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The Ceramic Articles in Contact with Food (Scotland) Regulations 2006

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Application of the Food Safety Act 1990

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7.  The following provisions of the Food Safety Act 1990 apply for the purposes of these Regulations, with reference in those provisions to the Act or a Part of it being construed as a reference to these Regulations—

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

(b)section 21(1), (5) and (6) (defence of due diligence);

(c)section 33 (obstruction etc of officers);

(d)section 34 (time limit for prosecutions), with the modification that—

(i)the time limit referred to in section 34(b) shall be 1 year from the date on which evidence sufficient in the opinion of the prosecutor to warrant proceedings came to the knowledge of the prosecutor; and

(ii)the reference to section 35(2) shall be construed as a reference to regulation 6 of these Regulations;

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

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

(g)section 36A(1) (offences by Scottish partnerships); and

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

(1)

Section 36A was inserted by the 1999 Act, section 40(1) and Sch. 5, para. 16.

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