39.—(1) Any person who —
(a)contravenes or fails to comply with any of the specified import provisions;
(b)contravenes paragraph (3) of regulation 25, paragraph (5) of regulation 26 or paragraph (4) or (5) of regulation 33;
(c)contravenes any of the prohibitions in paragraph (1) of regulation 27;
(d)to the extent that contravention of regulation 28 does not constitute an offence under regulation 38, contravenes regulation 28; or
(e)fails to comply with a notice served upon that person under the Import Provisions,
shall be guilty of an offence.
[F1(1A) Any person who imports into Northern Ireland or places on the market any sprouts or seeds intended for sprouting which do not comply with the certification requirements of Article 3 of Commission Regulation (EU) No 211/2013 on certification requirements for imports into the Union of sprouts and seeds intended for the production of sprouts shall be guilty of an offence.]
(2) Subject to paragraph (3), a person guilty of an offence under this Part 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 38 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.
Textual Amendments
F1Reg. 39(1A) inserted (31.12.2013) by The Food Safety, Food Hygiene and Official Controls (Sprouting Seeds and Miscellaneous Amendments) Regulations (Northern Ireland) 2013 (S.R. 2013/291), regs. 1(1), 4(3)
Commencement Information