Horticultural Produce Act 1986
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Change 1
4 Offences.
(1) Any person who, knowing produce to be controlled, knowingly— (a) moves it, or (b) causes it to be removed, without the written consent of an authorised officer shall be guilty of an offence. (2) Any person who, knowing produce to be controlled, knowingly— (a) removes from it, or (b) causes to be moved from it, a label which has been affixed under section 1(4) of this Act shall be guilty of an offence. (3) Any person who fails to comply with an undertaking given by him for the purposes of section 2 of this Act shall be guilty of an offence. (4) It shall be a defence— (a) for a person charged with any offence under this section, to prove that, when the power conferred by section 1(1) of this Act was exercised, no grading offence was being committed in respect of the produce concerned; (b) for a person charged with an offence under subsection (1) or (2) above, to prove that there was a reasonable excuse for the act or omission in respect of which he is charged; and (c) for a person charged with an offence under subsection (3) above, to prove that he took all reasonable precautions and exercised all due diligence to avoid the commission of such an offence. (5) A person guilty of an offence under this section shall be liable, on summary conviction, to a fine not exceeding level 5 on the standard scale.
4 Offences.
(1) Any person who, knowing produce to be controlled, knowingly— (a) moves it, or (b) causes it to be removed, without the written consent of an authorised officer shall be guilty of an offence. (2) Any person who, knowing produce to be controlled, knowingly— (a) removes from it, or (b) causes to be moved from it, a label which has been affixed under section 1(4) of this Act shall be guilty of an offence. (3) Any person who fails to comply with an undertaking given by him for the purposes of section 2 of this Act shall be guilty of an offence. (4) It shall be a defence— (a) for a person charged with any offence under this section, to prove that, when the power conferred by section 1(1) of this Act was exercised, no grading offence was being committed in respect of the produce concerned; (b) for a person charged with an offence under subsection (1) or (2) above, to prove that there was a reasonable excuse for the act or omission in respect of which he is charged; and (c) for a person charged with an offence under subsection (3) above, to prove that he took all reasonable precautions and exercised all due diligence to avoid the commission of such an offence. (5) A person guilty of an offence under this section shall be liable, on summary conviction, to a fine not exceeding level 5 on the standard scale.
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