Paragraph 10

(1)

Section 6 (enforcement) shall be amended as follows.

(2)

In subsection (3)—

(a)

for the word “Ministers” (in the first place it appears) there shall be substituted the words “ Secretary of State ”; and

(b)

for the words “the Ministers or the Minister” there shall be substituted the words “ the Secretary of State, the Minister of Agriculture, Fisheries and Food ” and after those words there shall be inserted the words “ or the Food Standards Agency ”.

(3)

In subsection (4)—

(a)

the words “the Ministers” shall be omitted; and

(b)

after the word “State,” there shall be inserted the words “ the Food Standards Agency, ”.

(4)

In subsection (5) the words from “and, in” to the end shall be omitted and after that subsection there shall be inserted the following subsections—

“(5A)
The Secretary of State may take over the conduct of any such proceedings which have been instituted by some other person.
(5B)
The Secretary of State may direct the Food Standards Agency to take over the conduct of any such proceedings which have been instituted by some person other than the Agency.
(5C)
The Food Standards Agency may take over the conduct of any such proceedings which have been instituted by some other person, but (unless the Agency has been directed to do so under subsection (5B) above) only with the consent of the person who instituted them.”