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5.—(1) Any person who contravenes or fails to comply with any of the specified provisions of Regulation 183/2005 set out in paragraph (2) is guilty of an offence and liable —
(a)in the case of sub–paragraphs (d), (e), (g), (h), (i) and (j) of paragraph (2) —
(i)on summary conviction to a term of imprisonment not exceeding three months or to a fine not exceeding the statutory maximum, or both, or
(ii)on conviction on indictment to a term of imprisonment not exceeding two years or to a fine, or both;
(b)in the case of sub–paragraphs (a), (b), (c), and (f) of paragraph (2), on summary conviction to a term of imprisonment not exceeding three months or to a fine not exceeding level 5 on the standard scale, or both.
(2) The specified provisions referred to in paragraph (1) are —
(a)Article 5(1), (2), (3), (5) and (6) (specific obligations);
(b)Article 6(1), as read with (2) and (3) (HACCP system);
(c)Article 7(1) (documents concerning the HACCP system);
(d)Article 9(2) (official controls, notification and registration);
(e)Article 11 (prohibition on operating without approval or registration);
(f)Article 17(2) (exemption from on–site visits);
(g)Article 18(3) (declaration of compliance);
(h)Article 23(1) (conditions relating to imports);
(i)Article 24 (interim measures regarding third country establishments);
(j)Article 25 (feed produced for export to third countries).
Explanatory Memorandum sets out a brief statement of the purpose of a Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Statutory Instrument accessible to readers who are not legally qualified accompany any Statutory Instrument or Draft Statutory Instrument laid before Parliament from June 2004 onwards.
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