Regulation 7 Application of various provisions of the OrderI1

Northern Ireland

(1)

The following provisions of the Order shall apply for the purposes of these Regulations with the modification that any reference in those provisions to the Order or Part thereof shall be construed as a reference to these Regulations –

(a)

Article 19 (offences due to fault of another person);

(b)

Article 20 (defence of due diligence) with the modifications that paragraphs (2) to (4) shall apply in relation to an offence under regulation 4(a) or (b) as they apply in relation to an offence under Article 13 or 14, and in paragraph (4) the references to “sale” shall be deemed to include references to “placing on the market”;

(c)

Article 21 (defence of publication in the course of a business) with the modification that the words “for sale” shall be omitted;

(d)

Article 30(8) (which relates to documentary evidence);

(e)

Article 36(1) (punishment of offences) in so far as it relates to offences under Article 34(1) as applied by paragraph (3);

(f)

Article 36(2) and (3) in so far as it relates to offences under Article 34(2) as applied by paragraph (3).

(2)

In the application of Article 33 of the Order (powers of entry) for the purposes of these Regulations, the references in sub-paragraph (1)(a) to the Order shall be construed as including references to Regulation (EC) No. 178/2002.

(3)

The following provisions of the Order shall apply for the purposes of these Regulations with the modification that any reference in those provisions to the Order shall be construed as including a reference to Regulation (EC) No. 178/2002 and these Regulations –

(a)

Article 4 (presumptions that food is intended for human consumption), with the modifications that the references to “sold” and “sale” shall be deemed to include references to “placed on the market” and “placing on the market” respectively;

(b)

Article 34(1) (obstruction etc. of officers);

(c)

Article 34(2), with the modification that the reference to “any such requirement as is mentioned in paragraph (1)(b)” shall be deemed to be a reference to any such requirement as is mentioned in Article 34(1)(b) as applied by sub-paragraph (b).

(4)

Article 35 of the Order (time limit for prosecutions) shall apply to offences under regulation 4 as it applies to offences punishable under Article 36(2) of the Order.

Annotations

Commencement

I1: Reg. 7 in operation at 1.1.2005, see reg. 1