The Bananas (Enforcement of Quality Standards) (Scotland) Regulations 2011 (revoked)

Scottish Statutory Instrument 2011 No. 325 — creates 16 criminal offences.

16offences 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. 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 provide for the enforcement of the EU banana quality standards as provided for in Article 113 of Council Regulation (EC) No 1234/2007 (O.J. L299, 16.11.2007, p.1) establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation), and contained in Commission Regulation (EC) No. 2257/94 laying down quality standards for bananas (O.J. L245, 20.9.1994, p.6) as read with Commission Regulation (EC) 2898/95 concerning verification of compliance with quality standards for bananas (O.J. L304, 16.12.1995, p.17). These Regulations disapply (see regulation 21) in so far as they apply to Scotland the Agriculture and Horticulture Act 1964, the Horticultural Produce Act 1986 which modifies the 1964 Act, the Agricultural Produce (Grading and Marking) Acts 1928 and 1931 and the Agricultural Marketing Act 1958 from the EU banana quality standards. They designate the Scottish Ministers as competent national authority and inspection body in Scotland and provide for the Scottish Ministers to provide and request information and to appoint authorised officers (regulation3). The Regulations make the failure to comply with the EU banana quality standards an offence. They contain additional offences necessary for the effective enforcement of the EU banana quality standards (regulation 4 and Schedule1). The Regulations confer on authorised officer powers of entry (regulation 6) and other powers, including seizure powers (regulation 7) in relation to premises other than dwelling houses (regulation 5). They also contain powers to affix non compliance labels indicating various types of non-conformity with the EU quality standards for bananas (regulations 9, 10 and 11). These labels must contain the information set out in Schedule2 (Parts I and II). Regulation12 confers power on authorised officers to prohibit the movement of bananas and gives a right of review to those served with a written notice informing of the exercise of that power. Regulation13 confers power to affix a stop notice label warning of the exercise of power in regulation 12, which must contain the information set out in Schedule2 (Parts III and IV). Regulation14 makes provision for giving consent by authorised officers to the movement of controlled bananas where certain conditions are met. Regulations 15, 16, 17 and 19 respectively contain provisions on offences relating to controlled bananas, to the obstruction of an authorised officer, to the commission of an offence due to the fault of another person and to the commission of offences by bodies corporate etc. Regulation 18 provides for defences of acting with lawful authority or exercising due diligence and taking reasonable precautions. Regulation 20 provides that the penalty for offences is on summary conviction a fine not exceeding level 5 on the standard scale. 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

SCHEDULE 2 SCHEDULE 2 · Status not determined · Strict liability
SCHEDULE 2 SCHEDULE 2 · Status not determined · Strict liability
Requirement to serve a notice in terms of regulation 9 or 10 regulation 11(2) · Status not determined · Strict liability
Requirement to serve a notice in terms of regulation 9 or 10 regulation 11(2)(f) · Status not determined · Strict liability
1 A person is guilty of an offence if he or she moves controlled bananas or a container with controlled bananas in it,… regulation 15(1) · Status not determined · Strict liability
A person is guilty of an offence if he or she moves controlled bananas or a container with controlled bananas in it,… regulation 15(1) · Status not determined · Strict liability
A person, other than an authorised officer, is guilty of an offence if he or she removes or causes or permits to be… regulation 15(2) · Status not determined · Strict liability
Obstruction regulation 16 · Status not determined · Requires proof of a state of mind
A person is guilty of an offence if he or she markets bananas for supply fresh to the consumer in contravention of the… regulation 4(1) · Status not determined · Strict liability
A person is guilty of an offence if he or she fails to comply with any provision of Commission Regulation 2898/95… regulation 4(2) · Status not determined · Strict liability
Where— a an authorised officer has inspected bananas and found them not to be compliant with the EU banana quality… regulation 4(3) · Status not determined · Strict liability
A person is guilty of an offence if, in purporting to provide the information particulars required by the EU banana… regulation 4(4) · Status not determined · Strict liability
A person, other than an authorised officer, is guilty of an offence if he or she affixes, or causes or permits to be… regulation 4(5) · Status not determined · Strict liability
A person, other than an authorised officer, is guilty of an offence if he or she removes, conceals, defaces or alters,… regulation 4(6) · Status not determined · Strict liability
A person is guilty of an offence if he or she exports or imports any consignment of bananas to or from any place… regulation 4(7) · Status not determined · Strict liability
Powers of entry regulation 6(7) · 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