The Dairy Products (Hygiene) (Scotland) Regulations 1995

Application of various sections of the Act

20.—(1) The following provisions of the Act shall apply for the purposes of these Regulations as they apply for the purposes of section 8, 14 or 15 of the Act and unless the context otherwise requires, any reference in them to the Act shall be construed as a reference to these Regulations:—

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

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

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

(d) section 21 (defence of due diligence);

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

(f) section 33 (obstruction etc. of officers);

(g) section 36 (offences by bodies corporate) subject to the modification that “body corporate” shall include a Scottish partnership and “director” a partner in such a partnership;

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

(2) Section 5(6) (appointment of a person who is not an officer) of the Act shall apply in relation to an appointment by a food authority for the purposes of these Regulations as it applies in relation to matters arising under the Act.

(3) Section 8(3) (which makes presumptions in the case of batches of food) of the Act shall apply to food which it is an offence to sell under these Regulations as it applies to food which fails to comply with food safety requirements.

(4) Section 9 (inspection and seizure of suspected food) of the Act shall apply to food which it is an offence to sell under these Regulations as it applies to food which fails to comply with food safety requirements.