Regulation 44 Offences and penalties

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

reg. 44(1)(f) omitted by Genetically Modified and Novel Foods (Labelling) 2000 reg. 11(8)
reg. 44(1)(f) omitted by Genetically Modified and Novel Foods (Labelling) 2000 reg. 11(8)
reg. 44(1)(f) deleted by Genetically Modified and Novel Foods (Labelling) 2000 reg. 11(8)
reg. 44(1)(f) and word inserted by Food Labelling 1999 reg. 9
reg.44 rev. in pt. by Genetically Modified and Novel Foods (Labelling) 2000 reg 11 (8)
reg.44 rev. in pt. by Genetically Modified and Novel Foods (Labelling) 2000 reg.11 (8)
reg.44 amended by Food Labelling 1999 reg.9
reg.44 revoked by Genetically Modified and Novel Foods (Labelling) 2000 reg.11(8)

(1)

If any person—

(a)

sells any food which is not marked or labelled in accordance with the provisions of Part II of these Regulations, or

(b)

sells or advertises for sale any food in respect of which a claim is made, nutrition labelling is given or a description or a name is used in contravention of the provisions of Part III of these Regulations, or

(c)

sells any food from a vending machine in contravention of regulation 29, or

(d)

sells any food after the date shown in a “use by” date relating to it, or

(e)

being a person other than whichever of—

(i)

the manufacturer,

(ii)

the packer, or

(iii)

the seller established within the European Community,

was originally responsible for so marking the food, removes or alters the appropriate durability indication relating to that food,

he shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.

(2)

Where an offence under these Regulations is committed in Scotland by a Scottish partnership and is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, a partner, he as well as the partnership shall be guilty of the offence and be liable to be proceeded against and punished accordingly.