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).