Regulation 3 Official functions and enforcementE1

England, Wales and Scotland

F1(1)

The local authority enforces the F2assimilated Regulations and the 1416/2006 prohibition in relation to retail sale.

(2)

The Secretary of State, general customs officials and the F3... Agency enforce them in relation to import and export.

(3)

In relation to Scotland, the reference in paragraph (2) to “The Secretary of State” is to be read as a reference to “The Scottish Ministers”.

F4(4)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5)

Otherwise the F5... Agency or the Secretary of State enforce these Regulations and the F6F7assimilated Regulations.

(6)

In relation to Scotland, the reference in paragraph (5) to “the Secretary of State” is to be read as a reference to “the Scottish Ministers”.

(7)

Each of these is referred to as “an enforcement authority”.

F8(8)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F9(8A)

The Secretary of State may delegate to the Director of Public Prosecutions functions in relation to the prosecution of an offence under these Regulations.

(9)

Nothing in these Regulations authorises an enforcement authority to bring proceedings in Scotland for an offence.

F10(10)

In this regulation—

(a)

“general customs official” means a general customs official designated under section 3(1) of the Borders, Citizenship and Immigration Act 2009;

(b)

“local authority” means an authority (other than the council of a non-metropolitan district) that is a food authority for the purposes of the Food Safety Act 1990.

Annotations

Textual amendments

F1: Reg. 3(1) substituted (E.W.S.) (31.12.2020) by The Agricultural Products, Food and Drink (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1637), regs. 1(7), 11(5)(a) (as amended by S.I. 2020/1661, regs. 1(2)(b), 16(3))
F2: Word in reg. 3(1) substituted (E.W.S.) (27.2.2025) by The Retained EU Law (Revocation and Reform) Act 2023 (Consequential Amendments) Regulations 2025 (S.I. 2025/82), reg. 1(2), Sch. 15 para. 25(b)
F3: Words in reg. 3(2) omitted (28.3.2019) by virtue of The Wine (Amendment) Regulations 2019 (S.I. 2019/524), regs. 1, 4(2)
F4: Reg. 3(4) omitted (E.W.S.) (31.12.2020) by virtue of The Agricultural Products, Food and Drink (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1637), regs. 1(7), 11(5)(b)
F5: Words in reg. 3(5) omitted (28.3.2019) by virtue of The Wine (Amendment) Regulations 2019 (S.I. 2019/524), regs. 1, 4(2)
F6: Words in Regulations substituted (E.W.S.) (31.12.2020) by The Agricultural Products, Food and Drink (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1637), regs. 1(7), 11(2)
F7: Word in reg. 3(5) substituted (E.W.S.) (27.2.2025) by The Retained EU Law (Revocation and Reform) Act 2023 (Consequential Amendments) Regulations 2025 (S.I. 2025/82), reg. 1(2), Sch. 15 para. 25(b)
F8: Reg. 3(8) omitted (E.W.S.) (31.12.2020) by virtue of The Agricultural Products, Food and Drink (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1637), regs. 1(7), 11(5)(b)
F9: Reg. 3(8A) inserted (E.W.) (24.12.2012) by The Agriculture, Animals, Environment and Food etc. (Miscellaneous Amendments) Order 2012 (S.I. 2012/2897), arts. 1(1), 46(a)
F10: Reg. 3(10) inserted (31.12.2020) by The Agricultural Products, Food and Drink (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1637), regs. 1(7), 11(5)(c)

Extent

E1: This version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland only