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Regulation 9 Offences, penalties and enforcement

(1)

If any person contravenes or fails to comply with regulation 3, 4, 5(1), 6 or 8 he shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.

(2)

Subject to paragraphs (3) and (4), if any person contravenes or fails to comply with a specified Community provision he shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.

(3)

A person shall be considered not to have contravened or failed to comply with the first paragraph of Article 2.2 of Regulation 37/2005 if the requirements of Schedule 3 are complied with.

(4)

A person shall be considered not to have contravened or failed to comply with any provision of Article 2 of Regulation 37/2005 if—

(a)

the offence which would otherwise have been committed was in respect of a cold store facility with a capacity of less than 10m3 used for storing stock in retail outlets; and

(b)

the air temperature in the cold store is measured by an easily visible thermometer.

(5)

Each food authority shall execute and enforce these Regulations within its area.