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PART 2Enforcement of Regulation 183/2005

Offences and penalties

5.—(1) Any person who contravenes any of the specified provisions of Regulation 183/2005 set out in paragraph (2) is guilty of an offence and liable—

(a)in the case of sub-paragraphs (d), (e), (g), (h), (i) and (j) of paragraph (2)—

(i)on summary conviction to a term of imprisonment not exceeding three months or to a fine not exceeding the statutory maximum, or both, or

(ii)on conviction on indictment to a term of imprisonment not exceeding two years or to a fine, or both;

(b)in the case of sub-paragraphs (a), (b), (c), and (f) of paragraph (2), on summary conviction to a term of imprisonment not exceeding three months or to a fine not exceeding level 5 on the standard scale, or both.

(2) The specified provisions referred to in paragraph (1) are—

(a)Article 5(1), (2), (3), (5) and (6) (specific obligations);

(b)Article 6(1), as read with (2) and (3) (HACCP system);

(c)Article 7(1) (documents concerning the HACCP system);

(d)Article 9(2) (official controls, notification and registration);

(e)Article 11 (prohibition on operating without approval or registration);

(f)Article 17(2) (exemption from on-site visits);

(g)Article 18(3) (declaration of compliance);

(h)Article 23(1) (conditions relating to imports);

(i)Article 24 (interim measures regarding third country establishments);

(j)Article 25 (feed produced for export to third countries).