Application of provisions of the Act4

1

Section 10(1) and (2) of the Act (improvement notices) applies, with the modification (in the case of section 10(1)) specified in Part 1 of Schedule 2, for the purposes of—

a

enabling an improvement notice to be served on a person requiring that person to secure compliance with any specified EU law requirement; and

b

making a failure to comply with a notice referred to in sub-paragraph (a) an offence.

2

Section 32(1) to (8) of the Act10 (powers of entry) applies, with the modifications (in the case of section 32(1)) specified in Part 2 of Schedule 2, for the purposes of enabling an authorised officer of an enforcement authority—

a

to exercise a power of entry to ascertain whether food that does not comply with a specified EU law requirement is, or has been, sold; and

b

to exercise a power of entry to ascertain whether there is any evidence of any contravention of a specified EU law requirement.

3

Section 35 of the Act (punishment of offences) applies, with the modifications specified in Part 3 of Schedule 2, for the purpose of specifying the punishment of an offence committed under section 10(2) as applied by paragraph (1)(b).

4

Section 37 of the Act (appeals) applies, with the modifications specified in Part 4 of Schedule 2, for the purpose of enabling a person to appeal a decision to serve a notice referred to in paragraph (1)(a).

5

Section 39 of the Act (appeals against improvement notices) applies, with the modifications (in the case of section 39(1) and (3)) specified in Part 5 of Schedule 2, for the purpose of dealing with appeals against a decision to serve a notice referred to in paragraph (1)(a).

6

The provisions of the Act specified in paragraph (7) (“the paragraph (7) provisions”) apply, with the modifications specified in Part 6 of Schedule 2, for the purposes of these Regulations insofar as they relate to the provisions of the Act specified in and modified by paragraphs (1) to (5).

7

The provisions of the Act specified for the purposes of this paragraph are—

a

section 3 (presumptions that food intended for human consumption);

b

section 20 (offences due to fault of another person);

c

section 2111 (defence of due diligence);

d

section 22 (defence of publication in the course of business);

e

section 29 (procurement of samples);

f

section 3012 (analysis etc. of samples);

g

section 3313 (obstruction etc. of officers);

h

section 36 (offences by bodies corporate);

i

section 36A14 (offences by Scottish partnerships);

j

section 44 (protection of officers acting in good faith);

k

section 53 (general interpretation);

and any reference in the paragraph (7) provisions to a section of the Act, including a reference to “any of the preceding provisions of this Part”, is to be read as a reference to such sections of the Act that apply by virtue of, and with the modifications made by, these Regulations.