PART IIIAPPLICATION OF PROVISIONS OF THE ACT

Application of sections of the Food Safety Act

5.—(1) After regulation 2 of the Regulations specified in Schedule 5 there shall be inserted the following regulation—

“Application of sections 2, 3, 20, 21, 30(8), 33, 36 and 44 of the Act

2A.  The following provisions of the Act shall apply for the purposes of these Regulations as they apply for the purposes of section 8, 14 or 15 of the Act and unless the context otherwise requires any reference in them to the Act shall be construed as a reference to these Regulations—

  • section 2 (extended meaning of “sale” etc.);

  • section 3 (presumption that food intended for human consumption);

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

  • section 21 (defence of due diligence);

  • section 30(8) (which relates to documentary evidence);

  • section 33 (obstruction etc. of officers);

  • section 36 (offences by bodies corporate); and

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

(2) The provisions of the Regulations (if any) specified in column 3 of Schedule 5 shall cease to have effect.

(3) After regulation 2 of the Regulations specified in Schedule 6 there shall be inserted the following regulation—

“Application of sections 2, 3, 20, 21, 22, 30(8), 33, 36 and 44 of the Act

2A.  The following provisions of the Act shall apply for the purposes of these Regulations as they apply for the purposes of section 8, 14 or 15 of the Act and unless the context otherwise requires any reference in them to the Act shall be construed as a reference to these Regulations—

  • section 2 (extended meaning of “sale” etc.);

  • section 3 (presumption that food intended for human consumption);

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

  • section 21 (defence of due diligence);

  • section 22 (defence of publication in the course of business);

  • section 30(8) (which relates to documentary evidence);

  • section 33 (obstruction etc. of officers);

  • section 36 (offences by bodies corporate); and

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

(4) The provisions of the Regulations specified in column 3 of Schedule 6 shall cease to have effect.