Regulation 7 Penalties and enforcementF1I1
England, Wales and Scotland
If any person contravenes or fails to comply with any of the foregoing provisions of these Regulations 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.
Subject to paragraphs (1B) and (1C), if any person contravenes or fails to comply with a specified Community provision, that person shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.
A person shall not be considered to have contravened or failed to comply with the first sentence of the first paragraph of Article 2.2 of Regulation 37/2005 if the requirements of Schedule 3 are complied with.
A person shall not be considered to have contravened or failed to comply with Article 2 of Regulation 37/2005 if–
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
the air temperature in the cold store is measured by an easily visible thermometer.
A person is to be considered not to have contravened or failed to comply with regulation 5(3)(b) in the following circumstances—
a quick-frozen foodstuff subject to regulation 5(3)(b) is marked or labelled on its packaging, container or wrapping, or on a label attached to it, with the name or business name and address of the manufacturer or packer, or of a seller established within the European Union,
this would not have constituted a contravention of regulation 5(3)(b) immediately before IP completion day, and
the quick-frozen foodstuff is placed on the market no later than F431 December 2023.
Each food authority shall enforce and execute these Regulations within its area.
In this regulation “food authority” does not include the appropriate treasurer referred to in section 5(1)(c) of the Act (which deals with the Inner Temple and the Middle Temple).
Annotations
Textual amendments
- F1
Regulations revoked (E.) (1.3.2007) by The Quick-frozen Foodstuffs (England) Regulations 2007 (S.I. 2007/191), regs. 1(b), 11 and revoked (W.) (1.3.2007) by The Quick-frozen Foodstuffs (Wales) Regulations 2007 (S.I. 2007/389), regs. 1(2), 11
- F2
Reg. 7(1A)-(1C) inserted (S.) (16.3.2007) by The Quick-frozen Foodstuffs Amendment (Scotland) Regulations 2007 (S.S.I. 2007/106), regs. 1(1), 2(e)
- F3
Reg. 7(1D) inserted (31.12.2020) by The Food Information, Labelling and Standards (EU Exit) (Scotland) (Amendment) Regulations 2019 (S.S.I. 2019/285), regs. 1(1), 2(2) (as amended by S.S.I. 2020/372, regs. 1(2)(a), 9(2)); 2020 c. 1, Sch. 5 para. 1(1)
- F4
Words in reg. 7(1D)(c) substituted (S.) (30.9.2022) by The Food Information (Transitional Provisions) (Miscellaneous Amendments) (Scotland) Regulations 2022 (S.S.I. 2022/265), regs. 1(1), 7
Commencement
- I1
Reg. 7 in force at 10.1.1991, see reg. 1