{
  "url": "https://openlegislation.uk/official-feed-and-food-controls-scotland-regulations-2009/regulation-46",
  "json_url": "https://openlegislation.uk/official-feed-and-food-controls-scotland-regulations-2009/regulation-46.json",
  "legislation": "ssi/2009/446",
  "legislation_title": "The Official Feed and Food Controls (Scotland) Regulations 2009",
  "legislation_url": "https://openlegislation.uk/official-feed-and-food-controls-scotland-regulations-2009",
  "path": "regulation/46",
  "kind": "regulation",
  "number": "46",
  "heading": "Defence of due diligence",
  "text": "(1) In any proceedings for an offence under these Regulations, it shall, subject to paragraph (2), be a defence to prove that the accused took all reasonable precautions and exercised all due diligence to avoid the commission of the offence by the accused or by a person under the accused's control.\n(2) If in any case the defence provided by paragraph (1) involves the allegation that the commission of the offence was due to an act or default of another person, or to reliance on information supplied by another person, the accused shall not, without leave of the court, be entitled to rely on that defence unless at the earlier of—\n(a) a date at least 7 clear days before the ...trial diet (not being a notional trial diet); or\n(b) a date 28 days after the first appearance of the accused, before a court in connection with the alleged offence,\nthe accused has served on the prosecutor a notice in writing giving such information identifying or assisting in the identification of that other person as was in the accused's possession.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "Words in reg. 46(2) inserted (25.1.2010) by The Official Feed and Food Controls (Scotland) Amendment Regulations 2010 (S.S.I. 2010/5), regs. 1, 2(4)(a)"
    },
    {
      "type": "F",
      "label": "F2",
      "text": "Words in reg. 46(2)(a) omitted (25.1.2010) by The Official Feed and Food Controls (Scotland) Amendment Regulations 2010 (S.S.I. 2010/5), regs. 1, 2(4)(b)"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/ssi/2009/446/regulation/46",
    "retrieved_at": "2026-10-28T21:58:13.764569+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}