The Marketing of Horticultural Produce (Scotland) Amendment Regulations 2011

Scottish Statutory Instrument 2011 No. 324 — creates 4 criminal offences.

4offences created

0recorded in force

0revoked

Made: 7 September 2011
In force from: 10 October 2011
Extent: Not stated
Subject: Food, consumer protection, trading standards, product safety and age-restricted sales
Made under: (EC) No 1234/2007, (EC) No. 178/2002, European Communities Act 1972, Food Safety Act 1990, Schedule 2 to, the European Communities Act 1972

Explanatory note

(This note is not part of the Regulations) — published with the instrument by the department that made it. © Crown copyright, reused under the Open Government Licence v3.0.

These Regulations implement Commission Implementing Regulation (EU) No543/2011 laying down detailed rules for the application of Council Regulation (EC) No1234/2007 in respect of the fruit and vegetables and processed fruit and vegetables sector (O.J.L157, 15.6.2011, p.1) (“the EU Regulation”) in Scotland. The EU Regulation consolidated with amendments Commission Regulation (EC) No1580/2007 laying down implementing rules of Council Regulations (EC) No 2200/96, (EC) No 2201/96 and (EC) No 1182/2007 in the fruit and vegetable sector (O.J.L350, 31.12.2007, p.1). Regulations 3, 4, 9 and 16 amend the Marketing of Horticultural Produce (Scotland) Regulations 2009 (“the principal Regulations”) to update the necessary references to the EU Regulation. In addition, regulations 6 and 7 amend regulations 10 and 11 of the principal Regulations to provide for a right of review in relation to stop notices controlling the movement of horticultural produce. Regulation15 also amends Part III of Schedule 1 to the principal Regulations, to adjust the wording required to be contained in stop notice labels. Regulations 5, 8 and 10 to 14 update the principal Regulations in line with current drafting practice. No Business and Regulatory Impact Assessment has been prepared for this instrument as it has no impact on the cost of business in Scotland.

Offences created by this instrument

A person is guilty of an offence if he or she moves controlled horticultural produce or a container with controlled… regulation 11 · Status not determined · Strict liability
A person is guilty of an offence if he or she moves controlled horticultural produce or a container with controlled… regulation 11(a) · Status not determined · Strict liability
Provision of information – trader database regulation 15A(2) · Status not determined · Strict liability
Provision of information – conformity checks regulation 15B(2) · Status not determined · Strict liability

What Parliament said about it

Hansard was searched for this instrument by name and returned nothing. That is the ordinary outcome: an instrument laid under the negative procedure is usually never debated, and becomes law without a word said about it in either House.

How Parliament handled it

Parliament's Statutory Instruments service records procedure from May 2017 onwards, and this instrument predates it. That is a limit of the source, not a statement that nothing happened.

Check the source

This instrument on legislation.gov.uk The authoritative text, including amendments made since
Other instruments from 2011