The Quality Standards for Green Bananas (England and Wales) Regulations 2012

PART 3E+WPowers of Authorised Officers

Powers of entryE+W

6.—(1) An authorised officer may, on giving reasonable notice, and on producing a duly authenticated authorisation if required, enter any premises at any reasonable hour for the purposes of the enforcement of these Regulations or the checks under the Commission Regulation.

(2) The requirement to give notice does not apply—

(a)where the entry is required for checks under the Commission Regulation;

(b)where the requirement is waived by the occupier of the premises;

(c)where reasonable efforts to agree an appointment have failed; or

(d)where an authorised officer has reasonable suspicion of a failure to comply with these Regulations or the Commission Regulation.

(3) Paragraph (1) does not apply in relation to any premises which are used wholly or mainly as a private dwelling.

(4) An authorised officer entering premises (whether under paragraph (1) or under the authority of a warrant under paragraph (5)) may—

(a)be accompanied by—

(i)such other persons as the authorised officer considers necessary; and

F1(ii). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)bring on to the premises such equipment as the authorised officer considers necessary.

(5) A justice of the peace may, by signed warrant, permit an authorised officer to enter premises, if necessary by reasonable force, if the justice, on sworn information in writing is satisfied that—

(a)there are reasonable grounds to enter those premises for the purpose of the enforcement of these Regulations or the checks under the Commission Regulation; and

(b)that any of the conditions in paragraph (6) are met.

(6) The conditions are—

(a)entry to the premises has been, or is likely to be, refused to an authorised officer and notice of the intention to apply for a warrant has been given to the occupier;

(b)asking for admission to the premises, or giving such a notice, would defeat the object of the entry;

(c)entry is required urgently; or

(d)the premises are unoccupied or the occupier is temporarily absent.

(7) A warrant under this regulation is valid for one month.

(8) An authorised officer who enters any unoccupied premises must leave them as effectively secured against unauthorised entry as they were before entry.

Other powers and obligations of authorised officersE+W

7.—(1) An authorised officer who has entered premises under regulation 6 may—

(a)require any person to provide such assistance, information or facilities as the authorised officer may reasonably require;

(b)make any enquiries, observe any activity or process, and take photographs;

(c)inspect and search the premises for bananas, notices, documents or records, computers and associated equipment and machinery used in relation to banana consignments;

(d)inspect any machinery or equipment, and any other article on the premises;

(e)inspect and take samples of any bananas found on the premises;

(f)identify, with demarcation tape or other material, bananas or a specific lot of bananas which are found not to be compliant with the marketing standards;

(g)inspect, seize and detain any container used in connection with bananas;

(h)have access to, inspect and copy any label, notice, document or record (in whatever form they are held), remove them to enable them to be copied or require copies to be made;

(i)detach, or give permission to be detached, any label affixed by an authorised officer when the reasons for it being affixed no longer apply;

(j)have access to, inspect and check the data on, and operation of, any computer and any associated apparatus or material that is or has been in use in connection with a label, notice, document or record mentioned in this regulation, including data relating to deleted files and activity logs; and for this purpose may require any person having charge of, or otherwise concerned with the operation of the computer, apparatus or material to afford such assistance as may reasonably be required and, where these items are kept by means of a computer, may require them to be produced in a form in which they may be taken away;

(k)seize any computers and associated equipment for the purpose of copying any data, but only if that authorised officer has a reasonable suspicion that an offence under these Regulations has been committed, and provided they are returned as soon as practicable;

(l)seize and detain any items in sub-paragraph (h) if that authorised officer has reason to believe that they may be required as evidence in proceedings under these Regulations.

(2) Where an authorised officer takes a bulk sample of bananas from a specific lot the power to affix a label under regulation 8(1), regulation 9(1), regulation 10(1) or regulation 11(1) may be exercised in relation to all or any of the bananas or containers of bananas within that lot in the same way as in relation to the bulk sample taken.

(3) An authorised officer must—

(a)as soon as is reasonably practicable, provide to the person appearing to be responsible for any items that the authorised officer seizes under paragraph (l) a written receipt identifying those items; and

(b)as soon as is reasonably practicable after deciding that those items are no longer required, return them, apart from those to be used as evidence in court proceedings.

(4) Where an authorised officer has seized items under paragraph (l) for use in evidence in court proceedings and—

(a)it is subsequently decided—

(i)that no court proceedings are to be brought; or

(ii)that those items are no longer needed as evidence in court proceedings; or

(b)the court proceedings are completed and no order in relation to those items has been made by the court,

an authorised officer must return the items as soon as is reasonably practicable.

Power to affix a re-graded labelE+W

8.—(1) Where an authorised officer who has entered premises under regulation 6 finds bananas which have affixed to them a label or are accompanied by a notice or a document, or are in a container to which a label is affixed or that is accompanied by a notice or document—

(a)indicating that the bananas are of a particular class provided for in the marketing standards, but

(b)which the authorised officer has reasonable cause to believe to be of an inferior class under the marketing standards,

the authorised officer may amend or cancel the label, notice or document and may affix to those bananas, or, as the case may be, to the notice, document or container, a label indicating that fact (a “re-graded label”).

(2) The re-graded label must show one of the following as appropriate—

(a)the words “RE-GRADED CLASS I”; or

(b)the words “RE-GRADED CLASS II”.

Power to affix an out-graded labelE+W

9.—(1) Where an authorised officer who has entered premises under regulation 6 finds bananas which have affixed to them a label or are accompanied by a notice or a document, or are in a container to which a label is affixed or that is accompanied by a notice or document—

(a)indicating that the bananas are of a particular class provided for in the marketing standards, but

(b)which the authorised officer has reasonable cause to believe do not comply with any class under the marketing standards,

the authorised officer may amend or cancel the label, notice or document and may affix to those bananas or, as the case may be, to the notice, document or container, a label indicating that fact (an “out-graded label”).

(2) The out-graded label must show the word “OUTGRADED”.

Power to affix a labelling defect labelE+W

10.—(1) Where an authorised officer who has entered premises under regulation 6 finds bananas or containers of bananas which—

(a)do not have a label required by the marketing standards affixed to them;

(b)are not accompanied by a notice or document required by the marketing standards;

(c)have a label required by the marketing standards affixed to them, but the label appears to the authorised officer to be incorrect (other than in relation to a particular class under the marketing standards), or to have been altered or defaced; or

(d)are accompanied by a notice or document required by the marketing standards but which appears to the authorised officer to be incorrect (other than in relation to a particular class under the marketing standards), or to have been altered or defaced with the result that it is incorrect,

the authorised officer may, as appropriate, amend or cancel the label, notice or document and may affix to those bananas, or, as the case may be, to the notice, document or containers, a label indicating that fact (a “labelling defect label”).

(2) The labelling defect label must show the words “LABELLING DEFECT”.

Power to affix a movement control labelE+W

11.—(1) An authorised officer may affix to any bananas or to any container of bananas a label warning that a movement control notice has been served under regulation 15(1) (a “movement control label”).

(2) The movement control label must show the words—

“This lot is subject to a Movement Control Notice. The bananas to which this label applies must not be moved without authorisation”.

Content of labelsE+W

12.  A label affixed by an authorised officer under regulation 8(1), regulation 9(1), regulation 10(1) or regulation 11(1) must contain the following information—

(a)the personal number assigned to the authorised officer who carried out the inspection;

(b)the date of the inspection;

(c)the logotype of the Department for Environment, Food and Rural Affairs (Defra) the design of which is displayed on the website: www.defra.gov.uk or the logotype of Defra’s successor;

(d)the logotype of the Rural Payments Agency the design of which is displayed on the website: www.rpa.gov.uk/rpa/index.nsf/home and the wording—

“The Rural Payments Agency is an Executive Agency of the Department for Environment, Food and Rural Affairs (Defra)”

• or equivalent wording agreed by any successor to the Rural Payments Agency with the Secretary of State, and that successor’s logotype;

“This label must not be removed without authorisation.”.

Written undertakingsE+W

13.—(1) An authorised officer may accept a written undertaking from a person who appears to the officer to be in control of bananas where the officer has—

(a)inspected the bananas and the accompanying notices, documents or labels which purport to satisfy the requirements of the marketing standards and found them not to comply with those standards;

(b)discussed with the person the options for—

(i)bringing the bananas, accompanying documents or labels into conformity with the marketing standards within an agreed time; or

(ii)the appropriate sale or disposal of the bananas within an agreed time in such a manner that there shall be no contravention of these Regulations.

(2) A written undertaking must—

(a)specify the identity of the person giving the undertaking;

(b)identify the bananas, or lot of bananas, which are the subject of the undertaking;

(c)give details of the contravention of the marketing standards found by the authorised officer;

(d)specify the action agreed to be taken by the person giving the undertaking;

(e)specify the agreed date by which such action will be taken; and

(f)be signed and dated by the person giving the undertaking and the authorised officer.

Warning noticesE+W

14.—(1) An authorised officer may serve a warning notice on a person if that authorised officer is of the opinion that there has been or may have been a contravention of any relevant rule.

(2) In addition to the information required for labels under regulation 12(a) to (d), a warning notice must—

(a)specify the relevant rule that the authorised officer believes the person has or may have contravened;

(b)require the person on whom the notice is served not to breach that relevant rule.

(3) A warning notice has effect for two years.

(4) “Relevant rule” means any of the following—

(a)any of the marketing standards;

(b)Article 6(6) of the Commission Regulation;

(c)the requirement on exempted traders in Article 9(3) of the Commission Regulation.

Movement control noticeE+W

15.—(1) An authorised officer may serve a movement control notice on a person if that authorised officer is of the opinion that there has been or may have been a contravention of any of the marketing standards.

(2) A movement control notice is a notice—

(a)prohibiting the movement of bananas; or

(b)restricting the movement of bananas to a place approved by an authorised officer.

(3) When serving a movement control notice which restricts movement to an approved place, the officer must be of the opinion that—

(a)steps to remedy the contravention will be taken at that place; and

(b)the bananas will not be moved from that place until the movement control notice is either varied to provide for further movement or withdrawn.

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

(5) In addition to the information required for labels under regulation 12(a) to (d), a movement control notice must—

(a)state that the officer is of the opinion in paragraph (1);

(b)specify the matters constituting the contravention;

(c)specify why a movement control notice is necessary;

(d)specify the location of the bananas at the time the notice is served;

(e)specify the place approved under paragraph (2)(b), if appropriate, for the detention of the bananas;

(f)confirm that the authorised officer has discussed with the person appearing to be in control of the bananas the options for either—

(i)bringing the bananas, accompanying documents or labels into conformity with the marketing standards within a specified time;

(ii)the appropriate sale or disposal of the bananas within a specified time in such a manner that there shall be no contravention of these Regulations or the Commission Regulation;

(g)specify the period within which the steps required further to sub-paragraph (f) must be taken.

(6) An authorised officer must, upon a request in writing, withdraw the movement control notice where the officer is satisfied that—

(a)the bananas to which the movement control notice applies have been brought into conformity with the marketing standards; or

(b)the bananas to which the movement control notice applies will be sold or disposed of within the specified time in such a manner that there shall be no contravention of these Regulations or the Commission Regulation.

(7) An authorised officer’s withdrawal of a movement control notice must be in writing.

Content of noticesE+W

16.  A notice served under regulation 14(1) or regulation 15(1) must show the following information—

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

(b)the identity of the recipient of the notice;

(c)identification of the bananas, or lot of bananas, in relation to which the notice has been served;

(d)details of the right of review of the notice, including when and how it may be exercised and the contact details of persons to whom notice of exercise of the right must be given.

Service of noticesE+W

17.—(1) A notice under regulation 14(1) or regulation 15(1) must be served on the person who appears to the authorised officer to be in control of the bananas to which the notice relates.

(2) A notice must be in writing.

(3) Subject to regulation 15(7), an authorised officer may, in writing, at any time withdraw or vary a notice.

Right of review of noticesE+W

18.—(1) Subject to paragraph (2), a person served with a notice under regulation 14(1) or regulation 15(1) has a right to a review of the notice.

(2) A request for a review must be made in writing to the person indicated in the notice as soon as reasonably practicable, and in any event —

(i)for a person on whom the notice was served, within 48 hours from the time of service of the notice.

(ii)for a person referred to in regulation 15(4), within 48 hours from the time of the contents of the notice coming to that person’s attention or 96 hours from the time of service of the notice, whichever is the sooner.

(3) 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 notice.

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

(5) The authorised officer must—

(a)complete the review as soon as reasonably practicable and in any event within 48 hours of the request; and

(b)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 bananas, of the outcome, as soon as reasonably practicable.

(6) A notice is not suspended pending a review unless the authorised officer conducting the review decides otherwise.