that horticultural produce within a specified time in such a manner that no offence under these Regulations will be committed in respect of it have been discussed between the authorised officer and the person appearing to be in charge of the horticultural produce;

(f) state the location of the horticultural produce;

(g) state that the horticultural produce may not be moved from that location without the written consent of an authorised officer; and

(h) contain information regarding the right to a review of the written notice under this regulation, when and how it may be exercised and contact details of persons to whom notice of exercise of the right must be given.

(3) The person on whom the stop notice is served, or the owner of the horticultural produce or an agent or employee acting on behalf of the owner, may request a review.

(4) The request must be made in the manner provided for in paragraph (8) as soon as reasonably practicable, and in any event within the time limit specified in paragraph (5) or (7) as is applicable.

(5) The time limit for a person on whom the stop notice was served is 48 hours from service of the stop notice.

(6) Where the person on whom the notice is served is not the owner, or an agent or employee acting on behalf of the owner, the authorised officer must use best endeavours to identify such a person and bring the contents of the stop notice to that person's attention within 48 hours from service of the notice.

(7) The time limit for a person referred to in paragraph (6) is within 48 hours of the contents of the stop notice coming to that person's attention or within 96 hours from the time of service of the notice whichever is the sooner.

(8) A request for a review must be exercised by informing an authorised officer either in person, or by telephone to be confirmed in writing as soon as reasonably practicable, or by email or fax at the contact details indicated in the stop notice.

(9) The Secretary of State must maintain arrangements for the conduct of a review by an authorised officer unconnected with the original decision to determine whether there were valid grounds for serving the stop notice.

(10) The authorised officer conducting the review may cancel the notice or confirm it, with or without modification.

(11) The authorised officer must complete the review as soon as reasonably practicable and in any event within 48 hours of the request, and notify the person who requested it, and, if different, the person on whom the notice was served and any other person in possession of the horticultural produce, of the outcome, as soon as reasonably practicable.

Textual Amendments

F1 Word in reg. 12(2)(e) omitted (31.12.2020) by virtue of The Market Measures (Miscellaneous Provisions) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/824), regs. 1, 5(11); 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. 13 (with art. 3)