SCHEDULEApplication and modification of the Order

Regulation 9

PART 1General

1

The following provisions of the Order apply for the purposes of these Regulations with the following modifications—

Article of the Order

Modification

Article 4 (presumptions that food intended for human consumption)

For “this Order” substitute “ the Fish Labelling Regulations (Northern Ireland) 2013 ”

Article 19 (offences due to fault of another person)

For “any of the preceding provisions of this Part”, substitute “ Article 9(2), as applied by regulation 4 of the Fish Labelling Regulations (Northern Ireland) 2013, or regulation 7 or 8 of those Regulations ”

Article 20 (defence of due diligence)

In paragraph (1), for “any of the preceding provisions of this Part” substitute “ Article 9(2), as applied by regulation 4 of the Fish Labelling Regulations (Northern Ireland) 2013, or regulation 6 or 7 of those Regulations ”

Omit paragraphs (2) to (4)

Article 29 (procurement of samples)

In paragraph (b)(ii), after “under Article 34”, insert “ as applied by regulation 9 of and the Schedule to the Fish Labelling Regulations (Northern Ireland) 2013 ”

Article 30(8) (which relates to documentary evidence)

Article 34 (obstruction etc of officers)

Article 36 (1) and (2) (punishment of offences)

In paragraph (1), after “Article 34(1)”, insert “ as applied by regulation 9 of, and the Schedule to, the Fish Labelling Regulations (Northern Ireland) 2013 ”

After paragraph (1), insert—

“(1A) A person guilty of an offence under Article 9(2), as applied by regulation 4 of the Fish Labelling Regulations (Northern Ireland) 2013, shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale. ”

In paragraph (2)—

(a) for “any other offence under this Order”, substitute “ an offence under Article 34(2) as applied by regulation 9 of, and the Schedule to, the Fish Labelling Regulations (Northern Ireland) 2013 ”;

(b) in paragraph (b), for “the relevant amount” substitute “ the statutory maximum ”

PART 2Powers of entry

1

For the purpose of enabling an authorised officer of an enforcement authority to ascertain whether there is, or has been, any contravention of a consumer information requirement or traceability requirement, Article 33 of the Order (powers of entry) is modified in its application to these Regulations as follows —

a

in paragraph (1)(a), after “made under it” insert “ , or of a consumer information requirement or a traceability requirement ”;

b

after paragraph (9), insert—

10

In this Article, “consumer information requirement” and “traceability requirement” have the meanings given by regulation 3(1) of the Fish Labelling Regulations (Northern Ireland) 2013.