Regulation 41 Offences and penalties

England and Wales

(1)

Any person who—

(a)

contravenes or fails to comply with any of the specified F1import provisions;

(b)

contravenes or fails to comply with paragraph (3) of regulation 26, paragraph (5) of regulation 27 F2...;

(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,

F3(f)

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

is guilty of an offence.

F4(1A)

Any person who imports into Wales 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.

(2)

Subject to paragraph (3), a person guilty of an offence under this Part of these Regulations will 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 will 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.

Annotations

Textual amendments

F1: Word in reg. 41(1)(a) inserted (23.11.2010) by The Animal Feed (Wales) Regulations 2010 (S.I. 2010/2652), regs. 1, 16(4)
F2: Words in reg. 41(1)(b) omitted (31.12.2020) by virtue of The Food and Feed Hygiene and Safety (Miscellaneous Amendments and Saving Provision) (Wales) (EU Exit) Regulations 2020 (S.I. 2020/1581), regs. 1(3), 10(12)(a)
F3: Reg. 41(1)(f) inserted (31.12.2020) by The Food and Feed Hygiene and Safety (Miscellaneous Amendments and Saving Provision) (Wales) (EU Exit) Regulations 2020 (S.I. 2020/1581), regs. 1(3), 10(12)(b)
F4: Reg. 41(1A) inserted (31.12.2013) by The Food Safety, Food Hygiene and Official Controls (Sprouting Seeds) (Wales) Regulations 2013 (S.I. 2013/3007), regs. 1(2), 4(3)
F5: Words in reg. 41(1A) substituted (31.12.2020) by The Official Feed and Food Controls (Miscellaneous Amendments) (Wales) Regulations 2020 (S.I. 2020/1487), regs. 1(2), 3(6)