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The Food (Revision of Penalties) Regulations 1982

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EXPLANATORY NOTE

These regulations amend a large number of regulations and orders relating to food so as to alter the penalties for offences against those regulations and orders. In many cases the mode of trial for prosecution of such offences is also altered. Apart from an amendment of one Northern Ireland instrument, the amendments extend to England and Wales only.

Offences against the regulations listed in Schedule 1 continue to be summary offences. The maximum fine for such offences is increased to £1,000 (regulation 2(a)).

Offences against the regulations listed in Schedule 2 become triable either way. The maximum fine on summary conviction of such offences is increased to £1,000. The maximum penalty on conviction on indictment is an unlimited fine or imprisonment for up to two years or both (regulation 3(a)).

Regulations and orders made before 1st January 1956 (the date of commencement of the Food and Drugs Act 1955) are treated separately (regulation 4). Offences against the Public Health (Shell-Fish) Regulations 1934 become triable either way and subject to the same maximum penalties as offences against the regulations listed in Schedule 2 to these regulations. Offences against the other pre-1956 instruments amended by these regulations continue to be summary offences and become subject to the same maximum fine as offences against the regulations listed in Schedule 1 to these regulations.

The Food and Drugs (Amendment) Act 1982 abolishes from 1st January 1983 imprisonment on summary conviction and daily fines for all offences against regulations and orders amended by these regulations, and words relating to those penalties are consequently now removed.

The opportunity is also taken to remove from regulations amended by these regulations provisions which, because of the Food and Drugs (Amendment) Act 1982, would otherwise cease to have effect on 1st January 1983 (regulations 2(b) and 3(b)).

All the amendments take effect on 1st January 1983.

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