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The Poultrymeat (Scotland) Regulations 2011

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This is the original version (as it was originally made).

Application of various provisions of the Food Safety Act 1990

This section has no associated Executive Note

21.—(1) The following provisions of the Food Safety Act 1990(1) apply for the purposes of these Regulations with the modifications specified in paragraph (2)—

(a)section 3 (presumptions that food intended for human consumption);

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

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

(d)section 29 (procurement of samples);

(e)section 30(8) (documentary evidence);

(f)section 44 (protection of officers acting in good faith); and

(g)section 46(1) (expenses of authorised officers).

(2) The modifications are—

(a)construe any reference in the provisions specified in paragraph (1) to the Food Safety Act 1990 (or a Part or section of that Act) as a reference to these Regulations;

(b)construe any reference in the provisions specified in paragraph (1) to an authorised officer, or an officer of an enforcement authority or food authority, as a reference to an authorised officer as defined in regulation 2(1) of these Regulations;

(c)in relation to section 29—

(i)in paragraph (b)(ii), construe the reference to section 32 as a reference to these Regulations; and

(ii)in paragraph (d), omit “or of regulations or orders made under it”;

(d)in relation to section 30(8)(a), omit “under subsection (6) above”; and

(e)in relation to section 44(2), (3) and (4), construe any reference to a food authority as a reference to an enforcement authority.

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