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The Contaminants in Food (Wales) Regulations 2003

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7.—(1) The following provisions of the Act shall apply for the purposes of these Regulations with the modification that any reference in those provisions to the Act or Part thereof shall be construed as a reference to these Regulations —

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

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

(c)section 21 (defence of due diligence), as it applies for the purposes of section 8, 14 or 15;

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

(e)section 33(1) (obstruction etc. of officers);

(f)section 33(2), with the modification that the reference to “any such requirement as is mentioned in subsection (1)(b) above” shall be deemed to be a reference to any such requirement as is mentioned in section 33(1)(b) as applied by sub-paragraph (e);

(g)section 35(1) (punishment of offences), in so far as it relates to offences under section 33(1) as applied by sub-paragraph (e);

(h)section 35(2) and (3), insofar as it relates to offences under section 33(2) as applied by sub-paragraph (f);

(i)section 36 (offences by bodies corporate); and

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

(2) Subject to paragraph (3), section 9 of the Act (inspection and seizure of suspected food) shall apply for the purposes of these Regulations as if it read as follows —

(a)In subsection (1) —

(i)after the words “food authority” there shall be inserted the words “or a port health authority”,

(ii)for the words “has been sold or is offered or exposed for sale” there shall be inserted the words “has been placed on the market”,

(iii)for the words “sale or of preparation for sale” there shall be inserted the words “placing it on the market”,

(iv)the reference to subsections (3) to (9) shall be deemed to be a reference to subsections (3) to (8) as applied by this regulation, and

(v)for the words “any food fails to comply with food safety requirements” there shall be substituted “the placing on the market of any food contravenes regulation 3(1)(a)(i) or (b)(i) of the Contaminants in Food (Wales) Regulations 2003”;

(b)Subsection (2) shall not apply for the purposes of this regulation;

(c)In subsection (3) —

(i)for the words in paragraph (a) “not to be removed except to some place specified in the notice” there shall be substituted the words “ to be removed to a place at which there are facilities to carry out the sampling required by Directive 98/53/EC, Directive 2001/22/EC, Directive 2002/26/EC or Directive 2002/69/EC, as appropriate”, and

(ii)after the words “guilty of an offence” there shall be inserted the words “and liable on summary conviction to a fine not exceeding level 5 on the standard scale”;

(d)in subsections (4) and (6) for the words “food safety requirements” there shall be substituted the words “the requirements of regulation 3(1)(a)(i) or (b)(i) of the above Regulations”;

(e)in each of subsections (4) and (7), the reference to subsection (3) shall be deemed to be a reference to that subsection as applied by this regulation;

(f)in subsection (5) —

(i)the reference to subsections (3) and (4) shall be deemed to be a reference to those subsections as applied by this regulation;

(ii)the reference to section 7 or 8 shall be deemed to be a reference to regulation 3(1)(a)(i) or (b)(i) of these Regulations; and

(iii)in paragraph (b) for the words “is charged with an offence under that section in relation to that food” there shall be substituted the words “is proceeded against for an offence consisting of a contravention of regulation 3(1)(a)(i) or (b)(i) of the above regulations in relation to that food”;

(g)in subsection (7), after the words “food authority” there shall be inserted the words “or, as the case may be, port health authority”;

(h)in subsection (8) the reference to subsection (7) shall be deemed to be a reference to that section as applied by this regulation.

(3)  The expressions “authorised officer”, “food authority”, “port health authority”, “human consumption”, “placing on the market”, “authorised spinach”, “authorised lettuce”, “Directive 98/53/EC”, “Directive 2001/22/EC”, “Directive 2002/26/EC” and “Directive 2002/69/EC”, which are used in section 9 of the Act so far as it applies for the purposes of these Regulations by virtue of paragraph (2), shall, for those purposes, bear the meanings that those expressions respectively bear in these Regulations.

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