Offences and penaltiesU.K.
This section has no associated Explanatory Memorandum
41.—(1) Any person who —
(a)contravenes or fails to comply with any of the specified import provisions;
[(b)contravenes or fails to comply with—
(i)paragraph (3) of regulation 26; or
(ii)paragraph (5) of regulation 27 ...;]
[(ba)contravenes or fails to comply with the provisions of any regulations made under Article 53 of Regulation 178/2002;]
(c)contravenes any of the prohibitions in paragraph (1) of regulation 28;
(d)to the extent that contravention or failure to comply with regulation 29 does not constitute an offence under regulation 40, contravenes or fails to comply with regulation 29; or
(e)fails to comply with a notice served upon him under the Import Provisions,
[(1A) Any person who imports into England or places on the market any sprouts or seeds intended for sprouting which do not comply with the certification requirements of [Article 13 of Regulation 2019/625, in so far as it applies to sprouts and seeds intended for the production of sprouts, as read with Article 27 of Regulation 2019/628] shall be guilty of an offence.]
shall be guilty of an offence.
(2) [Subject to paragraphs (3) and (4)] , a person guilty of an offence under this Part of these Regulations shall be liable —
(a)on summary conviction to a fine not exceeding the statutory maximum; or
(b)on conviction on indictment to imprisonment for a term not exceeding two years, to a fine or to both.
(3) A person guilty of an offence under regulation 40 shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale or to imprisonment for a term not exceeding three months or to both.
[(4) A person guilty of an offence under paragraph (1)(a) or paragraph (1)(b)(i) is liable on either summary conviction or conviction on indictment to a fine.]