S.I. No. 129/1977 - European Communities (Cut Flowers, Flowering Bulbs, and Ornamental Foliage) Regulations, 1977.

S.I. No. 129 of 1977.

EUROPEAN COMMUNITIES (CUT FLOWERS, FLOWERING BULBS, AND ORNAMENTAL FOLIAGE) REGULATIONS, 1977.

I, MARK CLINTON, Minister for Agriculture, in exercise of the powers conferred on me by section 3 of the European Communities Act, 1972 (No. 27 of 1972), for the purpose of giving effect to Council Regulation (EEC) No. 234/68 of 27 February, 1968, Council Regulation (EEC) No. 315/68 of 12th March, 1968, and Council Regulation (EEC) No. 316/68 of the said 12th day of March, hereby make the following regulations:

1. These Regulations may be cited as the European Communities (Cut flowers, Flowering Bulbs and Ornamental Foliage) Regulations, 1977, and shall come into operation on the 1st day of June 1977.

2. In these Regulations:

"authorised officer" means a person appointed by the Minister to be an authorised officer for the purposes of these Regulations;

"Regulation 234/68" means Council Regulation (EEC) No. 234/68 of 27 February, 1968; ⁽¹⁾

¹ OJ No. L55 of 2/3/1968.

"Regulation 315/68" means Council Regulation (EEC) No. 315/68 of 12th March, 1968; ⁽²⁾

² OJ No. L71 of 21/3/1968.

"Regulation No. 316/68" means Council Regulation (EEC) No. 316/68 of the said 12th day of March; ⁽³⁾

³ OJ No. L71 of 21/3/1968.

"Member State" means a Member State of the European Communities;

"the Minister" means the Minister for Agriculture.

"third country" means a country or territory other than a Member State.

3. These Regulations apply to any produce which is produce mentioned in Article 1 of Regulation 315/68 or in Article 1 of Regulation 316/68.

4. A person who displays or offers for or puts on sale, sells, supplies or otherwise markets, or exports or imports, or holds or transports any produce or product in contravention of Article 3 of Regulation 234/68 or Article 2 of Regulation 315/68 (as amended by Article 1 of Council Regulation (EEC) No. 338/77 (¹) of 14 February, 1977) or Article 2 of Regulation 316/68 shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding £200.

¹ OJ No. L48 of 19/2/1977.

5. A person who makes an offer to the public which contravenes Article 6 of Regulation 234/68 shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding £200.

6. (1) An authorised officer may at any reasonable time enter any premises in which he has reasonable grounds for believing that any books, records or other documents relating to any business to which this Article applies are kept and to require any person who appears to the officer to be, for the time being, in charge of the premises to produce to him any books, records, or other documents relating to any such business which are in the persons' possession or under his control and such person shall permit such officer to inspect and take extracts from such books, records or other documents and give to the officer any information which he may reasonably require in relation to any entries therein.

(2) In addition to the powers conferred by paragraph (1) of this Regulation, an authorised officer may at any reasonable time enter any premises in which he has reasonable grounds for believing that a business to which this Regulation applies is carried on and any such officer may examine the stock and take samples of anything which he believes to be produce to which these Regulations apply and which he finds in the course of his inspection.

(3) Where a sample is taken pursuant to this Regulation, the authorised officer concerned shall—

(a) notify forthwith the person appearing to him to be in charge for the time being of the premises in which the sample is taken, and

(b) if so required by such person at the time of the giving of the notification, take a second sample, which shall be like the sample already so taken, and mark and leave it with such person,

and in case a second sample is left pursuant to a requirement under this Regulation, the person making the requirement may cause the sample to be tested, examined or analysed.

(4) Any person who obstructs or interferes with an authorised officer in the course of exercising a power conferred on him under this Regulation shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding £50.

(5) The Minister shall furnish an authorised officer with a certificate of his appointment and, when exercising any powers conferred by these Regulations, the officer shall if requested by any person affected, produce the certificate to that person.

(6) This Regulation applies to the following businesses, namely;

(a) the business of selling, supplying or otherwise marketing any produce mentioned in Article 1 of Regulation 315/68, and

(b) the business of selling by wholesale or of importing, exporting any produce mentioned in Article 1 of Regulation 316/68.

7. (1) Where a sample is taken pursuant to these Regulations by any authorised officer and is found on official examination not to comply with a requirement of Regulation 315/68 or Regulation 316/68, then the Minister may require that the produce shall be destroyed or otherwise disposed of in such manner as the Minister shall determine.

(2) In case the Minister makes a requirement under this Regulation the following provisions shall apply;

(a) he shall inform in writing of the requirement the person who is in possession or control of the produce to which the requirement relates,

(b) where such person is so informed, pending the disposal of such produce in accordance with the requirement, the produce shall be moved only with the consent of an authorised officer, and

(c) such person shall dispose of the produce, or cause or permit it to be disposed of, only in accordance with the requirement.

8. If any person fraudently,

(a) tampers with any produce which is produce to which these Regulations apply so as to procure that any sample of the produce taken under these Regulations does not correctly represent it, or

(b) tampers or interferes with any sample taken under these Regulations,

he shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding £200 or, at the discretion of the court, to imprisonment for a term not exceeding six months.

9. An offence under these Regulations may be prosecuted by the Minister.

GIVEN under my Official Seal, this 6th day of May, 1977.

MARK CLINTON,

Minister for Agriculture.

EXPLANATORY NOTE.

The Regulations supplement the provisions in the EEC Regulations relating to the application of quality standards for flowering bulbs, corms, tubers, fresh cut flowers and fresh ornamental foliage, by providing the necessary powers for authorised officers and by prescribing penalties for offences.