Regulation 41 Offences and penalties

England and Wales

(1)

Any person who —

(a)

contravenes or fails to comply with any of the specified import provisions;

F1(b)

contravenes or fails to comply with—

(i)

paragraph (3) of regulation 26; or

(ii)

paragraph (5) of regulation 27 F2...;

F3(ba)

contravenes or fails to comply with the provisions of any regulations made under Article 53 of Regulation 178/2002;

(c)

contravenes any of the prohibitions in paragraph (1) of regulation 28;

(d)

to the extent that contravention or failure to comply with regulation 29 does not constitute an offence under regulation 40, contravenes or fails to comply with regulation 29; or

(e)

fails to comply with a notice served upon him under the Import Provisions,

F4(1A)

Any person who imports into England or places on the market any sprouts or seeds intended for sprouting which do not comply with the certification requirements of F5Article 13 of Regulation 2019/625, in so far as it applies to sprouts and seeds intended for the production of sprouts, as read with Article 27 of Regulation 2019/628 shall be guilty of an offence.

shall be guilty of an offence.

(2)

F6Subject to paragraphs (3) and (4) , a person guilty of an offence under this Part of these Regulations shall be liable —

(a)

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

(b)

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

(3)

A person guilty of an offence under regulation 40 shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale or to imprisonment for a term not exceeding three months or to both.

F7(4)

A person guilty of an offence under paragraph (1)(a) or paragraph (1)(b)(i) is liable on either summary conviction or conviction on indictment to a fine.

Annotations

Textual amendments

F1: Reg. 41(1)(b) substituted (14.12.2019) by The Official Feed and Food Controls (England) (Miscellaneous Amendments) Regulations 2019 (S.I. 2019/1476), regs. 1, 22(a)
F2: Words in reg. 41(1)(b)(ii) omitted (31.12.2020) by virtue of The Food and Feed Hygiene and Safety (Miscellaneous Amendments etc.) (EU Exit) Regulations 2020 (S.I. 2020/1504), regs. 1(2), 3(11)(a)
F3: Reg. 41(1)(ba) inserted (31.12.2020) by The Food and Feed Hygiene and Safety (Miscellaneous Amendments etc.) (EU Exit) Regulations 2020 (S.I. 2020/1504), regs. 1(2), 3(11)(b)
F4: Reg. 41(1A) inserted (31.12.2013) by The Food Safety and Hygiene (England) Regulations 2013 (S.I. 2013/2996), regs. 1(1)(c), 37(3) (with reg. 1(2))
F5: Words in reg. 41(1A) substituted (25.12.2020) by The Food and Feed Hygiene and Safety (Miscellaneous Amendments) (England) Regulations 2020 (S.I. 2020/1410), regs. 1(2), 3(7)
F6: Words in reg. 41(2) substituted (14.12.2019) by The Official Feed and Food Controls (England) (Miscellaneous Amendments) Regulations 2019 (S.I. 2019/1476), regs. 1, 22(b)
F7: Reg. 41(4) inserted (14.12.2019) by The Official Feed and Food Controls (England) (Miscellaneous Amendments) Regulations 2019 (S.I. 2019/1476), regs. 1, 22(c)

Notes on the whole SI

Textual amendments

F1: 1972 c.68. Paragraph 1A of Schedule 2 was inserted by section 28 of the Legislative and Regulatory Reform Act 2006 (2006 c.51).
F2: S.I. 2003/2901.
F3: S.I. 1972/1811.
F4: S.I. 1999/2027.
F5: OJ No. L31, 1.2.2002, p.1, as last amended by Regulation (EC) No. 596/2009 of the European Parliament and of the Council adapting a number of instruments subject to the procedure referred to in Article 251 of the Treaty to Council Decision 1999/468/EC with regard to the regulatory procedure with scrutiny: Adaptation to the regulatory procedure with scrutiny – Part Four (OJ No. L188, 18.7.2009, p.14).