Offences and Penalties
5.—(1) Subject to the derogation contained in Article 1(3) (relating to trade marks etc) and to the transitional measures contained in Article 28, any person who contravenes or fails to comply with the provisions of the Regulation specified in paragraph (2) is guilty of an offence and liable–
(a)on conviction on indictment to a term of imprisonment not exceeding 2 years or to a fine or both;
(b)on summary conviction to a term of imprisonment not exceeding 3 months or to a fine not exceeding the statutory maximum or both.
(2) The specified provisions are–
(a)Article 3 (general requirements relating to all claims);
(b)Article 4(3) (restrictions on claims that may be made on alcoholic beverages);
(c)Article 6(2) (requirement for justification of claims);
(d)Article 7 (requirements for nutrition information);
(e)Article 8(1) (requirements for nutrition claims);
(f)Article 9 (requirements for comparative claims);
(g)Article 10(1), (2) and (3) (requirements for health claims);
(h)Article 12 (prohibition of certain health claims); and
(i)Article 14(2) (requirements for reduction of disease risk claims).