41.—(1) Any person who—
(a)contravenes or fails to comply with any of the specified [F1import] provisions;
(b)contravenes or fails to comply with paragraph (3) of regulation 26, paragraph (5) of regulation 27 F2...;
(c)contravenes any of the prohibitions in paragraph (1) of regulation 28;
(d)to the extent that contravention or failure to comply with regulation 29 does not constitute an offence under regulation 40, contravenes or fails to comply with regulation 29; or
(e)fails to comply with a notice served upon him under the Import Provisions,
[F3(f)contravenes or fails to comply with the provisions of any instrument made under Article 53 of Regulation 178/2002.]
is guilty of an offence.
[F4(1A) Any person who imports into Wales or places on the market any sprouts or seeds intended for sprouting which do not comply with the certification requirements of [F5Article 13 of Regulation 2019/625, in so far as it applies to sprouts and seeds intended for the production of sprouts, as read with Article 27 of Regulation 2019/628] shall be guilty of an offence.]
(2) Subject to paragraph (3), a person guilty of an offence under this Part of these Regulations will be liable—
(a)on summary conviction to a fine not exceeding the statutory maximum; or
(b)on conviction on indictment to imprisonment for a term not exceeding two years, to a fine or to both.
(3) A person guilty of an offence under regulation 40 will be liable on summary conviction to a fine not exceeding level 5 on the standard scale or to imprisonment for a term not exceeding three months or to both.
Textual Amendments
F1Word in reg. 41(1)(a) inserted (23.11.2010) by The Animal Feed (Wales) Regulations 2010 (S.I. 2010/2652), regs. 1, 16(4)
F2Words in reg. 41(1)(b) omitted (31.12.2020) by virtue of The Food and Feed Hygiene and Safety (Miscellaneous Amendments and Saving Provision) (Wales) (EU Exit) Regulations 2020 (S.I. 2020/1581), regs. 1(3), 10(12)(a)
F3Reg. 41(1)(f) inserted (31.12.2020) by The Food and Feed Hygiene and Safety (Miscellaneous Amendments and Saving Provision) (Wales) (EU Exit) Regulations 2020 (S.I. 2020/1581), regs. 1(3), 10(12)(b)
F4Reg. 41(1A) inserted (31.12.2013) by The Food Safety, Food Hygiene and Official Controls (Sprouting Seeds) (Wales) Regulations 2013 (S.I. 2013/3007), regs. 1(2), 4(3)
F5Words in reg. 41(1A) substituted (31.12.2020) by The Official Feed and Food Controls (Miscellaneous Amendments) (Wales) Regulations 2020 (S.I. 2020/1487), regs. 1(2), 3(6)