Offences, penalties and enforcement
3.—(1) Any person who contravenes any of the specified provisions of Regulation (EC) No. 178/2002 set out in paragraph (2) shall be guilty of an offence and liable –
(a)in the case of paragraph (2)(a) –
(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 paragraph (2)(b), (c) and (d) on summary conviction to a term of imprisonment not exceeding three months or to a fine not exceeding level five on the standard scale, or both.
(2) The specified provisions referred to in paragraph (1) are –
(a)Article 15, paragraph 1 (prohibition on the placing on the market or feeding to any food-producing animal of unsafe feed);
(b)Article 16 (prohibition on misleading labelling, advertising or presentation of feed);
(c)Article 18, paragraphs 2 and 3 (requirements of traceability) in so far as it relates to feed business operators;
(d)Article 20 (responsibilities of feed business operators).
(3) The Department shall, within its area, enforce and execute the provisions of these Regulations and the provisions of Regulation 178/2002 specified in paragraph (2).
(4) The competent authority for the purposes of Articles 15 and 18 shall be the Department and for the purposes of Article 20 shall be the Department and the Food Standards Agency.