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9. In regulation 44 (offences and penalties), for the words from paragraph (e) to the end there shall be substituted—
“(e)being a person other than whichever of—
(i)the manufacturer,
(ii)the packer, or
(iii)the seller established within the European Community,
who was originally responsible for so marking the food, removes or alters the appropriate durability indication relating to that food, or
(f)sells any food to which the labelling requirements of Regulation 1139/98 apply which is not marked or labelled with the GMO particulars, except in the case of any food to which regulation 36(4A) applies and in respect of which alternative particulars are displayed in accordance with regulation 36(4B),
he shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.”.
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