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This is the original version (as it was originally enacted).
2(1)The Secretary of State or the Minister of Agriculture, Fisheries and Food may, by an order made for the purposes of this paragraph in respect of subsidy payments of any description, prescribe conditions to be observed by any person—
(a)who claims or receives subsidy payments of that description ; or
(b)to whom any food is sold otherwise than by retail, being food in respect of which subsidy payments of that description have been or can be made, and to whom notice of the conditions has been given under this paragraph.
(2)A person who has sold food otherwise than by retail shall not be entitled in respect of that food to any subsidy payments of a description to which an order under this paragraph applies unless he has given the purchaser notice of the conditions required to be observed by him under this paragraph ; and if a person sells otherwise than by retail food in respect of which he has claimed or received subsidy payments of any such description, or in relation to which he has himself received a notice under this paragraph, he shall give a like notice to the purchaser.
(3)Any notice under sub-paragraph (2) above shall be in writing and given not later than the time when the goods are delivered pursuant to the sale.
(4)If any person knowingly contravenes a condition required to be observed by him under this paragraph or fails to give any notice which he is required to give under sub-paragraph (2) above he shall be—
(a)guilty of an offence and liable on summary conviction to a fine not exceeding £400 ; and
(b)liable to pay to the Secretary of State or the Minister of Agriculture, Fisheries and Food, on demand, a sum not exceeding the subsidy payments made in respect of the food to which the contravention relates.
(5)The power to make an order under this paragraph shall be exercisable by statutory instrument and includes power to vary or revoke a previous order; and a statutory instrument containing an order under this paragraph shall be subject to annulment in pursuance of a resolution of either House of Parliament.
(6)This paragraph is without prejudice to the matters that may be included in a scheme under section 1 of this Act and to the imposition of any condition, as a matter of contract, on persons who claim or receive subsidy payments.
(7)In this paragraph " subsidy payments " means any payment under a scheme under section 1 of this Act and any allowance made by a Board as defined in Article 2(1) of the Order mentioned in subsection (3) of that section in respect of milk supplied by it in the year there mentioned.
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