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The Food Additives, Flavourings, Enzymes and Extraction Solvents (Scotland) Regulations 2013

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Condemnation of foodS

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16.—(1) Paragraph (2) applies where it appears to an authorised officer that—

(a)a product fails to comply with any of the requirements specified in the first column of Schedule 1, as read with transitional measures contained in or to be read with Regulation 1333/2008;

(b)a product fails to comply with any of the requirements specified in the first column of Schedule 2, as read with Article 4 of Commission Implementing Regulation (EU) No 872/2012 and as read with transitional measures contained in or to be read with Regulation 1334/2008;

(c)a product fails to comply with any of the requirements specified in the first column of Schedule 3, as read with Article 20 of Regulation 2065/2003;

(d)a product fails to comply with any of the requirements specified in the first column of Schedule 4, as read with Articles 18 and 24 of Regulation 1332/2008; or

(e)a food is placed on the market in contravention of the prohibition in regulation 11(1)(b).

(2) Where this paragraph applies, subsections (3) to (9) of section 9 of the Act apply with the following modifications—

(a)references to “food” are to be read as including a reference to “product”;

(b)references to “food safety requirements” are to be read as including a reference to—

(i)any of the requirements referred to in sub-paragraphs (1)(a) to (d);

(ii)the prohibition referred to in sub-paragraph (1)(e).

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