Safeguard measures
18.—(1) Where a risk identified in Article 15 applies in relation to a fertiliser covered by that Article, the Department may direct any person whom it considers to be in charge of the fertiliser to take such action for mitigation or elimination of the risk as is specified in the direction.
(2) A direction shall be given by notice served on the person in question.
(3) If the Department considers that—
(a)the direction should be given to a number of persons; and
(b)the most efficient way of bringing it quickly to their attention would be publicising it by other means,
the direction shall be given to them by publicising it by those other means.
(4) Any person who fails to comply with a direction given under this regulation shall be guilty of an offence unless the direction has been withdrawn.
(5) In any proceedings for an offence under paragraph (4) it shall be a defence for the person accused to show that—
(a)he was not in charge of the fertiliser; or
(b)he was not aware of the direction.