Regulation 14 Application of various provisions of the Food Act

(1)

Subject to paragraph (2) of this regulation, the following provisions of the Food Act shall apply for the purposes of these Regulations as if these Regulations had been made under that Act:–

(a)

section 87 (which relates to the power to enter premises);

(b)

section 88, other than paragraph (a) of subsection (1), (which relates to the additional power of entry);

(c)

section 91 (which relates to obstruction);

(d)

section 95(1), (2), (3), (4) other than paragraph (a), and (5) (which relates to prosecutions);

(e)

section 97(1) and (3) (which relates to evidence of analysis);

(f)

section 98 (which relates to presumptions);

(g)

section 102 (which relates to conditions under which a warranty may be pleaded as a defence);

(h)

section 103 (which relates to offences in relation to warranties and certificates of analysis);

(i)

section 108 (which relates to disputes as to compensation); and

(j)

section 109 (which relates to arbitration).

(2)

For the purposes of these Regulations–

(a)

section 95(2) of the Food Act shall apply as if references therein to a sample procured under that Act included a reference to a sample procured for the purposes of these Regulations and so shall that part of section 95(4) thereof which is not excluded by paragraph (1)(d) of this regulation and section 95(5) of that Act shall apply as if the reference to any proceedings under that Act included a reference to proceedings for an offence under these Regulations;

(b)

sections 97(1) and (3) of the Food Act shall apply as if the references therein to a public analyst were references to an analyst as defined in regulation 2(1) and references to a certificate of a public analyst were references to a certificate of analysis given under these Regulations;

(c)

section 102(2) of the Food Act shall apply as if the reference therein to proceedings under that Act included a reference to proceedings for an offence under these Regulations;

(d)

section 103 of the Food Act shall apply as if references therein to that Act included a reference to these Regulations and references to a certificate of analysis included a reference to a primary analysis certificate or a reference analysis certificate;

(e)

section 108 of the Food Act shall apply as if the reference therein to Part I except section 23 of that Act were a reference to these Regulations.