PART 3Enforcement of Regulation 178/2002

Offences, penalties and enforcement15

1

Any person who contravenes any of the specified provisions of Regulation 178/2002 set out in paragraph (2) is guilty of an offence and liable—

a

in the case of paragraph (2)(a) and (b)—

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)(c), (d) and (e) 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 12 in so far as it relates to feed (export or re-export to third countries);

b

Article 15, paragraph 1 (prohibition on the placing on the market or feeding to any food-producing animal of unsafe feed);

c

Article 16 in so far as it relates to feed (prohibition on misleading labelling, advertising or presentation);

d

Article 18, paragraphs 2 and 3 (requirements of traceability) in so far as it relates to feed business operators;

e

Article 20 (responsibilities of feed business operators).

3

The competent authority for the purposes of Articles 15 and 18 is the enforcement authority and for the purposes of Article 20 is the enforcement authority or the Agency.

4

In this regulation “feed” means feed for food-producing animals.