Regulation 15 Offences, penalties and enforcement

(1)

Any person who contravenes or fails to comply with any of the provisions of Regulation 178/2002 set out in paragraph (2) is guilty of an offence and liable–

(a)

in the case of paragraph (2)(a) and (b)–

(i)

on summary conviction to a term of imprisonment not exceeding 3 months or to a fine not exceeding the statutory maximum, or both; or

(ii)

on conviction on indictment to a term of imprisonment not exceeding 2 years or to a fine, or both;

(b)

in the case of paragraph (2)(c), (d) and (e) on summary conviction to a term of imprisonment not exceeding 3 months or to a fine not exceeding level 5 on the standard scale, or both.

(2)

The provisions referred to in paragraph (1) are–

(a)

Article 12 in so far as it relates to feed (export or re-export to third countries);

(b)

Article 15(1) (prohibition on the placing on the market or feeding to any F1... animal of unsafe feed);

(c)

Article 16 in so far as it relates to feed (prohibition on misleading labelling, advertising or presentation);

(d)

Article 18(2) and (3) (requirements of traceability) in so far as relating to feed business operators;

(e)

Article 20 (responsibilities of feed business operators).

F2(3)

The competent authority for the purposes of Articles 15, 18 and 20 of Regulation 178/2002 is Food Standards Scotland.

(4)

In this regulation “feed” means feed for food-producing animals.

Annotations

Textual amendments

F1: Words in reg. 15(2)(b) omitted (23.11.2010) by virtue of The Animal Feed (Scotland) Regulations 2010 (S.S.I. 2010/373), regs. 1, 15(3)
F2: Reg. 15(3) substituted (1.4.2021) by The Feed (Transfer of Functions) (Miscellaneous Amendments) (Scotland) Regulations 2020 (S.S.I. 2020/467), regs. 1(2), 5(9)