The Marking of Retail Goods Regulations 2025
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3 Power of the Secretary of State to specify which retail goods are to be individually marked
(1) This paragraph applies where the Secretary of State, after consultation with the Welsh Ministers and the Scottish Ministers, determines that the availability to consumers of certain retail goods in Northern Ireland is, or is likely to be, seriously adversely affected by relevant business operators, in respect of those goods, withdrawing from supplying those goods to Northern Ireland as a result of labelling requirements imposed by the SPS Regulation. (2) Where paragraph (1) applies, the Secretary of State must issue a notice (a “marking notice”) requiring that the retail goods specified in the notice bear an individual marking when they are first placed on the market. (3) When reaching a determination referred to in paragraph (1), the Secretary of State may have regard to— (a) trade flows or trade patterns; (b) the resilience of the supply chains supporting the supply of retail goods to Northern Ireland; (c) advice from the Independent Monitoring Panel; (d) any other data or information that the Secretary of State considers relevant to the decision to issue a marking notice under paragraph (2).
3 Power of the Secretary of State to specify which retail goods are to be individually marked
(1) This paragraph applies where the Secretary of State, after consultation with the Welsh Ministers and the Scottish Ministers, determines that the availability to consumers of certain retail goods in Northern Ireland is, or is likely to be, seriously adversely affected by relevant business operators, in respect of those goods, withdrawing from supplying those goods to Northern Ireland as a result of labelling requirements imposed by the SPS Regulation. (2) Where paragraph (1) applies, the Secretary of State must issue a notice (a “marking notice”) requiring that the retail goods specified in the notice bear an individual marking when they are first placed on the market. (3) When reaching a determination referred to in paragraph (1), the Secretary of State may have regard to— (a) trade flows or trade patterns; (b) the resilience of the supply chains supporting the supply of retail goods to Northern Ireland; (c) advice from the Independent Monitoring Panel; (d) any other data or information that the Secretary of State considers relevant to the decision to issue a marking notice under paragraph (2).
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