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Food (Scotland) Act 2015

Section 29: Offences in relation to section 28

29.Section 29 makes it an offence for an authorised person monitoring enforcement action to disclose information or use information gathered outwith the course of that person’s duties. This section does not prohibit FSS from using its own powers under section 31 to publish or disclose information. Instead, it is intended to apply to a situation where an authorised person gives a trade secret they have gathered during monitoring to a rival business. Subsection (3) makes it an offence for a person to obstruct an authorised person from carrying out that person’s powers under section 28 to monitor enforcement action. This subsection will help ensure FSS has access to all information it needs to be able to assess the performance of enforcement authorities.

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