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The Food (Northern Ireland) Order 1989

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The Marketing of Milk Products Act (Northern Ireland) 1958 (c. 31)

3.  In section 7—

(a)in subsection (3) for “and Drugs Act (Northern Ireland) 1958” substitute “(Northern Ireland) Order 1989”;

(b)for subsection (5) substitute the following subsection—

(5) Article 58 of the Food (Northern Ireland) Order 1989 (pleading of warranty as defence) shall have effect in relation to aprosecution for an offence committed by reason of a contravention of sub-section (2), and Article 59 of that Order (offences in relation to warranties) shall have effect in relation to any warrantywhich, by virtue of this sub-section, is or might be pleaded as a defence in any prosecution under sub-sections (2) and (4), as they have effect in relation to prosecutions or warranties under that Order, as if—

(a)subject to paragraph (b), any reference in those Articles to that Order were a reference to sub-sections (2) and (4);

(b)the references in Article 59(1) and (2) to an offence under that Order were references to an offence against this Act;

(c)in Article 58(1), for “, exposing or advertising” there were substituted “or exposing” and after “for the purpose of sale” there were inserted “or delivery”;

(d)paragraph (2)(c) of Article 58 were omitted..

4.  In section 15(1A), for “section 22(2A) of the Food and Drugs Act (Northern Ireland) 1958” substitute “Article 29(3) of the Food (Northern Ireland) Order 1989”.

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