The Meat Products (Hygiene) Regulations 1994

PART VIII PENALTIES AND ENFORCEMENT

Supervision and enforcement

19.—(1) Subject to paragraph (2) below, a food authority shall be responsible in its area for the supervision of establishments which fall within these Regulations (and shall accordingly be responsible through authorised officers for checks under Part IV of Schedule 2) and shall be responsible also for enforcing and executing these Regulations in relation to any such establishments.

(2) On 1st April 1995 the responsibilities mentioned in paragraph (1) above are transferred to the Minister, so far as they relate to combined premises.

(3) Accordingly, in these Regulations “enforcement authority”, in relation to any premises, means the authority that has those responsibilities by virtue of paragraph (1) or (2) above.

Offences and penalties

20.—(1) If—

(a) a person (other than an approval authority or enforcement authority) contravenes any provision of these Regulations; or

(b) the occupier of any establishment fails to take all reasonable steps to secure the compliance by any person employed by him or any person admitted to that establishment with any provision of these Regulations,

he shall be guilty of an offence and shall be liable—

(i) on summary conviction, to a fine not exceeding the statutory maximum; or

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

(2) No prosecution for such an offence shall commence after the expiry of—

(a) three years from the commission of the offence; or

(b) one year from its discovery by the prosecutor,

whichever is the earlier.

Application of various sections of Food Safety Act 1990

21.  The following provisions of the Act shall apply for the purposes of these Regulations as they apply for the purposes of section 8, 14 or 15 of the Act and, unless the context otherwise requires, any reference in them to the Act shall be construed as a reference to the Regulations—

• section 2 (extended meaning of “sale” etc.);

• section 3 (presumption that food is intended for sale for human consumption);

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

• section 21 (defence of due diligence);

• section 33 (obstruction, etc. of officers);

• section 36 (offences by bodies corporate);

• section 44 (protection of officers acting in good faith).

Information to be provided by food authorities

22.  Every food authority shall provide the Minister with such information relating to the execution of its duties under these Regulations as the Minister may from time to time require.