Regulation 5 Inspection and seizure of jelly confectionery

(1)

An authorised officer of a food authority may, for the purpose of enforcing these Regulations, at all reasonable times inspect any jelly confectionery which–

(a)

has been sold or is offered or exposed for sale; or

(b)

is in the possession of, or has been deposited with or consigned to, any person for the purpose of sale or of preparation for sale.

(2)

Paragraphs (3) to (8) shall apply where, whether or not on an inspection carried out under paragraph (1), it appears to an authorised officer that–

(a)

any person has carried out commercial operations with respect to jelly confectionery which contains E 425: Konjac: (i) Konjac gum (ii) Konjac glucomannane in contravention of regulation 3(1) of these Regulations; or

(b)

any person has used E 425: Konjac: (i) Konjac gum (ii) Konjac glucomannane in the manufacture of any jelly confectionery in contravention of regulation 3(2) of these Regulations.

(3)

The authorised officer may either–

(a)

give notice to the person in charge of such confectionery that, until the notice is withdrawn, the confectionery or any specified quantity of it–

(i)

is not to be used for human consumption; and

(ii)

either is not to be removed or is not to be removed except to some place specified in the notice; or

(b)

seize such confectionery and remove it in order to have it dealt with by a sheriff,

and any person who knowingly contravenes the requirements of a notice under paragraph (a) above shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale.

(4)

Where the authorised officer exercises the powers conferred by paragraph (3)(a) above, that officer shall, as soon as is reasonably practicable and in any event within 21 days, determine whether or not that officer is satisfied that there has been no contravention of regulation 3(1) or (2) of these Regulations and–

(a)

if the authorised officer is so satisfied, shall forthwith withdraw the notice; or

(b)

if the authorised officer is not so satisfied, shall seize the confectionery and remove it in order to have it dealt with by a sheriff.

(5)

Where an authorised officer exercises the powers conferred by paragraph (3)(b) or (4)(b) above, the authorised officer shall inform the person in charge of the confectionery of the intention to have it dealt with by a sheriff and any person who under regulation 3(3) of these Regulations might be liable to a prosecution in respect of the confectionery shall, if that person attends before the sheriff by whom the confectionery falls to be dealt with, be entitled to be heard and to call witnesses.

(6)

If it appears to the sheriff, on the basis of such evidence as the sheriff considers appropriate in the circumstances, that any person has contravened regulation 3(1) or (2) of these Regulations in relation to any confectionery falling to be dealt with under this section, the sheriff shall condemn the confectionery and order–

(a)

the confectionery to be destroyed or to be so disposed of as to prevent it from being used for human consumption; and

(b)

any expenses reasonably incurred in connection with the destruction or disposal to be defrayed by the owner of the confectionery.

(7)

If a notice under paragraph (3)(a) above is withdrawn, or the sheriff by whom any confectionery falls to be dealt with under this section refuses to condemn it, the food authority shall compensate the owner of the confectionery for any depreciation in its value resulting from the action taken by the authorised officer.

(8)

Any disputed question as to the right to or the amount of any compensation payable under subsection (7) above shall be determined by a single arbiter appointed, failing agreement between the parties, by the sheriff.