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Food Safety Act 1990

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Food Safety Act 1990, Section 34 is up to date with all changes known to be in force on or before 31 October 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

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34 Time limit for prosecutions.E+W+S

No prosecution for an offence under this Act which is punishable under [F1section 35(2)] [F1 section 35(A1), (A2) or (2) ] below shall be begun after the expiry of—

(a)three years from the commission of the offence; or

(b)one year from its discovery by the prosecutor,

whichever is the earlier.

Textual Amendments

F1Words in s. 34 substituted (S.) (1.4.2015) by Food (Scotland) Act 2015 (asp 1), s. 63(2), sch. para. 3(5) (with s. 62); S.S.I. 2015/99, art. 2

Modifications etc. (not altering text)

C1S. 34 applied (with modifications) (1.1.1993 for certain purposes and 15.1.1993 otherwise) by S.I. 1992/3163, regs. 1, 18(1) (which S.I. was revoked (29.4.1998) by S.I. 1998/994, reg. 59(1), Sch. 5)

S. 34 applied (with modifications) (1.1.1993 for certain purposes and 15.1.1993 otherwise) by S.I. 1992/3164, regs. 1, 19(1) (which S.I. was revoked (29.4.1998) by S.I. 1998/994, reg. 59(1), Sch. 5)

S. 34 applied (14.7.1993) by S.I. 1993/1520, reg. 2(5)

S. 34 applied (with modifications) (15.9.1995) by S.I. 1995/1763, reg. 7(g)

S. 34 applied (with modifications) (15.9.1995) by S.I. 1995/2200, reg. 18

S. 34 applied (with modifications) (17.11.1997) by S.I. 1997/2537, reg. 9

S. 34 applied (with modifications) (29.4.1998) by S.I. 1998/994, reg. 55(1)(f)

C3S. 34 applied (with modifications) (15.11.2004) by Genetically Modified Food (Scotland) Regulations 2004 (S.S.I. 2004/432), regs. 1(1), 6(2)

C5S. 34 applied (with modifications) (1.1.2005) by General Food Regulations 2004 (S.I. 2004/3279), regs. 1, 7(4)

C15S. 34 applied (with modifications) (1.10.2007) by Nutrition and Health Claims (Wales) Regulations 2007 (S.I. 2007/2611), regs. 1, 6(g)

C16S. 34 applied (with modifications) (1.10.2007) by Nutrition and Health Claims (England) Regulations 2007 (S.I. 2007/2080), regs. 1, 6(g)

C23S. 34 applied (with modifications) (20.1.2011) by The Flavourings in Food (Wales) Regulations 2010 (S.I. 2010/2922), regs. 1, 5(4)

C33S. 34 power to apply in part for certain purposes conferred (1.4.2015) by Food (Scotland) Act 2015 (asp 1), ss. 49(2)(c)(vi), 63(2) (with s. 62); S.S.I. 2015/99, art. 2

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