The Food (Revision of Penalties) Regulations 1982 No. 1727

Regulation 4

SCHEDULE 3 NEW PROVISIONS IN PRE-1956 REGULATIONS AND ORDERS

PART I NEW REGULATION TO APPEAR IN THE PUBLIC HEALTH (IMPORTED MILK) REGULATIONS 1926

If any person contravenes or fails to comply with any of the foregoing provisions of these regulations he shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding £1,000.

PART II NEW REGULATION TO APPEAR IN THE PUBLIC HEALTH (IMPORTED MILK) REGULATIONS 1926 AND THE PUBLIC HEALTH (SHELL-FISH) REGULATIONS 1934

(1) Subject to paragraph (2) of this regulation, the following provisions of the Food and Drugs Act 1955 shall apply for the purposes of these regulations as if references therein to proceedings, or a prosecution, under or taken or brought under that Act included references to proceedings, or a prosecution, as the case may be, taken or brought for an offence under these regulations:—

(a) section 108(3) and (4) (which relates to prosecutions);

(b) section 110(1), (2) and (3) (which relates to evidence of analysis);

(c) section 112 (which relates to the power of a court to require analysis by the Government Chemist);

(d) section 113 (which relates to a contravention due to some person other than the person charged);

(e) section 115(2) (which relates to the conditions under which a warranty may be pleaded as a defence);

(f) section 116 (which relates to offences in relation to warranties and certificates of analysis).

(2) The said section 112 shall apply for the purposes of these regulations as if the reference therein to the said section 108(4) included a reference to that subsection as applied by paragraph (1) of this regulation.

PART III NEW PARAGRAPH TO APPEAR IN THE PUBLIC HEALTH (SHELL-FISH) REGULATIONS 1934

If any person contravenes paragraph (1) of this regulation he shall be guilty of an offence and shall be liable—

(a) on summary conviction, to a fine not exceeding £1,000; and

(b) on conviction on indictment, to a fine or imprisonment for a term not exceeding two years or both.

PART IV NEW ARTICLE TO APPEAR IN THE FOOD STANDARDS (GENERAL PROVISIONS) ORDER 1944 AND THE OFFALS IN MEAT PRODUCTS ORDER 1953

If any person contravenes article X of this Order he shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding £1,000.

PART V FURTHER NEW ARTICLE TO APPEAR IN THE FOOD STANDARDS (GENERAL PROVISIONS) ORDER 1944 AND THE OFFALS IN MEAT PRODUCTS ORDER 1953

(1) In so far as this Order applies to England and Wales, the following provisions of the Food and Drugs Act 1955 shall, subject to paragraph (2) of this article, apply for the purposes of this Order as if references therein to proceedings, or a prosecution, under or taken or brought under that Act included references to proceedings, or a prosecution, as the case may be, taken or brought for an infringement of this Order:—

(a) section 108(3) and (4) (which relates to prosecutions);

(b) section 112 (which relates to the power of the court to require analysis by the Government Chemist);

(c) section 115(2) (which relates to the conditions under which a warranty may be pleaded as a defence);

(d) section 116 (which relates to offences in relation to warranties and certificates of analysis).

(2) The said section 112 shall apply for the purposes of this Order as if the reference therein to the said section 108(4) included a reference to that subsection as applied by paragraph (1) of this article.