Seizure and disposal of contravening productsE+W+S

12.—(1) This regulation applies where an authorised officer has come to the opinion on reasonable grounds that there has been a failure to comply with [F1regulation 7 or a] provision of Regulation 648/2004 in relation to a controlled product.

(2) An authorised officer may seize a controlled product and may dispose of it.

(3) An authorised officer may seize anything treated with the controlled product and may dispose of it.

(4) Before taking any action under paragraph (2) or (3), the authorised officer must serve notice of intention to do so on the person appearing to the authorised officer to be in possession or charge of the controlled product.

(5) Any notice under paragraph (4) must specify—

(a)the basis upon which the authorised officer has reached the opinion;

(b)the action required to be taken by the person upon whom the notice is served; and

(c)the period after which the authorised officer intends to take the action in question.

(6) The period specified in accordance with paragraph (5)(c) must not be less than 7 days, except in an emergency.

Extent Information

E1This version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland only

Textual Amendments

F1Words in reg. 12(1) substituted (E.W.S.) (31.12.2020) by The Detergents (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1617), regs. 1(3), 4(9)

Seizure and disposal of contravening productsN.I.

12.—(1) This regulation applies where an authorised officer has come to the opinion on reasonable grounds that there has been a failure to comply with [F2regulations 6 or 7] or a directly applicable provision of Regulation 648/2004 in relation to a controlled product.