OpenLegislation

Regulation 6 Application of various provisions of the Act

(1)

The following provisions of the Act shall apply for the purposes of these Regulations and Regulation 1829/2003 as they apply for the purposes of the Act —

(a)

section 3 (presumption that food is intended for human consumption);

(b)

section 20 (offences due to the fault of another person);

(c)

section 21 (defence of due diligence) as it applies for the purposes of sections 8, 14 or 15 of that Act;

(d)

section 22 (defence of publication in the course of business);

(e)

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

(f)

section 33(1) (obstruction, etc. of officers);

(g)

section 33(2), with the modification that the reference to “any such requirement as is mentioned in subsection 1(b) above” shall be deemed to be a reference to any such requirement as is mentioned in that subsection as applied by sub–paragraph (f);

(h)

section 35(1) (punishment of offences) insofar as it relates to offences under section 33(1) as applied by sub–paragraph (f);

(i)

section 35(2) and (3) insofar as it relates to offences under section 33(2) as applied by sub–paragraph (g);

(j)

section 36 (offences by bodies corporate); and

(k)

section 44 (protection of officers acting in good faith).

(2)

Section 34 (time limit for prosecutions) shall apply to offences under regulation 5 as it applies to offences punishable under section 35(2) of the Act.