Offences penalties and enforcementI19

1

If any person contravenes regulation 3, 4, 5(4), 6, or 8 he shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.

2

Subject to paragraphs (3) and (4), if any person contravenes a specified Community provision he shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.

3

A person shall be considered not to have contravened the first paragraph of Article 2.2 of Regulation 37/2005 if the requirements of Schedule 3 are complied with.

4

A person shall be considered not to have contravened Article 2 of Regulation 37/2005 if—

a

the offence which would otherwise have been committed was in respect of a cold store facility with a capacity of less than 10m3 used for storing stock in retail outlets; and

b

the air temperature in the cold store is measured by an easily visible thermometer.

5

Each district council shall execute and enforce these Regulations within its district.