The Marketing of Horticultural Produce (Scotland) Regulations 2009

[^key-dc87eb8a5c9e73c0d58167deebd3242c]: Words in reg. 25(2)(a) substituted (30.9.2022) by The Food Information (Transitional Provisions) (Miscellaneous Amendments) (Scotland) Regulations 2022 (S.S.I. 2022/265), regs. 1(1), 9(b)

[^key-b8a71ec2e99c13d42cb2e21de47be1bb]: Word in reg. 2(1) omitted (2.2.2023) by virtue of The Agriculture (Retained EU Law and Data) (Scotland) Act 2020 (Consequential Modifications) and Agricultural Products, Aquatic Animal Health and Genetically Modified Organisms (EU Exit) (Amendment) Regulations 2022 (S.S.I. 2022/361), regs. 1, 17(a)

[^key-329b6ada9d7be4b73315ca4106c77174]: Words in reg. 2(1) omitted (2.2.2023) by virtue of The Agriculture (Retained EU Law and Data) (Scotland) Act 2020 (Consequential Modifications) and Agricultural Products, Aquatic Animal Health and Genetically Modified Organisms (EU Exit) (Amendment) Regulations 2022 (S.S.I. 2022/361), regs. 1, 17(b)

EU marketing rules offences

Right of review

Provision of information – trader database

15A

• (1) A trader must provide to the Scottish Ministers such information as Ministers consider necessary to set up and update the database established for the purpose of Article10 of Commission Implementing Regulation 543/2011.

• (2) A person is guilty of an offence if he or she fails to provide any information required by the Scottish Ministers in accordance with paragraph (1).

Provision of information – conformity checks

15B

• (1) A trader must provide to an authorised officer such information as that officer considers necessary—

• (a) for organising and carrying out a conformity check in accordance with Article 11 of Commission Implementing Regulation 543/2011; or

• (b) for the purposes of Article 17 of Commission Implementing Regulation 543/2011.

• (2) A person is guilty of an offence if he or she fails to provide any information required by an authorised officer in accordance with paragraph (1).

Derogation from specific marketing standards

Offences relating to movement of controlled horticultural produce

Obstruction

Offence due to fault of another person

Defences

Offences by bodies corporate

Penalties

Revocations

Disapplication

... marketing rules offences

Transitional provisions: withdrawal from the EU

25

• (1) An authorised officer must not exercise the powers under regulation 8(1) in relation to a failure to comply with Article 7 of Commission Implementing Regulation 543/2011 if the matter constituting the alleged contravention—

• (a) relates to a product that was placed on the market before the end beginning with 30 September 2022 and ending with 31 December 2023, and

• (b) would not have constituted a contravention of that Regulation as it applied immediately before IP completion day.

• (2) Regulation 15 does not apply in relation to a failure to comply with Article 7 of Commission Implementing Regulation 543/2011 if the matter constituting the alleged contravention—

• (a) relates to a product that was placed on the market before the end beginning with 30 September 2022 and ending with 31 December 2023, and

• (b) would not have constituted a contravention of that Regulation as it applied immediately before IP completion day.