Section 15C Duty to report non-compliance with food information lawF1

(1)

A food business operator must as soon as reasonably practicable inform Food Standards Scotland if the food business operator—

(a)

is, or has been, in charge of any food which is intended for human consumption and has been placed on the market within the meaning of Regulation (EC) No. 178/2002; and

(b)

considers or has reason to believe that food information law is being contravened in relation to the food.

(2)

Any person who fails to comply with subsection (1) above shall be guilty of an offence.

(3)

For the purposes of subsection (1)(a) above, a food business operator is to be treated as being, or having been, in charge of any food which it has—

(a)

received;

(b)

imported;

(c)

produced;

(d)

processed;

(e)

manufactured;

(f)

distributed; or

(g)

otherwise placed on the market within the meaning of Regulation (EC) No. 178/2002.

(4)

For the purposes of this Act, “food business operator” is to be construed in accordance with Article 3 of Regulation (EC) No 178/2002.

Annotations

Textual amendments

F1: Ss. 15A-15D and cross-heading inserted (S.) (1.4.2015) by Food (Scotland) Act 2015 (asp 1), ss. 33, 63(2) (with s. 62); S.S.I. 2015/99, art. 2

Notes on Part II

Modifications

C1

Pts. I-III (ss. 1-39): functions transferred (10.1.1992) by S.I. 1991/2913, art. 8, Sch. 2

Pts. I-III (ss. 1-39): certain functions transferred (7.8.1991) by S.I. 1991/1773, art. 8(1)(3), Sch. 2

C2

Pts. I-III (ss. 1-39) applied (with modifications) (7.8.1991) by S.I. 1991/1773, art. 8(2)(3), Sch. 2

C3

Pt. II modified (6.4.2010) by The Cornwall Port Health Authority Order 2010 (S.I. 2010/1215), arts. 1(1), 4, Sch. (with art. 2)

C4

Pt. II modified (6.4.2010) by The Southampton Port Health Authority Order 2010 (S.I. 2010/1218), arts. 1(1), 4, Sch.

C5

Pt. II applied (with modifications) (24.3.2011) by The Hull and Goole Port Health Authority Order 2011 (S.I. 2011/939), arts. 1(1), 9, Sch. 2

C6

Pt. II functions etc. assigned to the port health authority and modified (31.3.2017) by The Weymouth Port Health Authority Order 2017 (S.I. 2017/558), arts. 1(1), 9, Sch. 2 (with art. 9(3))