{
  "url": "https://openlegislation.uk/food-safety-act-1990-consequential-modifications-scotland-order-1990/article-5",
  "json_url": "https://openlegislation.uk/food-safety-act-1990-consequential-modifications-scotland-order-1990/article-5.json",
  "legislation": "uksi/1990/2625",
  "legislation_title": "The Food Safety Act 1990 (Consequential Modifications) (Scotland) Order 1990",
  "legislation_url": "https://openlegislation.uk/food-safety-act-1990-consequential-modifications-scotland-order-1990",
  "path": "article/5",
  "kind": "article",
  "number": "5",
  "heading": "Application of sections of the Food Safety Act 1990",
  "text": "(1) After regulation 2 of the Regulations specified in column 2 of Schedule 4 there shall be inserted the following regulation:–\n“Application of sections 2, 3, 20, 21, 30(8) 33, 36 and 44 of the Act\n2A The following provisions of the Act shall apply for the purposes of these Regulations as they apply for the purposes of section 8, 14 or 15 of the Act and unless the context otherwise requires any reference in them to the Act shall be construed as a reference to these Regulations:–\nsection 2 (extended meaning of “sale” etc.);\nsection 3 (presumptions that food intended for human consumption);\nsection 20 (offences due to fault of another person);\nsection 21 (defence of due diligence);\nsection 30(8) (which relates to documentary evidence);\nsection 33 (obstruction etc. of officers);\nsection 36 (offences by bodies corporate); and\nsection 44 (protection of officers acting in good faith).”.\n(2) The provisions of the Regulations specified in column 3 of Schedule 4 are revoked.\n(3) After regulation 2 of the Regulations specified in Schedule 5 there shall be inserted the following regulation:–\n“Application of sections 2, 3, 20, 21, 22, 30(8), 33, 36 and 44 of the Act\n2A The following provisions of the Act shall apply for the purposes of these Regulations as they apply for the purposes of section 8, 14 or 15 of the Act and unless the context otherwise requires any reference in them to the Act shall be construed as a reference to these Regulations:–\nsection 2 (extended meaning of “sale” etc.);\nsection 3 (presumptions that food intended for human consumption);\nsection 20 (offences due to fault of another person);\nsection 21 (defence of due diligence);\nsection 22 (defence of publication in the course of business);\nsection 30(8) (which relates to documentary evidence);\nsection 33 (obstruction etc. of officers);\nsection 36 (offences by bodies corporate); and\nsection 44 (protection of officers acting in good faith).”.\n(4) The provisions of the Regulations specified in column 3 of Schedule 5 are revoked.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/1990/2625/article/5",
    "retrieved_at": "2026-10-29T14:53:54.913918+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}