The Feed (Hygiene and Enforcement) (Scotland) Regulations 2005

Offences and penalties

This section has no associated Executive Note

5.—(1) Any person who contravenes or fails to comply with any of the provisions of Regulation 183/2005 set out in paragraph (2) is guilty of an offence and liable–

(a)in the case of paragraph (2)(d), (e), (g), (h), (i) and (j)–

(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)(a), (b), (c), and (f), 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 5(1), (2), (3), (5) and (6) (specific obligations);

(b)Article 6(1), as read with (2) and (3) (HACCP system);

(c)Article 7(1) (documents concerning the HACCP system);

(d)Article 9(2) (official controls, notification and registration);

(e)Article 11 (prohibition on operating without approval or registration);

(f)Article 17(2) (exemption from on–site visits);

(g)Article 18(3) (declaration of compliance);

(h)Article 23(1) (conditions relating to imports);

(i)Article 24 (interim measures regarding third country establishments);

(j)Article 25 (feed produced for export to third countries).