31ANon-compliance with certain requirements of the FIC Regulation

1

Subject to subsection (2) below, a food business operator to which Article 1(3) of the FIC Regulation applies is guilty of an offence if that food business operator fails to comply with—

a

any of the provisions of Article 8 of the FIC Regulation (responsibilities of food business operators) applicable to the food business operator, to the extent that the provisions relate to net quantity;

b

Article 9(1)(e) of the FIC Regulation (mandatory indication of net quantity of food), except to the extent that it relates to a failure to comply with Article 13(5) of the FIC Regulation; or

c

Chapter V of the FIC Regulation (voluntary food information), to the extent that it imposes requirements in respect of net quantity.

2

A food business operator is not guilty of an offence under subsection (1) if the food business operator acts in accordance with any of the following—

a

an exception contained in Chapter IV of the FIC Regulation;

b

national measures adopted under Article 40 of the FIC Regulation (milk and milk products);

c

national measures maintained under Article 42 of the FIC Regulation (measures adopted before 12 December 2011);

d

transitional measures under Article 54(1) of the FIC Regulation.

3

In this section “food business operator” and “net quantity” have the same meanings as in the FIC Regulation.