The Contaminants in Food (Scotland) Regulations 2010

Offences and penalties

This section has no associated Executive Note

3.—(1) Subject to the transitional arrangements contained in—

(a)Article 11 of Commission Regulation 1881/2006;

(b)Article 2 of Commission Regulation 629/2008; or

(c)Article 2 of Commission Regulation 165/2010,

a person who contravenes or fails to comply with any of the EU provisions specified in paragraph (2) is guilty of an offence.

(2) The EU provisions are—

(a)Article 1(1) of Commission Regulation 1881/2006 (prohibition on the placing on the market of foodstuffs containing contaminants in excess of prescribed limits contained in the Annex), as read with the Annex and, in the case of groundnuts, other oilseeds, tree nuts, dried fruit, rice and maize, with Article 4 of that Regulation;

(b)Article 3 of Commission Regulation 1881/2006 (prohibitions on use, mixing and detoxification); and

(c)Article 1(1) of Commission Regulation 124/2009 (prohibitions on marketing or mixing foods containing coccidiostats or histomonstats at levels in excess of prescribed limits).

(3) Anyone convicted of an offence under paragraph (1) is liable on summary conviction to a fine not exceeding level 5 on the standard scale.