PART 1 SINTRODUCTION

Citation, commencement and extentS

1.—(1) These Regulations may be cited as the Marketing of Horticultural Produce and Bananas (EU Exit) (Scotland) (Amendment) Regulations 2019 and come into force—

(a)as regards this Part and Part 2, on 1 July 2019,

(b)as regards Part 3, on exit day.

(2) These Regulations extend to Scotland only.

PART 2 SAMENDMENT OF REFERENCES IN SECONDARY LEGISLATION

Amendment of the Marketing of Bananas (Scotland) Regulations 2012S

2.  In regulation 2(1) (interpretation) of the Marketing of Bananas (Scotland) Regulations 2012 M3, in the definition of “Council Regulation 2013”, for “the Regulation of the European Parliament and of the Council adopted on 16 December 2013” substitute “ Regulation (EU) No 1308/2013 of the European Parliament and of the Council of 17 December 2013 ”.

PART 3 SAMENDMENT OF SECONDARY LEGISLATION RELATING TO WITHDRAWAL FROM THE EUROPEAN UNION

Amendment of the Marketing of Horticultural Produce (Scotland) Regulations 2009S

3.—(1) The Marketing of Horticultural Produce (Scotland) Regulations 2009 M4 are amended as follows.

(2) In regulation 2(1) (interpretation)—

(a)omit the definition of “EU marketing rules”,

(b)in the definition of “horticultural produce” omit “EU”,

(c)after the definition of “label” insert—

““marketing rules” means the general marketing standard and the specific marketing standards covering fresh fruit and vegetables listed in Part IX of Annex I to Council Regulation 2013 and includes the rules relating to those standards contained in Articles 74, 75 and 76 of that Council Regulation and in Title II of Commission Implementing Regulation 543/2011;”,

(d)in the definition of “non compliance label” omit “EU”.

(3) In regulation 3(2) (designations and information disclosure)—

(a)omit “EU”,

(b)for “Secretary of State,” substitute “ Secretary of State or ”,

(c)omit “or the European Commission”.

(4) In regulation 5(1)(h) (authorised officer: other powers) omit “EU”.

(5) In regulation 6(1) (authorised officer: power to affix a non compliance label) omit “EU”.

(6) In regulation 7 (authorised officer: power to affix a non compliance label)—

(a)in paragraph (1) omit “EU”,

(b)in paragraph (3)(b) omit “EU”,

(c)in paragraph (4)(b) omit “EU”.

(7) In regulation 8(1) (authorised officer: power to affix a non compliance label) omit “EU” in each place it occurs.

(8) In regulation 9(2) (authorised officer: requirement to serve a notice in terms of regulations 6, 7 and 8) omit “EU” in each place it occurs.

(9) In regulation 10(2)(e) (authorised officer: powers to control the movement of horticultural produce) omit “EU”.

(10) In regulation 13 (authorised officer: consents to the movement of controlled horticultural produce)—

(a)in paragraph (2)(a) omit “EU”,

(b)in paragraph (3)(a)(ii) omit “EU”.

(11) In regulation 15 (EU marketing rules offences)—

(a)in the heading, omit “EU”,

(b)in paragraph (3)(a) omit “EU”,

(c)in paragraph (4) omit “EU”,

(d)in paragraph (5) omit “EU”,

(e)in paragraph (6)(a) omit “EU” in both places it occurs,

(f)in paragraph (7)—

[F1(i)for “the European Union” substitute “Great Britain”]

(ii)omit “EU”.

(12) In regulation 18(1)(c) (obstruction) omit “EU” in both places it occurs.

F2(13) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(14) In schedule 1 (form and completion of labels), for the non compliance label in Part 1 (form of non compliance label), substitute—

“

”.

Amendment of the Marketing of Bananas (Scotland) Regulations 2012S

4.—(1) The Marketing of Bananas (Scotland) Regulations 2012 are amended as follows.

(2) In regulation 2(1) (interpretation)—

(a)omit the definition of “EU marketing rules”,

(b)in the definition of “inspection body” omit “of a member State”,

(c)after the definition of “label” insert—

““marketing rules” means any of the minimum requirements, classification, sizing, presentation and marking standards provided for in Article 1 and Annex I of Commission Regulation 1333/2011, subject to the tolerances in Point IV of that Annex;”,

(d)in the definition of “non compliance label” omit “EU”.

(3) In regulation 3(2) (designations, provision of information and appointment of authorised officers)—

(a)omit “EU”,

(b)omit “in other member States and”,

(c)omit “or” before sub-paragraph (b),

(d)omit sub-paragraph (b).

(4) In regulation 4 (EU marketing rules: offences)—

(a)in the heading omit “EU”,

(b)in paragraph (1) omit “EU”,

(c)in paragraph (3)(a) omit “EU”,

(d)in paragraph (4) omit “EU”,

(e)in paragraph (5) omit “EU”,

(f)in paragraph (6) omit “EU” in both places it occurs,

(g)in paragraph (7)—

[F3(i)for “the European Union” substitute “Great Britain”]

(ii)omit “EU”.

(5) In regulation 7(1)(f) (other powers) omit “EU”.

(6) In regulation 8 (power to affix labels) omit “EU”.

(7) In regulation 9 (power to affix a non compliance label)—

(a)in paragraph (1)(a) omit “EU”,

(b)in paragraph (2)(a) omit “EU”,

(c)in paragraph (3)(a) omit “EU”.

(8) In regulation 10 (power to affix a non compliance label) omit “EU” in each place it occurs.

(9) In regulation 11(2) (requirement to serve a notice in terms of regulation 9 or 10) omit “EU” in each place it occurs.

(10) In regulation 12(2)(e) (powers to control the movement of bananas) omit “EU”.

(11) In regulation 14(3)(a)(ii) (consents to the movement of controlled bananas) omit “EU”.

(12) In schedule 1 (provisions under Commission Regulation 1333/2011), in column 2 of the table omit “Article 4,” in both places it occurs.

(13) In schedule 2 (form and completion of labels), for the non compliance label in Part I (form of non compliance label) substitute—

“

”.

Explanatory Note

(This note is not part of the Regulations)