4 Application of provisions of the Act
1 Section 10 of the Act (improvement notices) applies in relation to the enforcement of a specified EU requirement for the purposes of these Regulations, with the modifications specified in Part 1 of Schedule 2.
2 Section 32 of the Act (powers of entry) applies in relation to the enforcement of a specified EU requirement for the purposes of these Regulations with the modifications specified in Part 2 of Schedule 2.
3 Section 35 of the Act (punishment of offences) applies in relation to the enforcement of a specified EU requirement for the purposes of these Regulations with the modifications specified in Part 3 of Schedule 2.
4 Section 37(1), (3), (5) and (6) of the Act (appeals) applies to an improvement notice served in relation to a specified EU requirement with the modifications specified in Part 4 of Schedule 2.
5 Section 39 of the Act (appeals against improvement notices) applies to an appeal against an improvement notice served in relation to a specified EU requirement with the modifications specified in Part 5 of Schedule 2.
Words in reg. 4(5) substituted (1.3.2017) by The Food for Specific Groups (Information and Compositional Requirements) (England) (Amendment) Regulations 2017 (S.I. 2017/62), regs. 1(3), 2
6 The provisions of the Act specified in paragraph (7) apply in relation to the enforcement of a specified EU requirement for the purposes of these Regulations, insofar as they relate to the provisions of the Act specified in and modified by paragraphs (1) to (5).
7 The provisions of the Act specified for the purposes of this paragraph are—
(a) section 3 (presumptions that food intended for human consumption);
(b) section 20 (offences due to fault of another person);
(c) section 21 (defence of due diligence);
Section 21(2) was amended by S.I. 2004/3279.
(d) section 22 (defence of publication in the course of business);
(e) section 29 (procurement of samples);
(f) section 30(8) (which relates to evidence of certificates given by a food analyst or examiner);
(g) section 33 (obstruction etc. of officers);
(h) section 36 (offences by bodies corporate);
(i) section 36A (offences by Scottish partnerships);
Section 36A was inserted by paragraph 16 of Schedule 5 to the Food Standards Act 1999 (c. 28).
(j) section 44 (protection of officers acting in good faith);
and any reference in those provisions to a section of the Act, including a reference to “any of the preceding provisions of this Part”, is to be read as a reference to such sections of the Act that apply by virtue of, and with the modifications made by, these Regulations.