UK Offence Report

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

UK Statutory Instrument 2012 No. 947 — creates 2 criminal offences.

2offences created
0recorded in force
0revoked
Made
21 March 2012
In force from
11 May 2012
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, 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 in England and Wales of EU marketing standards for bananas set out in Commission Implementing Regulation (EU) No 1333/2011 laying down marketing standards for bananas, rules on the verification of compliance with those marketing standards and requirements for notifications in the banana sector (OJ No L 336, 20.12.2011, p 23). Annex I of the Commission Regulation sets out detailed requirements relating to quality, size, presentation and marking of bananas at the “un-ripened green stage” of marketing after preparation and packaging where the bananas are intended for supply fresh to the consumer. The marketing standards are applicable to bananas falling within CN code 0803 00, excluding plantains, fig bananas and bananas intended for processing, and apply to bananas originating in third countries at the stage of release for free circulation, to bananas originating in the EU at the stage of first landing at a Community port, and to bananas delivered fresh to the consumer in the producing region at the stage of leaving the packing shed. These Regulations designate the Secretary of State as the competent national authority for England and Wales and provide for the Secretary of State to provide information and to appoint authorised officers (regulation 3). Under regulation 4, it is an offence to fail to comply with Article 7 of the Commission Regulation, a written undertaking, a movement control notice or a warning notice. It is also an offence under that regulation to intentionally obstruct an authorised officer or to fail to give information or to give false information to an authorised officer. Regulation 5 sets out the maximum penalty for an offence under the Regulations. Regulation 6 provides authorised officers with powers to enter premises, other than dwellings, and with the power to apply for a warrant to enable entry (including to dwellings). Regulation 7 confers powers on authorised officers to enable inspections and effective enforcement including seizure powers and requires authorised officers to fulfil certain duties in relation to certain items seized. Regulations 8 to 11 confer powers on authorised officers to affix labels indicating various types of non-compliance with respect to the marketing standards. Regulation 12 prescribes certain information to be contained in those labels. Authorised officers are also given powers to accept written undertakings (regulation 13) and to issue warning notices and movement control notices - the latter to prohibit or restrict the movement of bananas (regulations 14 and 15). Regulations 16 and 17 detail requirements, including procedural requirements, relevant to notices. Regulation 18 provides a right of review to those served with a notice. Regulations 19 and 20 contain provisions relating to the commission of an offence due to the fault of another person and to the commission of offences by bodies corporate etc. Regulation 21 requires the Secretary of State to review the operation and effect of these Regulations and to publish a report within five years after the Regulations come into force and within every five years after that. Following a review it will fall to the Secretary of State to consider whether the Regulations should remain as they are, or be revoked or amended. A further instrument would be needed to revoke the Regulations or to amend them. Regulation 22 disapplies certain Acts in England and Wales in respect of bananas. A full impact assessment has not been produced for this instrument because the only impact which is foreseen is an impact on the public sector of not more than £5m and no political or media interest is foreseen.

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