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11. For regulation 48 (application of various provisions of the Order) there shall be substituted—
48.—(1) The following provisions of the Order shall apply for the purposes of these Regulations and any reference in those provisions to the Order shall be construed as a reference to these Regulations—
(a)Articles 2(4) and 3 (extended meaning of “sale” etc.);
(b)Article 4 (presumptions that food intended for human consumption);
(c)Article 19 (offence due to fault of another person);
(d)Article 20 (defence of due diligence) as it applies for the purposes of Article 7, 13 or 14;
(e)Article 21 (defence of publication in the course of business);
(f)Article 30(8) (which relates to documentary evidence);
(g)Article 34 (obstruction, etc., of officers).
(2) In the application of Article 33 of the Order (powers of entry) for the purposes of these Regulations, the reference in paragraph (1)(a) of that Article to the Order shall be construed as including a reference to Regulation 1139/98.
(3) The penalty provisions in Article 36(1) of the Order (punishment of offences) shall apply in relation to an offence under Article 34(1) of the Order as applied by these Regulations, and the penalty provisions in Article 36(2) and (3) of the Order shall apply in relation to an offence under Article 34(2) of the Order as applied by these Regulations.”.
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