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SCHEDULE 4U.K.FACTORS TO BE TAKEN INTO ACCOUNT IN DETERMINING THE AMOUNT OF A PENALTY

PART 1U.K.Aggravating factors

1.  Seriousness of the non-compliance.U.K.

2.  Harm or potential harm to human health.U.K.

3.  Financial harm to consumers.U.K.

4.  Financial harm to competitors.U.K.

5.  Duration of non-compliance.U.K.

6.  Evidence of intention behind the non-compliance.U.K.

7.  History of non-compliance of the person (“P”) to whom the penalty notice is to be given.U.K.

8.  Financial gain made by P as a result of non-compliance.U.K.

9.  Financial resources of P.U.K.

10.  Size of P’s business.U.K.

11.  Availability of non-compliant product, including the number of retail shops in which it has been marketed.U.K.

12.  Where P is a retailer with a number of retail outlets, the number of retail outlets operated by them (whether or not there is evidence that the non-compliant product has been, or may have been, marketed in all of those outlets).U.K.

13.  The conduct of P after the non-compliance had come to the attention of the enforcement authority.U.K.

14.  Previous action taken by the enforcement authority to help P comply with the Regulations.U.K.