PART 3Enforcement of Regulation 178/2002
Offences, penalties and enforcement15
1
Any person who contravenes or fails to comply with any of the provisions of Regulation 178/2002 set out in paragraph (2) is guilty of an offence and liable–
a
in the case of paragraph (2)(a) and (b)–
i
on summary conviction to a term of imprisonment not exceeding 3 months or to a fine not exceeding the statutory maximum, or both; or
ii
on conviction on indictment to a term of imprisonment not exceeding 2 years or to a fine, or both;
b
in the case of paragraph (2)(c), (d) and (e) on summary conviction to a term of imprisonment not exceeding 3 months or to a fine not exceeding level 5 on the standard scale, or both.
2
The provisions referred to in paragraph (1) are–
a
Article 12 in so far as it relates to feed (export or re-export to third countries);
b
Article 15(1) (prohibition on the placing on the market or feeding to any food-producing animal of unsafe feed);
c
Article 16 in so far as it relates to feed (prohibition on misleading labelling, advertising or presentation);
d
Article 18(2) and (3) (requirements of traceability) in so far as relating to feed business operators;
e
Article 20 (responsibilities of feed business operators).
3
The competent authority for the purposes of Articles 15 and 18 of Regulation 178/2002 is the enforcement authority and for the purposes of Article 20 of that Regulation is the enforcement authority and the Agency.
4
In this regulation “feed” means feed for food-producing animals.