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The Cocoa and Chocolate Products (Wales) Regulations 2003

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Application of various provisions of the Food Safety Act 1990

10.  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 for the purposes of these Regulations as a reference to these Regulations —

(a)section 2 (extended meaning of sale etc.);

(b)section 3 (presumptions that food is intended for human consumption);

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

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

(e)section 22 (defence of publication in the course of business);

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

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

(h)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 that subsection as applied by sub-paragraph (g) above;

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

(j)section 35(2) and (3) in so far as it relates to offences under section 33(2) as applied by sub-paragraph (h) above;

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

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

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