Regulation 337 Offences in relation to warranties and certificatesC1
It is an offence for a defendant in proceedings for an offence under these Regulations in respect of a contravention of a provision mentioned in regulation 336 (3)—
intentionally to apply a warranty given in relation to one substance or article to a different substance or article; or
intentionally to apply to one substance or article a certificate issued under regulation 330 or paragraph 19 of Schedule 31 in relation to a sample of a different substance or article.
A person who intentionally or recklessly gives a purchaser a false warranty certifying a matter specified in regulation 336(2)(a) is guilty of an offence.
If the defendant in proceedings for an offence under these Regulations in respect of a contravention of a provision mentioned in regulation 336(3) relies successfully on a warranty given to the defendant or to the defendant's employer, proceedings for an offence under paragraph (2) may be brought in accordance with paragraph (4).
Proceedings may be brought, as the prosecutor chooses—
before a court which has jurisdiction in the place where a sample of the substance or article to which the warranty relates was taken; or
before a court which has jurisdiction in the place where the warranty was given.
A person guilty of an offence under this regulation is liable—
on summary conviction to a fine not exceeding the statutory maximum; or
on conviction on indictment to a fine or to imprisonment for a term not exceeding two years, or to both.
Annotations
Modifications
- C1
Regs. 332-339 applied (with modifications) by The Medicines for Human Use (Clinical Trials) Regulations 2004 (S.I. 2004/1031), reg 47(1), Sch. 9 (as substituted (14.8.2012) by S.I. 2012/1916, reg. 1(2), Sch. 34 paras. 57(b), 64 (with Sch. 32))