Regulation 41 Offences and penalties

(1)

Any person who—

(a)

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

(b)

contravenes or fails to comply with regulation F126(3) or 27(5);

F2(ba)

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

(c)

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

(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 that person under the Import Provisions,

is guilty of an offence.

F3(1A)

Any person who imports into Scotland or places on the market any sprouts or seeds intended for sprouting which do not comply with the certification requirements of F4Article 27 of Commission Implementing Regulation (EU) 2019/628 commits an offence.

(2)

Subject to paragraph (3), 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 2 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 3 months or to both.

Annotations

Textual amendments

F1: Words in reg. 41(1)(b) substituted (31.12.2020) by The Food and Feed (EU Exit) (Scotland) (Amendment) Regulations 2020 (S.S.I. 2020/372), regs. 1(2)(b), 3(3)(a)
F2: Reg. 41(1)(ba) inserted (31.12.2020) by The Food and Feed (EU Exit) (Scotland) (Amendment) Regulations 2020 (S.S.I. 2020/372), regs. 1(2)(b), 3(3)(b)
F3: Reg. 41(1A) inserted (31.12.2013) by The Food Safety, Food Hygiene and Official Controls (Sprouting Seeds) (Scotland) Regulations 2013 (S.S.I. 2013/333), regs. 1, 4(3)
F4: Words in reg. 41(1A) substituted (30.12.2020) by The Official Feed and Food Controls (Miscellaneous Amendments) (Scotland) Regulations 2020 (S.S.I. 2020/398), regs. 1, 4(10)