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The Wine Regulations (Northern Ireland) 2009

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This is the original version (as it was originally made).

Control on movement

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8.—(1) An authorised officer of the Agency who inspects any wine-sector product may prohibit its being moved if there is reason to believe—

(a)there has been or may have been a breach of these Regulations in relation to that product; or

(b)there is or may be a risk to public health in relation to that product.

(2) An officer who does so must, without delay, give to the person who appears to be in charge of the wine-sector product concerned notice in writing—

(a)specifying the product concerned;

(b)stating that the product may not be moved without the written consent of an authorised officer;

(c)specifying the provision that has been or may have been breached; and

(d)specifying whether it would be practicable for steps to be taken to demonstrate to the officer that there is no longer any reason for that belief and, if so, what those steps should be.

(3) Where such a notice is given that notice must also contain information of the recipient’s right, conferred by regulation 10, to have the giving of that notice reviewed, and as to how that right may be exercised, and of the effect of exercising that right.

(4) If the person to whom the officer gives the notice does not appear to the officer to be the owner of the wine-sector product concerned or an agent, contractor or employee of the owner, the officer must use best endeavours to bring the contents of the notice to the attention of such a person as soon as possible.

(5) An authorised officer of the Agency may affix to any wine-sector product in relation to which the power conferred by paragraph (1) has been exercised, or to any container in which the wine-sector product is packed, labels warning of the exercise of the power.

(6) An authorised officer of the Agency who is satisfied that the steps specified in the notice under paragraph 2(d) have been taken must immediately remove the prohibition on movement.

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