# The Food (Control of Irradiation) Regulations 1990, Regulation 9: Penalties, enforcement and functions of licensing authority


(1) If any person contravenes or fails to comply with any of the foregoing provisions of these Regulations or, for the purposes of these Regulations, makes any false statement or uses any document containing a false statement either recklessly or knowing it to be false, he shall be guilty of an offence and shall be liable—
(a) on summary conviction to a fine not exceeding the statutory maximum or to imprisonment for a term not exceeding six months or both; and
(b) on conviction on indictment, to a fine or to imprisonment for a term not exceeding two years or both.
(2) If any person who holds an irradiation licence contravenes or fails to comply with any condition of that irradiation licence other than the condition required to be included by paragraph 17 of Part II of Schedule 1 below he shall be guilty of an offence and shall be liable—
(a) on summary conviction to a fine not exceeding the statutory maximum or to imprisonment for a term not exceeding six months or both; and
(b) on conviction or indictment, to a fine or to imprisonment for a term not exceeding two years or both.
(3) The licensing authority shall enforce the provisions of these Regulations in so far as they fall to be observed by the holder of a current irradiation licence and (without prejudice to any power conferred on it by the Act or these Regulations) shall, so far as is reasonably practicable, carry out regular inspections during the currency of an irradiation licence for the purpose of examining whether it should in relation to that irradiation licence exercise any power available to it under paragraphs 1 to 3 of Part IV of Schedule 1 below.
(4) The licensing authority and each food authority within its area shall severally enforce the provisions of regulation 3 above in so far as they fall to be observed by any person other than the holder of a current irradiation licence.
(5) Each food authority shall enforce within its area the provisions of these Regulations save in so far as they fall to be enforced under paragraph (3) or (4) above.
(6) Each authority concerned in the administration of these Regulations shall give to each other authority so concerned such assistance and information as that other authority may reasonably require for the purpose of its duties under these Regulations.
(7) In this regulation “food authority” does not include the appropriate Treasurer referred to in section 5(1)(c) of the Act (which deals with the Inner Temple and the Middle Temple).
(8) Where any charge under these Regulations or under an irradiation licence granted by the licensing authority falls to be paid to the licensing authority but remains outstanding, that charge shall be recoverable by the licensing authority as a civil debt.

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Source: https://www.legislation.gov.uk/uksi/1990/2490/regulation/9 (the official version)
Page: https://openlegislation.uk/food-control-of-irradiation-regulations-1990/regulation-9
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.