PART 4Miscellaneous provisions

Application of various Articles of the Order20

1

The following provisions of the Order shall apply for the purposes of these Regulations with the modifications specified in paragraph (2)—

  • Article 4 (presumptions that food intended for human consumption);

  • Article 19 (offences due to fault of another person);

  • Article 20 (defence of due diligence);

  • Article 29 (procurement of samples);

  • Article 30(8) (documentary evidence);

  • Article 3323 (powers of entry);

  • Article 43 (protection of officers acting in good faith);

  • Article 45 (expenses of authorised officers); and

2

The modifications are—

a

construe any reference in the provisions specified in paragraph (1) to the Order (or a Part of the Order) as a reference to these Regulations, and also, in relation to Article 33(1)(a), construe the reference to “the provisions of this Order” as a reference to the provisions mentioned in Schedules 2 and 3;

b

construe any reference in the provisions specified in paragraph (1) to an authorised officer, or an officer of an enforcement authority or district council, as a reference to an authorised officer as defined in regulation 2(1) of these Regulations;

c

in relation to Article 19, construe the reference to the Article as including a reference to that Article as applied to these Regulations by paragraph (1);

d

in relation to Article 20(2), replace the words “Article 13 or 14” with the words “these Regulations”;

e

in relation to Article 29—

i

in paragraph (b)(ii), construe the reference to Article 33 as including a reference to Article 33 as applied to these Regulations by paragraph (1); and

ii

in paragraph (d), omit the words “or of regulations or orders made under it”;

f

in relation to Article 30(8)(a), omit the words “under paragraph (6)”;

g

in relation to Article 33—

i

in paragraph (1)(a), omit the words “, or of regulations or orders made under it”;

ii

in paragraph (5), construe the reference to the Article as including a reference to that Article as applied to these Regulations by paragraph (1);

iii

in paragraph (6), construe the reference to the Article as including a reference to that Article as applied to these Regulations by paragraph (1) and construe the reference to “a food business” as including a hatchery;

iv

in paragraph (7)(a), omit the words “or of regulations or orders made under it”; and

v

in paragraph (8), construe the reference to the Article as including a reference to that Article as applied to these Regulations by paragraph (1).