Application of various provisions of the ActI16

1

The following provisions of the Act apply for the purposes of these Regulations and Regulation 1829/2003 as they apply for the purposes of the Act —

a

Section 3 (presumption that food is intended for human consumption);

b

Section 20 (offences due to the fault of another person);

c

Section 21 (defence of due diligence) as it applies for the purposes of sections 8, 14 or 15 of that Act;

d

Section 22 (defence of publication in the course of business);

e

Section 30(8) (which relates to documentary evidence);

f

Section 33(1) (obstruction, etc of officers);

g

Section 33(2), with the modification that the reference to “any such requirement as is mentioned in subsection 1(b) above” is deemed to be a reference to any such requirement as is mentioned in that subsection as applied by sub-paragraph (f);

h

Section 35(1) (punishment of offences) insofar as it relates to offences under section 33(1) as applied by sub-paragraph (f);

i

Section 35(2) and (3) insofar as it relates to offences under section 33(2) as applied by sub-paragraph (g);

j

Section 36 (offences by bodies corporate); and

k

Section 44 (protection of officers acting in good faith); and

1

Section 50 (service of documents).

2

Section 34 (time limit for prosecutions) applies to offences under regulation 5 as it applies to offences punishable under section 35(2) of the Act.