3. Subject to regulation 4, if any person –
(a)sells any food in respect of which the labelling requirements of Regulation 608/2004 apply and which is not labelled with the specified particulars, or
(b)sells any food which is not labelled in accordance with regulation 5, 6 or 7,
he shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.