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The Beef Bones (Scotland) Regulations 1999

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Offences and penalties

8.—(1) An occupier of food premises shall take all practicable steps to secure compliance by each of his employees with the provisions of these Regulations which apply to those premises.

(2) If any person contravenes–

(a)paragraph (1) above; or

(b)any other provision of these Regulations,

he shall be guilty of an offence and liable–

(i)on summary conviction, to a fine not exceeding the statutory maximum or to imprisonment for a term not exceeding six months or to both; or

(ii)on conviction on indictment, to a fine or to imprisonment for a term not exceeding two years or to both.

(3) Proceedings for an offence under any of the provisions mentioned in paragraph (2) above may, subject to paragraph (4) below, be commenced within the period of six months from the date on which evidence sufficient in the opinion of the prosecutor to warrant the proceedings came to his knowledge.

(4) No such proceedings shall be begun more than three years after the commission of the offence.

(5) For the purposes of this regulation–

(a)a certificate signed by or on behalf of the prosecutor and stating the date on which evidence sufficient in his opinion to warrant the proceedings came to his knowledge shall be conclusive evidence of that fact; and

(b)a certificate stating that matter purporting to be so signed shall be deemed to be so signed unless the contrary is proved.

(6) Section 136(3) of the Criminal Procedure (Scotland) Act 1995(1) (date of commencement of proceedings) shall apply for the purposes of this regulation as it applies for the purposes of that section.

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