Offences penalties and enforcement
9.—(1) If any person contravenes regulation 3, 4, 5(4), 6, or 8 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.
(2) Subject to paragraphs (3) and (4), if any person contravenes a specified Community provision 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.
(3) A person shall be considered not to have contravened the first paragraph of Article 2.2 of Regulation 37/2005 if the requirements of Schedule 3 are complied with.
(4) A person shall be considered not to have contravened Article 2 of Regulation 37/2005 if—
(a)the offence which would otherwise have been committed was in respect of a cold store facility with a capacity of less than 10m3 used for storing stock in retail outlets; and
(b)the air temperature in the cold store is measured by an easily visible thermometer.
(5) Each district council shall execute and enforce these Regulations within its district.