The Food (Chilli and Chilli Products) (Emergency Control) (Scotland) Regulations 2004

Application of various provisions of the Food Safety Act 1990 and sampling and analysis

6.—(1) The following provisions of the Act shall apply for the purposes of these Regulations with the modification that any reference in those provisions to the Act or Part thereof shall be construed as a reference to these Regulations–

(a) section 20 (offences due to fault of another person);

(b) section 33 (obstruction etc. of officers);

(c) section 35(1) to (3) (punishment of offences), in so far as it relates to offences under section 33(1) and (2) as applied by sub–paragraph (b);

(d) section 36 (offences by bodies corporate);

(e) section 36A (offences by Scottish partnerships); and

(f) section 44 (protection of officers acting in good faith).

(2) Section 29 of the Act (procurement of samples) shall apply for the purposes of these Regulations with the modifications that–

(a) for “an enforcement authority” there shall be substituted “a food authority”;

(b) for subsection (b)(ii) there shall be substituted the following–

“(ii) is found by the authorised officer at any premises which that officer is authorised to enter by virtue of regulation 5(2)(b) of the Food (Chilli and Chilli Products) (Emergency Control) (Scotland) Regulations 2004;”;

(c) subsection (c) shall be omitted; and

(d) for “any of the provisions of this Act or of regulations or orders made under it” in subsection (d) there shall be substituted “the Food (Chilli and Chilli Products) (Emergency Control) (Scotland) Regulations 2004”.

(3) Section 30 (analysis etc. of samples) shall apply for the purposes of these Regulations with the modification that in subsection (1) for “An authorised officer of an enforcement authority who has procured a sample under section 29 above” there shall be substituted–

• “An authorised officer of a food authority who has procured a sample under section 29 above as applied for the purposes of the Food (Chilli and Chilli Products) (Emergency Control) (Scotland) Regulations 2004 by regulation 6(2) thereof”.

(4) Where a sample procured under section 29 of the Act as applied for the purposes of these Regulations by paragraph (2) has been analysed in accordance with the provisions of section 30 of the Act as applied by paragraph (3), the owner shall be entitled on request to be supplied with a copy of the certificate of analysis by the food authority.