Regulation 19 Offences and penalties

Scotland

(1)

Any person who contravenes the provisions of regulation 10(3) or (4), 12(8) F1, 17B or 18(2) commits an offence.

(2)

Any person who intentionally obstructs any person acting in the execution of Regulation 1935/2004, Regulation 1895/2005, Regulation 2023/2006, Regulation 450/2009, Regulation 10/2011 F2, Regulation 2018/213 or these Regulations commits an offence.

(3)

Any person who, without reasonable excuse, fails to provide any assistance or information that F3a person may reasonably require for the performance of their functions under the Regulations mentioned in paragraph (2) or fails to comply with regulation 10(6) commits an offence.

(4)

Any person who, in purported compliance with any requirement mentioned in paragraph (3), knowingly or recklessly supplies information that is false or misleading in any material particular, commits an offence.

(5)

Any person who commits an offence under these Regulations is liable—

(a)

in the case of an offence created by paragraph (1) or (4) or regulation 4(3), 5, 7(1), 14(1) or 16(4)—

(i)

on conviction on indictment to a fine or to imprisonment for a term not exceeding two years or both; or

(ii)

on summary conviction to a fine not exceeding the statutory maximum; and

(b)

in the case of an offence created by paragraph (2) or (3) or regulation 7(2) or 14(2), on summary conviction to a fine not exceeding level 5 on the standard scale.

(6)

Nothing in paragraph (2) or (3) is to be construed as requiring any person to answer any question or give any information if to do so might incriminate them.

Annotations

Textual amendments

F1: Word in reg. 19(1) inserted (28.3.2019) by The Materials and Articles in Contact with Food (Scotland) Amendment Regulations 2019 (S.S.I. 2019/32), regs. 1, 6(a)
F2: Words in reg. 19(2) inserted (28.3.2019) by The Materials and Articles in Contact with Food (Scotland) Amendment Regulations 2019 (S.S.I. 2019/32), regs. 1, 6(b)
F3: Word in reg. 19(3) inserted (28.3.2019) by The Materials and Articles in Contact with Food (Scotland) Amendment Regulations 2019 (S.S.I. 2019/32), regs. 1, 6(c)