Application of provisions of the Act4

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) F1applies 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.

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 M1 (defence of due diligence);

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 M2 (offences by Scottish partnerships);

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.