OpenLegislation

Article 20 Defence of due diligenceC1C2C3C4C5C6C7C8C9C10C11C12C13C14C15C16C17C18C19C20C21C22C23C24C25C26C27C28C29C30C31C32C33C34C35C36

Northern Ireland

C37C38C39C40C41C42C43C44C45C46C47(1)

In any proceedings for an offence under any of the preceding provisions of this Part, it shall, subject to paragraph (5), be a defence for the person charged to prove that he took all reasonable precautions and exercised all due diligence to avoid the commission of the offence by himself or by a person under his control.

C48(2)

Without prejudice to the generality of paragraph (1), a person charged with an offence underF1 Article 13 or 14 who neither—

(a)

prepared the food in respect of which the offence is alleged to have been committed; nor

(b)

imported it into Northern Ireland,

shall be taken to have established the defence provided by that paragraph if he satisfies the requirements of paragraph (3) or (4).

(3)

A person satisfies the requirements of this paragraph if he proves—

(a)

that the commission of the offence was due to an act or default of another person who was not under his control, or to reliance on information supplied by such a person;

(b)

that he carried out all such checks of the food in question as were reasonable in all the circumstances, or that it was reasonable in all the circumstances for him to rely on checks carried out by the person who supplied the food to him; and

(c)

that he did not know and had no reason to suspect at the time of the commission of the alleged offence that his act or omission would amount to an offence under the relevant provision.

(4)

A person satisfies the requirements of this paragraph if he proves—

(a)

that the commission of the offence was due to an act or default of another person who was not under his control, or to reliance on information supplied by such a person;

(b)

that the sale or intended sale of which the alleged offence consisted was not a sale or intended sale under his name or mark; and

(c)

that he did not know, and could not reasonably have been expected to know, at the time of the commission of the alleged offence that his act or omission would amount to an offence under the relevant provision.

C49C50C51C52C53C54C55(5)

If in any case the defence provided by paragraph (1) involves the allegation that the commission of the offence was due to an act or default of another person, or to reliance on information supplied by another person, the person charged shall not, without leave of the court, be entitled to rely on that defence unless—

(a)

at least 7 clear days before the hearing; and

(b)

where he has previously appeared before a court in connection with the alleged offence, before the expiration of one month from his first such appearance,

he has served on the prosecution a notice in writing giving such information identifying or assisting in the identification of that other person as was then in his possession.

C56(6)

In paragraph (5) any reference to appearing before a court shall be construed as including a reference to being brought before a court.

Annotations

Textual amendments

F1

SR 2004/505

Modifications

C1

Art. 20 applied (with modifications) (1.7.2006) by Contaminants in Food Regulations (Northern Ireland) 2006 (S.R. 2006/256), reg. 5(1)(c);

Art. 20 applied (with modifications) (18.10.2006) by Curd Cheese (Restriction on Placing on the Market) Regulations (Northern Ireland) 2006 (S.R. 2006/415), reg. 4(b);

Art. 20 applied (with modifications) (9.11.2006) by Rice Products (Restriction on First Placing on the Market) Regulations (Northern Ireland) 2006 (S.R. 2006/443), reg. 5(b)

C2

mod. by SR 2004/487

C3

Art. 20 applied (1.3.2007) by Notification of Marketing of Food for Particular Nutritional Uses Regulations (Northern Ireland) 2007 (S.R. 2007/60), reg. 7(d)

C4

Art. 20 applied (with modifications) (1.3.2007) by Quick-frozen Foodstuffs Regulations (Northern Ireland) 2007 (S.R. 2007/65), reg. 10(d)

C5

Art. 20 applied (with modifications) (1.3.2007) by Contaminants in Food Regulations (Northern Ireland) 2007 (S.R. 2007/66), reg. 5(1)(c)

C6

Art. 20 applied (with modifications) (1.3.2007) by Quick-frozen Foodstuffs (No.2) Regulations (Northern Ireland) 2007 (S.R. 2007/110), reg. 10(d)

C7

Art. 20 applied (with modifications) (7.8.2007) by Addition of Vitamins, Minerals and Other Substances Regulations (Northern Ireland) 2007 (S.R. 2007/301), reg. 5(d)

C8

Art. 20 applied (with modifications) (1.10.2007) by Nutrition and Health Claims Regulations (Northern Ireland) 2007 (S.R. 2007/349), reg. 6(d)

C9

Art. 20 applied (with modifications) (3.8.2007) by Food (Suspension of the Use of E 128 Red 2G as Food Colour) Regulations (Northern Ireland) 2007 (S.R. 2007/352), reg. 5(b)

C10

Art. 20 applied (31.10.2007) by Natural Mineral Water, Spring Water and Bottled Drinking Water Regulations (Northern Ireland) 2007 (S.R. 2007/420), reg. 22(1)(d) (with reg. 3)

C11

Art. 20 applied (with modifications) (11.1.2008) by Infant Formula and Follow-on Formula Regulations (Northern Ireland) 2007 (S.R. 2007/506), reg. 29(c)

C12

Art. 20 applied (with modifications) (12.3.2008) by Rice Products from the United States of America (Restriction on First Placing on the Market) Regulations (Northern Ireland) 2008 (S.R. 2008/99), reg. 5(b)

C13

Art. 20 applied (with modifications) (14.4.2008) by Eggs and Chicks Regulations (Northern Ireland) 2008 (S.R. 2008/98), reg. 20

C14

Art. 20 applied (with modifications) (15.4.2008) by Specified Products from China (Restriction on First Placing on the Market) Regulations (Northern Ireland) 2008 (S.R. 2008/171), reg. 6(b)

C15

Art. 20 applied (with modifications) (1.7.2008) by Drinking Milk Regulations (Northern Ireland) 2008 (S.R. 2008/237), reg. 7(e)

C16

Art. 20 applied (with modifications) (1.7.2008) by Spreadable Fats (Marketing Standards) and the Milk and Milk Products (Protection of Designations) Regulations (Northern Ireland) 2008 (S.R. 2008/239), regs. 3, 7(e)

C17

Art. 20 applied (with modifications) (22.12.2008) by Eggs and Chicks (No. 2) Regulations (Northern Ireland) 2008 (S.R. 2008/451), reg. 20

C18

Art. 20 applied (with modifications) (1.7.2009) by Contaminants in Food Regulations (Northern Ireland) 2009 (S.R. 2009/220), reg. 5(1)(c)

C19

Art. 20 applied (with modifications) (31.7.2009) by Food Irradiation Regulations (Northern Ireland) 2009 (S.R. 2009/258), reg. 11(1)(e)

C20

Art. 20 applied (with modifications) (1.1.2010) by Food for Particular Nutritional Uses (Addition of Substances for Specific Nutritional Purposes) Regulations (Northern Ireland) 2009 (S.R. 2009/398), reg. 4(c)

C21

Art. 20 applied (with modifications) (20.1.2010) by Food Enzymes Regulations (Northern Ireland) 2009 (S.R. 2009/415), reg. 5(1)(b)

C22

Art. 20 applied (with modifications) (20.1.2010) by Food Additives Regulations (Northern Ireland) 2009 (S.R. 2009/416), reg. 16(1)(c)

C23

Art. 20 applied (with modifications) (20.1.2010) by Food (Jelly Mini-Cups) (Emergency Control) Regulations (Northern Ireland) 2009 (S.R. 2009/417), reg. 5(1)(c)

C24

Art. 20 applied (with modifications) (6.4.2010) by Fish Labelling Regulations (Northern Ireland) 2010 (S.R. 2010/54), reg. 10(c)

C25

Art. 20 applied (with modifications) (28.4.2010) by Eggs and Chicks Regulations (Northern Ireland) 2010 (S.R. 2010/125), reg. 29

C26

Art. 20 applied (with modifications) (20.10.2010) by Contaminants in Food Regulations (Northern Ireland) 2010 (S.R. 2010/335), reg. 5(1)(c)

C27

Art. 20 applied (with modifications) (20.1.2011) by Flavourings in Food Regulations (Northern Ireland) 2010 (S.R. 2010/414), reg. 5(1)(b)

C28

Art. 20 applied (with modifications) (1.7.2011) by Plastic Kitchenware (Conditions on Imports from China) Regulations (Northern Ireland) 2011 (S.R. 2011/236), reg. 11(1)(b)

C29

Art. 20 applied (with modifications) (1.1.2012) by The Foodstuffs Suitable for People Intolerant to Gluten Regulations (Northern Ireland) 2010 (S.R. 2010/338), regs. 1, 5(c)

C30

Art. 20 applied with modifications (7.10.2013) by The Fish Labelling Regulations (Northern Ireland) 2013 (S.R. 2013/219), regs. 1, 9, Sch. Pt. 1 para. 1

C31

Art. 20 applied with modifications (31.10.2013) by The Contaminants in Food Regulations (Northern Ireland) 2013 (S.R. 2013/229), regs. 1, 8(1)(c)

C32

Art. 20 applied with modifications (31.10.2013) by The Food Additives, Flavourings, Enzymes and Extraction Solvents Regulations (Northern Ireland) 2013 (S.R. 2013/220), regs. 1, 19, Sch. 5

C33

Art. 20 applied with modifications (20.11.2013) by The Fruit Juices and Fruit Nectars Regulations (Northern Ireland) 2013 (S.R. 2013/253), regs. 1(1), 19, Sch. 14

C34

Art. 20 applied with modifications (20.11.2013) by The Fruit Juices and Fruit Nectars Regulations (Northern Ireland) 2013 (S.R. 2013/253), regs. 1(1), 19, Sch.

C35

Art. 20 applied (with modifications) (13.12.2014) by The Food Information Regulations (Northern Ireland) 2014 (S.R. 2014/223), regs. 1(2), 12, Sch. 4 Pt. 4

C36

Art. 20 applied (with modifications) (28.11.2015) by The Natural Mineral Water, Spring Water and Bottled Drinking Water Regulations (Northern Ireland) 2015 (S.R. 2015/365), regs. 1, 34(3), Sch. 12 Pt. 4 Table

C37

Art. 20(1) applied (with modifications) (20.5.2006) by Ceramic Articles in Contact with Food Regulations (Northern Ireland) 2006 (S.R. 2006/217), reg. 7(b)

C38

Art. 20(1) applied (with modifications) (13.12.2014) by The Products Containing Meat etc. Regulations (Northern Ireland) 2014 (S.R. 2014/285), regs. 1, 9, Sch. 2

C39

Art. 20(1)(5) applied (with modifications) (24.6.2015) by The Honey Regulations (Northern Ireland) 2015 (S.R. 2015/261), reg. 1, Sch. 2

C40

Art. 20(1) applied (with modifications) (11.9.2015) by The Country of Origin of Certain Meats Regulations (Northern Ireland) 2015 (S.R. 2015/321), regs. 1, 6(4), Sch. Pt. 4

C41

Art. 20(1) applied (31.3.2016) by The Animals and Animal Products (Examination for Residues and Maximum Residue Limits) Regulations (Northern Ireland) 2016 (S.R. 2016/54), regs. 1, 32(1)(d)

C42

Art. 20(1) applied (with modifications) (20.7.2016) by The Food Safety (Information and Compositional Requirements) Regulations (Northern Ireland) 2016 (S.R. 2016/251), reg. 1, Sch. 2 Pt. 2

C43

Art. 20(1) applied (with modifcations) (22.12.2016) by The Caseins and Caseinates Regulations (Northern Ireland) 2016 (S.R. 2016/415), reg. 1, Sch. 5 Pt. 2

C44

Art. 20(1) applied (with modifications) by S.R. 2012/384, Sch. 2 Pt. 2 (as inserted (14.9.2017) by The Materials and Articles in Contact with Food (Amendment) Regulations (Northern Ireland) 2017 (S.R. 2017/157), reg. 1, Sch.)

C45

Art. 20(1) applied with modification(s) (1.1.2018) by The Novel Foods Regulations (Northern Ireland) 2017 (S.R. 2017/233), regs. 1, 5(3), Sch. 2 Pt. 3 (with reg. 5(4))

C46

Art. 20(1) applied (with modifications) (23.4.2018) by The Condensed Milk and Dried Milk Regulations (Northern Ireland) 2018 (S.R. 2018/77), regs. 1, 6(2), Sch. 3 Pt. 2

C47

Art. 20(1) applied (with modifications) (23.4.2018) by The Jam and Similar Products Regulations (Northern Ireland) 2018 (S.R. 2018/78), regs. 1, 10, Sch. 4 (with reg. 3)

C48

Art. 20(2) applied (with modifications) (20.7.2016) by The Food Safety (Information and Compositional Requirements) Regulations (Northern Ireland) 2016 (S.R. 2016/251), reg. 1, Sch. 2 Pt. 2

C49

Art. 20(5) applied (with modifications) (20.5.2006) by Ceramic Articles in Contact with Food Regulations (Northern Ireland) 2006 (S.R. 2006/217), reg. 7(b)

C50

Art. 20(5) applied (with modifications) (13.12.2014) by The Products Containing Meat etc. Regulations (Northern Ireland) 2014 (S.R. 2014/285), regs. 1, 9, Sch. 2

C51

Art. 20(5)(6) applied (31.3.2016) by The Animals and Animal Products (Examination for Residues and Maximum Residue Limits) Regulations (Northern Ireland) 2016 (S.R. 2016/54), regs. 1, 32(1)(d)

C52

Art. 20(5) applied (with modifcations) (22.12.2016) by The Caseins and Caseinates Regulations (Northern Ireland) 2016 (S.R. 2016/415), reg. 1, Sch. 5 Pt. 2

C53

Art. 20(5) applied with modification(s) (1.1.2018) by The Novel Foods Regulations (Northern Ireland) 2017 (S.R. 2017/233), regs. 1, 5(3), Sch. 2 Pt. 3 (with reg. 5(4))

C54

Art. 20(5) applied (with modifications) (23.4.2018) by The Condensed Milk and Dried Milk Regulations (Northern Ireland) 2018 (S.R. 2018/77), regs. 1, 6(2), Sch. 3 Pt. 2

C55

Art. 20(5) applied (with modifications) (23.4.2018) by The Jam and Similar Products Regulations (Northern Ireland) 2018 (S.R. 2018/78), regs. 1, 10, Sch. 4 (with reg. 3)

C56

Art. 20(6) applied (with modifications) (20.5.2006) by Ceramic Articles in Contact with Food Regulations (Northern Ireland) 2006 (S.R. 2006/217), reg. 7(b)