Regulation 6 Application of various provisions of the Food and Drugs (Scotland) Act 1956

(1)

Subject to paragraphs (2) and (3) of this regulation, the following provisions of the Act shall apply for the purposes of these Regulations as if references therein to proceedings, or a prosecution, under or taken or brought under the Act included references to proceedings, or a prosecution, as the case may be, taken or brought for an offence under these Regulations:–

(a)

section 41(2), (3) and (5) (which relates to proceedings);

(b)

section 42(1) and (3) (which relates to evidence of analysis);

(c)

section 44 (which relates to analysis by the Government Chemist);

(d)

section 46 (which relates to a warranty pleaded as a defence); and

(e)

section 47 (which relates to offences in relation to warranties and certificates of analysis).

(2)

In its application for the purposes of these Regulations section 44 of the Act shall apply for the purposes of these Regulations as if the reference therein to section 41(5) of the Act included a reference to that subsection as applied by paragraph (1) of this regulation.