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The Plastic Materials and Articles in Contact with Food (England) Regulations 2009

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This is the original version (as it was originally made).

Offences and Penalties

This section has no associated Explanatory Memorandum

16.—(1) Any person who —

(a)contravenes or fails to comply with regulation 3(1), 4(1), 5(1), 12(2) to (5) or 14(1);

(b)intentionally obstructs any person acting in the execution of Regulation 1895/2005 or these Regulations;

(c)contravenes regulation 12(6), 14(3) or 21(3) or, without reasonable excuse, otherwise fails to give to any person acting in the execution of Regulation 1895/2005 or these Regulations any assistance or information which that person may reasonably require; or

(d)in purported compliance with any requirement mentioned in sub-paragraph (c), knowingly or recklessly supplies information that is false or misleading in any material particular,

is guilty of an offence.

(2) Anyone guilty of an offence under these Regulations is liable —

(a)in the case of an offence under paragraph (1)(a) or (d) —

(i)on conviction on indictment to a term of imprisonment not exceeding two years or to a fine or both;

(ii)on summary conviction to a term of imprisonment not exceeding six months or to a fine not exceeding the statutory maximum or both;

(b)in the case of any other offence under these Regulations on summary conviction to a term of imprisonment not exceeding three months or to a fine not exceeding level five on the standard scale or both.

(3) Nothing in paragraph (1)(c) is to be construed as requiring any person to answer any question or give any information if to do so might incriminate that person.

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