PART 3OFFICIAL CONTROLS ON FEED AND FOOD OF NON–ANIMAL ORIGIN FROM THIRD COUNTRIES

Offences and penalties41.

(1)

Any person who —

(a)

contravenes or fails to comply with any of the specified import provisions;

F1(b)

contravenes or fails to comply with—

(i)

paragraph (3) of regulation 26; or

(ii)

paragraph (5) of regulation 27 F2...;

F3(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,

F4(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 F5Article 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)

F6Subject 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.

F7(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.