Regulation 39 Application of various provisions of the Act

England and Wales

(1)

The following provisions of the Act apply for the purposes of these Regulations with the modifications mentioned in paragraph (2)—

section 3 (presumptions that food intended for human consumption);
section 20 (offences due to fault of another person);
section 21 M1 (defence of due diligence);
section 29 (procurement of samples);
section 30(8) (documentary evidence);
section 44 (protection of officers acting in good faith); and
section 46(1) (expenses of authorised officers).

(2)

The modifications are—

(a)

any reference in the provisions specified in paragraph (1) to the Act (or a Part of the Act) must be construed as a reference to these Regulations;

(b)

any reference in the provisions specified in paragraph (1) to an authorised officer, or an officer of an enforcement authority or food authority, must be construed as a reference to an authorised officer as defined in regulation 3(1) of these Regulations;

(c)

in relation to section 20, the reference to that section must be construed as including a reference to that section as applied to these Regulations by paragraph (1);

(d)

in relation to section 21(2), the words “section 14 or 15 above” must be replaced with the words “ these Regulations ”;

(e)

in relation to section 29—

(i)

in paragraph (b)(ii), the reference to section 32 must be construed as including a reference to regulation 20 of these Regulations; and

(ii)

in paragraph (d), the omission of the words “or of regulations or orders made under it”;

(f)

in relation to section 30(8)(a), the omission of the words “under subsection (6) above”; and

(g)

in relation to section 44, any reference to a food authority must be construed as a reference to an enforcement authority.

Annotations

Marginal citations

M1: Section 21(2) was amended by S.I. 2004/3279.