The Food Labelling (Amendment) Regulations 1999

Amendment of the Food Labelling Regulations 1996

11.  There shall be substituted for regulation 48 (application of various sections of the Food Safety Act 1990) the following section–

“Application of various provisions of the Act

48.— (1) The following provisions of the Act shall apply for the purposes of these Regulations and, unless the context otherwise requires, any reference in those provisions to the Act or Part thereof shall be construed for the purposes of these Regulations as a reference to these Regulations–

• section 2 (extended meaning of “sale” etc.);

• section 3 (presumption that food is intended for human consumption);

• section 20 (offences due to fault of another person);

• section 21 (defence of due diligence) as it applies for the purposes of section 8, 14 or 15;

• section 22 (defence of publication in the course of a business);

• section 30(8) (which relates to documentary evidence);

• section 33 (obstruction etc. of officers);

• section 36 (offences by bodies corporate);

• section 44 (protection of officers acting in good faith).

(2) In the application of section 32 of the Act (powers of entry) for the purposes of these Regulations, the reference in subsection (1)(a) to the Act shall be construed as including a reference to Regulation 1139/98.

(3) The penalty provisions in section 35(1) of the Act (punishment of offences) shall apply in relation to an offence under section 33(1) of the Act as applied by these Regulations, and the penalty provisions in section 35(2) and (3) of the Act shall apply in relation to an offence under 33(2) of the Act as applied by these Regulations.”.